State agencies procurement; bring forward code sections related to.

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To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Zuber

HOUSE BILL NO. 579

AN ACT TO BRING FORWARD SECTIONS 31-1-1, 31-1-21, 31-1-23, 1
31-1-25, 31-1-27, 31-3-1, 31-3-2, 31-3-3, 31-3-5, 31-3-7, 31-3-9, 2
31-3-11, 31-3-13, 31-3-14, 31-3-15, 31-3-16, 31-3-17, 31-3-21, 3
31-3-23, 31-5-3, 31-5-15, 31-5-17, 31-5-19, 31-5-21, 31-5-23, 4
31-5-25, 31-5-27, 31-5-29, 31-5-31, 31-5-33, 31-5-35, 31-5-37, 5
31-5-39, 31-5-41, 31-5-51, 31-5-52, 31-5-53, 31-5-55, 31-5-57, 6
31-7-1, 31-7-3, 31-7-5, 31-7-7, 31-7-9, 31-7-10, 31-7-11, 31-7-12, 7
31-7-13, 31-7-13.1, 31-7-13.2, 31-7-13.3, 31-7-14, 31-7-14.1, 8
31-7-15, 31-7-16, 31-7-18, 31-7-21, 31-7-23, 31-7-38, 31-7-47, 9
31-7-49, 31-7-53, 31-7-55, 31-7-57, 31-7-59, 31-7-61, 31-7-63, 10
31-7-65, 31-7-67, 31-7-73, 31-7-301, 31-7-303, 31-7-305, 31-7-307, 11
31-7-309, 31-7-311, 31-7-313, 31-7-315, 31-7-317, 31-7-401, 12
31-7-403, 31-7-405, 31-7-407, 31-7-409, 31-7-411, 31-7-413, 13
31-7-415, 31-7-417, 31-7-419, 31-7-421, 31-7-423, 31-8-1, 31-8-3, 14
31-8-5, 31-8-7, 31-8-9, 31-8-11, 31-8-13, 31-9-1, 31-9-5, 31-9-9, 15
31-9-13, 31-9-15, 31-11-1, 31-11-4, 31-11-7, 31-11-25, 31-11-27, 16
31-11-29, 31-11-30, 31-11-31, 31-11-33, 31-11-35, 5-3-72, 7-7-23, 17
7-7-25, 7-7-27, 7-7-51, 17-17-121, 17-25-5, 19-31-37, 25-1-78, 18
25-53-3, 25-53-5, 25-53-21, 25-53-25, 25-53-29, 25-53-101, 19
25-53-105, 25-53-107, 25-53-109, 25-53-111, 25-53-113, 25-53-115, 20
25-53-117, 25-53-119, 25-53-121, 25-53-123, 25-53-125, 25-53-151, 21
25-53-191, 25-53-201, 25-53-257, 25-58-21, 25-61-5, 25-61-9, 22
27-103-129, 27-104-7, 27-104-23, 27-104-103, 27-104-107, 23
27-104-109, 27-104-152, 27-104-153, 27-104-155, 27-104-157, 24
27-104-158, 27-104-159, 27-104-161, 27-104-163, 27-104-165, 25
27-104-167, 27-115-49, 27-115-69, 29-1-1, 29-5-2, 37-68-9, 26
37-41-101, 37-101-15, 37-101-413, 43-27-35, 43-37-3, 45-1-39, 27
45-11-7, 47-5-20, 47-5-47, 47-5-64, 47-5-66, 47-5-79, 47-5-105, 28
47-5-357, 49-2-9, 49-31-7, 57-1-55, 57-69-3, 57-69-5, 57-69-9, 29
57-75-3, 57-75-5, 57-75-7, 57-75-9, 57-75-11, 57-75-13, 57-75-15, 30
57-75-17, 57-75-19, 57-75-21, 57-75-22, 57-75-23, 57-75-25, 31
57-75-27, 57-75-33, 57-75-35, 57-75-37, 59-5-37, 59-9-25, 32
59-17-31, 61-13-1, 61-13-5, 63-11-47, 65-1-87, 65-17-105, 33
65-19-61, 65-19-77, 65-25-53, 65-27-7, 65-43-3, 71-5-116, 34
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73-13-45, 73-63-55, AND 77-3-42, MISSISSIPPI CODE OF 1972, FOR THE 35
PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTIONS 25-1-77, 31-11-3, 36
47-5-307, 47-5-313, AND 57-69-7, MISSISSIPPI CODE OF 1972, TO MAKE 37
MINOR NONSUBSTANTIVE CHANGES; AND FOR RELATED PURPOSES. 38
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 39
SECTION 1. Section 31-1-1, Mississippi Code of 1972, is 40
brought forward as follows: 41
31-1-1. The responsibility for the making of contracts for 42
printing, binding, engraving and lithographing is hereby vested in 43
each state agency or office which requires such printing, binding, 44
engraving and lithographing, including but not restricted to the 45
Secretary of State, State Department of Education, State Tax 46
Commission, Supreme Court, Department of Insurance, State Auditor, 47
Public Service Commission, State Treasurer, State Fiscal 48
Management Board, State Veterans Affairs Board, Attorney General, 49
Department of Agriculture and Commerce, State Board of Pharmacy, 50
State Board of Dental Examiners, State Law Library, State Board of 51
Health, Mississippi Department of Corrections, State Educational 52
Finance Commission, Department of Archives and History, 53
Mississippi State Hospital and Board of Trustees of State 54
Institutions of Higher Learning. 55
All contracts referred to herein shall be submitted to and 56
approved by the State Fiscal Management Board prior to their 57
execution, except that those contracts under the jurisdiction of 58
the Legislature shall be submitted to and approved by the 59
Legislative Budget Office. 60
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All state agencies shall purchase all commodities required 61
for their operation or for the proper fulfillment of their duties 62
and functions in accordance with Chapter 7 of this title in order 63
to coordinate and promote efficiency and economy in the purchase 64
of such commodities for the state. 65
SECTION 2. Section 31-1-21, Mississippi Code of 1972, is 66
brought forward as follows: 67
31-1-21. All contractors shall specify each job of work 68
charged for and attach to the account the receipt of the proper 69
officer for the work. The accounts must be accompanied with one 70
copy of each job, of the paper containing the matter charged for, 71
and must state the number of ems or inches and all particulars. 72
SECTION 3. Section 31-1-23, Mississippi Code of 1972, is 73
brought forward as follows: 74
31-1-23. The department for which the work is done shall 75
examine the proof sheets of all work executed under the provisions 76
of this chapter, and see that they are correctly printed and that 77
all such work is executed in a suitable manner and in accordance 78
with the requirements of law. 79
SECTION 4. Section 31-1-25, Mississippi Code of 1972, is 80
brought forward as follows: 81
31-1-25. (1) The purchase of all printing, binding and 82
stationery is hereby defined as a commodity purchase, subject to 83
the provisions of Sections 31-7-1 through 31-7-19, Mississippi 84
Code of 1972. 85
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(2) In the event the provisions of this section conflict 86
with the provisions of any laws or parts of laws, the provisions 87
of this section shall control. 88
SECTION 5. Section 31-1-27, Mississippi Code of 1972, is 89
brought forward as follows: 90
31-1-27. Appraisal information in the possession of a public 91
body, as defined by paragraph (a) of Section 25-61-3, which 92
concern the sale or purchase of real or personal property for 93
public purposes prior to public announcement of the purchase or 94
sale, where the release of such records would have a detrimental 95
effect on such sale or purchase, shall be exempt from the 96
provisions of the Mississippi Public Records Act of 1983. 97
SECTION 6. Section 31-3-1, Mississippi Code of 1972, is 98
brought forward as follows: 99
31-3-1. The following words, as used in this chapter, shall 100
have the meanings specified below: 101
"Board": The State Board of Contractors created under this 102
chapter. 103
"Contractor": Any person contracting or undertaking as prime 104
contractor, subcontractor or sub-subcontractor of any tier to do 105
any erection, building, construction, reconstruction, demolition, 106
repair, maintenance or related work on any public or private 107
project; however, "contractor" shall not include any owner of a 108
dwelling or other structure to be constructed, altered, repaired 109
or improved and not for sale, lease, public use or assembly, or 110
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any person duly permitted by the Mississippi State Oil and Gas 111
Board, pursuant to Section 53-3-11, Mississippi Code of 1972, to 112
conduct operations within the state, and acting pursuant to said 113
permit. It is further provided that nothing herein shall apply 114
to: 115
(a) Any contract or undertaking on a public or private 116
project by a prime contractor, subcontractor or sub-subcontractor 117
of any tier involving erection, building, construction, 118
reconstruction, repair, maintenance or related work where such 119
contract, subcontract or undertaking is less than Fifty Thousand 120
Dollars ($50,000.00); 121
(b) Highway construction, highway bridges, overpasses 122
and any other project incidental to the construction of highways 123
which are designated as federal aid projects and in which federal 124
funds are involved; 125
(c) A residential project to be occupied by fifty (50) 126
or fewer families and not more than three (3) stories in height; 127
(d) A residential subdivision where the contractor is 128
developing either single-family or multifamily lots; 129
(e) A new commercial construction project not exceeding 130
seventy-five hundred (7500) square feet and not more than two (2) 131
stories in height undertaken by an individual or entity licensed 132
under the provisions of Section 73-59-1 et seq.; 133
(f) Erection of a microwave tower built for the purpose 134
of telecommunication transmissions; 135
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(g) Any contract or undertaking on a public project by 136
a prime contractor, subcontractor or sub-subcontractor of any tier 137
involving the construction, reconstruction, repair or maintenance 138
of fire protection systems where such contract, subcontract or 139
undertaking is less than Five Thousand Dollars ($5,000.00); 140
(h) Any contract or undertaking on a private project by 141
a prime contractor, subcontractor or sub-subcontractor of any tier 142
involving the construction, reconstruction, repair or maintenance 143
of fire protection systems where such contract, subcontract or 144
undertaking is less than Ten Thousand Dollars ($10,000.00); 145
(i) Any contract or undertaking on a private or public 146
project by a prime contractor, subcontractor or sub-subcontractor 147
of any tier involving the construction, reconstruction, repair or 148
maintenance of technically specialized installations if performed 149
by a Mississippi contractor who has been in the business of 150
installing fire protection sprinkler systems on or before July 1, 151
2000; or 152
(j) Any contractor undertaking to build, construct, 153
reconstruct, repair, demolish, perform maintenance on, or other 154
related work, whether on the surface or subsurface, on oil or gas 155
wells, pipelines, processing plants, or treatment facilities or 156
other structures of facilities. Nothing herein shall be construed 157
to limit the application or effect of Section 31-5-41. 158
"Certificate of responsibility": A certificate numbered and 159
held by a contractor issued by the board under the provisions of 160
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this chapter after payment of the special privilege license tax 161
therefor levied under this chapter. 162
"Person": Any person, firm, corporation, joint venture or 163
partnership, association or other type of business entity. 164
"Private project": Any project for erection, building, 165
construction, reconstruction, repair, maintenance or related work 166
which is not funded in whole or in part with public funds. 167
"Public agency": Any board, commission, council or agency of 168
the State of Mississippi or any district, county or municipality 169
thereof, including school, hospital, airport and all other types 170
of governing agencies created by or operating under the laws of 171
this state. 172
"Public funds": Monies of public agencies, whether obtained 173
from taxation, donation or otherwise; or monies being expended by 174
public agencies for the purposes for which such public agencies 175
exist. 176
"Public project": Any project for erection, building, 177
construction, reconstruction, repair, maintenance or related work 178
which is funded in whole or in part with public funds. 179
SECTION 7. Section 31-3-2, Mississippi Code of 1972, is 180
brought forward as follows: 181
31-3-2. The purpose of this chapter is to protect the 182
health, safety and general welfare of all persons dealing with 183
those who are engaged in the vocation of contracting and to afford 184
such persons an effective and practical protection against 185
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incompetent, inexperienced, unlawful and fraudulent acts of 186
contractors. 187
SECTION 8. Section 31-3-3, Mississippi Code of 1972, is 188
brought forward as follows: 189
31-3-3. There is hereby created the State Board of 190
Contractors of the State of Mississippi, which shall consist of 191
ten (10) members who shall be appointed by the Governor. All 192
appointments to the board shall be made with the advice and 193
consent of the Senate. Two (2) road contractors; two (2) building 194
contractors; two (2) residential builders as defined in Section 195
73-59-1; one (1) plumbing or heating and air-conditioning 196
contractor; one (1) electrical contractor; and one (1) water and 197
sewer contractor shall compose the board. The Governor shall 198
appoint one (1) additional member who shall be a roofing 199
contractor and whose term of office shall be five (5) years. Each 200
member shall be an actual resident of the State of Mississippi and 201
must have been actually engaged in the contracting business for a 202
period of not less than ten (10) years before appointment. The 203
initial terms of the two (2) residential builders shall be for two 204
(2) and four (4) years, respectively. 205
Upon the expiration of the term of office of any member of 206
the board, the Governor shall appoint a new member for a term of 207
five (5) years, such new appointments being made so as to maintain 208
on the board two (2) building contractors; two (2) road 209
contractors; two (2) residential builders; one (1) plumbing or 210
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heating and air-conditioning contractor; one (1) electrical 211
contractor; and one (1) water and sewer contractor; and one (1) 212
roofing contractor. The Governor shall fill any vacancy by 213
appointment, such appointee to serve the balance of the term of 214
the original appointee. The Governor may remove any member of the 215
board for misconduct, incompetency or willful neglect of duty. 216
In the event the Governor fails to appoint a member of the 217
board within twelve (12) months of the occurrence of the vacancy, 218
such vacancy shall be filled by majority vote of the board, 219
subject to advice and consent of the Senate and the requirements 220
of this section. 221
SECTION 9. Section 31-3-5, Mississippi Code of 1972, is 222
brought forward as follows: 223
31-3-5. The board shall be assigned suitable office space at 224
the seat of government and shall elect one (1) of its members as 225
chairman and one (1) as vice chairman; and each shall perform the 226
usual duties of such offices. The board may adopt a seal. Six 227
(6) members of the board shall constitute a quorum, and a majority 228
vote of those present and voting at any meeting shall be necessary 229
for the transaction of any business coming before the board. 230
Members must be present to cast votes on any and all business. 231
The executive director shall serve as secretary of the board. The 232
board is authorized to employ such personnel as shall be necessary 233
in the performance of its duties including sufficient 234
administrative and clerical staff to process and review 235
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applications for certificates of responsibility, to prepare and 236
administer tests therefor, to investigate applications for 237
certificates of responsibility and to inspect work performed by 238
contractors as may be necessary to enforce and carry out the 239
purpose of this chapter. 240
SECTION 10. Section 31-3-7, Mississippi Code of 1972, is 241
brought forward as follows: 242
31-3-7. The board shall have four (4) regular meetings in 243
each year, one (1) on the second Wednesday in January, one (1) on 244
the second Wednesday in April, one (1) on the second Wednesday in 245
July, and one (1) on the second Wednesday in October, at its 246
offices at the seat of government or through the means of 247
teleconference or video conferencing in accordance with Section 248
25-41-5. If the regular meeting day falls on a legal holiday, the 249
board shall meet on the next day. The board may hold such special 250
meetings as it finds necessary. However, before any special 251
meeting is held, a notice stating the time, place and primary 252
purpose of such meeting shall be sent by certified or registered 253
mail from the chairman or vice chairman of the board to the other 254
members of the board at least five (5) days before such meeting. 255
Certificates of responsibility shall be issued at any time during 256
the course of a calendar year as prescribed by the rules and 257
regulations of the board. All meetings shall be held in the State 258
of Mississippi. At any regular or special meeting the board may 259
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recess from time to time to reconvene on a day and time fixed by 260
an order of the board entered upon its minutes. 261
The holder of a valid certificate of responsibility shall 262
disclose to the owner or other person with whom the holder is 263
contracting at the signing of a contract or the initial agreement 264
to perform work whether the holder carries general liability 265
insurance. The disclosure shall be written, the structure and 266
composition of which shall be determined by the State Board of 267
Contractors, and shall be placed immediately before the space 268
reserved in the contract for the signature of the purchaser. The 269
disclosure shall be boldfaced and conspicuous type which is larger 270
than the type of the remaining text of the contract. 271
SECTION 11. Section 31-3-9, Mississippi Code of 1972, is 272
brought forward as follows: 273
31-3-9. The members of the board shall be entitled to 274
receive a per diem as provided in Section 25-3-69, Mississippi 275
Code of 1972, when actually engaged in the business of the board, 276
together with their actual and necessary traveling and subsistence 277
expenses incurred on behalf of board business, upon itemized 278
statements of same as provided by general law in the case of other 279
state employees. Such statements shall be paid only after the 280
same have been approved by order on the minutes of the board. 281
SECTION 12. Section 31-3-11, Mississippi Code of 1972, is 282
brought forward as follows: 283
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31-3-11. The board shall elect and fix the salary of an 284
executive director, and the board may terminate the employment of 285
such executive director at any time the board deems the same 286
advisable. The board shall require the executive director to file 287
bond in such amount as the board may deem necessary, and shall 288
specify the duties of such employee. The premium on any such bond 289
shall be paid from the funds provided by this chapter. 290
SECTION 13. Section 31-3-13, Mississippi Code of 1972, is 291
brought forward as follows: 292
31-3-13. The board shall have the following powers and 293
responsibilities: 294
(a) To receive applications for certificates of 295
responsibility, to investigate and examine applicants for same by 296
holding hearings and securing information, to conduct 297
examinations, and to issue certificates of responsibility to such 298
contractors as the board finds to be responsible. 299
All original certificates and renewals shall expire one (1) 300
year from the date of issuance. Application for renewal of 301
certificates of responsibility, together with the payment of a 302
special privilege license tax as provided under this chapter, 303
shall serve to extend the current certificate until the board 304
either renews the certificate or denies the application. 305
No certificate of responsibility or any renewal thereof shall 306
be issued until the applicant furnishes to the board his 307
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Mississippi state sales tax number or Mississippi state use tax 308
number and his state income tax identification numbers. 309
Additional fees may be required as provided in Section 310
31-3-14. 311
The board shall conduct an objective, standardized 312
examination of an applicant for a certificate to ascertain the 313
ability of the applicant to make practical application of his 314
knowledge of the profession or business of construction in the 315
category or categories for which he has applied for a certificate 316
of responsibility. The board may administer an oral examination 317
to applicants who are unable to take the written examination. The 318
cost of the test and the cost of administering the test shall be 319
paid for by applicants for certificates of responsibility at the 320
time applications are filed. The board shall investigate 321
thoroughly the past record of all applicants, which will include 322
an effort toward ascertaining the qualifications of applicants in 323
reading plans and specifications, estimating costs, construction 324
ethics, and other similar matters. The board shall take all 325
applicants under consideration after having examined him or them 326
and go thoroughly into the records and examinations, prior to 327
granting any certificate of responsibility. If the applicant is 328
an individual, examination may be taken by his personal appearance 329
for examination or by the appearance for examination of one or 330
more of his responsible managing employees; and if a copartnership 331
or corporation or any other combination or organization, by the 332
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examination of one or more of the responsible managing officers or 333
members of the executive staff of the applicant's firm, according 334
to its own designation, and such person shall be known as the 335
qualifying party. A qualifying party may serve no more than three 336
(3) separate entities as the qualifying party without first 337
appearing before the board and being granted special permission. 338
(b) To conduct thorough investigations of all 339
applicants seeking renewal of their licenses and of all complaints 340
filed with the board concerning the performance of a contractor on 341
a public or private project. 342
(c) To obtain information concerning the responsibility 343
of any applicant for a certificate of responsibility or a holder 344
of a certificate of responsibility under this chapter. Such 345
information may be obtained by investigation, by hearings, or by 346
any other reasonable and lawful means. The board shall keep such 347
information appropriately filed and shall disseminate same to any 348
interested person. The board shall have the power of subpoena. 349
(d) To maintain a list of contractors to whom 350
certificates of responsibility are issued, refused, revoked or 351
suspended, which list shall be available to any interested person. 352
Such list shall indicate the kind or kinds of works or projects 353
for which a certificate of responsibility was issued, refused, 354
revoked or suspended. 355
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(e) To issue a citation to anyone performing work 356
without having a valid certificate of responsibility as required 357
by this chapter. 358
(f) To revoke by order entered on its minutes a 359
certificate of responsibility upon a finding by the board that a 360
particular contractor or qualifying party is not responsible, and 361
to suspend such certificate of responsibility in particular cases 362
pending investigation, upon cause to be stated in the board's 363
order of suspension. No such revocation or suspension shall be 364
ordered without a hearing conducted upon not less than ten (10) 365
days' notice to such certificate holder by certified or registered 366
mail, wherein the holder of the certificate of responsibility 367
shall be given an opportunity to present all lawful evidence which 368
he may offer. 369
(g) To adopt rules and regulations setting forth the 370
requirements for certificates of responsibility, the revocation or 371
suspension thereof, and all other matters concerning same; rules 372
and regulations governing the conduct of the business of the board 373
and its employees; and such other rules and regulations as the 374
board finds necessary for the proper administration of this 375
chapter, including those for the conduct of its hearings on the 376
revocation or suspension of certificates of responsibility. Such 377
rules and regulations shall not conflict with the provisions of 378
this chapter. 379
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(h) The board shall have the power and responsibility 380
to classify the kind or kinds of works or projects that a 381
contractor is qualified and entitled to perform under the 382
certificate of responsibility issued to him. Such classification 383
shall be specified in the certificate of responsibility. 384
The powers of the State Board of Contractors shall not extend 385
to fixing a maximum limit in the bid amount of any contractor, or 386
the bonding capacity, or a maximum amount of work which a 387
contractor may have under contract at any time, except as stated 388
in paragraph (a) of this section; and the Board of Contractors 389
shall not have jurisdiction or the power or authority to determine 390
the maximum bond a contractor may be capable of obtaining. The 391
board, in determining the qualifications of any applicant for an 392
original certificate of responsibility or any renewal thereof, 393
shall, among other things, take into consideration the following: 394
(i) experience and ability, (ii) character, (iii) the manner of 395
performance of previous contracts, (iv) financial condition, (v) 396
equipment, (vi) personnel, (vii) work completed, (viii) work on 397
hand, (ix) ability to perform satisfactorily work under contract 398
at the time of an application for a certificate of responsibility 399
or a renewal thereof, (x) default in complying with provisions of 400
this law, or any other law of the state, and (xi) the results of 401
objective, standardized examinations. A record shall be made and 402
preserved by the board of each examination of an applicant and the 403
findings of the board thereon, and a certified copy of the record 404
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and findings shall be furnished to any applicant desiring to 405
appeal from any order or decision of the board. 406
(i) The board shall enter upon its minutes an order or 407
decision upon each application filed with it, and it may state in 408
such order or decision the reason or reasons for its order or 409
decision. 410
Upon failure of the board to enter an order or decision upon 411
its minutes as to any application within one hundred eighty (180) 412
days from the date of filing such application, the applicant shall 413
have the right of appeal as otherwise provided by this chapter. 414
The holder of a valid certificate of responsibility shall 415
disclose to the owner or other person with whom the holder is 416
contracting at the signing of a contract or the initial agreement 417
to perform work whether the holder carries general liability 418
insurance. The disclosure shall be written, the structure and 419
composition of which shall be determined by the State Board of 420
Contractors, and shall be placed immediately before the space 421
reserved in the contract for the signature of the purchaser. The 422
disclosure shall be boldfaced and conspicuous type which is larger 423
than the type of the remaining text of the contract. 424
SECTION 14. Section 31-3-14, Mississippi Code of 1972, is 425
brought forward as follows: 426
31-3-14. (1) In addition to the fees required for 427
application and renewal for certification and registration of all 428
contractors in Section 31-3-13, all holders of a certificate of 429
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responsibility shall pay a fee equal to Two Hundred Dollars 430
($200.00) at the time of application or renewal of certificates of 431
responsibility. Any residential builder licensed under the 432
provisions of Section 73-59-1 et seq. shall be exempt from the fee 433
imposed under this section. The revenue derived from such 434
additional fees shall be deposited into a fund to be known as the 435
"Construction Education Fund," a special fund created in the State 436
Treasury, and distributed by the State Board of Contractors 437
created in Section 31-3-3, to the Mississippi Construction 438
Education Foundation, public high schools and community colleges 439
that participate in the Mississippi Construction Education 440
Foundation's "school-to-work" program, state universities that 441
have construction technology programs, the Mississippi Housing 442
Institute and certain construction educational trusts approved by 443
the State Board of Contractors in the manner hereinafter provided 444
to offer courses for construction education and construction craft 445
training to meet the needs of the construction industry of the 446
State of Mississippi. 447
(2) The State Board of Contractors shall, on an annual 448
basis, solicit from the Mississippi state institutions of higher 449
learning, all the public community and junior colleges, the 450
Mississippi Construction Education Foundation, public high schools 451
that participate in the Mississippi Construction Education 452
Foundation's "school-to-work" program and certain construction 453
educational trusts, applications for the use of such funds in 454
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construction education and craft training programs in a manner 455
prescribed by the board. The board may appoint a technical 456
advisory committee to advise the board on the most needed areas of 457
construction education and craft training, continuing education or 458
research relating to the construction education and craft training 459
in the state, based on significant changes in the construction 460
industry's practices, economic development or on problems costing 461
public or private contractors substantial waste. The board shall 462
ensure that the monies distributed from this fund are properly 463
spent to promote construction education and craft training in 464
programs in the state which are approved by the board. At least 465
seventy-five percent (75%) of the monies distributed by the board, 466
pursuant to this section, must be used for construction craft 467
training with the exception of the Mississippi Housing Institute. 468
(3) Each university, junior college, community college, the 469
Mississippi Construction Education Foundation, public high school 470
that participates in the foundation's "school-to-work" program and 471
construction educational trust receiving funds pursuant to this 472
section for construction education or construction craft training 473
programs shall utilize such funds only for construction education 474
and craft training curricula and program development, faculty 475
development, equipment, student scholarships, student 476
assistantships, and for continuing education programs related to 477
construction education and craft training. Such funds shall not 478
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be commingled with the normal operating funds of the educational 479
institution, regardless of the source of such funds. 480
(4) The State Board of Contractors shall ensure the 481
distribution of reports and the availability of construction 482
education programs established pursuant to this section to all 483
segments of the construction industry that are subject to the fee 484
provided under this section. The board shall cause a report to be 485
made to the Legislature in October of each year, summarizing the 486
allocation of funds by institution or program and summarizing the 487
new projects funded and the status of previously funded projects. 488
(5) All monies deposited into the Construction Education 489
Fund shall be used exclusively for construction education and 490
craft training, and any unspent funds at the end of the fiscal 491
year shall not revert to the General Fund of the State Treasury 492
but shall be available for construction education and craft 493
training in subsequent fiscal years. 494
(6) All monies deposited into the Construction Education 495
Fund collected from residential builders licensed under the 496
provisions of Section 73-59-1 et seq. shall be used exclusively 497
for licensed home builders' education and professional development 498
and any unspent funds at the end of the fiscal year shall not 499
revert to the General Fund of the State Treasury but shall be 500
available for construction education and craft training in 501
subsequent fiscal years. 502
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(7) All expenditures from the Construction Education Fund 503
shall be by requisition to the State Auditor, signed by the 504
executive director of the board and countersigned by the chairman 505
or vice chairman of the board, and the State Treasurer shall issue 506
his warrants thereon. 507
SECTION 15. Section 31-3-15, Mississippi Code of 1972, is 508
brought forward as follows: 509
31-3-15. No contract for public or private projects shall be 510
issued or awarded to any contractor who did not have a current 511
certificate of responsibility issued by said board at the time of 512
the submission of the bid, or a similar certificate issued by a 513
similar board of another state which recognizes certificates 514
issued by said board. Any contract issued or awarded in violation 515
of this section shall be null and void. 516
SECTION 16. Section 31-3-16, Mississippi Code of 1972, is 517
brought forward as follows: 518
31-3-16. All commercial contractors, in order to obtain a 519
building permit in the State of Mississippi, shall possess a 520
permit from the Department of Revenue issued under Section 521
27-65-27. 522
Notwithstanding the definition of "contractor" in Section 523
31-3-1, for purposes of this section, a commercial contractor is a 524
person or entity contracting or offering to contract with an owner 525
or possessor of commercial real estate to construct a building 526
thereon, or to repair or renovate any portion of a building 527
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thereon, regardless of the cost of the project, and regardless of 528
whether all or part of the cost is expected to be paid as a 529
benefit of a property and casualty insurance policy. 530
This section shall not apply to a commercial contractor 531
having a permanent place of business in the State of Mississippi 532
or licensed under this chapter. 533
SECTION 17. Section 31-3-17, Mississippi Code of 1972, is 534
brought forward as follows: 535
31-3-17. There is hereby levied, in addition to any taxes 536
otherwise provided for by law, a special privilege license tax of 537
Two Hundred Dollars ($200.00) on each contractor who applies for a 538
certificate of responsibility issued under this chapter; and such 539
tax shall be paid to the executive director of the board upon 540
making such application in this state. The board may levy an 541
additional special privilege license tax not to exceed One Hundred 542
Dollars ($100.00) for each additional classification for which a 543
contractor applies and is found to be qualified. The executive 544
director of the board shall promptly deposit all monies received 545
under this chapter in the State Treasury. Except for the civil 546
penalty provided in Section 31-3-21 which shall be deposited into 547
the State General Fund and the fee provided in Section 31-3-14, 548
all monies received under this chapter shall be kept in a special 549
fund in the State Treasury known as the "State Board of 550
Contractors Fund," and shall be used only for the purposes of this 551
chapter. Such monies shall not lapse at the end of each fiscal 552
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year, but all monies in such State Board of Contractors Fund in 553
excess of the sum of fifty percent (50%) of the approved budget 554
for the fiscal year shall be paid over into the General Fund of 555
the State Treasury. All expenditures from the Board of 556
Contractors Fund shall be by requisition to the State Auditor, 557
signed by the executive director of the board and countersigned by 558
the chairman or vice chairman of the board, and the State 559
Treasurer shall issue warrants thereon. 560
SECTION 18. Section 31-3-21, Mississippi Code of 1972, is 561
brought forward as follows: 562
31-3-21. (1) It shall be unlawful for any person who does 563
not hold a certificate of responsibility issued under this chapter 564
to submit a bid, enter into a contract, or otherwise engage in or 565
continue in this state in the business of a contractor, as defined 566
in this chapter. Any bid which is submitted without a certificate 567
of responsibility number issued under this chapter and without 568
that number appearing on the exterior of the bid envelope, as and 569
if herein required, at the time designated for the opening of such 570
bid, shall not be considered further, and the person or public 571
agency soliciting bids shall not enter into a contract with a 572
contractor submitting a bid in violation of this section. In 573
addition, any person violating this section by knowingly and 574
willfully submitting a bid for projects without holding a 575
certificate of responsibility number issued under this chapter, as 576
and if herein required, at the time of the submission or opening 577
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of such bid shall be guilty of a misdemeanor and, upon conviction, 578
shall be punished by a fine of not more than One Thousand Dollars 579
($1,000.00), or by imprisonment for not more than six (6) months, 580
or by both such fine and imprisonment. 581
(2) All bids submitted for public or private projects where 582
the bid is in excess of Fifty Thousand Dollars ($50,000.00) shall 583
contain on the outside or exterior of the envelope or container of 584
such bid the contractor's current certificate number, and no bid 585
shall be opened or considered unless such contractor's current 586
certificate number appears on the outside or exterior of said 587
envelope or container, or unless there appears a statement on the 588
outside or exterior of such envelope or container to the effect 589
that the bid enclosed therewith did not exceed Fifty Thousand 590
Dollars ($50,000.00) with respect to public or private projects. 591
Any person violating the provisions of this subsection shall be 592
guilty of a misdemeanor and, upon conviction, shall be punished by 593
a fine of not more than One Thousand Dollars ($1,000.00), or by 594
imprisonment for not more than six (6) months, or by both such 595
fine and imprisonment. 596
(3) In the letting of public contracts preference shall be 597
given to resident contractors, and a nonresident bidder domiciled 598
in a state having laws granting preference to local contractors 599
shall be awarded Mississippi public contracts only on the same 600
basis as the nonresident bidder's state awards contracts to 601
Mississippi contractors bidding under similar circumstances; and 602
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resident contractors actually domiciled in Mississippi, be they 603
corporate, individuals, or partnerships, are to be granted 604
preference over nonresidents in awarding of contracts in the same 605
manner and to the same extent as provided by the laws of the state 606
of domicile of the nonresident. When a nonresident contractor 607
submits a bid for a public project, he shall attach thereto a copy 608
of his resident state's current preference law, if any, pertaining 609
to such state's treatment of nonresident contractors. Any bid 610
submitted by a nonresident contractor which does not include the 611
nonresident contractor's current state law shall be rejected and 612
not considered for award. As used in this section, the term 613
"resident contractors" includes a nonresident person, firm or 614
corporation that has been qualified to do business in this state 615
and has maintained a permanent full-time office in the State of 616
Mississippi for two (2) years prior to submission of the bid and 617
the subsidiaries and affiliates of such a person, firm or 618
corporation. Any public agency awarding a contract shall promptly 619
report to the Department of Revenue the following information: 620
(a) The amount of the contract. 621
(b) The name and address of the contractor reviewing 622
the contract. 623
(c) The name and location of the project. 624
(4) In addition to any other penalties provided in this 625
chapter, and upon a finding of a violation of this chapter, the 626
State Board of Contractors may, after notice and hearing, issue an 627
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order of abatement directing the contractor to cease all actions 628
constituting violations of this chapter until such time as the 629
contractor complies with Mississippi state law, and to pay to the 630
board a civil penalty to be deposited into the State Board of 631
Contractors Fund, created in Section 31-3-17, of not more than 632
three percent (3%) of the total contract being performed by the 633
contractor. In addition to, or in lieu of, such civil penalty, 634
the board may issue a public or private reprimand. The funds 635
collected from civil penalty payments shall be used by the State 636
Board of Contractors for enforcement and education. 637
SECTION 19. Section 31-3-23, Mississippi Code of 1972, is 638
brought forward as follows: 639
31-3-23. Within ten (10) days after any order, judgment or 640
action of the board, any person aggrieved thereby may appeal such 641
order, judgment or action either to the chancery court of the 642
county wherein the appellant resides or to the Chancery Court of 643
the First Judicial District of Hinds County, Mississippi, upon 644
giving bond with sufficient security in the amount of Two Hundred 645
Fifty Dollars ($250.00), approved by the clerk of the chancery 646
court and conditioned to pay any costs which may be adjudged 647
against such person. In lieu of the bond, the appellant may post 648
Two Hundred Fifty Dollars ($250.00) with the clerk of the chancery 649
court and conditioned to pay any costs which may be adjudged 650
against such person. 651
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Notice of appeal shall be filed in the office of the clerk of 652
the chancery court, who shall issue a writ of certiorari directed 653
to the board commanding it within forty-five (45) days after 654
service thereof to certify to such court its entire record in the 655
matter in which the appeal has been taken. The appeal shall 656
thereupon be heard in due course by the court, and the court shall 657
review the record and shall affirm or reverse the judgment. If 658
the judgment is reversed, the chancery court or chancellor shall 659
render such order or judgment as the board ought to have rendered, 660
and certify the same to the board; and costs shall be awarded as 661
in other cases. 662
Appeals may be had to the Supreme Court of the State of 663
Mississippi as provided by law from any final action of the 664
chancery court. The board may employ counsel to defend such 665
appeals, to be paid out of the funds in the State Board of 666
Contractors Fund. 667
On appeal, any order, judgment or action of the board 668
revoking a certificate of responsibility or residential license 669
shall remain in full force unless the chancery court or Supreme 670
Court reverses such order, judgment or action of the board. 671
The remedies provided under this chapter for any aggrieved 672
person shall not be exclusive, but shall be cumulative of and 673
supplemental to any other remedies which he may otherwise have in 674
law or in equity, whether by injunction or otherwise. 675
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SECTION 20. Section 31-5-3, Mississippi Code of 1972, is 676
brought forward as follows: 677
31-5-3. Any person, firm or corporation entering into a 678
formal contract with this state, any county thereof, municipality 679
therein, or any public board, department, commission, or political 680
subdivision of this state, for the construction or maintenance of 681
public buildings, works or projects or the doing of repairs to any 682
public building, works or projects shall be required before 683
commencing same to execute the usual bond with good and sufficient 684
sureties, as required by law, with the additional obligation that 685
such contractor shall promptly make payment of all taxes, 686
licenses, assessments, contributions, damages, penalties, and 687
interest thereon, when and as the same may lawfully be due this 688
state, or any county, municipality, board, department, commission 689
or political subdivision thereof, by reason of and directly 690
connected with the performance of such contract or any part 691
thereof. 692
In default of the prompt payment of all such taxes, licenses, 693
assessments, contributions, damages, penalties and interest 694
thereon as may be due by any such contractor, a direct proceeding 695
on said bond may be brought in any court of competent jurisdiction 696
by the proper officer or agency having lawful authority so to do 697
to enforce such payment, the right to so proceed being cumulative 698
and in addition to such other remedies as may be provided by law. 699
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Nothing in this section shall be so construed as to repeal in 700
any respect the provisions of any law having for its purpose the 701
protection and enforcement of claims by persons furnishing labor 702
or materials. 703
SECTION 21. Section 31-5-15, Mississippi Code of 1972, is 704
brought forward as follows: 705
31-5-15. Under any public contract heretofore or hereafter 706
made or awarded by the State of Mississippi, or any agency or 707
department of the State of Mississippi, or by any political 708
subdivision thereof, the contractor may, with the written consent 709
of his or its surety, from time to time, withdraw the whole or any 710
portion of the amount retained from payments due the contractor 711
pursuant to the terms of the contract by depositing with the State 712
Treasurer of the State of Mississippi, or the treasurer or 713
secretary of the political subdivision of the State of Mississippi 714
holding funds belonging to the contractor, the following security, 715
or any combination thereof in an amount equal to or in excess of 716
the amount so withdrawn, said securities to be accepted at the 717
time of deposit at market value but not in excess of par value, to 718
wit: 719
(a) U.S. Treasury Bonds, U.S. Treasury Notes, U.S. 720
Treasury Certificates of Indebtedness, or U.S. Treasury Bills, or 721
(b) Bonds or notes of the State of Mississippi, or 722
(c) Bonds of any political subdivision of the State of 723
Mississippi, or 724
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(d) Certificates of deposit issued by commercial banks 725
located in the State of Mississippi, provided that such 726
certificate is negotiable or is accompanied by a power of attorney 727
executed by the owner of the certificate in favor of the Treasurer 728
of the State of Mississippi or of the treasurer or the secretary 729
of the political subdivision involved, or 730
(e) Certificates of deposit issued by savings and loan 731
associations located in the State of Mississippi, the accounts of 732
which are insured by the Federal Deposit Insurance Corporation, or 733
whose accounts are insured by a company approved by the State 734
Board of Savings and Loan Associations, provided that such 735
certificate is made payable with accrued interest on demand and is 736
accompanied by a power of attorney executed by the owner of the 737
certificate in favor of the Treasurer of the State of Mississippi 738
or the treasurer or secretary of the political subdivision 739
involved, and provided that any such certificate from any of the 740
savings and loan associations referred to in this subparagraph 741
shall not be for an amount in excess of the maximum dollar amount 742
of coverage of the Federal Savings and Loan Insurance Corporation. 743
The agency or department of the state shall notify the State 744
Treasurer of the amount of deposit required and shall also notify 745
the State Treasurer when to release the deposit. The political 746
subdivision of the state shall notify its treasurer or secretary 747
of the amount of deposit required and shall also notify him when 748
to release the deposit. 749
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The State Treasurer, or the secretary or treasurer of the 750
political subdivision holding said security, shall, from time to 751
time, collect all interest or income on the security so deposited 752
and shall, by and with the written consent of contractor's surety, 753
pay the same when and as collected to the contractor or 754
contractors who deposited said obligations. If the deposit be in 755
the form of coupon bonds, the coupons as they respectively become 756
due shall be delivered to the contractor. 757
If in the event of an overpayment to a contractor the 758
contracting authority is unable to obtain reimbursement for such 759
overpayments from the contractor, the chief administrative officer 760
of the contracting authority shall notify the contractor, its 761
surety and the State Treasurer or other holder of the security, of 762
the nature of the overpayment and of the failure to obtain 763
reimbursement. Upon such notification, the security holder shall 764
retain the income on the deposited security until an amount equal 765
to the overpayment is accumulated and paid to the contracting 766
authority. 767
In the event the contractor shall default in the performance 768
of the contract or any portion thereof, the securities deposited 769
by him in lieu of retainage and all interest and coupons and 770
income accruing on said securities after said default may be sold 771
by the state or any agency or department thereof, or any political 772
subdivision, and the proceeds of said sale used as if such 773
proceeds represented the retainage provided for under the 774
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contract. For the purposes of this section, the term "retainage" 775
means money, or other security as agreed to by the parties to a 776
construction contract, earned by the contractor, subcontractor or 777
lower-tier sub-subcontractor or supplier, as the case may be, for 778
work properly performed or materials suitably stored if payment 779
for stored materials is provided for in the contract, which has 780
been retained by the owner conditioned on final completion, to 781
include, but not be limited to, deliverable and nondeliverable 782
requirements such as completion of contractual closeout, provision 783
of equipment manuals, provision of warranty documents, completion 784
of punch list and acceptance of all work in connection with a 785
project by the contractor, subcontractor or lower-tier 786
sub-subcontractor or supplier. 787
SECTION 22. Section 31-5-17, Mississippi Code of 1972, is 788
brought forward as follows: 789
31-5-17. Every public officer, contractor, superintendent, 790
or agent engaged in or in charge of the construction of any state 791
or public building or public work of any kind for the State of 792
Mississippi or for any board, city commission, governmental 793
agency, or municipality of the State of Mississippi shall employ 794
only workmen and laborers who have actually resided in Mississippi 795
for two (2) years next preceding such employment. 796
SECTION 23. Section 31-5-19, Mississippi Code of 1972, is 797
brought forward as follows: 798
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31-5-19. In the event workmen or laborers qualified under 799
the provisions of Section 31-5-17 are not available, then the 800
contractor, officer, superintendent, agent, or person in charge of 801
such work shall notify in writing the mayor of the city in which 802
said work is being done, the president of the board of supervisors 803
of the county in which said work is being done, the Governor where 804
said work is being done for the State of Mississippi, and the 805
president, chairman, or executive officer of such board, city 806
commission, or governmental agency for which said work is being 807
done, of such fact. Unless the mayor, Governor, president, 808
executive officer, or chairman aforesaid, as the case may be, 809
shall forthwith supply such contractor, officer, superintendent, 810
agent, or person in charge of said works with the satisfactory 811
workmen or laborers needed, said contractor, officer, 812
superintendent, agent, or person shall be authorized to employ 813
workmen or laborers who are not qualified under the provisions of 814
Section 31-5-17 to make up the deficiency. Nothing herein shall 815
be construed to prevent the State of Mississippi, any county, 816
municipality, board, or commission from placing or letting any 817
contract for the erection or construction of any public building 818
or public work in the open market, or soliciting bids from 819
persons, firms, or corporations without the State of Mississippi. 820
Any person, persons, firm, or corporation from without the State 821
of Mississippi that may obtain such contracts for public buildings 822
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or public works shall comply with the provisions of Section 823
31-5-17 upon undertaking the said contract or work. 824
SECTION 24. Section 31-5-21, Mississippi Code of 1972, is 825
brought forward as follows: 826
31-5-21. Any contractor, officer, superintendent, agent, or 827
person in charge of said work who shall violate any of the 828
provisions of Section 31-5-17, shall be liable upon conviction 829
before a court of competent jurisdiction to a fine of not more 830
than One Hundred Dollars ($100.00) or to imprisonment of not more 831
than sixty (60) days, or both at the discretion of the court; and 832
every day's employment of each workman or laborer in such 833
violation shall constitute a separate offense. 834
However, where any workman or laborer furnishes such employer 835
with a certificate by the sheriff, chancery clerk, or county 836
registrar of the county of his domicile to the effect that such 837
workman or laborer has actually resided in this state two (2) 838
years next preceding such employment, such employer, acting in 839
good faith, shall be relieved of any liability by reason of 840
employing such person. 841
SECTION 25. Section 31-5-23, Mississippi Code of 1972, is 842
brought forward as follows: 843
31-5-23. In the construction of any building, highway, road, 844
bridge, or other public work or improvement by the State of 845
Mississippi or any of its political subdivisions or 846
municipalities, only materials grown, produced, prepared, made 847
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and/or manufactured within the State of Mississippi should be 848
used. Paint, varnish and lacquer shall be used which shall 849
contain as vehicles tung oil and either ester gum or modified 850
resin (with rosin as the principal base of constituents), and 851
turpentine shall be used as solvent or thinner, all of which said 852
products shall be produced in Mississippi. However, preference 853
shall not be given to materials grown, produced, prepared, made 854
and/or manufactured in the State of Mississippi when other 855
materials of like quality produced without the State of 856
Mississippi may be purchased or secured at less cost, or any other 857
materials of better quality produced without the State of 858
Mississippi can be secured at a reasonable cost. 859
The duty is hereby enjoined upon all public officers or 860
bodies having the right to contract for the purchase of materials 861
for any such public work to be paid for by the State of 862
Mississippi or any of its political subdivisions or municipalities 863
to faithfully observe the provisions of this section. 864
All contracts hereafter let to any person, firm or 865
corporation for the construction or doing of any public work shall 866
contain a provision enjoining a like duty upon the contractor with 867
respect to the purchase of materials as would have rested upon the 868
public officer or body letting the contract had he or it done the 869
work and purchased the materials. 870
Nothing herein shall in any manner apply to any public work 871
or improvement which will be paid for either in whole or in part 872
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by funds contributed either directly or indirectly by the United 873
States. 874
This section is declaratory of public policy of the State of 875
Mississippi. 876
The boards of supervisors of the State of Mississippi are 877
hereby enjoined, in the letting of contracts in pursuance to 878
Section 65-9-19, to use any and all low gravity oil from the 879
various oil fields in this state in the construction, maintenance, 880
and upkeep of the rural roads, and to faithfully observe the 881
provisions hereof. 882
SECTION 26. Section 31-5-25, Mississippi Code of 1972, is 883
brought forward as follows: 884
31-5-25. (1) All sums due contractors under all public 885
construction contracts shall be paid as follows: 886
(a) Partial, progress or interim payments: All 887
partial, progress or interim payments or monies owed contractors 888
shall be paid when due and payable under the terms of the 889
contract. If they are not paid within forty-five (45) calendar 890
days from the day they were due and payable, then they shall bear 891
interest from the due date until paid at the rate of one percent 892
(1%) per month until fully paid. 893
(b) Final payments: The final payment of all monies 894
owed contractors shall be due and payable: 895
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(i) At the completion of the project or after the 896
work has been substantially completed in accordance with the terms 897
and provisions of the contract; 898
(ii) When the owner beneficially uses or occupies 899
the project except in the case where the project involves 900
renovation or alteration to an existing facility in which the 901
owner maintains beneficial use or occupancy during the course of 902
the project; 903
(iii) When the project is certified as having been 904
completed by the architect or engineer authorized to make such 905
certification; or 906
(iv) When the project is certified as having been 907
completed by the contracting authority representing the State of 908
Mississippi or any of its political subdivisions, whichever event 909
shall first occur. 910
If the contractor is not paid in full within forty-five (45) 911
calendar days from the first occurrence of one (1) of the 912
above-mentioned events, then said final payment shall bear 913
interest from the date of said first occurrence at the rate of one 914
percent (1%) per month until fully paid. 915
In no event shall said final payment due the contractor be 916
made until the consent of the contractor's surety has been 917
obtained in writing and delivered to the proper contracting 918
authority. 919
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(c) Contracts for the construction of prison facilities 920
let or approved by the State Prison Emergency Construction and 921
Management Board when exercising its emergency powers to remove 922
two thousand (2,000) inmates from county jails are exempt from 923
this section; however, this exemption does not apply to contracts 924
for the construction of private correctional facilities and 925
additional facilities at the South Mississippi Correctional 926
Institution and the Central Mississippi Correctional Facility. 927
This paragraph shall stand repealed from and after July 1, 1996. 928
(2) Contractors shall submit monthly certification to the 929
project engineer or architect indicating payments to 930
subcontractors on prior payment request. 931
SECTION 27. Section 31-5-27, Mississippi Code of 1972, is 932
brought forward as follows: 933
31-5-27. When a contractor receives any payment under a 934
public construction contract, the contractor shall, upon receipt 935
of that payment, pay each subcontractor and material supplier in 936
proportion to the percentage of work completed by each 937
subcontractor and material supplier. If for any reason the 938
contractor receives less than the full payment due under the 939
public construction contract, the contractor shall be obligated to 940
disburse on a pro rata basis those funds received, with the 941
contractor, subcontractors and material suppliers each receiving a 942
prorated portion based on the amount due on the payment. If the 943
contractor without reasonable cause fails to make any payment to 944
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his subcontractors and material suppliers within fifteen (15) days 945
after the receipt of payment under the public construction 946
contract, the contractor shall pay to his subcontractors and 947
material suppliers, in addition to the payment due them, a penalty 948
in the amount of one-half of one percent (1/2 of 1%) per day of 949
the delinquency, calculated from the expiration of the fifteen-day 950
period until fully paid. The total penalty shall not exceed 951
fifteen percent (15%) of the outstanding balance due. 952
SECTION 28. Section 31-5-29, Mississippi Code of 1972, is 953
brought forward as follows: 954
31-5-29. Sections 31-5-25 and 31-5-27, shall apply as to all 955
public construction contracts entered into by all state agencies, 956
commissions, boards and districts and by all municipalities, 957
counties and other political subdivisions of the State of 958
Mississippi. 959
SECTION 29. Section 31-5-31, Mississippi Code of 1972, is 960
brought forward as follows: 961
31-5-31. Any person, firm or corporation who leases, rents 962
or sells to any subcontractor any equipment to be used in a road 963
construction contract, wherein a performance and payment bond is 964
required of the general contractor, shall notify the general 965
contractor involved in such contract that credit is being extended 966
by them to the subcontractor and stating the terms of the credit 967
agreement. In the event the subcontractor does not meet his 968
payment obligations as set forth in the credit agreement, the 969
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creditor shall notify the general contractor of the nonpayment 970
within thirty (30) days after such payment is due. The creditor 971
shall notify the general contractor upon receipt of any payment 972
which had been reported as past due. 973
Failure of the creditor to comply with the nonpayment notice 974
provision of this section shall void the terms of the general 975
contractor's performance and payment bond as to such creditor for 976
such equipment leased, rented or sold. 977
SECTION 30. Section 31-5-33, Mississippi Code of 1972, is 978
brought forward as follows: 979
31-5-33. (1) In any contract for the construction, repair, 980
alteration or demolition of any building, structure or facility 981
awarded by the State of Mississippi, or any agency, unit or 982
department of the State of Mississippi, or by any political 983
subdivision thereof, which contract provides for progress payments 984
in installments based upon an estimated percentage of completion 985
with a percentage of the contract proceeds to be retained by the 986
state agency, unit or department, or by the political subdivision 987
or contractor pending completion of the contract, such retainage 988
shall be five percent (5%), and the amount retained by the prime 989
contractor from each payment due the subcontractor shall not 990
exceed the percentage withheld by the state, or any agency, unit 991
or department of the state, or by any political subdivision 992
thereof, from the prime contractor. For the purposes of this 993
section and Section 31-5-15, the term "retainage" means that 994
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money, or other security as agreed to by the parties to a 995
construction contract, earned by the contractor, subcontractor or 996
lower-tier sub-subcontractor or supplier, as the case may be, for 997
work properly performed or materials suitably stored if payment 998
for stored materials is provided for in the contract, which has 999
been retained by the owner conditioned on final completion and 1000
acceptance of all work in connection with a project or projects by 1001
the contractor, subcontractor or lower-tier sub-subcontractor or 1002
supplier. 1003
On any contract as described herein, of which the total 1004
amount is Two Hundred Fifty Thousand Dollars ($250,000.00) or 1005
greater, or on any contract with a subcontractor, regardless of 1006
amount, five percent (5%) shall be retained until the work is at 1007
least fifty percent (50%) complete, on schedule and satisfactory 1008
in the architect's and/or engineer's opinion, at which time fifty 1009
percent (50%) of the retainage held to date shall be returned to 1010
the prime contractor for distribution to the appropriate 1011
subcontractors and suppliers. Provided, however, that future 1012
retainage shall be withheld at the rate of two and one-half 1013
percent (2-1/2%). 1014
(2) The provisions of this section shall not apply to 1015
contracts let by the Mississippi Transportation Commission for the 1016
construction, improvement or maintenance of roads and bridges. 1017
SECTION 31. Section 31-5-35, Mississippi Code of 1972, is 1018
brought forward as follows: 1019
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31-5-35. No state, county, or municipal employee, and no 1020
person acting or purporting to act on behalf of such employee, or 1021
any state, county or municipal agency, shall, with respect to any 1022
public building or construction contract which is about to be or 1023
which has been competitively bid or negotiated, require the bidder 1024
to make application to or furnish financial data to, or to obtain 1025
or procure any of the surety bonds, or surety bond components of 1026
wrap-up insurance, that is specified in connection with such 1027
contract or specified by any law, from any particular insurance or 1028
surety company, agent or broker. 1029
SECTION 32. Section 31-5-37, Mississippi Code of 1972, is 1030
brought forward as follows: 1031
31-5-37. (1) All public works projects utilizing funds 1032
received by state or local governmental entities resulting from a 1033
federally declared disaster or a spill of national significance, 1034
including damages, penalties, fines or supplemental projects paid 1035
or financed by responsible parties pursuant to a court order, 1036
negotiated settlement, or other instrument, including under any 1037
law distributing such fines and penalties including the federal 1038
Resources and Ecosystems Sustainability, Tourist Opportunities and 1039
Revived Economy of the Gulf Coast Act of 2011 (R.E.S.T.O.R.E.), 1040
the Oil Pollution Act of 1990 or the Federal Water Pollution 1041
Control Act or similar legislation, shall be subject to the hiring 1042
policies established by this section. 1043
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(2) Contractors submitting bids for public works projects 1044
that involve an expenditure of Five Thousand Dollars ($5,000.00) 1045
or more and that are financed, in whole or in part, through the 1046
use of funds described in subsection (1) of this section shall 1047
submit with their bid a certification that they will comply with 1048
the provisions of this section if they are awarded a contract. 1049
The contractor shall submit to the agency or governing authority 1050
that solicited the bid and the Mississippi Department of 1051
Employment Security an employment plan within seven (7) days after 1052
the award of the contract which shall include the following: 1053
(a) The types of jobs involved in the public works 1054
project; 1055
(b) The skill level of the jobs involved in the 1056
project; 1057
(c) Wage information on the jobs involved in the 1058
project; 1059
(d) The number of vacant positions that the contractor 1060
and any subcontractor needs to fill; 1061
(e) How the contractor and any subcontractor will 1062
recruit, low-wage and unemployed individuals for job vacancies; 1063
(f) Such other information as may be required by the 1064
Mississippi Department of Employment Security; and 1065
(g) Proof of registration with the Mississippi 1066
Department of Employment Security for taxation in accordance with 1067
the provisions of Title 71. 1068
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(3) From the date written notice of the contract award is 1069
received and until ten (10) business days after the receipt of the 1070
employment plan by the Mississippi Department of Employment 1071
Security, the contractor and any subcontractor shall not hire any 1072
personnel to fill vacant positions necessary for the public works 1073
project except residents of the State of Mississippi who are to be 1074
verified by the Mississippi Department of Employment Security 1075
and/or those qualified individuals who are submitted by the 1076
Mississippi Department of Employment Security. For purposes of 1077
this subsection, the contractor or subcontractor is authorized to 1078
employ Mississippi residents to begin work immediately, and such 1079
persons are to be verified by the Mississippi Department of 1080
Employment Security after employment by the contractor or 1081
subcontractor. During the ten-day period the Mississippi 1082
Department of Employment Security shall submit qualified 1083
individuals to the contractor to consider for the vacant 1084
positions. The contractor shall review the individuals submitted 1085
by the department before hiring individuals who are not submitted 1086
by the department. The contract award shall be vacated if the 1087
contractor fails to comply with the provisions of this subsection. 1088
SECTION 33. Section 31-5-39, Mississippi Code of 1972, is 1089
brought forward as follows: 1090
31-5-39. On or before the date and time established to 1091
receive bids for any contract related to the construction of any 1092
building, highway, road, bridge or other public work or 1093
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improvement by the State of Mississippi, its agencies, 1094
departments, institutions, or instrumentalities of the state or 1095
political subdivisions of the state, such entity shall establish a 1096
cost estimate for the project. The cost estimate shall reflect 1097
the total amount of funds allocated to the project, including the 1098
specific amount allocated for construction. Additional funds may 1099
be allocated to a project at any time, including for purposes of 1100
awarding a contract to the lowest and best bidder. Additional 1101
funds may not be allocated after the date and time established for 1102
the receipt of bids for the purpose of increasing negotiation 1103
authority. 1104
SECTION 34. Section 31-5-41, Mississippi Code of 1972, is 1105
brought forward as follows: 1106
31-5-41. With respect to all public or private contracts or 1107
agreements, for the construction, alteration, repair or 1108
maintenance of buildings, structures, highway bridges, viaducts, 1109
water, sewer or gas distribution systems, or other work dealing 1110
with construction, or for any moving, demolition or excavation 1111
connected therewith, every covenant, promise and/or agreement 1112
contained therein to indemnify or hold harmless another person 1113
from that person's own negligence is void as against public policy 1114
and wholly unenforceable. 1115
This section does not apply to construction bonds or 1116
insurance contracts or agreements. 1117
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SECTION 35. Section 31-5-51, Mississippi Code of 1972, is 1118
brought forward as follows: 1119
31-5-51. (1) Any person entering into a formal contract 1120
with the state or any county, city or political subdivision 1121
thereof, or other public authority for the construction, 1122
alteration or repair of any public building or public work, before 1123
entering into such contract, shall furnish to such public body, 1124
except as provided in subsection (5) of this section, bonds with 1125
good and sufficient surety as follows: 1126
(a) A performance bond payable to, in favor of or for 1127
the protection of such public body, as owner, for the work to be 1128
done in an amount not less than the amount of the contract, 1129
conditioned for the full and faithful performance of the contract; 1130
(b) A payment bond payable to such public body but 1131
conditioned for the prompt payment of all persons supplying labor 1132
or material used in the prosecution of the work under said 1133
contract, for the use of each such person, in an amount not less 1134
than the amount of the contract; and 1135
(c) The bonds herein provided for may be made by any 1136
surety company which is authorized to do business in the State of 1137
Mississippi and listed on the United States Treasury Department's 1138
list of acceptable sureties, or such bonds may be guaranteed by a 1139
personal surety as provided for herein. The personal surety shall 1140
deposit with the State Treasurer cash or certificates of deposit 1141
in an amount not less than the amount of the contract, and the 1142
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State Treasurer shall hold same in trust and on deposit for the 1143
benefit of the public body that is a party to the contract 1144
providing for the construction, alteration or repair of the public 1145
building or for the public work. 1146
(2) Every person who has furnished labor or material used in 1147
the prosecution of the work provided for in such contract, in 1148
respect of which a payment bond is furnished and who has not been 1149
paid in full therefor before the expiration of a period of ninety 1150
(90) days after the date on which the last of the labor was 1151
performed by him or the last of the materials was furnished by him 1152
and for which such claim is made, provided the same has been 1153
approved, where required, by the public authority or its architect 1154
or engineers, or such approval is being withheld as a result of 1155
unreasonable acts of the contractor, shall have the right to sue 1156
on such payment bond for the amount, or the balance thereof that 1157
is due and payable, but unpaid at the time of institution of such 1158
suit and to prosecute said action to final execution and judgment. 1159
Notwithstanding anything to the contrary contained herein, if the 1160
amount claimed in such action is subject to contractual provisions 1161
or conditions, between the parties involved in such action, the 1162
action shall be abated pending the performance of such provisions 1163
and the fulfillment of such conditions. 1164
(3) Any person having direct contractual relationship with a 1165
subcontractor but no contractual relationship express or implied 1166
with the contractor furnishing said payment bond shall have a 1167
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right of action upon the said payment bond upon giving written 1168
notice to said contractor within ninety (90) days from the date on 1169
which such person did or performed the last of the labor or 1170
furnished or supplied the last of the material for which such 1171
claim is made, stating with substantial accuracy the amount 1172
claimed and the name of the party to whom the material was 1173
furnished or supplied or for whom the labor was done or performed. 1174
Such notice shall be given in writing by the claimant to the 1175
contractor or surety at any place where the contractor or surety 1176
maintains an office or conducts business. Such notice may be 1177
personally delivered by the claimant to the contractor or surety, 1178
or it may be mailed by certified mail, return receipt requested, 1179
postage prepaid, to the contractor or surety. No such action may 1180
be maintained by any person not having a direct contractual 1181
relationship with the contractor-principal, unless the notice 1182
required by this section shall have been given. 1183
(4) The only persons protected by such payment bond, subject 1184
to the notice provisions of this section are: 1185
(a) Subcontractors and material suppliers of the 1186
contractor; 1187
(b) Sub-subcontractors and material suppliers of those 1188
subcontractors named in subsection (4)(a) of this section; and 1189
(c) Laborers who have performed work on the project 1190
site. 1191
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(5) Whenever a contract is less than Twenty-five Thousand 1192
Dollars ($25,000.00) the owners may elect to make a lump sum 1193
payment at the completion of the job. Lump sum payments will not 1194
be made until completion and acceptance by the governing agency. 1195
In such a case a performance bond or payment bond will not be 1196
required. 1197
(6) Except as otherwise provided in subsection (1)(c) for a 1198
personal surety, no surety or surety company shall be allowed to 1199
guarantee or write bonds for the benefit of the public body that 1200
is a party to a contract providing for the construction, 1201
alteration or repair of a public building or for public work, 1202
unless that surety is listed on the United States Treasury 1203
Department's list of acceptable sureties. If the surety is not 1204
listed on the United States Treasury Department's list of 1205
acceptable sureties, the public body for which the public work is 1206
being performed shall be liable to the extent that the surety 1207
would be liable. 1208
(7) Any person entering into a formal contract with the 1209
state which exceeds Five Thousand Dollars ($5,000.00), or with a 1210
county, city or other public authority which exceeds Twenty-five 1211
Thousand dollars ($25,000.00), for the construction, alteration or 1212
repair of any public building or public work, before entering into 1213
such contract, shall furnish to the public body proof of general 1214
liability insurance coverage in an amount not less than One 1215
Million Dollars ($1,000,000.00) for bodily injury and property 1216
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damage. Exempted from the provisions of this subsection are any 1217
persons who enter into a contract with the Mississippi Department 1218
of Rehabilitation Services for the construction, alteration or 1219
repair of the home of a disabled individual who has been 1220
determined eligible for services by the Mississippi Department of 1221
Rehabilitation Services. 1222
SECTION 36. Section 31-5-52, Mississippi Code of 1972, is 1223
brought forward as follows: 1224
31-5-52. The use of either the design-build method of 1225
project delivery as provided in Section 31-7-13.1 or the 1226
construction manager at risk method of project delivery as 1227
provided in Section 31-7-13.2 must comply with the provisions of 1228
Section 31-5-51. 1229
SECTION 37. Section 31-5-53, Mississippi Code of 1972, is 1230
brought forward as follows: 1231
31-5-53. (a) When suit is instituted on a performance bond 1232
given in accordance with this chapter, it shall be commenced 1233
within one (1) year after the obligee shall have made final 1234
payment on the contract; provided, however, if the contract is 1235
abandoned by the general contractor as bond principal or is 1236
terminated by the bond obligee, suit shall be commenced within one 1237
(1) year after the earlier of the abandonment by the bond 1238
principal or termination by the bond obligee. 1239
(b) When suit is instituted on a payment bond given in 1240
accordance with this chapter, it shall be commenced within one (1) 1241
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year after the day on which the last of the labor was performed or 1242
material was supplied by the person bringing the action and not 1243
later. 1244
(c) Any suit brought on a performance or payment bond given 1245
in accordance with this chapter shall be brought in the county in 1246
which the contract or some part thereof was performed or in the 1247
county in which service of process may be obtained upon either the 1248
principal or the surety on such bond. 1249
SECTION 38. Section 31-5-55, Mississippi Code of 1972, is 1250
brought forward as follows: 1251
31-5-55. Any person supplying labor or materials for the 1252
prosecution of the work shall, upon request to the owner or 1253
obligee, or to the contractor or principal, be furnished promptly 1254
with a true and correct copy of the contract and bonds within 1255
thirty (30) days of the request or the recipient of the request 1256
shall thereafter become liable for reasonable attorney's fees and 1257
costs in any subsequent action under this section. The written 1258
request may be evidenced by any reliable means of delivery. 1259
SECTION 39. Section 31-5-57, Mississippi Code of 1972, is 1260
brought forward as follows: 1261
31-5-57. Whenever any person supplying labor or material in 1262
the prosecution of the work brings an action on such payment bond 1263
and the trial judge finds that the defense raised to such action 1264
by the contractor or surety was not reasonable, or not in good 1265
faith, or merely for the purpose of delaying payment, then the 1266
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trial judge may, in his discretion, award the claimant a 1267
reasonable amount to be determined by the trial judge as 1268
claimant's attorney's fees in bringing such successful action. 1269
Likewise, if the trial judge finds that such action was brought by 1270
claimant without just cause or in bad faith, the trial judge may, 1271
in his discretion, award the contractor or surety a reasonable 1272
amount to be determined by the trial judge as attorney's fees for 1273
defending such action; provided, however, this section shall not 1274
affect the right of any person to recover attorney's fees where 1275
provided by contract or bond. 1276
SECTION 40. Section 31-7-1, Mississippi Code of 1972, is 1277
brought forward as follows: 1278
31-7-1. The following terms are defined for the purposes of 1279
this chapter to have the following meanings: 1280
(a) "Agency" means any state board, commission, 1281
committee, council, university, department or unit thereof created 1282
by the Constitution or statutes if such board, commission, 1283
committee, council, university, department, unit or the head 1284
thereof is authorized to appoint subordinate staff by the 1285
Constitution or statute, except a legislative or judicial board, 1286
commission, committee, council, department or unit thereof; except 1287
a charter school authorized by the Mississippi Charter School 1288
Authorizer Board; and except the Mississippi State Port Authority; 1289
except the Mississippi School of the Arts (MSA) established in 1290
Section 37-140-1 et seq. for the sole purpose of the application 1291
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of the term "agency" as it pertains to the Public Procurement 1292
Review Board's powers and responsibilities as defined in Section 1293
27-104-7(2)(a), but without application to the use of the term 1294
within this chapter, effective July 1, 2020; and except the 1295
Mississippi School for the Blind and the Mississippi School for 1296
the Deaf (MSBD) for the sole purpose of the application of the 1297
term "agency" as it pertains to the Public Procurement Review 1298
Board's powers and responsibilities as defined in Section 1299
27-104-7(2)(a), but without application to the use of the term 1300
within this chapter, effective July 1, 2021. An academic medical 1301
center or health sciences school as defined in Section 37-115-50 1302
is not an "agency" for those purchases of commodities as defined 1303
in this section that are used for clinical purposes and (i) 1304
intended for use in the diagnosis of disease or other conditions 1305
or in the cure, mitigation, treatment or prevention of disease, 1306
and (ii) medical devices, biological, drugs and radiation emitting 1307
devices as defined by the United States Food and Drug 1308
Administration. 1309
(b) "Governing authority" means boards of supervisors, 1310
governing boards of all school districts, all boards of directors 1311
of public water supply districts, boards of directors of master 1312
public water supply districts, municipal public utility 1313
commissions, governing authorities of all municipalities, port 1314
authorities, Mississippi State Port Authority, commissioners and 1315
boards of trustees of any public hospitals, boards of trustees of 1316
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public library systems, district attorneys, school attendance 1317
officers and any political subdivision of the state supported 1318
wholly or in part by public funds of the state or political 1319
subdivisions thereof, including commissions, boards and agencies 1320
created or operated under the authority of any county or 1321
municipality of this state. The term "governing authority" shall 1322
not include economic development authorities supported in part by 1323
private funds, or commissions appointed to hold title to and 1324
oversee the development and management of lands and buildings 1325
which are donated by private individuals to the public for the use 1326
and benefit of the community and which are supported in part by 1327
private funds. The term "governing authority" also shall not 1328
include the governing board of a charter school. The term 1329
"governing authority" also shall not include the Mississippi 1330
School of the Arts established in Section 37-140-1 et seq., for 1331
the sole purpose of the application of the term "agency" as it 1332
pertains to the Public Procurement Review Board's powers and 1333
responsibilities as defined in Section 27-104-7(2)(a), but without 1334
application to the use of the term within this chapter, effective 1335
July 1, 2020. The term "governing authority" also shall not 1336
include the Mississippi School for the Blind and the Mississippi 1337
School for the Deaf (MSBD) for the sole purpose of the application 1338
of the term "governing authority" as it pertains to the Public 1339
Procurement Review Board's powers and responsibilities as defined 1340
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in Section 27-104-7(2)(a), but without application to the use of 1341
the term within this chapter, effective July 1, 2021. 1342
(c) "Purchasing agent" means any administrator, 1343
superintendent, purchase clerk or other chief officer so 1344
designated having general or special authority to negotiate for 1345
and make private contract for or purchase for any governing 1346
authority or agency, including issue purchase orders, invitations 1347
for bid, requests for proposals, and receive and accept bids. 1348
(d) "Public funds" means and includes any appropriated 1349
funds, special funds, fees or any other emoluments received by an 1350
agency or governing authority. 1351
(e) "Commodities" means and includes the various 1352
commodities, goods, merchandise, furniture, equipment, automotive 1353
equipment of every kind, and other personal property purchased by 1354
the agencies of the state and governing authorities, but not 1355
commodities purchased for resale or raw materials converted into 1356
products for resale. 1357
(i) "Equipment" shall be construed to include: 1358
automobiles, trucks, tractors, office appliances and all other 1359
equipment of every kind and description. 1360
(ii) "Furniture" shall be construed to include: 1361
desks, chairs, tables, seats, filing cabinets, bookcases and all 1362
other items of a similar nature as well as dormitory furniture, 1363
appliances, carpets and all other items of personal property 1364
generally referred to as home, office or school furniture. 1365
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(f) "Emergency" means any circumstances caused by fire, 1366
flood, explosion, storm, earthquake, epidemic, riot, insurrection 1367
or caused by any inherent defect due to defective construction, or 1368
when the immediate preservation of order or of public health is 1369
necessary by reason of unforeseen emergency, or when the immediate 1370
restoration of a condition of usefulness of any public building, 1371
equipment, road or bridge appears advisable, or in the case of a 1372
public utility when there is a failure of any machine or other 1373
thing used and useful in the generation, production or 1374
distribution of electricity, water or natural gas, or in the 1375
transportation or treatment of sewage; or when the delay incident 1376
to obtaining competitive bids could cause adverse impact upon the 1377
governing authorities or agency, its employees or its citizens; or 1378
in the case of a public airport, when the delay incident to 1379
publishing an advertisement for competitive bids would endanger 1380
public safety in a specific (not general) manner, result in or 1381
perpetuate a specific breach of airport security, or prevent the 1382
airport from providing specific air transportation services. 1383
(g) "Construction" means the process of building, 1384
altering, improving, renovating or demolishing a public structure, 1385
public building, or other public real property. It does not 1386
include routine operation, routine repair or regularly scheduled 1387
maintenance of existing public structures, public buildings or 1388
other public real property. 1389
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(h) "Purchase" means buying, renting, leasing or 1390
otherwise acquiring. 1391
(i) "Certified purchasing office" means any purchasing 1392
office in which fifty percent (50%) or more of the purchasing 1393
agents hold a certification from the Universal Public Purchasing 1394
Certification Council or other nationally recognized purchasing 1395
certification, and in which, in the case of a state agency 1396
purchasing office, in addition to the national certification, one 1397
hundred percent (100%) of the purchasing officials hold a 1398
certification from the State of Mississippi's Basic or Advanced 1399
Purchasing Certification Program. 1400
(j) "Certified Mississippi Purchasing Agent" means a 1401
state agency purchasing official who holds a certification from 1402
the Mississippi Basic Purchasing Certification Program as 1403
established by the Office of Purchasing, Travel and Fleet 1404
Management. 1405
(k) "Certified Mississippi Procurement Manager" means a 1406
state agency purchasing official who holds a certification from 1407
the Mississippi Advanced Purchasing Certification Program as 1408
established by the Office of Purchasing, Travel and Fleet 1409
Management. 1410
SECTION 41. Section 31-7-3, Mississippi Code of 1972, is 1411
brought forward as follows: 1412
31-7-3. The Department of Finance and Administration shall 1413
administer the provisions of this chapter. 1414
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The purposes or aims of the Department of Finance and 1415
Administration in carrying out said provisions shall be to 1416
coordinate and promote efficiency and economy in the purchase of 1417
commodities by the agencies of the state. 1418
SECTION 42. Section 31-7-5, Mississippi Code of 1972, is 1419
brought forward as follows: 1420
31-7-5. The Department of Finance and Administration shall 1421
prescribe rules and regulations governing the manner in which the 1422
authority and duties granted to it by law may be carried out. It 1423
shall employ suitable and competent personnel, necessary to carry 1424
out its purposes. The Department of Finance and Administration 1425
may establish an Office of Purchasing, Travel and Fleet Management 1426
and employ a competent person as Director of the Office of 1427
Purchasing, Travel and Fleet Management who shall be nonstate 1428
service and paid a salary as determined by the Executive Director 1429
of the Department of Finance and Administration with the approval 1430
of the State Personnel Board. 1431
SECTION 43. Section 31-7-7, Mississippi Code of 1972, is 1432
brought forward as follows: 1433
31-7-7. Through its director and other supervisory personnel 1434
and, upon its request, through the agencies of the state, the 1435
Office of General Services shall supervise the performance of the 1436
following duties imposed upon it by this chapter: 1437
(a) A study of the purchases of commodities by the 1438
agencies of the state; the compilation, exchange and coordination 1439
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of information concerning same; and the distribution of such 1440
information to the agencies and governing authorities requesting 1441
same. 1442
(b) The planning and coordination of purchases in 1443
volume for the agencies in order to take advantage of and secure 1444
the economies possible by volume purchasing; the arrangement of 1445
agreements between agencies and between governing authorities 1446
whereby one may make a purchase or purchases for the other or 1447
whereby an agency may make a purchase for a governing authority; 1448
the arrangement of agreements whereby purchases of commodities can 1449
be made between an agency and another agency or governing 1450
authority at a fair price, less depreciated value; the 1451
negotiations and execution of purchasing agreements and contracts 1452
through and under which the Office of General Services may require 1453
state agencies to purchase; and the obtaining or establishment of 1454
methods for obtaining of competitive bid prices upon which any 1455
agency of the state may purchase at the price approved by the 1456
Office of General Services. 1457
(c) The arrangement of provisions in purchase contracts 1458
of the state, or any agency, providing that the same price for 1459
which a commodity is available to an agency, may also, during the 1460
period of time provided therein, be available to any governing 1461
authority. 1462
SECTION 44. Section 31-7-9, Mississippi Code of 1972, is 1463
brought forward as follows: 1464
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31-7-9. (1) (a) The Office of Purchasing, Travel and Fleet 1465
Management shall adopt purchasing regulations governing the 1466
purchase by any agency of any commodity or commodities and 1467
establishing standards and specifications for a commodity or 1468
commodities and the maximum fair prices of a commodity or 1469
commodities, subject to the approval of the Public Procurement 1470
Review Board. It shall have the power to amend, add to or 1471
eliminate purchasing regulations. The adoption of, amendment, 1472
addition to or elimination of purchasing regulations shall be 1473
based upon a determination by the Office of Purchasing, Travel and 1474
Fleet Management with the approval of the Public Procurement 1475
Review Board, that such action is reasonable and practicable and 1476
advantageous to promote efficiency and economy in the purchase of 1477
commodities by the agencies of the state. Upon the adoption of 1478
any purchasing regulation, or an amendment, addition or 1479
elimination therein, copies of same shall be furnished to the 1480
State Auditor and to all agencies affected thereby. Thereafter, 1481
and except as otherwise may be provided in subsection (2) of this 1482
section, no agency of the state shall purchase any commodities 1483
covered by existing purchasing regulations unless such commodities 1484
be in conformity with the standards and specifications set forth 1485
in the purchasing regulations and unless the price thereof does 1486
not exceed the maximum fair price established by such purchasing 1487
regulations. The Office of Purchasing, Travel and Fleet 1488
Management shall furnish to any county or municipality or other 1489
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local public agency of the state requesting same, copies of 1490
purchasing regulations adopted by the Office of Purchasing, Travel 1491
and Fleet Management and any amendments, changes or eliminations 1492
of same that may be made from time to time. 1493
(b) The Office of Purchasing, Travel and Fleet 1494
Management may adopt purchasing regulations governing the use of 1495
credit cards, procurement cards and purchasing club membership 1496
cards to be used by state agencies, governing authorities of 1497
counties and municipalities, school districts and the Chickasawhay 1498
Natural Gas District. Use of the cards shall be in strict 1499
compliance with the regulations promulgated by the office. Any 1500
amounts due on the cards shall incur interest charges as set forth 1501
in Section 31-7-305 and shall not be considered debt. 1502
(c) Pursuant to the provision of Section 37-61-33(2), 1503
the Office of Purchasing, Travel and Fleet Management of the 1504
Department of Finance and Administration is authorized to issue 1505
procurement cards or credentials for a digital solution to all 1506
public school district classroom teachers, charter school 1507
teachers, full- or part-time gifted or special education teachers 1508
and other necessary direct support personnel at the beginning of 1509
the school year, but no later than August 1 of each year, for the 1510
purchase of instructional supplies using Educational Enhancement 1511
Funds. The cards will be issued in equal amounts per teacher 1512
determined by the total number of qualifying personnel and the 1513
then current state appropriation for classroom instructional 1514
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supplies under the Education Enhancement Fund. All purchases 1515
shall be in accordance with state law and teachers are responsible 1516
for verification of capital asset requirements when pooling monies 1517
to purchase equipment. The cards will expire on a predetermined 1518
date at the end of each school year, but not before April 1 of 1519
each year. All unexpended amounts will be carried forward, to be 1520
combined with the following year's instructional supply fund 1521
allocation, and reallocated for the following year. The 1522
Department of Finance and Administration is authorized to loan any 1523
start-up funds at the beginning of the school year to fund this 1524
procurement system for instructional supplies with loan repayment 1525
being made from sales tax receipts earmarked for the Education 1526
Enhancement Fund. 1527
(d) In a sale of goods or services, the seller shall 1528
not impose a surcharge on a buyer who uses a state-issued credit 1529
card, procurement card, travel card, or fuel card. The Department 1530
of Finance and Administration shall have exclusive jurisdiction to 1531
enforce and adopt rules relating to this paragraph. Any rules 1532
adopted under this paragraph shall be consistent with federal laws 1533
and regulations governing credit card transactions described by 1534
this paragraph. This paragraph does not create a cause of action 1535
against an individual for a violation of this paragraph. 1536
(2) The Office of Purchasing, Travel and Fleet Management 1537
shall adopt, subject to the approval of the Public Procurement 1538
Review Board, purchasing regulations governing the purchase of 1539
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unmarked vehicles to be used by the Bureau of Narcotics and 1540
Department of Public Safety in official investigations pursuant to 1541
Section 25-1-87. Such regulations shall ensure that purchases of 1542
such vehicles shall be at a fair price and shall take into 1543
consideration the peculiar needs of the Bureau of Narcotics and 1544
Department of Public Safety in undercover operations. 1545
(3) The Office of Purchasing, Travel and Fleet Management 1546
shall adopt, subject to the approval of the Public Procurement 1547
Review Board, regulations governing the certification process for 1548
certified purchasing offices, including the Mississippi Purchasing 1549
Certification Program, which shall be required of all purchasing 1550
agents at state agencies. Such regulations shall require entities 1551
desiring to be classified as certified purchasing offices to 1552
submit applications and applicable documents on an annual basis, 1553
and in the case of a state agency purchasing office, to have one 1554
hundred percent (100%) participation and completion by purchasing 1555
agents in the Mississippi Purchasing Certification Program, at 1556
which time the Office of Purchasing, Travel and Fleet Management 1557
may provide the governing entity with a certification valid for 1558
one (1) year from the date of issuance. The Office of Purchasing, 1559
Travel and Fleet Management shall set a fee in an amount that 1560
recovers its costs to administer the Mississippi Purchasing 1561
Certification Program, which shall be assessed to the 1562
participating state agencies. 1563
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(4) The Office of Purchasing, Travel and Fleet Management 1564
shall adopt purchasing regulations authorizing rural water 1565
associations to purchase at the state contract price afforded to 1566
agencies and governing authorities under this chapter. 1567
SECTION 45. Section 31-7-10, Mississippi Code of 1972, is 1568
brought forward as follows: 1569
31-7-10. (1) For the purposes of this section, the term 1570
"equipment" shall mean equipment, furniture, and if applicable, 1571
associated software and other applicable direct costs associated 1572
with the acquisition. In addition to its other powers and duties, 1573
the Department of Finance and Administration shall have the 1574
authority to develop a master lease-purchase program and, pursuant 1575
to that program, shall have the authority to execute on behalf of 1576
the state master lease-purchase agreements for equipment to be 1577
used by an agency, as provided in this section. Each agency 1578
electing to acquire equipment by a lease-purchase agreement shall 1579
participate in the Department of Finance and Administration's 1580
master lease-purchase program, unless the Department of Finance 1581
and Administration makes a determination that such equipment 1582
cannot be obtained under the program or unless the equipment can 1583
be obtained elsewhere at an overall cost lower than that for which 1584
the equipment can be obtained under the program. Such 1585
lease-purchase agreements may include the refinancing or 1586
consolidation, or both, of any state agency lease-purchase 1587
agreements entered into after June 30, 1990. 1588
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(2) All funds designated by agencies for procurement of 1589
equipment and financing thereof under the master lease-purchase 1590
program shall be paid into a special fund created in the State 1591
Treasury known as the "Master Lease-Purchase Program Fund," which 1592
shall be used by the Department of Finance and Administration for 1593
payment to the lessors for equipment acquired under master 1594
lease-purchase agreements. 1595
(3) Upon final approval of an appropriation bill, each 1596
agency shall submit to the Public Procurement Review Board a 1597
schedule of proposed equipment acquisitions for the master 1598
lease-purchase program. Upon approval of an equipment schedule by 1599
the Public Procurement Review Board with the advice of the 1600
Department of Information Technology Services, the Office of 1601
Purchasing, Travel and Fleet Management, and the Division of 1602
Energy and Transportation of the Mississippi Development Authority 1603
as it pertains to energy efficient climate control systems, the 1604
Public Procurement Review Board shall forward a copy of the 1605
equipment schedule to the Department of Finance and 1606
Administration. 1607
(4) The level of lease-purchase debt recommended by the 1608
Department of Finance and Administration shall be subject to 1609
approval by the State Bond Commission. After such approval, the 1610
Department of Finance and Administration shall be authorized to 1611
advertise and solicit written competitive proposals for a lessor, 1612
who will purchase the equipment pursuant to bid awards made by the 1613
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using agency under a given category and then transfer the 1614
equipment to the Department of Finance and Administration as 1615
lessee, pursuant to a master lease-purchase agreement. 1616
The Department of Finance and Administration shall select the 1617
successful proposer for the financing of equipment under the 1618
master lease-purchase program with the approval of the State Bond 1619
Commission. 1620
(5) Each master lease-purchase agreement, and any subsequent 1621
amendments, shall include such terms and conditions as the State 1622
Bond Commission shall determine to be appropriate and in the 1623
public interest, and may include any covenants deemed necessary or 1624
desirable to protect the interests of the lessor, including, but 1625
not limited to, provisions setting forth the interest rate (or 1626
method for computing interest rates) for financing pursuant to 1627
such agreement, covenants concerning application of payments and 1628
funds held in the Master Lease-Purchase Program Fund, covenants to 1629
maintain casualty insurance with respect to equipment subject to 1630
the master lease-purchase agreement (and all state agencies are 1631
specifically authorized to purchase any insurance required by a 1632
master lease-purchase agreement) and covenants precluding or 1633
limiting the right of the lessee or user to acquire equipment 1634
within a specified time (not to exceed five (5) years) after 1635
cancellation on the basis of a failure to appropriate funds for 1636
payment of amounts due under a lease-purchase agreement covering 1637
comparable equipment. The State Bond Commission shall transmit 1638
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copies of each such master lease-purchase agreement and each such 1639
amendment to the Joint Legislative Budget Committee. To the 1640
extent provided in any master lease-purchase agreement, title to 1641
equipment leased pursuant thereto shall be deemed to be vested in 1642
the state or the user of the equipment (as specified in such 1643
master lease-purchase agreement), subject to default under or 1644
termination of such master lease-purchase agreement. 1645
A master lease-purchase agreement may provide for payment by 1646
the lessor to the lessee of the purchase price of the equipment to 1647
be acquired pursuant thereto prior to the date on which payment is 1648
due to the vendor for such equipment and that the lease payments 1649
by the lessee shall commence as though the equipment had been 1650
provided on the date of payment. If the lessee, or lessee's 1651
escrow agent, has sufficient funds for payment of equipment 1652
purchases prior to payment due date to vendor of equipment, such 1653
funds shall be held or utilized on an as-needed basis for payment 1654
of equipment purchases either by the State Treasurer (in which 1655
event the master lease-purchase agreement may include provisions 1656
concerning the holding of such funds, the creation of a security 1657
interest for the benefit of the lessor in such funds until 1658
disbursed and other appropriate provisions approved by the Bond 1659
Commission) or by a corporate trustee selected by the Department 1660
of Finance and Administration (in which event the Department of 1661
Finance and Administration shall have the authority to enter into 1662
an agreement with such a corporate trustee containing terms and 1663
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conditions approved by the Bond Commission). Earnings on any 1664
amount paid by the lessor prior to the acquisition of the 1665
equipment may be used to make lease payments under the master 1666
lease-purchase agreement or applied to pay costs and expenses 1667
incurred in connection with such lease-purchase agreement. In 1668
such event, the equipment-use agreements with the user agency may 1669
provide for lease payments to commence upon the date of payment by 1670
the lessor and may also provide for a credit against such payments 1671
to the extent that investment receipts from investment of the 1672
purchase price are to be used to make lease-purchase payments. 1673
(6) The annual rate of interest paid under any 1674
lease-purchase agreement authorized under this section shall not 1675
exceed the maximum interest rate to maturity on general obligation 1676
indebtedness permitted under Section 75-17-101. 1677
(7) The Department of Finance and Administration shall 1678
furnish the equipment to the various agencies, also known as the 1679
user, pursuant to an equipment-use agreement developed by the 1680
Department of Finance and Administration. Such agreements shall 1681
require that all monthly payments due from such agency be paid, 1682
transferred or allocated into the Master Lease-Purchase Program 1683
Fund pursuant to a schedule established by the Department of 1684
Finance and Administration. In the event such sums are not paid 1685
by the defined payment period, the Executive Director of the 1686
Department of Finance and Administration shall issue a requisition 1687
for a warrant to draw such amount as may be due from any funds 1688
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appropriated for the use of the agency which has failed to make 1689
the payment as agreed. 1690
(8) All master lease-purchase agreements executed under the 1691
authority of this section shall contain the following annual 1692
allocation dependency clause or an annual allocation dependency 1693
clause which is substantially equivalent thereto: "The 1694
continuation of each equipment schedule to this agreement is 1695
contingent in whole or in part upon the appropriation of funds by 1696
the Legislature to make the lease-purchase payments required under 1697
such equipment schedule. If the Legislature fails to appropriate 1698
sufficient funds to provide for the continuation of the 1699
lease-purchase payments under any such equipment schedule, then 1700
the obligations of the lessee and of the agency to make such 1701
lease-purchase payments and the corresponding provisions of any 1702
such equipment schedule to this agreement shall terminate on the 1703
last day of the fiscal year for which appropriations were made." 1704
(9) The maximum lease term for any equipment acquired under 1705
the master lease-purchase program shall not exceed the useful life 1706
of such equipment as determined according to the upper limit of 1707
the asset depreciation range (ADR) guidelines for the Class Life 1708
Asset Depreciation Range System established by the Internal 1709
Revenue Service pursuant to the United States Internal Revenue 1710
Code and Regulations thereunder as in effect on December 31, 1980, 1711
or comparable depreciation guidelines with respect to any 1712
equipment not covered by ADR guidelines. The Department of 1713
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Finance and Administration shall be deemed to have met the 1714
requirements of this subsection if the term of a master 1715
lease-purchase agreement does not exceed the weighted average 1716
useful life of all equipment covered by such agreement and the 1717
schedules thereto as determined by the Department of Finance and 1718
Administration. For purposes of this subsection, the "term of a 1719
master lease-purchase agreement" shall be the weighted average 1720
maturity of all principal payments to be made under such master 1721
lease-purchase agreement and all schedules thereto. 1722
(10) Interest paid on any master lease-purchase agreement 1723
under this section shall be exempt from State of Mississippi 1724
income taxation. All equipment, and the purchase thereof by any 1725
lessor, acquired under the master lease-purchase program and all 1726
lease-purchase payments with respect thereto shall be exempt from 1727
all Mississippi sales, use and ad valorem taxes. 1728
(11) The Governor, in his annual executive budget to the 1729
Legislature, shall recommend appropriations sufficient to provide 1730
funds to pay all amounts due and payable during the applicable 1731
fiscal year under master lease-purchase agreements entered into 1732
pursuant to this section. 1733
(12) Any master lease-purchase agreement reciting in 1734
substance that such agreement has been entered into pursuant to 1735
this section shall be conclusively deemed to have been entered 1736
into in accordance with all of the provisions and conditions set 1737
forth in this section. Any defect or irregularity arising with 1738
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respect to procedures applicable to the acquisition of any 1739
equipment shall not invalidate or otherwise limit the obligation 1740
of the Department of Finance and Administration, or the state or 1741
any agency of the state, under any master lease-purchase agreement 1742
or any equipment-use agreement. 1743
(13) There shall be maintained by the Department of Finance 1744
and Administration, with respect to each master lease-purchase 1745
agreement, an itemized statement of the cash price, interest 1746
rates, interest costs, commissions, debt service schedules and all 1747
other costs and expenses paid by the state incident to the 1748
lease-purchase of equipment under such agreement. 1749
(14) Lease-purchase agreements entered into by the Board of 1750
Trustees of State Institutions of Higher Learning pursuant to the 1751
authority of Section 37-101-413 or by any other agency which has 1752
specific statutory authority other than pursuant to Section 1753
31-7-13(e) to acquire equipment by lease-purchase shall not be 1754
made pursuant to the master lease-purchase program under this 1755
section, unless the Board of Trustees of State Institutions of 1756
Higher Learning or such other agency elects to participate as to 1757
part or all of its lease-purchase acquisitions in the master 1758
lease-purchase program pursuant to this section. 1759
(15) The Department of Finance and Administration may 1760
develop a master lease-purchase program for school districts and, 1761
pursuant to that program, may execute on behalf of the school 1762
districts master lease-purchase agreements for equipment to be 1763
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used by the school districts. The form and structure of this 1764
program shall be substantially the same as set forth in this 1765
section for the master lease-purchase program for state agencies. 1766
If sums due from a school district under the master lease-purchase 1767
program are not paid by the expiration of the defined payment 1768
period, the Executive Director of the Department of Finance and 1769
Administration may withhold such amount that is due from the 1770
school district's allotments of the total funding formula funds as 1771
determined by Sections 37-151-200 through 37-151-215. 1772
(16) The Department of Finance and Administration may 1773
develop a master lease-purchase program for community and junior 1774
college districts and, pursuant to that program, may execute on 1775
behalf of the community and junior college districts master 1776
lease-purchase agreements for equipment to be used by the 1777
community and junior college districts. The form and structure of 1778
this program must be substantially the same as set forth in this 1779
section for the master lease-purchase program for state agencies. 1780
If sums due from a community or junior college district under the 1781
master lease-purchase program are not paid by the expiration of 1782
the defined payment period, the Executive Director of the 1783
Department of Finance and Administration may withhold an amount 1784
equal to the amount due under the program from any funds allocated 1785
for that community or junior college district in the state 1786
appropriations for the use and support of the community and junior 1787
colleges. 1788
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(17) From and after July 1, 2016, the expenses of this 1789
agency shall be defrayed by appropriation from the State General 1790
Fund and all user charges and fees authorized under this section 1791
shall be deposited into the State General Fund as authorized by 1792
law. 1793
(18) From and after July 1, 2016, no state agency shall 1794
charge another state agency a fee, assessment, rent or other 1795
charge for services or resources received by authority of this 1796
section. 1797
SECTION 46. Section 31-7-11, Mississippi Code of 1972, is 1798
brought forward as follows: 1799
31-7-11. Each agency of the state shall furnish information 1800
relative to its purchase of commodities, and as to its method of 1801
purchasing such commodities, to the Department of Finance and 1802
Administration annually and at such other times as the Department 1803
of Finance and Administration may request. 1804
The Department of Finance and Administration shall have 1805
supervision over the purchasing and purchasing practices of each 1806
state agency and may by regulation or order correct any practice 1807
that appears contrary to the provisions of this chapter or to the 1808
best interests of the state. If it shall appear that any agency 1809
is not practicing economy in its purchasing or is permitting 1810
favoritism or any improper purchasing practice, the Department of 1811
Finance and Administration shall require that the agency 1812
immediately cease such improper activity, with full and complete 1813
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authority in the Department of Finance and Administration to carry 1814
into effect its directions in such regard. 1815
All purchases, trade-ins, sales or transfer of personal 1816
property made by any officer, board, agency, department or branch 1817
of the state government except the Legislature shall be subject to 1818
the approval of the Department of Finance and Administration. 1819
Such transaction shall be made in accordance with rules and 1820
regulations of the Department of Finance and Administration 1821
relating to the purchase of state-owned motor vehicles and all 1822
other personal property. The title of such property shall remain 1823
in the name of the state. 1824
SECTION 47. Section 31-7-12, Mississippi Code of 1972, is 1825
brought forward as follows: 1826
31-7-12. (1) Except in regard to purchases of unmarked 1827
vehicles made in accordance with purchasing regulations adopted by 1828
the Department of Finance and Administration pursuant to Section 1829
31-7-9(2), all agencies shall purchase commodities at the state 1830
contract price from the approved source, unless approval is 1831
granted by the Department of Finance and Administration to solicit 1832
purchases outside the terms of the contracts. However, prices 1833
accepted by an agency shall be less than the prices set by the 1834
state contract. Prices accepted by an agency shall be obtained in 1835
compliance with paragraph (a), (b) or (c) of Section 31-7-13. It 1836
shall be the responsibility of the Department of Finance and 1837
Administration to ascertain that the resulting prices shall 1838
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provide a cost effective alternative to the established state 1839
contract. 1840
(2) Governing authorities may purchase commodities approved 1841
by the Department of Finance and Administration from the state 1842
contract vendor, or from any source offering the identical 1843
commodity, at a price not exceeding the state contract price 1844
established by the Department of Finance and Administration for 1845
such commodity, without obtaining or advertising for competitive 1846
bids. Governing authorities that do not exercise the option to 1847
purchase such commodities from the state contract vendor or from 1848
another source offering the identical commodity at a price not 1849
exceeding the state contract price established by the Department 1850
of Finance and Administration shall make such purchases pursuant 1851
to the provisions of Section 31-7-13 without regard to state 1852
contract prices established by the Department of Finance and 1853
Administration, unless such purchases are authorized to be made 1854
under subsection (5) of this section. 1855
(3) Nothing in this section shall prohibit governing 1856
authorities from purchasing, pursuant to subsection (2) of this 1857
section, commodities approved by the Department of Finance and 1858
Administration at a price not exceeding the state contract price 1859
established by the Department of Finance and Administration. 1860
(4) The Department of Finance and Administration shall 1861
ensure that the prices of all commodities on the state contract 1862
are the lowest and best prices available from any source offering 1863
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that commodity at the same level of quality or service, utilizing 1864
the reasonable standards established therefor by the Department of 1865
Finance and Administration. If the Department of Finance and 1866
Administration does not list an approved price for the particular 1867
item involved, purchase shall be made according to statutory 1868
bidding and licensing requirements. To encourage prudent 1869
purchasing practices, the Department of Finance and Administration 1870
shall be authorized and empowered to exempt certain commodities 1871
from the requirement that the lowest and best price be approved by 1872
order placed on its minutes. 1873
(5) Any school district may purchase commodities from 1874
vendors with which any levying authority of the school district, 1875
as defined in Section 37-57-1, has contracted through competitive 1876
bidding procedures pursuant to Section 31-7-13 for purchases of 1877
the same commodities. Purchases authorized by this subsection may 1878
be made by a school district without obtaining or advertising for 1879
competitive bids, and such purchases shall be made at the same 1880
prices and under the same conditions as purchases of the same 1881
commodities are to be made by the levying authority of the school 1882
district under the contract with the vendor. 1883
SECTION 48. Section 31-7-13, Mississippi Code of 1972, is 1884
brought forward as follows: 1885
31-7-13. All agencies and governing authorities shall 1886
purchase their commodities and printing; contract for garbage 1887
collection or disposal; contract for solid waste collection or 1888
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disposal; contract for sewage collection or disposal; contract for 1889
public construction; and contract for rentals as herein provided. 1890
(a) Bidding procedure for purchases not over $5,000.00. 1891
Purchases which do not involve an expenditure of more than Five 1892
Thousand Dollars ($5,000.00), exclusive of freight or shipping 1893
charges, may be made without advertising or otherwise requesting 1894
competitive bids. However, nothing contained in this paragraph 1895
(a) shall be construed to prohibit any agency or governing 1896
authority from establishing procedures which require competitive 1897
bids on purchases of Five Thousand Dollars ($5,000.00) or less. 1898
(b) Bidding procedure for purchases over $5,000.00 but 1899
not over $75,000.00. Purchases which involve an expenditure of 1900
more than Five Thousand Dollars ($5,000.00) but not more than 1901
Seventy-five Thousand Dollars ($75,000.00), exclusive of freight 1902
and shipping charges, may be made from the lowest and best bidder 1903
without publishing or posting advertisement for bids, provided at 1904
least two (2) competitive written bids have been obtained. Any 1905
state agency or community or junior college purchasing commodities 1906
or procuring construction pursuant to this paragraph (b) may 1907
authorize its purchasing agent, or his designee, to accept the 1908
lowest competitive written bid under Seventy-five Thousand Dollars 1909
($75,000.00). Any governing authority purchasing commodities 1910
pursuant to this paragraph (b) may authorize its purchasing agent, 1911
or his designee, with regard to governing authorities other than 1912
counties, or its purchase clerk, or his designee, with regard to 1913
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counties, to accept the lowest and best competitive written bid. 1914
Such authorization shall be made in writing by the governing 1915
authority and shall be maintained on file in the primary office of 1916
the agency and recorded in the official minutes of the governing 1917
authority, as appropriate. The purchasing agent or the purchase 1918
clerk, or his designee, as the case may be, and not the governing 1919
authority, shall be liable for any penalties and/or damages as may 1920
be imposed by law for any act or omission of the purchasing agent 1921
or purchase clerk, or his designee, constituting a violation of 1922
law in accepting any bid without approval by the governing 1923
authority. The term "competitive written bid" shall mean a bid 1924
submitted on a bid form furnished by the buying agency or 1925
governing authority and signed by authorized personnel 1926
representing the vendor, or a bid submitted on a vendor's 1927
letterhead or identifiable bid form and signed by authorized 1928
personnel representing the vendor. "Competitive" shall mean that 1929
the bids are developed based upon comparable identification of the 1930
needs and are developed independently and without knowledge of 1931
other bids or prospective bids. Any bid item for construction in 1932
excess of Five Thousand Dollars ($5,000.00) shall be broken down 1933
by components to provide detail of component description and 1934
pricing. These details shall be submitted with the written bids 1935
and become part of the bid evaluation criteria. Bids may be 1936
submitted by facsimile, electronic mail or other generally 1937
accepted method of information distribution. Bids submitted by 1938
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electronic transmission shall not require the signature of the 1939
vendor's representative unless required by agencies or governing 1940
authorities. 1941
(c) Bidding procedure for purchases over $75,000.00. 1942
(i) Publication requirement. 1943
1. Purchases which involve an expenditure of 1944
more than Seventy-five Thousand Dollars ($75,000.00), exclusive of 1945
freight and shipping charges, may be made from the lowest and best 1946
bidder after advertising for competitive bids once each week for 1947
two (2) consecutive weeks in a regular newspaper published in the 1948
county or municipality in which such agency or governing authority 1949
is located. However, all American Recovery and Reinvestment Act 1950
projects in excess of Twenty-five Thousand Dollars ($25,000.00) 1951
shall be bid. All references to American Recovery and 1952
Reinvestment Act projects in this section shall not apply to 1953
programs identified in Division B of the American Recovery and 1954
Reinvestment Act. 1955
2. Reverse auctions shall be the primary 1956
method for receiving bids during the bidding process. If a 1957
purchasing entity determines that a reverse auction is not in the 1958
best interest of the state, then that determination must be 1959
approved by the Public Procurement Review Board. The purchasing 1960
entity shall submit a detailed explanation of why a reverse 1961
auction would not be in the best interest of the state and present 1962
an alternative process to be approved by the Public Procurement 1963
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Review Board. If the Public Procurement Review Board authorizes 1964
the purchasing entity to solicit bids with a method other than 1965
reverse auction, then the purchasing entity may designate the 1966
other methods by which the bids will be received, including, but 1967
not limited to, bids sealed in an envelope, bids received 1968
electronically in a secure system, or bids received by any other 1969
method that promotes open competition and has been approved by the 1970
Office of Purchasing and Travel. However, reverse auction shall 1971
not be used for any public contract for design, construction, 1972
improvement, repair or remodeling of any public facilities, 1973
including the purchase of materials, supplies, equipment or goods 1974
for same and including buildings, roads and bridges. The Public 1975
Procurement Review Board must approve any contract entered into by 1976
alternative process. The provisions of this item 2 shall not 1977
apply to the individual state institutions of higher learning. 1978
The provisions of this item 2 requiring reverse auction as the 1979
primary method of receiving bids shall not apply to term contract 1980
purchases as provided in paragraph (n) of this section; however, a 1981
purchasing entity may, in its discretion, utilize reverse auction 1982
for such purchases. The provisions of this item 2 shall not apply 1983
to individual public schools, including public charter schools and 1984
public school districts, only when purchasing copyrighted 1985
educational supplemental materials and software as a service 1986
product. For such purchases, a local school board may authorize a 1987
purchasing entity in its jurisdiction to use a Request for 1988
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Qualifications which promotes open competition and meets the 1989
requirements of the Office of Purchasing and Travel. 1990
3. The date as published for the bid opening 1991
shall not be less than seven (7) working days after the last 1992
published notice; however, if the purchase involves a construction 1993
project in which the estimated cost is in excess of Seventy-five 1994
Thousand Dollars ($75,000.00), such bids shall not be opened in 1995
less than fifteen (15) working days after the last notice is 1996
published and the notice for the purchase of such construction 1997
shall be published once each week for two (2) consecutive weeks. 1998
The notice of intention to let contracts or purchase equipment 1999
shall state the time and place at which bids shall be received, 2000
list the contracts to be made or types of equipment or supplies to 2001
be purchased, and, if all plans and/or specifications are not 2002
published, refer to the plans and/or specifications on file. If 2003
there is no newspaper published in the county or municipality, 2004
then such notice shall be given by posting same at the courthouse, 2005
or for municipalities at the city hall, and at two (2) other 2006
public places in the county or municipality, and also by 2007
publication once each week for two (2) consecutive weeks in some 2008
newspaper having a general circulation in the county or 2009
municipality in the above-provided manner. On the same date that 2010
the notice is submitted to the newspaper for publication, the 2011
agency or governing authority involved shall mail written notice 2012
to, or provide electronic notification to the main office of the 2013
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Mississippi Procurement Technical Assistance Program under the 2014
Mississippi Development Authority that contains the same 2015
information as that in the published notice. Within one (1) 2016
working day of the contract award, the agency or governing 2017
authority shall post to the designated web page maintained by the 2018
Department of Finance and Administration, notice of the award, 2019
including the award recipient, the contract amount, and a brief 2020
summary of the contract in accordance with rules promulgated by 2021
the department. Within one (1) working day of the contract 2022
execution, the agency or governing authority shall post to the 2023
designated web page maintained by the Department of Finance and 2024
Administration a summary of the executed contract and make a copy 2025
of the appropriately redacted contract documents available for 2026
linking to the designated web page in accordance with the rules 2027
promulgated by the department. The information provided by the 2028
agency or governing authority shall be posted to the web page 2029
until the project is completed. 2030
4. Agencies and governing authorities using 2031
federal funds for the procurement of any good or service, 2032
including exempt personal and professional services, must comply 2033
with the Uniform Administrative Requirements, Cost Principles, and 2034
Audit Requirements for Federal Awards - Subpart D - Post Federal 2035
Award Requirements Procurement Standards, in accordance with 2 CFR 2036
200.317 through 2 CFR 200.327. 2037
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(ii) Bidding process amendment procedure. If all 2038
plans and/or specifications are published in the notification, 2039
then the plans and/or specifications may not be amended. If all 2040
plans and/or specifications are not published in the notification, 2041
then amendments to the plans/specifications, bid opening date, bid 2042
opening time and place may be made, provided that the agency or 2043
governing authority maintains a list of all prospective bidders 2044
who are known to have received a copy of the bid documents and all 2045
such prospective bidders are sent copies of all amendments. This 2046
notification of amendments may be made via mail, facsimile, 2047
electronic mail or other generally accepted method of information 2048
distribution. No addendum to bid specifications may be issued 2049
within two (2) working days of the time established for the 2050
receipt of bids unless such addendum also amends the bid opening 2051
to a date not less than five (5) working days after the date of 2052
the addendum. 2053
(iii) Filing requirement. In all cases involving 2054
governing authorities, before the notice shall be published or 2055
posted, the plans or specifications for the construction or 2056
equipment being sought shall be filed with the clerk of the board 2057
of the governing authority. In addition to these requirements, a 2058
bid file shall be established which shall indicate those vendors 2059
to whom such solicitations and specifications were issued, and 2060
such file shall also contain such information as is pertinent to 2061
the bid. 2062
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(iv) Specification restrictions. 2063
1. Specifications pertinent to such bidding 2064
shall be written so as not to exclude comparable equipment of 2065
domestic manufacture. However, if valid justification is 2066
presented, the Department of Finance and Administration or the 2067
board of a governing authority may approve a request for specific 2068
equipment necessary to perform a specific job. Further, such 2069
justification, when placed on the minutes of the board of a 2070
governing authority, may serve as authority for that governing 2071
authority to write specifications to require a specific item of 2072
equipment needed to perform a specific job. In addition to these 2073
requirements, from and after July 1, 1990, vendors of relocatable 2074
classrooms and the specifications for the purchase of such 2075
relocatable classrooms published by local school boards shall meet 2076
all pertinent regulations of the State Board of Education, 2077
including prior approval of such bid by the State Department of 2078
Education. 2079
2. Specifications for construction projects 2080
may include an allowance for commodities, equipment, furniture, 2081
construction materials or systems in which prospective bidders are 2082
instructed to include in their bids specified amounts for such 2083
items so long as the allowance items are acquired by the vendor in 2084
a commercially reasonable manner and approved by the 2085
agency/governing authority. Such acquisitions shall not be made 2086
to circumvent the public purchasing laws. 2087
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(v) Electronic bids. Agencies and governing 2088
authorities shall provide a secure electronic interactive system 2089
for the submittal of bids requiring competitive bidding that shall 2090
be an additional bidding option for those bidders who choose to 2091
submit their bids electronically. The Department of Finance and 2092
Administration shall provide, by regulation, the standards that 2093
agencies must follow when receiving electronic bids. Agencies and 2094
governing authorities shall make the appropriate provisions 2095
necessary to accept electronic bids from those bidders who choose 2096
to submit their bids electronically for all purchases requiring 2097
competitive bidding under this section. Any special condition or 2098
requirement for the electronic bid submission shall be specified 2099
in the advertisement for bids required by this section. Agencies 2100
or governing authorities that are currently without available high 2101
speed Internet access shall be exempt from the requirement of this 2102
subparagraph (v) until such time that high speed Internet access 2103
becomes available. Any county having a population of less than 2104
twenty thousand (20,000) shall be exempt from the provisions of 2105
this subparagraph (v). Any municipality having a population of 2106
less than ten thousand (10,000) shall be exempt from the 2107
provisions of this subparagraph (v). The provisions of this 2108
subparagraph (v) shall not require any bidder to submit bids 2109
electronically. When construction bids are submitted 2110
electronically, the requirement for including a certificate of 2111
responsibility, or a statement that the bid enclosed does not 2112
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exceed Fifty Thousand Dollars ($50,000.00), on the exterior of the 2113
bid envelope as indicated in Section 31-3-21(1) and (2) shall be 2114
deemed in compliance with by including same as an attachment with 2115
the electronic bid submittal. 2116
(d) Lowest and best bid decision procedure. 2117
(i) Decision procedure. Purchases may be made 2118
from the lowest and best bidder. In determining the lowest and 2119
best bid, freight and shipping charges shall be included. 2120
Life-cycle costing, total cost bids, warranties, guaranteed 2121
buy-back provisions and other relevant provisions may be included 2122
in the best bid calculation. All best bid procedures for state 2123
agencies must be in compliance with regulations established by the 2124
Department of Finance and Administration. If any governing 2125
authority accepts a bid other than the lowest bid actually 2126
submitted, it shall place on its minutes detailed calculations and 2127
narrative summary showing that the accepted bid was determined to 2128
be the lowest and best bid, including the dollar amount of the 2129
accepted bid and the dollar amount of the lowest bid. No agency 2130
or governing authority shall accept a bid based on items not 2131
included in the specifications. 2132
(ii) Decision procedure for Certified Purchasing 2133
Offices. In addition to the decision procedure set forth in 2134
subparagraph (i) of this paragraph (d), Certified Purchasing 2135
Offices may also use the following procedure: Purchases may be 2136
made from the bidder offering the best value. In determining the 2137
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best value bid, freight and shipping charges shall be included. 2138
Life-cycle costing, total cost bids, warranties, guaranteed 2139
buy-back provisions, documented previous experience, training 2140
costs and other relevant provisions, including, but not limited 2141
to, a bidder having a local office and inventory located within 2142
the jurisdiction of the governing authority, may be included in 2143
the best value calculation. This provision shall authorize 2144
Certified Purchasing Offices to utilize a Request For Proposals 2145
(RFP) process when purchasing commodities. All best value 2146
procedures for state agencies must be in compliance with 2147
regulations established by the Department of Finance and 2148
Administration. No agency or governing authority shall accept a 2149
bid based on items or criteria not included in the specifications. 2150
(iii) Decision procedure for Prequalified 2151
Construction. In addition to the decision procedure set forth in 2152
subparagraph (i) of this paragraph (d), where purchase involves 2153
renovation, restoration, or both, of the State Capitol Building or 2154
any other historical building designated for at least five (5) 2155
years as a Mississippi Landmark by the Board of Trustees of the 2156
Department of Archives and History under the authority of Sections 2157
39-7-7 and 39-7-11, or for any other construction procurement with 2158
a minimum construction cost of Ten Million Dollars 2159
($10,000,000.00) where the agency or governing authority has 2160
determined that prequalification of bidders is in the best 2161
interest of the state, the agency or governing authority may use 2162
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the following procedure: Purchases may be made from the lowest 2163
and best prequalified bidder. Solicitation of the 2164
prequalification of bidders shall be in accordance with paragraph 2165
(c) of this section and shall be determined not less than fifteen 2166
(15) working days before the prequalified bidders are invited to 2167
submit bids. Prequalification criteria shall be limited to 2168
bidder's and proposed sub-contractor's knowledge and experience on 2169
projects of similar size and scope, past performance, project 2170
management team and financial stability. All best bid and 2171
prequalification procedures for state agencies must be in 2172
compliance with regulations established by the Department of 2173
Finance and Administration. If any governing authority accepts a 2174
bid other than the lowest bid actually submitted, it shall place 2175
on its minutes detailed calculations and narrative summary showing 2176
that the accepted bid was determined to be the lowest and best 2177
bid, including the dollar amount of the accepted bid and the 2178
dollar amount of the lowest bid. No agency or governing authority 2179
shall accept a bid based on items not included in the 2180
specifications. 2181
(iv) Construction project negotiations authority. 2182
If the lowest and best bid is not more than ten percent (10%) 2183
above the amount of funds allocated for a public construction or 2184
renovation project, then the agency or governing authority shall 2185
be permitted to negotiate with the lowest bidder in order to enter 2186
into a contract for an amount not to exceed the funds allocated. 2187
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(e) Lease-purchase authorization. For the purposes of 2188
this section, the term "equipment" shall mean equipment, furniture 2189
and, if applicable, associated software and other applicable 2190
direct costs associated with the acquisition. Any lease-purchase 2191
of equipment which an agency is not required to lease-purchase 2192
under the master lease-purchase program pursuant to Section 2193
31-7-10 and any lease-purchase of equipment which a governing 2194
authority elects to lease-purchase may be acquired by a 2195
lease-purchase agreement under this paragraph (e). Lease-purchase 2196
financing may also be obtained from the vendor or from a 2197
third-party source after having solicited and obtained at least 2198
two (2) written competitive bids, as defined in paragraph (b) of 2199
this section, for such financing without advertising for such 2200
bids. Solicitation for the bids for financing may occur before or 2201
after acceptance of bids for the purchase of such equipment or, 2202
where no such bids for purchase are required, at any time before 2203
the purchase thereof. No such lease-purchase agreement shall be 2204
for an annual rate of interest which is greater than the overall 2205
maximum interest rate to maturity on general obligation 2206
indebtedness permitted under Section 75-17-101, and the term of 2207
such lease-purchase agreement shall not exceed the useful life of 2208
equipment covered thereby as determined according to the upper 2209
limit of the asset depreciation range (ADR) guidelines for the 2210
Class Life Asset Depreciation Range System established by the 2211
Internal Revenue Service pursuant to the United States Internal 2212
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Revenue Code and regulations thereunder as in effect on December 2213
31, 1980, or comparable depreciation guidelines with respect to 2214
any equipment not covered by ADR guidelines. Any lease-purchase 2215
agreement entered into pursuant to this paragraph (e) may contain 2216
any of the terms and conditions which a master lease-purchase 2217
agreement may contain under the provisions of Section 31-7-10(5), 2218
and shall contain an annual allocation dependency clause 2219
substantially similar to that set forth in Section 31-7-10(8). 2220
Each agency or governing authority entering into a lease-purchase 2221
transaction pursuant to this paragraph (e) shall maintain with 2222
respect to each such lease-purchase transaction the same 2223
information as required to be maintained by the Department of 2224
Finance and Administration pursuant to Section 31-7-10(13). 2225
However, nothing contained in this section shall be construed to 2226
permit agencies to acquire items of equipment with a total 2227
acquisition cost in the aggregate of less than Ten Thousand 2228
Dollars ($10,000.00) by a single lease-purchase transaction. All 2229
equipment, and the purchase thereof by any lessor, acquired by 2230
lease-purchase under this paragraph and all lease-purchase 2231
payments with respect thereto shall be exempt from all Mississippi 2232
sales, use and ad valorem taxes. Interest paid on any 2233
lease-purchase agreement under this section shall be exempt from 2234
State of Mississippi income taxation. 2235
(f) Alternate bid authorization. When necessary to 2236
ensure ready availability of commodities for public works and the 2237
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timely completion of public projects, no more than two (2) 2238
alternate bids may be accepted by a governing authority for 2239
commodities. No purchases may be made through use of such 2240
alternate bids procedure unless the lowest and best bidder cannot 2241
deliver the commodities contained in his bid. In that event, 2242
purchases of such commodities may be made from one (1) of the 2243
bidders whose bid was accepted as an alternate. 2244
(g) Construction contract change authorization. In the 2245
event a determination is made by an agency or governing authority 2246
after a construction contract is let that changes or modifications 2247
to the original contract are necessary or would better serve the 2248
purpose of the agency or the governing authority, such agency or 2249
governing authority may, in its discretion, order such changes 2250
pertaining to the construction that are necessary under the 2251
circumstances without the necessity of further public bids; 2252
provided that such change shall be made in a commercially 2253
reasonable manner and shall not be made to circumvent the public 2254
purchasing statutes. In addition to any other authorized person, 2255
the architect or engineer hired by an agency or governing 2256
authority with respect to any public construction contract shall 2257
have the authority, when granted by an agency or governing 2258
authority, to authorize changes or modifications to the original 2259
contract without the necessity of prior approval of the agency or 2260
governing authority when any such change or modification is less 2261
than one percent (1%) of the total contract amount. The agency or 2262
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governing authority may limit the number, manner or frequency of 2263
such emergency changes or modifications. 2264
(h) Petroleum purchase alternative. In addition to 2265
other methods of purchasing authorized in this chapter, when any 2266
agency or governing authority shall have a need for gas, diesel 2267
fuel, oils and/or other petroleum products in excess of the amount 2268
set forth in paragraph (a) of this section, such agency or 2269
governing authority may purchase the commodity after having 2270
solicited and obtained at least two (2) competitive written bids, 2271
as defined in paragraph (b) of this section. If two (2) 2272
competitive written bids are not obtained, the entity shall comply 2273
with the procedures set forth in paragraph (c) of this section. 2274
In the event any agency or governing authority shall have 2275
advertised for bids for the purchase of gas, diesel fuel, oils and 2276
other petroleum products and coal and no acceptable bids can be 2277
obtained, such agency or governing authority is authorized and 2278
directed to enter into any negotiations necessary to secure the 2279
lowest and best contract available for the purchase of such 2280
commodities. 2281
(i) Road construction petroleum products price 2282
adjustment clause authorization. Any agency or governing 2283
authority authorized to enter into contracts for the construction, 2284
maintenance, surfacing or repair of highways, roads or streets, 2285
may include in its bid proposal and contract documents a price 2286
adjustment clause with relation to the cost to the contractor, 2287
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including taxes, based upon an industry-wide cost index, of 2288
petroleum products including asphalt used in the performance or 2289
execution of the contract or in the production or manufacture of 2290
materials for use in such performance. Such industry-wide index 2291
shall be established and published monthly by the Mississippi 2292
Department of Transportation with a copy thereof to be mailed, 2293
upon request, to the clerks of the governing authority of each 2294
municipality and the clerks of each board of supervisors 2295
throughout the state. The price adjustment clause shall be based 2296
on the cost of such petroleum products only and shall not include 2297
any additional profit or overhead as part of the adjustment. The 2298
bid proposals or document contract shall contain the basis and 2299
methods of adjusting unit prices for the change in the cost of 2300
such petroleum products. 2301
(j) State agency emergency purchase procedure. If the 2302
governing board or the executive head, or his designees, of any 2303
agency of the state shall determine that an emergency exists in 2304
regard to the purchase of any commodities or repair contracts, so 2305
that the delay incident to giving opportunity for competitive 2306
bidding would be detrimental to the interests of the state, then 2307
the head of such agency, or his designees, shall file with the 2308
Department of Finance and Administration (i) a statement 2309
explaining the conditions and circumstances of the emergency, 2310
which shall include a detailed description of the events leading 2311
up to the situation and the negative impact to the entity if the 2312
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purchase is made following the statutory requirements set forth in 2313
paragraph (a), (b) or (c) of this section, and (ii) a certified 2314
copy of the appropriate minutes of the board of such agency 2315
requesting the emergency purchase, if applicable. Upon receipt of 2316
the statement and applicable board certification, the State Fiscal 2317
Officer, or his designees, may, in writing, authorize the purchase 2318
or repair without having to comply with competitive bidding 2319
requirements. 2320
If the governing board or the executive head, or his 2321
designees, of any agency determines that an emergency exists in 2322
regard to the purchase of any commodities or repair contracts, so 2323
that the delay incident to giving opportunity for competitive 2324
bidding would threaten the health or safety of any person, or the 2325
preservation or protection of property, then the provisions in 2326
this section for competitive bidding shall not apply, and any 2327
officer or agent of the agency having general or specific 2328
authority for making the purchase or repair contract shall approve 2329
the bill presented for payment, and he shall certify in writing 2330
from whom the purchase was made, or with whom the repair contract 2331
was made. 2332
Total purchases made under this paragraph (j) shall only be 2333
for the purpose of meeting needs created by the emergency 2334
situation. Following the emergency purchase, documentation of the 2335
purchase, including a description of the commodity purchased, the 2336
purchase price thereof and the nature of the emergency shall be 2337
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filed with the Department of Finance and Administration. Any 2338
contract awarded pursuant to this paragraph (j) shall not exceed a 2339
term of one (1) year. 2340
Purchases under the grant program established under Section 2341
37-68-7 in response to COVID-19 and the directive that school 2342
districts create a distance learning plan and fulfill technology 2343
needs expeditiously shall be deemed an emergency purchase for 2344
purposes of this paragraph (j). 2345
(k) Governing authority emergency purchase procedure. 2346
If the governing authority, or the governing authority acting 2347
through its designee, shall determine that an emergency exists in 2348
regard to the purchase of any commodities or repair contracts, so 2349
that the delay incident to giving opportunity for competitive 2350
bidding would be detrimental to the interest of the governing 2351
authority, then the provisions herein for competitive bidding 2352
shall not apply and any officer or agent of such governing 2353
authority having general or special authority therefor in making 2354
such purchase or repair shall approve the bill presented therefor, 2355
and he shall certify in writing thereon from whom such purchase 2356
was made, or with whom such a repair contract was made. At the 2357
board meeting next following the emergency purchase or repair 2358
contract, documentation of the purchase or repair contract, 2359
including a description of the commodity purchased, the price 2360
thereof and the nature of the emergency shall be presented to the 2361
board and shall be placed on the minutes of the board of such 2362
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governing authority. Purchases under the grant program 2363
established under Section 37-68-7 in response to COVID-19 and the 2364
directive that school districts create a distance learning plan 2365
and fulfill technology needs expeditiously shall be deemed an 2366
emergency purchase for purposes of this paragraph (k). 2367
(l) Hospital purchase, lease-purchase and lease 2368
authorization. 2369
(i) The commissioners or board of trustees of any 2370
public hospital may contract with such lowest and best bidder for 2371
the purchase or lease-purchase of any commodity under a contract 2372
of purchase or lease-purchase agreement whose obligatory payment 2373
terms do not exceed five (5) years. 2374
(ii) In addition to the authority granted in 2375
subparagraph (i) of this paragraph (l), the commissioners or board 2376
of trustees is authorized to enter into contracts for the lease of 2377
equipment or services, or both, which it considers necessary for 2378
the proper care of patients if, in its opinion, it is not 2379
financially feasible to purchase the necessary equipment or 2380
services. Any such contract for the lease of equipment or 2381
services executed by the commissioners or board shall not exceed a 2382
maximum of five (5) years' duration and shall include a 2383
cancellation clause based on unavailability of funds. If such 2384
cancellation clause is exercised, there shall be no further 2385
liability on the part of the lessee. Any such contract for the 2386
lease of equipment or services executed on behalf of the 2387
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commissioners or board that complies with the provisions of this 2388
subparagraph (ii) shall be excepted from the bid requirements set 2389
forth in this section. 2390
(m) Exceptions from bidding requirements. Excepted 2391
from bid requirements are: 2392
(i) Purchasing agreements approved by department. 2393
Purchasing agreements, contracts and maximum price regulations 2394
executed or approved by the Department of Finance and 2395
Administration. 2396
(ii) Outside equipment repairs. Repairs to 2397
equipment, when such repairs are made by repair facilities in the 2398
private sector; however, engines, transmissions, rear axles and/or 2399
other such components shall not be included in this exemption when 2400
replaced as a complete unit instead of being repaired and the need 2401
for such total component replacement is known before disassembly 2402
of the component; however, invoices identifying the equipment, 2403
specific repairs made, parts identified by number and name, 2404
supplies used in such repairs, and the number of hours of labor 2405
and costs therefor shall be required for the payment for such 2406
repairs. 2407
(iii) In-house equipment repairs. Purchases of 2408
parts for repairs to equipment, when such repairs are made by 2409
personnel of the agency or governing authority; however, entire 2410
assemblies, such as engines or transmissions, shall not be 2411
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included in this exemption when the entire assembly is being 2412
replaced instead of being repaired. 2413
(iv) Raw gravel or dirt. Raw unprocessed deposits 2414
of gravel or fill dirt which are to be removed and transported by 2415
the purchaser. 2416
(v) Governmental equipment auctions. Motor 2417
vehicles or other equipment purchased from a federal agency or 2418
authority, another governing authority or state agency of the 2419
State of Mississippi, or any governing authority or state agency 2420
of another state at a public auction held for the purpose of 2421
disposing of such vehicles or other equipment. Any purchase by a 2422
governing authority under the exemption authorized by this 2423
subparagraph (v) shall require advance authorization spread upon 2424
the minutes of the governing authority to include the listing of 2425
the item or items authorized to be purchased and the maximum bid 2426
authorized to be paid for each item or items. 2427
(vi) Intergovernmental sales and transfers. 2428
Purchases, sales, transfers or trades by governing authorities or 2429
state agencies when such purchases, sales, transfers or trades are 2430
made by a private treaty agreement or through means of 2431
negotiation, from any federal agency or authority, another 2432
governing authority or state agency of the State of Mississippi, 2433
or any state agency or governing authority of another state. 2434
Nothing in this section shall permit such purchases through public 2435
auction except as provided for in subparagraph (v) of this 2436
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paragraph (m). It is the intent of this section to allow 2437
governmental entities to dispose of and/or purchase commodities 2438
from other governmental entities at a price that is agreed to by 2439
both parties. This shall allow for purchases and/or sales at 2440
prices which may be determined to be below the market value if the 2441
selling entity determines that the sale at below market value is 2442
in the best interest of the taxpayers of the state. Governing 2443
authorities shall place the terms of the agreement and any 2444
justification on the minutes, and state agencies shall obtain 2445
approval from the Department of Finance and Administration, prior 2446
to releasing or taking possession of the commodities. 2447
(vii) Perishable supplies or food. Perishable 2448
supplies or food purchased for use in connection with hospitals, 2449
the school lunch programs, homemaking programs and for the feeding 2450
of county or municipal prisoners. 2451
(viii) Single-source items. Noncompetitive items 2452
available from one (1) source only. In connection with the 2453
purchase of noncompetitive items only available from one (1) 2454
source, a certification of the conditions and circumstances 2455
requiring the purchase shall be filed by the agency with the 2456
Department of Finance and Administration and by the governing 2457
authority with the board of the governing authority. Upon receipt 2458
of that certification the Department of Finance and Administration 2459
or the board of the governing authority, as the case may be, may, 2460
in writing, authorize the purchase, which authority shall be noted 2461
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on the minutes of the body at the next regular meeting thereafter. 2462
In those situations, a governing authority is not required to 2463
obtain the approval of the Department of Finance and 2464
Administration. Following the purchase, the executive head of the 2465
state agency, or his designees, shall file with the Department of 2466
Finance and Administration, documentation of the purchase, 2467
including a description of the commodity purchased, the purchase 2468
price thereof and the source from whom it was purchased. 2469
(ix) Waste disposal facility construction 2470
contracts. Construction of incinerators and other facilities for 2471
disposal of solid wastes in which products either generated 2472
therein, such as steam, or recovered therefrom, such as materials 2473
for recycling, are to be sold or otherwise disposed of; however, 2474
in constructing such facilities, a governing authority or agency 2475
shall publicly issue requests for proposals, advertised for in the 2476
same manner as provided herein for seeking bids for public 2477
construction projects, concerning the design, construction, 2478
ownership, operation and/or maintenance of such facilities, 2479
wherein such requests for proposals when issued shall contain 2480
terms and conditions relating to price, financial responsibility, 2481
technology, environmental compatibility, legal responsibilities 2482
and such other matters as are determined by the governing 2483
authority or agency to be appropriate for inclusion; and after 2484
responses to the request for proposals have been duly received, 2485
the governing authority or agency may select the most qualified 2486
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proposal or proposals on the basis of price, technology and other 2487
relevant factors and from such proposals, but not limited to the 2488
terms thereof, negotiate and enter contracts with one or more of 2489
the persons or firms submitting proposals. 2490
(x) Hospital group purchase contracts. Supplies, 2491
commodities and equipment purchased by hospitals through group 2492
purchase programs pursuant to Section 31-7-38. 2493
(xi) Information technology products. Purchases 2494
of information technology products made by governing authorities 2495
under the provisions of purchase schedules, or contracts executed 2496
or approved by the Mississippi Department of Information 2497
Technology Services and designated for use by governing 2498
authorities. 2499
(xii) Energy efficiency services and equipment. 2500
Energy efficiency services and equipment acquired by school 2501
districts, community and junior colleges, institutions of higher 2502
learning and state agencies or other applicable governmental 2503
entities on a shared-savings, lease or lease-purchase basis 2504
pursuant to Section 31-7-14. 2505
(xiii) Municipal electrical utility system fuel. 2506
Purchases of coal and/or natural gas by municipally owned electric 2507
power generating systems that have the capacity to use both coal 2508
and natural gas for the generation of electric power. 2509
(xiv) Library books and other reference materials. 2510
Purchases by libraries or for libraries of books and periodicals; 2511
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processed film, videocassette tapes, filmstrips and slides; 2512
recorded audiotapes, cassettes and diskettes; and any such items 2513
as would be used for teaching, research or other information 2514
distribution; however, equipment such as projectors, recorders, 2515
audio or video equipment, and monitor televisions are not exempt 2516
under this subparagraph. 2517
(xv) Unmarked vehicles. Purchases of unmarked 2518
vehicles when such purchases are made in accordance with 2519
purchasing regulations adopted by the Department of Finance and 2520
Administration pursuant to Section 31-7-9(2). 2521
(xvi) Election ballots. Purchases of ballots 2522
printed pursuant to Section 23-15-351. 2523
(xvii) Multichannel interactive video systems. 2524
From and after July 1, 1990, contracts by Mississippi Authority 2525
for Educational Television with any private educational 2526
institution or private nonprofit organization whose purposes are 2527
educational in regard to the construction, purchase, lease or 2528
lease-purchase of facilities and equipment and the employment of 2529
personnel for providing multichannel interactive video systems 2530
(ITSF) in the school districts of this state. 2531
(xviii) Purchases of prison industry products by 2532
the Department of Corrections, regional correctional facilities or 2533
privately owned prisons. Purchases made by the Mississippi 2534
Department of Corrections, regional correctional facilities or 2535
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privately owned prisons involving any item that is manufactured, 2536
processed, grown or produced from the state's prison industries. 2537
(xix) Undercover operations equipment. Purchases 2538
of surveillance equipment or any other high-tech equipment to be 2539
used by law enforcement agents in undercover operations, provided 2540
that any such purchase shall be in compliance with regulations 2541
established by the Department of Finance and Administration. 2542
(xx) Junior college books for rent. Purchases by 2543
community or junior colleges of textbooks which are obtained for 2544
the purpose of renting such books to students as part of a book 2545
service system. 2546
(xxi) Certain school district purchases. 2547
Purchases of commodities made by school districts from vendors 2548
with which any levying authority of the school district, as 2549
defined in Section 37-57-1, has contracted through competitive 2550
bidding procedures for purchases of the same commodities. 2551
(xxii) Garbage, solid waste and sewage contracts. 2552
Contracts for garbage collection or disposal, contracts for solid 2553
waste collection or disposal and contracts for sewage collection 2554
or disposal. 2555
(xxiii) Municipal water tank maintenance 2556
contracts. Professional maintenance program contracts for the 2557
repair or maintenance of municipal water tanks, which provide 2558
professional services needed to maintain municipal water storage 2559
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tanks for a fixed annual fee for a duration of two (2) or more 2560
years. 2561
(xxiv) Purchases of Mississippi Industries for the 2562
Blind products or services. Purchases made by state agencies or 2563
governing authorities involving any item that is manufactured, 2564
processed or produced by, or any services provided by, the 2565
Mississippi Industries for the Blind. 2566
(xxv) Purchases of state-adopted textbooks. 2567
Purchases of state-adopted textbooks by public school districts. 2568
(xxvi) Certain purchases under the Mississippi 2569
Major Economic Impact Act. Contracts entered into pursuant to the 2570
provisions of Section 57-75-9(2), (3) and (4). 2571
(xxvii) Used heavy or specialized machinery or 2572
equipment for installation of soil and water conservation 2573
practices purchased at auction. Used heavy or specialized 2574
machinery or equipment used for the installation and 2575
implementation of soil and water conservation practices or 2576
measures purchased subject to the restrictions provided in 2577
Sections 69-27-331 through 69-27-341. Any purchase by the State 2578
Soil and Water Conservation Commission under the exemption 2579
authorized by this subparagraph shall require advance 2580
authorization spread upon the minutes of the commission to include 2581
the listing of the item or items authorized to be purchased and 2582
the maximum bid authorized to be paid for each item or items. 2583
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(xxviii) Hospital lease of equipment or services. 2584
Leases by hospitals of equipment or services if the leases are in 2585
compliance with paragraph (l)(ii). 2586
(xxix) Purchases made pursuant to qualified 2587
cooperative purchasing agreements. Purchases made by certified 2588
purchasing offices of state agencies or governing authorities 2589
under cooperative purchasing agreements previously approved by the 2590
Office of Purchasing and Travel and established by or for any 2591
municipality, county, parish or state government or the federal 2592
government, provided that the notification to potential 2593
contractors includes a clause that sets forth the availability of 2594
the cooperative purchasing agreement to other governmental 2595
entities. Such purchases shall only be made if the use of the 2596
cooperative purchasing agreements is determined to be in the best 2597
interest of the governmental entity. 2598
(xxx) School yearbooks. Purchases of school 2599
yearbooks by state agencies or governing authorities; however, 2600
state agencies and governing authorities shall use for these 2601
purchases the RFP process as set forth in the Mississippi 2602
Procurement Manual adopted by the Office of Purchasing and Travel. 2603
(xxxi) Design-build method of contracting and 2604
certain other contracts. Contracts entered into under the 2605
provisions of Section 31-7-13.1, 37-101-44 or 65-1-85. 2606
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(xxxii) Toll roads and bridge construction 2607
projects. Contracts entered into under the provisions of Section 2608
65-43-1 or 65-43-3. 2609
(xxxiii) Certain purchases under Section 57-1-221. 2610
Contracts entered into pursuant to the provisions of Section 2611
57-1-221. 2612
(xxxiv) Certain transfers made pursuant to the 2613
provisions of Section 57-105-1(7). Transfers of public property 2614
or facilities under Section 57-105-1(7) and construction related 2615
to such public property or facilities. 2616
(xxxv) Certain purchases or transfers entered into 2617
with local electrical power associations. Contracts or agreements 2618
entered into under the provisions of Section 55-3-33. 2619
(xxxvi) Certain purchases by an academic medical 2620
center or health sciences school. Purchases by an academic 2621
medical center or health sciences school, as defined in Section 2622
37-115-50, of commodities that are used for clinical purposes and 2623
1. intended for use in the diagnosis of disease or other 2624
conditions or in the cure, mitigation, treatment or prevention of 2625
disease, and 2. medical devices, biological, drugs and 2626
radiation-emitting devices as defined by the United States Food 2627
and Drug Administration. 2628
(xxxvii) Certain purchases made under the Alyce G. 2629
Clarke Mississippi Lottery Law. Contracts made by the Mississippi 2630
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Lottery Corporation pursuant to the Alyce G. Clarke Mississippi 2631
Lottery Law. 2632
(xxxviii) Certain purchases made by the Department 2633
of Health and the Department of Revenue. Purchases made by the 2634
Department of Health and the Department of Revenue solely for the 2635
purpose of fulfilling their respective responsibilities under the 2636
Mississippi Medical Cannabis Act. This subparagraph shall stand 2637
repealed on June 30, 2026. 2638
(xxxix) Purchases made by state agencies related 2639
to museum exhibits. Purchases made by an agency related to the 2640
fabrication, construction, installation or refurbishing of museum 2641
exhibits. An agency making a purchase under this exemption in 2642
excess of the bid threshold set forth in paragraph (c) of this 2643
section shall publicly advertise a Request for Qualifications or 2644
Request for Proposals in which price as an evaluation factor is at 2645
least twenty percent (20%) out of the one hundred percent (100%) 2646
total weight, but shall be otherwise exempt. Any contract arising 2647
from a purchase using this exemption must be approved by the 2648
Public Procurement Review Board prior to execution by the agency. 2649
The agency shall submit a written report on December 1 of each 2650
year to the Chairs of the Senate and House Appropriations 2651
Committees, the Chairs of the Senate and House Accountability, 2652
Efficiency and Transparency Committees and the Chair of the Public 2653
Procurement Review Board, identifying all purchases made by the 2654
agency using this exemption in which the cost of the option 2655
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selected by the agency was more than twenty-five percent (25%) 2656
higher than the lowest cost option available. 2657
(n) Term contract authorization. All contracts for the 2658
purchase of: 2659
(i) All contracts for the purchase of commodities, 2660
equipment and public construction (including, but not limited to, 2661
repair and maintenance), may be let for periods of not more than 2662
sixty (60) months in advance, subject to applicable statutory 2663
provisions prohibiting the letting of contracts during specified 2664
periods near the end of terms of office. Term contracts for a 2665
period exceeding twenty-four (24) months shall also be subject to 2666
ratification or cancellation by governing authority boards taking 2667
office subsequent to the governing authority board entering the 2668
contract. 2669
(ii) Bid proposals and contracts may include price 2670
adjustment clauses with relation to the cost to the contractor 2671
based upon a nationally published industry-wide or nationally 2672
published and recognized cost index. The cost index used in a 2673
price adjustment clause shall be determined by the Department of 2674
Finance and Administration for the state agencies and by the 2675
governing board for governing authorities. The bid proposal and 2676
contract documents utilizing a price adjustment clause shall 2677
contain the basis and method of adjusting unit prices for the 2678
change in the cost of such commodities, equipment and public 2679
construction. 2680
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(o) Purchase law violation prohibition and vendor 2681
penalty. No contract or purchase as herein authorized shall be 2682
made for the purpose of circumventing the provisions of this 2683
section requiring competitive bids, nor shall it be lawful for any 2684
person or concern to submit individual invoices for amounts within 2685
those authorized for a contract or purchase where the actual value 2686
of the contract or commodity purchased exceeds the authorized 2687
amount and the invoices therefor are split so as to appear to be 2688
authorized as purchases for which competitive bids are not 2689
required. Submission of such invoices shall constitute a 2690
misdemeanor punishable by a fine of not less than Five Hundred 2691
Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), 2692
or by imprisonment for thirty (30) days in the county jail, or 2693
both such fine and imprisonment. In addition, the claim or claims 2694
submitted shall be forfeited. 2695
(p) Electrical utility petroleum-based equipment 2696
purchase procedure. When in response to a proper advertisement 2697
therefor, no bid firm as to price is submitted to an electric 2698
utility for power transformers, distribution transformers, power 2699
breakers, reclosers or other articles containing a petroleum 2700
product, the electric utility may accept the lowest and best bid 2701
therefor although the price is not firm. 2702
(q) Fuel management system bidding procedure. Any 2703
governing authority or agency of the state shall, before 2704
contracting for the services and products of a fuel management or 2705
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fuel access system, enter into negotiations with not fewer than 2706
two (2) sellers of fuel management or fuel access systems for 2707
competitive written bids to provide the services and products for 2708
the systems. In the event that the governing authority or agency 2709
cannot locate two (2) sellers of such systems or cannot obtain 2710
bids from two (2) sellers of such systems, it shall show proof 2711
that it made a diligent, good-faith effort to locate and negotiate 2712
with two (2) sellers of such systems. Such proof shall include, 2713
but not be limited to, publications of a request for proposals and 2714
letters soliciting negotiations and bids. For purposes of this 2715
paragraph (q), a fuel management or fuel access system is an 2716
automated system of acquiring fuel for vehicles as well as 2717
management reports detailing fuel use by vehicles and drivers, and 2718
the term "competitive written bid" shall have the meaning as 2719
defined in paragraph (b) of this section. Governing authorities 2720
and agencies shall be exempt from this process when contracting 2721
for the services and products of fuel management or fuel access 2722
systems under the terms of a state contract established by the 2723
Office of Purchasing and Travel. 2724
(r) Solid waste contract proposal procedure. Before 2725
entering into any contract for garbage collection or disposal, 2726
contract for solid waste collection or disposal or contract for 2727
sewage collection or disposal, which involves an expenditure of 2728
more than Seventy-five Thousand Dollars ($75,000.00), a governing 2729
authority or agency shall issue publicly a request for proposals 2730
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concerning the specifications for such services which shall be 2731
advertised for in the same manner as provided in this section for 2732
seeking bids for purchases which involve an expenditure of more 2733
than the amount provided in paragraph (c) of this section. Any 2734
request for proposals when issued shall contain terms and 2735
conditions relating to price, financial responsibility, 2736
technology, legal responsibilities and other relevant factors as 2737
are determined by the governing authority or agency to be 2738
appropriate for inclusion; all factors determined relevant by the 2739
governing authority or agency or required by this paragraph (r) 2740
shall be duly included in the advertisement to elicit proposals. 2741
After responses to the request for proposals have been duly 2742
received, the governing authority or agency shall select the most 2743
qualified proposal or proposals on the basis of price, technology 2744
and other relevant factors and from such proposals, but not 2745
limited to the terms thereof, negotiate and enter into contracts 2746
with one or more of the persons or firms submitting proposals. If 2747
the governing authority or agency deems none of the proposals to 2748
be qualified or otherwise acceptable, the request for proposals 2749
process may be reinitiated. Notwithstanding any other provisions 2750
of this paragraph, where a county with at least thirty-five 2751
thousand (35,000) nor more than forty thousand (40,000) 2752
population, according to the 1990 federal decennial census, owns 2753
or operates a solid waste landfill, the governing authorities of 2754
any other county or municipality may contract with the governing 2755
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authorities of the county owning or operating the landfill, 2756
pursuant to a resolution duly adopted and spread upon the minutes 2757
of each governing authority involved, for garbage or solid waste 2758
collection or disposal services through contract negotiations. 2759
(s) Minority set-aside authorization. Notwithstanding 2760
any provision of this section to the contrary, any agency or 2761
governing authority, by order placed on its minutes, may, in its 2762
discretion, set aside not more than twenty percent (20%) of its 2763
anticipated annual expenditures for the purchase of commodities 2764
from minority businesses; however, all such set-aside purchases 2765
shall comply with all purchasing regulations promulgated by the 2766
Department of Finance and Administration and shall be subject to 2767
bid requirements under this section. Set-aside purchases for 2768
which competitive bids are required shall be made from the lowest 2769
and best minority business bidder. For the purposes of this 2770
paragraph, the term "minority business" means a business which is 2771
owned by a majority of persons who are United States citizens or 2772
permanent resident aliens (as defined by the Immigration and 2773
Naturalization Service) of the United States, and who are Asian, 2774
Black, Hispanic or Native American, according to the following 2775
definitions: 2776
(i) "Asian" means persons having origins in any of 2777
the original people of the Far East, Southeast Asia, the Indian 2778
subcontinent, or the Pacific Islands. 2779
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(ii) "Black" means persons having origins in any 2780
black racial group of Africa. 2781
(iii) "Hispanic" means persons of Spanish or 2782
Portuguese culture with origins in Mexico, South or Central 2783
America, or the Caribbean Islands, regardless of race. 2784
(iv) "Native American" means persons having 2785
origins in any of the original people of North America, including 2786
American Indians, Eskimos and Aleuts. 2787
(t) Construction punch list restriction. The 2788
architect, engineer or other representative designated by the 2789
agency or governing authority that is contracting for public 2790
construction or renovation may prepare and submit to the 2791
contractor only one (1) preliminary punch list of items that do 2792
not meet the contract requirements at the time of substantial 2793
completion and one (1) final list immediately before final 2794
completion and final payment. 2795
(u) Procurement of construction services by state 2796
institutions of higher learning. Contracts for privately financed 2797
construction of auxiliary facilities on the campus of a state 2798
institution of higher learning may be awarded by the Board of 2799
Trustees of State Institutions of Higher Learning to the lowest 2800
and best bidder, where sealed bids are solicited, or to the 2801
offeror whose proposal is determined to represent the best value 2802
to the citizens of the State of Mississippi, where requests for 2803
proposals are solicited. 2804
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(v) Insurability of bidders for public construction or 2805
other public contracts. In any solicitation for bids to perform 2806
public construction or other public contracts to which this 2807
section applies, including, but not limited to, contracts for 2808
repair and maintenance, for which the contract will require 2809
insurance coverage in an amount of not less than One Million 2810
Dollars ($1,000,000.00), bidders shall be permitted to either 2811
submit proof of current insurance coverage in the specified amount 2812
or demonstrate ability to obtain the required coverage amount of 2813
insurance if the contract is awarded to the bidder. Proof of 2814
insurance coverage shall be submitted within five (5) business 2815
days from bid acceptance. 2816
(w) Purchase authorization clarification. Nothing in 2817
this section shall be construed as authorizing any purchase not 2818
authorized by law. 2819
(x) Mississippi Regional Pre-Need Disaster Clean Up 2820
Act. (i) The Department of Finance and Administration shall 2821
develop and implement a process that creates a preferred vendor 2822
list for both disaster debris removal and monitoring. 2823
(ii) Any board of supervisors of any county or any 2824
governing authority of any municipality may opt in to the benefits 2825
and services provided under the appropriate and relevant contract 2826
established in subparagraph (i) of this paragraph at the time of a 2827
disaster event in that county or municipality. At the time of opt 2828
in, the county or municipality shall assume responsibility for 2829
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payment in full to the contractor for the disaster-related solid 2830
waste collection, disposal or monitoring services provided. 2831
Nothing in this subparagraph (ii) shall be construed as requiring 2832
a county or municipality to opt in to any such contract 2833
established in subparagraph (i) of this paragraph. 2834
SECTION 49. Section 31-7-13.1, Mississippi Code of 1972, is 2835
brought forward as follows: 2836
31-7-13.1. (1) The method of contracting for construction 2837
described in this section shall be known as the "design-build 2838
method" of construction contracting. The design-build method of 2839
construction contracting may only be used when the Department of 2840
Finance and Administration or a governing authority has determined 2841
that it satisfies the public interest better than traditional 2842
design-bid-build or when the Legislature has specifically required 2843
or authorized the use of this method in the legislation 2844
authorizing a project. At a minimum, the determination must 2845
include a detailed explanation of why using the design-build 2846
method for a particular project satisfies the public need better 2847
than the traditional design-bid-build method. 2848
(2) For each proposed design-build project, the public 2849
agency or governing authority shall solicit proposals from 2850
qualified design-builders, with the final contract between the 2851
public entity and the design-builder being either a fixed firm 2852
price or guaranteed maximum price contract that includes payment 2853
for both the design and construction phases of the project. 2854
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Before solicitation of proposals, the agency or governing 2855
authority shall develop a scope of work statement that provides 2856
prospective offerors with sufficient information regarding the 2857
requirements of the agency or governing authority. The scope of 2858
work statement must include, but is not limited to, the following 2859
information: 2860
(a) Location and nature of proposed site(s) that 2861
include preliminary geotechnical information from borings as well 2862
as survey drawings that show topography, adjacent buildings and 2863
utilities; 2864
(b) Any mandatory requirements such as minimum number 2865
and types of spaces, any minimum or maximum building area(s) or 2866
height(s), applicable energy codes and/or efficiency targets, 2867
applicable zoning regulations and any aesthetic or character 2868
defining standards; 2869
(c) Any mandatory material and/or system performance 2870
requirements and/or specifications; and 2871
(d) General budget parameters, schedule or delivery 2872
requirements, relevant criteria for evaluation of proposals, and 2873
any other information necessary to enable the design-builders to 2874
submit proposals that meet the needs of the agency or governing 2875
authority. 2876
(3) The agency or governing authority shall cause to be 2877
published once a week, for at least two (2) consecutive weeks in a 2878
regular newspaper published in the county in which the project is 2879
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to be located, or a newspaper with statewide circulation, a notice 2880
inviting proposals for the design-build construction project. On 2881
the same date that the notice is submitted to the newspaper for 2882
publication, the agency or governing authority involved shall post 2883
the notice on the Mississippi Procurement Portal or mail written 2884
notice to, or provide electronic notification to, the main office 2885
of the Mississippi Procurement Technical Assistance Program under 2886
the Mississippi Development Authority that contains the same 2887
information as that in the published notice. The proposals shall 2888
not be opened in less than fifteen (15) working days after the 2889
last notice is published. The notice must inform potential 2890
offerors of how to obtain the scope of work statement developed 2891
for the project, and the notice must contain such other 2892
information to describe adequately the general nature and scope of 2893
the project so as to promote full, equal and open competition. 2894
(4) The agency or governing authority shall accept initial 2895
proposals only from entities able to provide an experienced and 2896
qualified design-build team that includes, at a minimum, an 2897
architectural or engineering firm licensed and registered in 2898
Mississippi and a contractor properly licensed and domiciled in 2899
Mississippi for the type of work required. 2900
(5) Proposals that include criteria other than cost only 2901
shall be evaluated by an evaluation committee established by the 2902
procuring entity. The evaluation committee shall be composed of 2903
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not less than three (3) people. Selection criteria of the 2904
evaluation committee shall be limited to the following: 2905
(a) The bidder's knowledge and experience in executing 2906
projects of similar size and complexity; 2907
(b) The experience and qualifications of the proposed 2908
office and construction management personnel; 2909
(c) The experience and qualifications of the 2910
subcontractors proposed; 2911
(d) The experience and qualifications of the architect 2912
or engineer and consultants; 2913
(e) Schedule control; and 2914
(f) Cost factors. 2915
Cost as an evaluation factor shall be given the highest 2916
criteria weighting and at least thirty-five percent (35%) out of 2917
the one hundred percent (100%) total weight of all the other 2918
evaluation factors. 2919
(6) If the agency or governing authority accepts a proposal 2920
other than the proposal with the lowest costs that was actually 2921
submitted, the agency or governing authority shall enter on its 2922
minutes detailed calculations and a narrative summary showing why 2923
the accepted proposal was determined to provide the best value, 2924
and the agency or governing authority shall state specifically on 2925
its minutes the justification for its award. 2926
(7) All facilities that are governed by this section shall 2927
be designed and constructed to comply with standards equal to or 2928
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exceeding the minimum building code standards employed by the 2929
state as required under Section 31-11-33 in force at the time of 2930
contracting. All private contractors or private entities 2931
contracting or performing under this section must comply at all 2932
times with all applicable laws, codes and other legal requirements 2933
pertaining to the project. 2934
(8) An agency or governing authority may not award a 2935
stipulated fee to an offeror for preparation costs to submit a 2936
response to the request for proposals. 2937
(9) This section shall not authorize the awarding of 2938
construction contracts according to any contracting method that 2939
does not require the contractor to satisfactorily perform, at a 2940
minimum, both any balance of design, using a professional licensed 2941
in Mississippi, and construction of the project for which the 2942
contract is awarded. 2943
(10) The provisions of this section shall not affect any 2944
procurement by the Mississippi Transportation Commission. 2945
(11) The provisions of this section shall not apply to 2946
procurement authorized in Section 59-5-37(3). 2947
SECTION 50. Section 31-7-13.2, Mississippi Code of 1972, is 2948
brought forward as follows: 2949
31-7-13.2 (1) When used in this section, "construction 2950
manager at risk" means a method of project delivery in which a 2951
construction manager guarantees a maximum price for the 2952
construction of a project and in which the governing authority or 2953
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board, before using this method of project delivery, shall include 2954
a detailed explanation of why using the construction manager at 2955
risk method of project delivery for a particular project satisfies 2956
the public need better than that traditional design-bid-build 2957
method based on the following criteria: 2958
(a) The use of construction manager at risk for the 2959
project provides a savings in time or cost over traditional 2960
methods; and 2961
(b) The size and type of the project is suitable for 2962
use of the construction management at risk method of project 2963
delivery. 2964
(2) When the construction manager at risk method of project 2965
delivery is used: 2966
(a) There may be a separate contract for design 2967
services and a separate contract for construction services; 2968
(b) The contract for construction services may be 2969
entered into at the same time as a contract for the design 2970
services or later; 2971
(c) Design and construction of the project may be in 2972
sequential or concurrent phases; and 2973
(d) Finance, maintenance, operation, reconstruction or 2974
other related services may be included for a guaranteed maximum 2975
price. 2976
(3) When procuring design professional services under a 2977
construction manager at risk project delivery method, the agency 2978
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or governing authority shall procure the services of a design 2979
professional pursuant to qualifications-based selection 2980
procedures. 2981
(4) Before the substantial completion of the design 2982
documents, the agency or governing authority may elect to hire a 2983
construction manager. 2984
(5) When procuring construction management services, the 2985
agency or governing authority shall follow the 2986
qualifications-based selection procedures as outlined in 2987
subsection (10) of this section or the competitive sealed proposal 2988
procedures as outlined in Section 31-17-13. 2989
(6) The agency or governing authority may require the 2990
architect or engineer and the construction manager, by contract, 2991
to cooperate in the design, planning and scheduling, and 2992
construction process. The contract shall not make the primary 2993
designer or construction manager a subcontractor or joint-venture 2994
partner to the other or limit the primary designer's or 2995
construction manager's independent obligations to the agency or 2996
governing authority. 2997
(7) Notwithstanding anything to the contrary in this 2998
chapter: 2999
(a) Each project for construction under a construction 3000
manager at risk contract shall be a specific, single project with 3001
a minimum construction cost of Twenty-five Million Dollars 3002
($25,000,000.00). 3003
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(b) Each project under a construction manager at risk 3004
contract shall be a specific, single project. For the purposes of 3005
this paragraph, "specific, single project" means a project that is 3006
constructed at a single location, at a common location or for a 3007
common purpose. 3008
(8) Agencies shall retain an independent architectural or 3009
engineering firm to provide guidance and administration of the 3010
professional engineering or professional architecture aspects of 3011
the project throughout the development of the scope, design, and 3012
construction of the project. 3013
(9) The state shall, on an annual basis, compile and make 3014
public all proceedings, records, contracts and other public 3015
records relating to procurement transactions authorized under this 3016
section. 3017
(10) For purposes of this section, the "qualifications-based 3018
selection procedure" shall include: 3019
(a) Publicly announcing all requirements for 3020
construction management at risk, architectural, engineering, and 3021
land surveying services, to procure these services on the basis of 3022
demonstrated competence and qualifications, and to negotiate 3023
contracts at fair and reasonable prices after the most qualified 3024
firm has been selected. 3025
(b) Agencies or governing authorities shall establish 3026
procedures to prequalify firms seeking to provide construction 3027
management at risk, architectural, engineering, and land surveying 3028
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services or may use prequalification lists from other state 3029
agencies or governing authorities to meet the requirements of this 3030
section. 3031
(c) Whenever a project requiring construction 3032
management at risk, architectural, engineering, or land surveying 3033
services is proposed for an agency or governing authority, the 3034
agency or governing authority shall provide advance notice 3035
published in a professional services bulletin or advertised within 3036
the official state newspaper setting forth the projects and 3037
services to be procured for not less than fourteen (14) days. The 3038
professional services bulletin shall be mailed to each firm that 3039
has requested the information or is prequalified under Section 3040
31-7-13. The professional services bulletin shall include a 3041
description of each project and shall state the time and place for 3042
interested firms to submit a letter of interest and, if required 3043
by the public notice, a statement of qualifications. 3044
(d) The agency or governing authority shall evaluate 3045
the firms submitting letters of interest and other prequalified 3046
firms, taking into account qualifications. The agency or 3047
governing authority may consider, but shall not be limited to, 3048
considering: 3049
(i) Ability of professional personnel; 3050
(ii) Past record and experience; 3051
(iii) Performance data on file; 3052
(iv) Willingness to meet time requirements; 3053
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(v) Location; 3054
(vi) Workload of the firm; and 3055
(vii) Any other qualifications-based factors as 3056
the agency or governing authority may determine in writing are 3057
applicable. 3058
The agency or governing authority may conduct discussions 3059
with and require public presentations by firms deemed to be the 3060
most qualified regarding their qualifications, approach to the 3061
project and ability to furnish the required services. 3062
(e) The agency or governing authority shall establish a 3063
committee to select firms to provide construction management at 3064
risk, architectural, engineering, and land surveying services. A 3065
selection committee may include at least one (1) public member 3066
nominated by a statewide association of the profession affected. 3067
The public member may not be employed or associated with any firm 3068
holding a contract with the agency or governing authority nor may 3069
the public member's firm be considered for a contract with that 3070
agency or governing authority while serving as a public member of 3071
the committee. In no case shall the agency or governing 3072
authority, before selecting a firm for negotiation under paragraph 3073
(f) of this subsection (10), seek formal or informal submission of 3074
verbal or written estimates of costs or proposals in terms of 3075
dollars, hours required, percentage of construction cost, or any 3076
other measure of compensation. 3077
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(f) On the basis of evaluations, discussions, and any 3078
presentations, the agency or governing authority shall select no 3079
less than three (3) firms that it determines to be qualified to 3080
provide services for the project and rank them in order of 3081
qualifications to provide services regarding the specific project. 3082
The agency or governing authority shall then contact the firm 3083
ranked most preferred to negotiate a contract at a fair and 3084
reasonable compensation. If fewer than three (3) firms submit 3085
letters of interest and the agency or governing authority 3086
determines that one (1) or both of those firms are so qualified, 3087
the agency or governing authority may proceed to negotiate a 3088
contract under paragraph (g) of this subsection (10). 3089
(g) The agency or governing authority shall prepare a 3090
written description of the scope of the proposed services to be 3091
used as a basis for negotiations and shall negotiate a contract 3092
with the highest qualified firm at compensation that the agency or 3093
governing authority determines in writing to be fair and 3094
reasonable. In making this decision, the agency or governing 3095
authority shall take into account the estimated value, scope, 3096
complexity, and professional nature of the services to be 3097
rendered. In no case may the agency or governing authority 3098
establish a maximum overhead rate or other payment formula 3099
designed to eliminate firms from contention or restrict 3100
competition or negotiation of fees. If the agency or governing 3101
authority is unable to negotiate a satisfactory contract with the 3102
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firm that is most preferred, negotiations with that firm shall be 3103
terminated. The agency or governing authority shall then begin 3104
negotiations with the firm that is next preferred. If the agency 3105
or governing authority is unable to negotiate a satisfactory 3106
contract with that firm, negotiations with that firm shall be 3107
terminated. The agency or governing authority shall then begin 3108
negotiations with the firm that is next preferred. If the agency 3109
or governing authority is unable to negotiate a satisfactory 3110
contract with any of the selected firms, the agency or governing 3111
authority shall reevaluate the construction management at risk, 3112
architectural, engineering, or land surveying services requested, 3113
including the estimated value, scope, complexity, and fee 3114
requirements. The agency or governing authority shall then 3115
compile a second list of not less than three (3) qualified firms 3116
and proceed in accordance with the provisions of this section. A 3117
firm negotiating a contract with an agency or governing authority 3118
shall negotiate subcontracts for architectural, engineering, and 3119
land surveying services at compensation that the firm determines 3120
in writing to be fair and reasonable based upon a written 3121
description of the scope of the proposed services. 3122
(11) (a) Except as otherwise provided in this section, the 3123
construction manager selected by the agency or governing authority 3124
to provide construction management at risk services shall solicit 3125
bids for construction on the project pursuant to Section 31-7-13. 3126
The construction manager shall be entitled to enter into contracts 3127
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for construction with the lowest and best bidders, as determined 3128
in consultation with the agency or governing authority. Before 3129
soliciting bids or entering into any such contract, the 3130
construction manager, in consultation with the agency or governing 3131
authority, may prequalify any contractors or vendors seeking to 3132
submit a bid on the project, taking into account defined 3133
qualifications which may include, but not be limited to, the 3134
following: 3135
(i) Past experience and performance record on 3136
projects of similar size and scope; 3137
(ii) Current financial status and ability to 3138
provide acceptable payment and performance bonds and meet defined 3139
insurance requirements; 3140
(iii) Current workload and backlog of committed 3141
work for the period scheduled for the project under consideration; 3142
(iv) Safety record to include prior citations and 3143
fines if applicable; 3144
(v) History of legal disputes or performance 3145
defaults; 3146
(vi) Identification and experience of project 3147
personnel and required manpower; 3148
(vii) Plan for and ability to meet the applicable 3149
project schedule; and 3150
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(viii) Any other qualification-based factors as 3151
the agency, governing authority or construction manager may 3152
determine are applicable. 3153
(b) The construction manager, in consultation with the 3154
agency or governing authority, shall publish the defined 3155
qualifications that shall be considered in the prequalification 3156
process at least two (2) weeks in advance of any prequalification 3157
of contractors or vendors seeking to submit a bid on the project. 3158
Publication shall be in a regular newspaper published in the 3159
county or municipality in which the agency or governing authority 3160
is located. The agency or governing authority shall also post the 3161
defined prequalification requirements on its website. 3162
(c) The failure of a bidder to provide information in a 3163
timely and complete manner in response to any prequalification 3164
process may result in the disqualification of such bidder in the 3165
discretion of the agency, governing authority, and construction 3166
manager. 3167
(d) Except as otherwise provided in Section 25-61-9, 3168
confidential and proprietary information furnished by a bidder 3169
pursuant to this section shall not be disclosed outside of the 3170
agency, governing authority, or construction manager without the 3171
prior written consent of the bidder. The bidder shall identify 3172
and label any information considered to be confidential and 3173
proprietary at the time of submission of the same to the agency, 3174
governing authority, or construction manager. 3175
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(12) The provisions of this section shall not affect any 3176
procurement by the Mississippi Transportation Commission. 3177
SECTION 51. Section 31-7-13.3, Mississippi Code of 1972, is 3178
brought forward as follows: 3179
31-7-13.3. (1) Any governing authority accepting electronic 3180
bid submissions for procurements may charge the bidder a fee, or 3181
may require a fee to be paid to a third-party service provider, 3182
for an electronic bid submission. The amount of the fee shall not 3183
exceed Fifty Dollars ($50.00) per bid. 3184
(2) Any governing authority using the reverse auction method 3185
of procurement may charge the winning bidder a fee, or require the 3186
winning bidder to pay a fee to a third-party service provider, for 3187
participation in a reverse auction. The amount of the fee shall 3188
not exceed four percent (4%) of the winning bid amount. 3189
SECTION 52. Section 31-7-14, Mississippi Code of 1972, is 3190
brought forward as follows: 3191
31-7-14. (1) (a) For purposes of this section, the 3192
following words and phrases shall have the meaning ascribed 3193
herein, unless the context clearly indicates otherwise: 3194
(i) "Division" means the Energy Division of the 3195
Mississippi Development Authority. 3196
(ii) "Energy services" or "energy efficient 3197
services" means energy efficiency equipment, services relating to 3198
the installation, operation and maintenance of equipment and 3199
improvements reasonably required to existing or new equipment and 3200
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existing or new improvements and facilities including, but not 3201
limited to, heating, ventilation and air-conditioning systems, 3202
lighting, windows, insulation and energy management controls, life 3203
safety measures that provide long-term operating-cost reductions, 3204
building operation programs that reduce operating costs, 3205
alternative fuel motor vehicles including vehicles that have been 3206
converted to such and ancillary equipment related to or associated 3207
with the fueling of alternative fuel motor vehicles, or other 3208
energy-conservation-related improvements, including improvements 3209
or equipment related to renewable energy, water and other natural 3210
resources conservation, including accuracy and measurement of 3211
water distribution and/or consumption, and other equipment, 3212
services and improvements providing verifiable cost savings. 3213
(iii) "Energy services provider" means a person or 3214
business with a successful record of documented energy savings 3215
projects that is experienced in the design, implementation and 3216
installation of energy conservation measures; has the technical 3217
capabilities to verify that such measures generate energy and 3218
operational cost savings or enhanced revenues; has the ability to 3219
guarantee the savings; has the ability to secure or arrange the 3220
financing necessary to support the implementation of the energy 3221
conservation measures; and is approved by the division. 3222
Approval by the division of an energy services provider shall 3223
be granted in a prequalification process. 3224
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Such energy services providers may petition the division to 3225
review their qualifications and deem them to be qualified for 3226
inclusion on a prequalification list if they meet the 3227
qualifications set forth by the division. 3228
Any energy services project that has been competitively bid 3229
and awarded prior to any change in law shall be allowed to 3230
continue under the laws current at the time the project was 3231
awarded. 3232
The division shall ensure that small businesses are not 3233
disadvantaged in the determination of a qualified energy services 3234
provider. 3235
(iv) "Entity" means the board of trustees of any 3236
public school district, junior college, institution of higher 3237
learning, publicly owned hospital, state agency or governmental 3238
authority under this chapter. 3239
(v) "Energy services contract" means an agreement 3240
to provide energy services which include, but are not limited to, 3241
the design, installation, financing and maintenance or management 3242
of the energy systems or equipment in order to improve its energy 3243
efficiency. Payments for the contract are not contingent upon the 3244
actual savings realized from the equipment. 3245
(vi) "Energy performance contract" means an 3246
agreement to provide energy services which includes, but is not 3247
limited to, the design, installation, financing and maintenance or 3248
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management of the energy systems or equipment in order to improve 3249
its energy efficiency. 3250
(vii) "Shared-savings contract" means an agreement 3251
where the contractor and the entity each receive a preagreed 3252
percentage or dollar value of the energy cost savings over the 3253
life of the contract. 3254
(viii) "Reduce operating costs" means elimination 3255
of future expenses or avoidance of future replacement expenditures 3256
as a result of new equipment installed or services performed. 3257
Material savings, labor savings, cancelled maintenance contracts, 3258
et cetera, shall be considered as being viable to reduce operating 3259
costs. Reduce operating costs may be included in the performance 3260
contract or energy services agreement solely at the discretion of 3261
the entity. A contract that otherwise satisfies the requirements 3262
of this section shall satisfy the requirements allowing use of an 3263
energy performance, energy services or shared-savings contract 3264
even if the sole expense being eliminated is maintenance expense. 3265
(ix) "Capital cost avoidance" means planned 3266
capital improvement expenditures that will be avoided through 3267
implementation of the energy services project. Capital cost 3268
avoidance may be included in an energy services contract or an 3269
energy performance contract solely at the discretion of the 3270
entity. Capital cost avoidance may be claimed as an annual 3271
avoidance or as a one-time avoidance in a specific year of the 3272
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contract term, depending upon the nature of the avoided capital 3273
cost. 3274
(x) "Alternative fuel motor vehicle" means a motor 3275
vehicle propelled by alternative fuel either as a dedicated 3276
alternative fuel vehicle, as a bi-fuel vehicle using alternative 3277
fuel as one of its fuels, or as a dual fuel vehicle using 3278
alternative fuel as one of its fuels. 3279
(xi) "Energy conservation measure" means the 3280
individual items or components of a large energy services or 3281
energy efficient services program. 3282
(xii) "Simple payback period" means the amount of 3283
time for the recuperation of the initial investment. The simple 3284
payback period is calculated by dividing the initial investment by 3285
the annual savings. The simple payback period for any contract 3286
shall not exceed twenty (20) years. The simple payback period of 3287
an individual energy conservation measure shall not be considered 3288
in any evaluation provided the simple payback period for the 3289
contract does not exceed twenty (20) years. 3290
(b) An entity may, using any sources of funding 3291
available to the entity, enter into an energy services contract, 3292
energy performance contract, shared-savings contract, any of which 3293
may contain a lease, or lease-purchase contract for energy 3294
efficiency equipment, services relating to the installation, 3295
operation and maintenance of equipment or improvements reasonably 3296
required to existing or new equipment and existing or new 3297
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improvements and facilities and shall contract in accordance with 3298
the following provisions: 3299
(i) The division may assemble a list of 3300
prequalified energy services providers. The division shall use 3301
objective criteria in the selection process. The criteria for 3302
evaluation shall include, but shall not be limited to, the 3303
following factors: to assess the capability of the qualified 3304
energy services provider in the area of design engineering, 3305
installation, maintenance and repairs associated with energy 3306
services or guaranteed energy performance contracts; 3307
qualifications including engineering depth and experience, 3308
post-installation project monitoring, data collection, and 3309
verification of and reporting of savings; overall project 3310
experience and qualifications; management capability; ability to 3311
access long-term sources of project financing; financial health 3312
and stability, litigation history with customers and other factors 3313
determined by the division to be relevant and appropriate and 3314
related to the ability to perform the project. The division shall 3315
either accept or reject an application for prequalification from 3316
an energy services provider within sixty (60) days after receipt. 3317
If the division fails to act within sixty (60) days from the date 3318
of receiving an application, then the application shall 3319
automatically be accepted and the energy services provider shall 3320
be added to the prequalified list. 3321
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(ii) An entity shall publicly issue requests for 3322
proposals, advertised in the same manner as provided in Section 3323
31-7-13 for seeking competitive sealed bids, concerning the 3324
provision of energy efficiency services relating to the 3325
installation, operation and maintenance of equipment, improvements 3326
reasonably required to existing or new equipment and existing or 3327
new improvements and facilities or the design, installation, 3328
ownership, operation and maintenance of energy efficiency 3329
equipment. Those requests for proposals shall contain terms and 3330
conditions relating to submission of proposals, evaluation and 3331
selection of proposals, financial terms, legal responsibilities, 3332
and any other matters as the entity determines to be appropriate 3333
for inclusion. 3334
(iii) Upon receiving responses to the request for 3335
proposals, the entity may select the most qualified proposal or 3336
proposals on the basis of experience and qualifications of the 3337
proposers, the technical approach, the financial arrangements, the 3338
overall benefits to the entity and any other relevant factors 3339
determined to be appropriate. 3340
(iv) An entity shall negotiate and enter into 3341
contracts with the person, persons, firm or firms submitting the 3342
proposal selected as the most qualified under this section. 3343
(v) The annual rate of interest paid under any 3344
lease-purchase agreement authorized by this section shall not 3345
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exceed the maximum interest rate to maturity on general obligation 3346
indebtedness permitted under Section 75-17-101. 3347
(vi) The maximum lease-purchase term for any 3348
equipment acquired under this section shall not exceed the lesser 3349
of twenty (20) years or the average useful life of the energy 3350
conservation measures from the date the energy conservation 3351
measures have been completed and accepted by the governmental 3352
unit. 3353
(vii) This subsection shall, with respect to the 3354
procurement of energy efficiency services and/or equipment, 3355
supersede any contradictory or conflicting provisions of Chapter 3356
7, Title 31, Mississippi Code of 1972, and other laws with respect 3357
to awarding public contracts. 3358
(2) (a) The division may contract with a party selected 3359
under this subsection to provide financing to entities and private 3360
"nonprofit" hospitals, to purchase energy efficiency equipment, 3361
services relating to the installation, operation and maintenance 3362
of equipment or improvements reasonably required to existing or 3363
new equipment and existing or new improvements and facilities or 3364
an energy saving performance contract, energy services contract, 3365
or lease-purchase basis. Any energy efficiency lease financing 3366
contract entered into by the division before May 15, 1992, shall 3367
be valid and binding when the contract was entered into under this 3368
subsection. 3369
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(b) The entities and private "nonprofit" hospitals that 3370
decide to contract for energy efficiency equipment, services 3371
relating to the installation, operation and maintenance of 3372
equipment or improvements reasonably required to existing or new 3373
equipment and existing or new improvements and facilities on a 3374
lease, energy services contract or lease-purchase basis, may 3375
request financial assistance from the division. 3376
(c) The provisions of any energy efficiency 3377
lease-purchase agreements authorized under this subsection (2) 3378
shall comply with the requirements of subsection (1)(b)(v) of this 3379
section. The term of any lease or lease-purchase agreement for 3380
energy efficiency services and/or equipment entered into under 3381
this section shall not exceed twenty (20) years, commencing on the 3382
completion of the installation of equipment or improvements under 3383
the contract. 3384
(d) Any entity or private "nonprofit" hospital having 3385
approval of the division may borrow money in anticipation of 3386
entering into a lease-purchase agreement pursuant to subsection 3387
(2)(b) of this section. Any borrowing may be upon terms and 3388
conditions as may be agreed upon by the borrowing entity and the 3389
party advancing interim funds; however, the principal on any 3390
borrowing shall be repaid within a period of time not to exceed 3391
one hundred eighty (180) days. In borrowing money under this 3392
paragraph (d), it is not necessary to publish notice of intention 3393
to do so or to secure the consent of the qualified electors, 3394
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either by election or otherwise. Any borrowing may be negotiated 3395
between the parties and is not required to be publicly bid, may be 3396
evidenced by negotiable notes or lease and shall not be considered 3397
when computing any limitation of indebtedness of the borrowing 3398
entity established by law. The principal, interest and costs of 3399
incurring any borrowing shall not exceed the principal amount of 3400
the final contract or agreement approved by the division, and 3401
accepted by the borrowing entity, under subsection (2)(b) of this 3402
section. 3403
(e) This subsection (2) shall, with respect to the 3404
procurement of energy efficiency services and/or equipment, 3405
supersede the provisions of any contradictory or conflicting 3406
provisions of Chapter 7, Title 31, Mississippi Code of 1972, and 3407
other laws with respect to awarding public contracts. 3408
(3) All lease-purchase agreements authorized by this section 3409
and the income from those agreements shall be exempt from all 3410
taxation within the State of Mississippi, except gift, transfer 3411
and inheritance taxes. 3412
(4) (a) An entity may contract for energy efficiency 3413
equipment services relating to the installation, operation or 3414
maintenance of equipment or improvements reasonably required to 3415
existing or new equipment and existing or new improvements and 3416
facilities on a shared-savings basis or performance basis. 3417
(b) If an entity decides to enter into a contract for 3418
energy efficiency equipment, services relating to the 3419
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installation, operation or maintenance of equipment or 3420
improvements reasonably required to existing or new equipment and 3421
existing or new improvements and facilities on a shared-savings 3422
basis or performance basis, the entity shall issue a request for 3423
proposals or a request for qualifications, as determined necessary 3424
by the division, in the same manner as prescribed under subsection 3425
(1)(b) of this section. The entity shall notify the division in 3426
writing of its intention to issue a request for proposals or a 3427
request for qualifications. 3428
(c) The terms of any shared-savings contract, energy 3429
services contract, or energy performance contract entered into 3430
under this section may not exceed twenty (20) years, commencing on 3431
the completion of the installation of equipment or improvements 3432
under the contract. 3433
(d) The terms of any shared-savings or energy 3434
performance contract entered into under this section must contain 3435
a guarantee of savings clause from the company providing energy 3436
efficiency equipment services relating to the installation, 3437
operation and maintenance of equipment or improvements reasonably 3438
required to existing or new equipment and existing or new 3439
improvements and facilities. 3440
(5) (a) By March 1 and September 1 of each year, each 3441
entity that enters into an energy performance contract or 3442
shared-savings contract shall report to the division its energy 3443
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usage by meter in dollars and consumption by fuel type for the 3444
previous six-month period determined by the division. 3445
(b) The division shall remove qualified status of an 3446
energy services provider that fails to meet the reporting 3447
requirements of paragraph (a) of this subsection after two (2) 3448
such violations. 3449
(c) Any costs associated with the reporting made under 3450
this subsection (5) shall be paid by the energy services provider. 3451
(6) The contract may be construed to provide flexibility to 3452
public agencies in structuring agreements entered into hereunder 3453
so that economic benefits may be maximized. 3454
(7) This section shall stand repealed on July 1, 2028. 3455
SECTION 53. Section 31-7-14.1, Mississippi Code of 1972, is 3456
brought forward as follows: 3457
31-7-14.1. (1) Any agency as defined in this chapter that 3458
receives state budgetary consideration and has submitted a 3459
detailed energy management plan to the Energy Division of the 3460
Department of Economic and Community Development, referred to in 3461
this section as "division," as required under Section 57-39-111 3462
shall undertake energy efficiency projects for the purpose of 3463
producing energy and/or dollar savings whereby a portion of the 3464
savings may be retained by the participating agency. The plan 3465
shall describe specific measures to be implemented to reduce the 3466
agency's energy consumption by energy unit measure or energy cost. 3467
The division shall provide assistance in preparing the detailed 3468
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energy management plan according to prescribed guidelines and 3469
reporting procedures. The plan shall specify a project 3470
description of the energy efficiency measures to be undertaken, 3471
including, but not limited to, type of measure, cost, estimated 3472
savings in dollars and energy units, project and measure location, 3473
and terms and conditions of project financing. 3474
(2) (a) Utilizing data submitted under Sections 57-39-107 3475
and 57-39-109, the division shall develop and approve energy 3476
consumption baselines before project implementation, if feasible, 3477
and measure energy consumption after project implementation 3478
considering adjustments for any agency growth or reduction and 3479
seasonal variances, and calculate total energy savings. The 3480
division shall derive a baseline use allocation to be utilized and 3481
submitted in each participating agency's annual budget. 3482
(b) For purposes of this section, "net savings" and 3483
"net revenues" mean any funds remaining after payment of project 3484
capital costs, including debt service, and other payments and 3485
reserves as required by a bond resolution, loan agreement or other 3486
financing agreement and payment of project operating and 3487
maintenance expenses. 3488
(3) Net savings and net revenues generated from projects 3489
shall be apportioned as follows: 3490
(a) Any agency initiating energy savings through the 3491
implementation of an energy efficiency project may retain one-half 3492
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(1/2) of all such net savings which may be used for any 3493
nonrecurring capital projects; and 3494
(b) The remaining net savings and net revenues from 3495
conservation projects shall be remitted to the State General Fund. 3496
The Energy Division shall verify the net savings and net 3497
revenues on an annual basis. 3498
(4) The use by an agency of net savings and net revenues 3499
from energy efficiency projects shall be in addition to, and shall 3500
not supplant or replace, funding from traditional sources for 3501
their normal operations and maintenance or capital budgets. It is 3502
the intent of this subsection to ensure that the agencies receive 3503
the full benefit intended by this section, and that the effect 3504
will not be diminished by budget adjustments inconsistent with 3505
this intent. 3506
SECTION 54. Section 31-7-15, Mississippi Code of 1972, is 3507
brought forward as follows: 3508
31-7-15. (1) Whenever two (2) or more competitive bids are 3509
received, one or more of which relates to commodities grown, 3510
processed or manufactured within this state, and whenever all 3511
things stated in such received bids are equal with respect to 3512
price, quality and service, the commodities grown, processed or 3513
manufactured within this state shall be given preference. A 3514
similar preference shall be given to commodities grown, processed 3515
or manufactured within this state whenever purchases are made 3516
without competitive bids, and when practical the Department of 3517
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Finance and Administration may by regulation establish reasonable 3518
preferential policies for other commodities, giving preference to 3519
resident suppliers of this state. 3520
(2) Any foreign manufacturing company with a factory in the 3521
state and with over fifty (50) employees working in the state 3522
shall have preference over any other foreign company where both 3523
price and quality are the same, regardless of where the product is 3524
manufactured. 3525
(3) On or before January 1, 1991, the Department of Finance 3526
and Administration shall adopt bid and product specifications to 3527
be utilized by all state agencies that encourage the procurement 3528
of commodities made from recovered materials. Preference in 3529
awarding contracts for commodities shall be given to commodities 3530
offered at a competitive price. 3531
(4) Each state agency is required to procure products made 3532
from recovered materials when those products are available at a 3533
competitive price. For purposes of this subsection, "competitive 3534
price" means a price not greater than ten percent (10%) above the 3535
lowest and best bidder. A decision not to procure products made 3536
from recovered materials must be based on a determination that 3537
such procurement: 3538
(a) Is not available within a reasonable period of 3539
time; or 3540
(b) Fails to meet the performance standards set forth 3541
in the applicable specifications; or 3542
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(c) Is not available at a competitive price. 3543
(5) Whenever economically feasible, each state agency is 3544
required to purchase products manufactured or sold by the 3545
Mississippi Industries for the Blind. 3546
SECTION 55. Section 31-7-16, Mississippi Code of 1972, is 3547
brought forward as follows: 3548
31-7-16. In the event equipment is required which is capable 3549
of being manufactured or assembled in separate units such as 3550
school bus chassis and bodies or other bodies of equipment 3551
installed upon chassis, and there is a manufacturer of such bodies 3552
located within the State of Mississippi, a public purchase may be 3553
made of such chassis and such body or equipment as separate items. 3554
SECTION 56. Section 31-7-18, Mississippi Code of 1972, is 3555
brought forward as follows: 3556
31-7-18. In addition to the method of purchasing authorized 3557
in this chapter, said governing authorities are hereby authorized 3558
to accept the lowest bid received from a motor vehicle dealer 3559
domiciled within the county of the governing authority for the 3560
purchase of any motor vehicle having a gross vehicle weight rating 3561
of less than twenty-six thousand (26,000) pounds that shall not 3562
exceed a sum equal to three percent (3%) greater than the price or 3563
cost which the dealer pays the manufacturer, as evidenced by the 3564
factory invoice for the motor vehicle. In the event said county 3565
does not have an authorized motor vehicle dealer, said board or 3566
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governing authority may, in like manner, receive bids from motor 3567
vehicle dealers in any adjoining county. 3568
No purchase of a motor vehicle under the provisions of this 3569
section shall be valid unless the purchase is made according to 3570
statutory bidding and licensing requirements. Provided, however, 3571
that the governing authorities may choose to purchase a motor 3572
vehicle from the authorized state contract dealer without having 3573
to advertise and receive bids therefor. 3574
No purchase shall be made in excess of the approved state 3575
contract price by any of the aforementioned governing authorities 3576
when such authorities are situated, wholly or in part in the 3577
county wherein the authorized state contract dealer for a 3578
particular item is domiciled. 3579
SECTION 57. Section 31-7-21, Mississippi Code of 1972, is 3580
brought forward as follows: 3581
31-7-21. The provisions of this chapter shall neither repeal 3582
nor modify the functions of the Governor's Office of General 3583
Services as set forth in Sections 31-11-1 through 31-11-89. 3584
SECTION 58. Section 31-7-23, Mississippi Code of 1972, is 3585
brought forward as follows: 3586
31-7-23. Any rebates, refunds, coupons, merit points, 3587
gratuities or any article of value tendered or received by any 3588
agency or governing authority from any vendor of material, 3589
supplies, equipment or other articles shall inure to the benefit 3590
of the agency or governing authority making the purchase. The 3591
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agency or governing authority may, in accordance with its best 3592
interest, either take delivery of the article of value tendered 3593
and use the same or convert it to cash by selling it for its fair 3594
and reasonable value, making use of the proceeds from such sale 3595
for the exclusive benefit of the agency or governing authority. 3596
SECTION 59. Section 31-7-38, Mississippi Code of 1972, is 3597
brought forward as follows: 3598
31-7-38. The board of trustees or governing board of any 3599
hospital or regional mental health center owned or owned and 3600
operated separately or jointly by the State of Mississippi or any 3601
of its branches, agencies, departments or subdivisions, or by one 3602
or more counties, cities, towns, supervisors districts or election 3603
districts, or combinations thereof, may authorize by resolution 3604
the organization and operation of, or the participation in, a 3605
group purchasing program with other hospitals or regional mental 3606
health centers, for the purchase of supplies, commodities and 3607
equipment when it appears to the board of trustees or governing 3608
board that such a group purchasing program could or would affect 3609
economy or efficiency in their operations. Purchases by hospitals 3610
or regional mental health centers participating in group 3611
purchasing programs of supplies, commodities and equipment through 3612
such programs shall be exempt from the provisions of Sections 3613
31-7-9, 31-7-10, 31-7-11, 31-7-12 and 31-7-13. 3614
SECTION 60. Section 31-7-47, Mississippi Code of 1972, is 3615
brought forward as follows: 3616
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31-7-47. In the letting of public contracts, preference 3617
shall be given to resident contractors, and a nonresident bidder 3618
domiciled in a state, city, county, parish, province, nation or 3619
political subdivision having laws granting preference to local 3620
contractors shall be awarded Mississippi public contracts only on 3621
the same basis as the nonresident bidder's state, city, county, 3622
parish, province, nation or political subdivision awards contracts 3623
to Mississippi contractors bidding under similar circumstances. 3624
Resident contractors actually domiciled in Mississippi, be they 3625
corporate, individuals or partnerships, are to be granted 3626
preference over nonresidents in awarding of contracts in the same 3627
manner and to the same extent as provided by the laws of the 3628
state, city, county, parish, province, nation or political 3629
subdivision of domicile of the nonresident. 3630
SECTION 61. Section 31-7-49, Mississippi Code of 1972, is 3631
brought forward as follows: 3632
31-7-49. In placing orders for purchases under bids received 3633
and contracts awarded under the provisions of this chapter, the 3634
governing authority, by orders entered on its minutes, may 3635
authorize its members, or agents designated by its order, to place 3636
orders for the purchase of such supplies and materials from time 3637
to time during the period covered by the contract, as such 3638
supplies and materials are needed. Claims for such supplies so 3639
ordered by an individual board member or other duly authorized 3640
agent shall not be allowed and paid by the board until such claims 3641
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shall have been approved in writing by the individual board member 3642
or agent who ordered such supplies or the successor to such member 3643
or agent. 3644
SECTION 62. Section 31-7-53, Mississippi Code of 1972, is 3645
brought forward as follows: 3646
31-7-53. In making any and all purchases of fertilizer for 3647
all state institutions and agencies, the board, officer, or 3648
employee given the authority to make such purchases shall take 3649
into consideration the chemical analysis and percentage of plant 3650
food unit value in such fertilizer in determining the lowest and 3651
best bid. No awards of contracts shall be made until the best 3652
price is determined on the basis of the chemical analysis as to 3653
the plant food unit value of the product, and the contract shall 3654
be awarded on the basis of such an analysis of the plant food unit 3655
value. 3656
This section does not apply for the purchase of material by 3657
research agencies of the state for use in experimental projects. 3658
The State Penitentiary Board, the Board of Trustees of the 3659
State Institutions of Higher Learning, and any other agency, 3660
department, or board of trustees of the State of Mississippi are 3661
hereby authorized to purchase all needed quantities of anhydrous 3662
ammonia and ammonium nitrate fertilizers available through the 3663
facilities of Mississippi State University of Agriculture and 3664
Applied Science. Such purchase may be at public or private sale, 3665
provided that such fertilizers can be obtained for not more than 3666
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the price that the same are then available to such board, agency, 3667
or department from any other source. 3668
SECTION 63. Section 31-7-55, Mississippi Code of 1972, is 3669
brought forward as follows: 3670
31-7-55. [For penalties applicable to violations occurring 3671
between January 1, 1981, and August 15, 1988, the following 3672
provisions govern.] 3673
(1) It is hereby declared to be unlawful and a violation of 3674
public policy of the State of Mississippi for any elected or 3675
appointed public officer of the state or the executive head of a 3676
state board, commission, department, subdivision of the state 3677
government or governing authority to make any purchases without 3678
the full compliance with the provisions of Chapter 7, Title 31, 3679
Mississippi Code of 1972. Any elected or appointed public officer 3680
of the state or the executive head of a state board, commission, 3681
department, subdivision of the state government or governing 3682
authority who violates the provisions of Chapter 7, Title 31, 3683
Mississippi Code of 1972, shall be deemed guilty of a misdemeanor 3684
and, upon conviction therefor, shall be fined not less than One 3685
Hundred Dollars ($100.00) and not more than Five Hundred Dollars 3686
($500.00) for each separate offense, or sentenced to the county 3687
jail for not more than six (6) months, or both such fine and 3688
imprisonment, and shall be removed from his office or position. 3689
(2) Any person diverting the benefits of any article of 3690
value tendered or received by any agency or governing authority to 3691
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his or her personal use, in violation of Section 31-7-23, shall be 3692
guilty of a misdemeanor and, upon conviction, shall be punished by 3693
a fine of not less than One Hundred Dollars ($100.00) nor more 3694
than Five Hundred Dollars ($500.00), or sentenced to the county 3695
jail for not more than six (6) months, or by both such fine and 3696
imprisonment, and shall be required to return the money value of 3697
the article unlawfully diverted to the agency involved. 3698
[The following provisions apply to violations which occur on 3699
or after August 16, 1988.] 3700
(1) It is hereby declared to be unlawful and a violation of 3701
public policy of the State of Mississippi for any elected or 3702
appointed public officer of an agency or a governing authority, or 3703
the executive head, any employee or agent of an agency or 3704
governing authority to make any purchases without the full 3705
compliance with the provisions of Chapter 7, Title 31, Mississippi 3706
Code of 1972. 3707
(2) Except as otherwise provided in subsection (4) of this 3708
section, any person who intentionally, willfully and knowingly 3709
violates the provisions of Chapter 7, Title 31, Mississippi Code 3710
of 1972, shall be deemed guilty of a misdemeanor and, upon 3711
conviction thereof, shall be fined not less than One Hundred 3712
Dollars ($100.00) and not more than Five Hundred Dollars ($500.00) 3713
for each separate offense, or sentenced to the county jail for not 3714
more than six (6) months, or both such fine and imprisonment, and 3715
shall be removed from his office or position. 3716
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(3) Any person who intentionally, willfully and knowingly 3717
violates the provisions of subsection (1) of Section 31-7-57 shall 3718
be guilty of a misdemeanor and, upon conviction thereof, shall be 3719
fined not less than One Hundred Dollars ($100.00) and not more 3720
than Five Hundred Dollars ($500.00), or sentenced to the county 3721
jail for not more than six (6) months, or both such fine and 3722
imprisonment, and shall be removed from his office or position. 3723
(4) Any person diverting the benefits of any article of 3724
value tendered or received by any agency or governing authority to 3725
his or her personal use, in violation of Section 31-7-23, if the 3726
value of such article be less than Five Hundred Dollars ($500.00), 3727
shall be guilty of a misdemeanor and, upon conviction, shall be 3728
punished by a fine of not less than One Hundred Dollars ($100.00) 3729
nor more than Five Hundred Dollars ($500.00), or sentenced to the 3730
county jail for not more than six (6) months, or by both such fine 3731
and imprisonment, shall be removed from his office or position, 3732
and shall be required to return the money value of the article 3733
unlawfully diverted to the agency or governing authority involved. 3734
If the value of the article be Five Hundred Dollars ($500.00) or 3735
more, such person shall be guilty of a felony and, upon 3736
conviction, shall be punished by a fine of not less than One 3737
Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars 3738
($5,000.00), or sentenced to the Department of Corrections for not 3739
less than one (1) year nor more than five (5) years, or by both 3740
such fine and imprisonment, shall be removed from his office or 3741
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position, and shall be required to return the money value of the 3742
article unlawfully diverted to the agency or governing authority 3743
involved. 3744
(5) The provisions of this section are supplemental to any 3745
other criminal statutes of this state. 3746
SECTION 64. Section 31-7-57, Mississippi Code of 1972, is 3747
brought forward as follows: 3748
31-7-57. (1) Any elected or appointed public officer of an 3749
agency or a governing authority, or the executive head, any 3750
employee or agent of an agency or governing authority, who 3751
appropriates or authorizes the expenditure of any money to an 3752
object not authorized by law, shall be liable personally for up to 3753
the full amount of the appropriation or expenditure as will fully 3754
and completely compensate and repay such public funds for any 3755
actual loss caused by such appropriation or expenditure, to be 3756
recovered by suit in the name of the governmental entity involved, 3757
or in the name of any person who is a taxpayer suing for the use 3758
of the governmental entity involved, and such taxpayer shall be 3759
liable for costs in such case. In the case of a governing board 3760
of an agency or governing authority, only the individual members 3761
of the governing board who voted for the appropriation or 3762
authorization for expenditure shall be liable under this 3763
subsection. 3764
(2) No individual member, officer, employee or agent of any 3765
agency or board of a governing authority shall let contracts or 3766
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purchase commodities or equipment except in the manner provided by 3767
law, including the provisions of Section 25-9-120(3), Mississippi 3768
Code of 1972, relating to personal and professional service 3769
contracts by state agencies; nor shall any such agency or board of 3770
a governing authority ratify any such contract or purchase made by 3771
any individual member, officer, employee or agent thereof, or pay 3772
for the same out of public funds unless such contract or purchase 3773
was made in the manner provided by law; provided, however, that 3774
any vendor who, in good faith, delivers commodities or printing or 3775
performs any services under a contract to or for the agency or 3776
governing authority, shall be entitled to recover the fair market 3777
value of such commodities, printing or services, notwithstanding 3778
some error or failure by the agency or governing authority to 3779
follow the law, if the contract was for an object authorized by 3780
law and the vendor had no control of, participation in, or actual 3781
knowledge of the error or failure by the agency or governing 3782
authority. 3783
(3) The individual members, officers, employees or agents of 3784
any agency or governing authority as defined in Section 31-7-1 3785
causing any public funds to be expended, any contract made or let, 3786
any payment made on any contract or any purchase made, or any 3787
payment made, in any manner whatsoever, contrary to or without 3788
complying with any statute of the State of Mississippi, regulating 3789
or prescribing the manner in which such contracts shall be let, 3790
payment on any contract made, purchase made, or any other payment 3791
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or expenditure made, shall be liable, individually, and upon their 3792
official bond, for compensatory damages, in such sum up to the 3793
full amount of such contract, purchase, expenditure or payment as 3794
will fully and completely compensate and repay such public funds 3795
for any actual loss caused by such unlawful expenditure. 3796
(4) In addition to the foregoing provision, for any 3797
violation of any statute of the State of Mississippi prescribing 3798
the manner in which contracts shall be let, purchases made, 3799
expenditure or payment made, any individual member, officer, 3800
employee or agent of any agency or governing authority who shall 3801
substantially depart from the statutory method of letting 3802
contracts, making payments thereon, making purchases or expending 3803
public funds shall be liable, individually and on his official 3804
bond, for penal damages in such amount as may be assessed by any 3805
court of competent jurisdiction, up to three (3) times the amount 3806
of the contract, purchase, expenditure or payment. The person so 3807
charged may offer mitigating circumstances to be considered by the 3808
court in the assessment of any penal damages. 3809
(5) Any sum recovered under the provisions hereof shall be 3810
credited to the account from which such unlawful expenditure was 3811
made. 3812
(6) Except as otherwise provided in subsection (1) of this 3813
section, any individual member of an agency or governing authority 3814
as defined in Section 31-7-1 shall not be individually liable 3815
under this section if he voted against payment for contracts let 3816
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or purchases made contrary to law and had his vote recorded in the 3817
official minutes of the board or governing authority at the time 3818
of such vote, or was absent at the time of such vote. 3819
SECTION 65. Section 31-7-59, Mississippi Code of 1972, is 3820
brought forward as follows: 3821
31-7-59. (1) Any municipality of over one hundred thousand 3822
(100,000) population, according to the latest decennial census and 3823
qualified to do so, is hereby empowered to purchase from the 3824
General Services Administration of the United States of America, 3825
without advertising for bids, any and all articles of supplies and 3826
equipment necessary for the operation of said municipality so long 3827
as the purchase price of such articles is below the purchase price 3828
of similar articles on a state contract accepted by the Office of 3829
General Services. 3830
(2) The aforesaid supplies and equipment may likewise 3831
be purchased from the General Services Administration without 3832
advertising for bids even though the Office of General Services 3833
does not have same listed on statewide contracts so long as the 3834
purchase price thereof is ten percent (10%) below the latest 3835
purchase price of comparable supplies and equipment. 3836
SECTION 66. Section 31-7-61, Mississippi Code of 1972, is 3837
brought forward as follows: 3838
31-7-61. It shall be unlawful for any person knowingly to 3839
purchase or to authorize or requisition the purchase of beef other 3840
than beef raised and produced within the United States when such 3841
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purchase is to be paid by the state government or any of its 3842
political subdivisions out of public funds of any nature. 3843
However, all canned meats not available which are processed in the 3844
United States shall be exempt from Sections 31-7-61 through 3845
31-7-65. 3846
SECTION 67. Section 31-7-63, Mississippi Code of 1972, is 3847
brought forward as follows: 3848
31-7-63. Any person who violates the provisions of Section 3849
31-7-61 shall be guilty of a misdemeanor and upon conviction shall 3850
be punished by imprisonment for not more than thirty (30) days or 3851
by a fine of not less than One Hundred Dollars ($100.00) nor more 3852
than Five Hundred Dollars ($500.00). In addition to any criminal 3853
sanction authorized herein, a civil proceeding may be brought by a 3854
district attorney or county prosecuting attorney for recovery of 3855
funds paid out in violation of this section. 3856
SECTION 68. Section 31-7-65, Mississippi Code of 1972, is 3857
brought forward as follows: 3858
31-7-65. The Commissioner of Agriculture and Commerce of the 3859
State of Mississippi shall notify all state agencies, political 3860
subdivisions or public institutions within the State of 3861
Mississippi as to the provisions of Sections 31-7-61 through 3862
31-7-65. 3863
SECTION 69. Section 31-7-67, Mississippi Code of 1972, is 3864
brought forward as follows: 3865
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31-7-67. (1) For the purposes of this section, the 3866
following words and phrases shall have the meanings ascribed in 3867
this section unless the context clearly indicates otherwise: 3868
(a) "sUAS" means a small unmanned aircraft system, also 3869
called a drone, including the unmanned aircraft itself and any 3870
additional support equipment, control stations, data links, 3871
telemetry, communications and navigation equipment or any other 3872
equipment necessary to operate the unmanned aircraft. 3873
(b) "Domestic manufacturer" means a manufacturing 3874
company incorporated and headquartered in the United States of 3875
America and whose majority ownership is comprised of American 3876
citizens and which manufactures drones at a facility in the United 3877
States of America. If such company is owned by another entity, 3878
that entity must also be an American company. 3879
(c) "Domestic sUAS company" means a company which 3880
provides maintenance, repair, and other technical services for 3881
small unmanned aircraft systems, including drones, which is 3882
incorporated, headquartered and primarily provides such services 3883
in the United States of America. 3884
(d) "Collision avoidance system" means a system of 3885
hardware or software designed to mitigate collision risk for 3886
drones. 3887
(2) Beginning January 1, 2025, all small unmanned aircraft 3888
systems and drones purchased by the State of Mississippi or any 3889
agency or political subdivision thereof shall be purchased 3890
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exclusively from a domestic manufacturer and shall possess 3891
collision avoidance systems. All maintenance, repair and other 3892
technical services on drones owned by the State of Mississippi or 3893
any agency or political subdivision thereof shall be performed by 3894
a domestic sUAS company. All infrastructure inspection services 3895
requiring the use of sUAS and contracted for on behalf of the 3896
State shall be performed using domestically manufactured sUAS. 3897
(3) In public procurement under Title 31, Chapter 7, 3898
domestic manufacturers operating within the State of Mississippi 3899
shall be granted a ten percent (10%) bid preference over 3900
non-Mississippi manufacturers and domestic sUAS companies shall be 3901
granted a ten percent (10%) bid preference over non-Mississippi 3902
companies. Additionally, all agencies and public entities may 3903
solicit a minimum of one (1) bid from a Mississippi-based small 3904
unmanned aircraft system manufacturer. 3905
(4) Except as provided in subsection (6), an agency may not 3906
purchase or operate a small unmanned aircraft system manufactured 3907
in the People's Republic of China. For purposes of this section, 3908
the term "manufactured" includes a small unmanned aircraft system 3909
that is assembled in a country other than the People's Republic of 3910
China but which is comprised of more than a negligible amount of 3911
parts, software, components or raw materials originating in the 3912
People's Republic of China. 3913
(5) The provisions of this section shall not apply to a 3914
state institution of higher learning with a federally designated 3915
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research center when such institution is conducting research 3916
regarding sUAS and related matters. 3917
(6) The provisions of this section shall not apply to small 3918
unmanned aircraft systems manufactured in the People's Republic of 3919
China and purchased prior to January 1, 2025. 3920
SECTION 70. Section 31-7-73, Mississippi Code of 1972, is 3921
brought forward as follows: 3922
31-7-73. Any state agency, as defined in Section 31-7-1, 3923
Mississippi Code of 1972, shall be authorized and empowered, in 3924
its discretion, to enter into an energy performance contract, 3925
energy services contract, on a shared-savings, lease or 3926
lease-purchase basis, for energy efficiency services and/or 3927
equipment as provided for in Section 31-7-14. 3928
SECTION 71. Section 31-7-301, Mississippi Code of 1972, is 3929
brought forward as follows: 3930
31-7-301. (1) The Legislature hereby declares that it is 3931
essential to the efficient operation of public bodies of this 3932
state that adequate supplies of goods and services continue to be 3933
available from private sources; that the good name and credit of 3934
the state may be promoted by timely and responsible payment of 3935
just claims; and that fair compensation be awarded suppliers when 3936
payments of their claims are delayed without justification. 3937
(2) The term "public bodies" shall mean all state agencies, 3938
political subdivisions, school districts, municipalities and 3939
public corporations, whether created by charter, statute or 3940
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executive order, whether supported wholly or in part by public 3941
funds, or which expend public funds. 3942
SECTION 72. Section 31-7-303, Mississippi Code of 1972, is 3943
brought forward as follows: 3944
31-7-303. (1) The requisition for payment of an invoice 3945
submitted to a public body and required by law to be filed with 3946
the State Fiscal Management Board shall be filed with the State 3947
Fiscal Management Board not later than thirty (30) days after 3948
receipt of the invoice and receipt, inspection and approval of the 3949
goods or services, except that in the case of a bona fide dispute 3950
the requisition for payment shall contain a statement of the 3951
dispute and authorize payment only in the amount not disputed. If 3952
a requisition for payment filed within the thirty-day period is 3953
returned by the State Fiscal Management Board because of an error, 3954
it shall nevertheless be deemed timely filed. The thirty-day 3955
filing requirement may be waived by the State Fiscal Management 3956
Board on a showing of exceptional circumstances in accordance with 3957
rules and regulations established by the State Fiscal Management 3958
Board. 3959
(2) The warrant, in payment of an invoice submitted to a 3960
public body of the state, shall be mailed or otherwise delivered 3961
by the public body not later than fifteen (15) days after filing 3962
of the requisition for payment; however, this requirement may be 3963
waived by the State Fiscal Management Board on a showing of 3964
exceptional circumstances in accordance with rules and regulations 3965
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of the State Fiscal Management Board or as otherwise provided in 3966
Section 7-7-35, Mississippi Code of 1972. 3967
SECTION 73. Section 31-7-305, Mississippi Code of 1972, is 3968
brought forward as follows: 3969
31-7-305. (1) All public bodies of the state, including 3970
those which issue checks and those which file requisitions for 3971
payment with the State Fiscal Management Board, shall keep a 3972
record of the date of receipt of the invoice, dates of receipt, 3973
inspection and approval of the goods or services, date of issuing 3974
the check or date of filing the requisition for payment, as the 3975
case may be, and date of mailing or otherwise delivering the 3976
warrant or check in payment thereof. In the event that the State 3977
Fiscal Management Board mails or otherwise delivers the warrant 3978
directly to the claimant, pursuant to Section 7-7-35, Mississippi 3979
Code of 1972, the State Fiscal Management Board shall notify the 3980
public body of the date thereof. The provisions of this section 3981
are supplemental to the requirements of Sections 19-13-29, 3982
21-39-7, 21-39-13 and 37-5-93, Mississippi Code of 1972. 3983
(2) All public bodies that are authorized to issue checks in 3984
payment of goods and services and are not required to issue 3985
requisitions for payment to the State Fiscal Management Board 3986
shall mail or otherwise deliver such checks no later than 3987
forty-five (45) days after receipt of the invoice and receipt, 3988
inspection and approval of the goods or services; however, in the 3989
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event of a bona fide dispute, the public body shall pay only the 3990
amount not disputed. 3991
(3) If a warrant or check, as the case may be, in payment of 3992
an invoice is not mailed or otherwise delivered within forty-five 3993
(45) days after receipt of the invoice and receipt, inspection and 3994
approval of the goods and services, the public body shall be 3995
liable to the vendor, in addition to the amount of the invoice, 3996
for interest at a rate of one and one-half percent (1-1/2%) per 3997
month or portion thereof on the unpaid balance from the expiration 3998
of such forty-five-day period until such time as the warrant or 3999
check is mailed or otherwise delivered to the vendor. The 4000
provisions of this subsection (3) shall apply only to undisputed 4001
amounts for which payment has been authorized. In the case of an 4002
error on the part of the vendor, the forty-five-day period shall 4003
begin to run upon receipt of a corrected invoice by the public 4004
body and upon compliance with the other provisions of this 4005
section. The various public bodies shall be responsible for 4006
initiating the penalty payments required by this subsection and 4007
shall use this subsection as authority to make such payments. 4008
Also, at the time of initiating such penalty payment, the public 4009
body shall specify in writing an explanation of the delay and 4010
shall attach such explanation to the requisition for payment of 4011
the penalty or to the file copy of the check issued by the public 4012
body, as the case may be. 4013
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(4) (a) In the event of a bona fide dispute as to an 4014
invoice, or any portion thereof, the dispute shall be settled 4015
within thirty (30) days after interest penalties could begin to be 4016
assessed, if it were not for the dispute. 4017
(b) If a warrant or check, as the case may be, in 4018
payment of an invoice, subject to a prior dispute, is not mailed 4019
or otherwise delivered within thirty (30) days after settlement of 4020
the dispute, the public body shall be liable to the vendor, in 4021
addition to the amount of the invoice, for interest at a rate of 4022
one and one-half percent (1-1/2%) per month or portion thereof on 4023
the unpaid balance from the expiration of said thirty-day period 4024
until such time as the warrant or check is mailed or otherwise 4025
delivered to the vendor. At the time of initiating such penalty 4026
payment, the public body shall specify in writing an explanation 4027
of the delay and shall attach such explanation to the requisition 4028
for payment of the penalty or to the file copy of the check issued 4029
by the public body, as the case may be. The interest penalty 4030
prescribed in this paragraph shall be in lieu of the penalty 4031
provided in subsection (3). 4032
SECTION 74. Section 31-7-307, Mississippi Code of 1972, is 4033
brought forward as follows: 4034
31-7-307. (1) The budget request submitted by a public body 4035
to the Legislature shall specifically disclose the amount of any 4036
interest paid by any public body pursuant to Sections 31-7-301 4037
through 31-7-317. However, no provision of Sections 31-7-301 4038
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through 31-7-317 authorizes a new appropriation to cover such 4039
interest penalties, and public bodies shall not seek to increase 4040
appropriations for the purpose of obtaining funds to pay any 4041
interest penalties. 4042
(2) All public bodies of the state, including those which 4043
issue checks and those which file requisitions for payment with 4044
the State Fiscal Management Board, shall monthly notify the State 4045
Fiscal Management Board of the number and dollar amount of late 4046
payments by the public body along with the amounts of interest 4047
paid and the specific steps being taken to reduce the incidence of 4048
late payments. 4049
(3) If the terms of the invoice provide a discount for 4050
payment in less than forty-five (45) days, public bodies shall 4051
preferentially process it and use all diligence to obtain the 4052
savings by compliance with the invoice terms, if it would be cost 4053
effective. 4054
SECTION 75. Section 31-7-309, Mississippi Code of 1972, is 4055
brought forward as follows: 4056
31-7-309. Whenever a vendor brings formal administrative or 4057
judicial action to collect interest due under Sections 31-7-301 4058
through 31-7-317, the public body shall be required to pay any 4059
reasonable attorney's fees if the vendor prevails. 4060
SECTION 76. Section 31-7-311, Mississippi Code of 1972, is 4061
brought forward as follows: 4062
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31-7-311. The State Fiscal Management Board shall submit to 4063
the Appropriations Committee of each house of the Legislature by 4064
January 15 of each year a report summarizing the payment record 4065
for the preceding fiscal year. The report shall include the 4066
number and dollar amount of late payments by each public body 4067
along with the amounts of interest paid and the specific steps 4068
being taken to reduce the incidence of late payments. 4069
SECTION 77. Section 31-7-313, Mississippi Code of 1972, is 4070
brought forward as follows: 4071
31-7-313. The State Fiscal Management Board is authorized 4072
and directed to adopt and promulgate rules and regulations 4073
necessary to implement this section. 4074
SECTION 78. Section 31-7-315, Mississippi Code of 1972, is 4075
brought forward as follows: 4076
31-7-315. Sections 31-7-301 through 31-7-317 shall not 4077
affect payment under public works contracts as provided in 4078
Sections 31-5-25 and 31-5-27, Mississippi Code of 1972. 4079
SECTION 79. Section 31-7-317, Mississippi Code of 1972, is 4080
brought forward as follows: 4081
31-7-317. (1) The Governor's Office of General Services 4082
shall study the feasibility of: 4083
(a) Requiring the Bureau of Purchasing to act as 4084
purchasing agent for state agencies; 4085
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(b) Requiring the Bureau of Purchasing to purchase 4086
frequently used products and supplies and warehouse them for state 4087
agencies, especially in the Jackson metropolitan area; and 4088
(c) A small business/minority set-aside program. 4089
(2) On or before January 15, 1987, the Governor's Office of 4090
General Services shall transmit its written report of the 4091
feasibility studies to the Legislature, along with its 4092
recommendations and an estimate of the fiscal impact of the 4093
recommendations. If the Governor's Office of General Services 4094
recommends that the bureau should be required to act as purchasing 4095
agent for smaller state agencies, the report shall include a list 4096
of state agencies to be included. 4097
SECTION 80. Section 31-7-401, Mississippi Code of 1972, is 4098
brought forward as follows: 4099
31-7-401. Except as otherwise provided by law, the 4100
provisions of Sections 31-7-401 through 31-7-423 shall apply to 4101
every procurement of commodities, supplies, equipment, 4102
construction, technology, personal and professional services other 4103
than those in Section 27-104-7(2)(f) and (8), state agency 4104
employee benefits, supplemental insurance and cafeteria plans, 4105
that are solicited by any state agency by a request for proposals 4106
or request for qualifications, except any personal or professional 4107
services contract entered into by an agency for the design, 4108
operation or maintenance of museum exhibits, purchases made by an 4109
agency related to the fabrication, construction, installation or 4110
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refurbishing of museum exhibits. The following provisions are 4111
intended to ensure that the best practices for soliciting requests 4112
for proposals or requests for qualifications are implemented. Any 4113
agency that is required to receive approval by the Public 4114
Procurement Review Board before entering into a personal or 4115
professional services contract as provided in subsection (2)(g) of 4116
Section 27-104-7 shall implement the best practices specified in 4117
Sections 31-7-401 through 31-7-423. The Public Procurement Review 4118
Board shall promulgate any necessary rules and regulations to 4119
administer the provisions of Sections 31-7-401 through 31-7-423. 4120
SECTION 81. Section 31-7-403, Mississippi Code of 1972, is 4121
brought forward as follows: 4122
31-7-403. Conditions for use. (1) Competitive sealed 4123
bidding is the preferred method of procurement; however, if it is 4124
not practicable and advantageous, a request for proposals or 4125
request for qualifications may be used. The terms "practicable" 4126
and "advantageous" are to be given ordinary dictionary meanings. 4127
The term "practicable" denotes what may be accomplished or put 4128
into practical application. "Advantageous" denotes a judgmental 4129
assessment of what is in the state's best interest. 4130
(2) The following factors shall be considered when 4131
determining advantageousness: 4132
(a) The need for flexibility; 4133
(b) The type of evaluations that will be needed after 4134
offers are received; 4135
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(c) Whether the evaluation factors involve the relative 4136
abilities of offerers to perform, including degrees of technical 4137
or professional experience or expertise; 4138
(d) Whether the type of need to be satisfied involves 4139
weighing artistic and aesthetic values to the extent that price is 4140
a secondary consideration; 4141
(e) Whether the types of supplies, services or 4142
construction may require the use of comparative judgmental 4143
evaluations to evaluate them adequately; and 4144
(f) Whether prior procurements indicate that a request 4145
for proposals may result in more beneficial contracts for the 4146
state. 4147
(3) The following factors shall be considered when 4148
determining practicability: 4149
(a) Whether the contract needs to be a contract other 4150
than a fixed-price type contract; 4151
(b) Whether oral or written discussions may need to be 4152
conducted with offerers concerning technical and price aspects of 4153
their proposals; 4154
(c) Whether offerers may need to be afforded the 4155
opportunity to revise their proposals, including price; 4156
(d) Whether the award may need to be based upon a 4157
comparative evaluation of differing price and contractual factors 4158
as well as quality factors that include technical and performance 4159
capability and the content of the technical proposal; and 4160
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(e) Whether the primary consideration in determining 4161
award may not be price. 4162
(4) On or before January 1 of each year, and every time a 4163
chief procurement officer is hired, each state agency shall 4164
provide to the state purchasing agent the name of the state 4165
agency's chief procurement officer and information identifying the 4166
state agency's central purchasing office, if applicable. If the 4167
chief procurement officer of an agency or his or her designee 4168
determines, in writing, that the use of competitive sealed bidding 4169
is either not practicable or not advantageous to the state, he or 4170
she shall submit a detailed explanation of the reasons for that 4171
determination to the Public Procurement Review Board. If the 4172
Public Procurement Review Board determines that competitive sealed 4173
bidding is either not practicable or not advantageous to the 4174
state, then a contract may be entered into for the procurement of 4175
commodities, supplies, equipment, construction, technology, 4176
personal and professional services, state agency purchased 4177
employee benefits or state agency supplemental insurance and 4178
cafeteria plans, by a request for proposals or request for 4179
qualifications. However, these procurements contracted for 4180
through a request for proposals or request for qualifications may 4181
not be combined or included in a contract with other procurements 4182
that are required to be procured through competitive sealed 4183
bidding so as to avoid the statutory obligation for procurement 4184
through competitive sealed bidding. The board may modify or 4185
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revoke its determination at any time, and the determination should 4186
be reviewed for current applicability from time to time. 4187
In addition to determining whether a request for proposals or 4188
request for qualifications would be practicable and advantageous 4189
to the state, when making the decision to use a request for 4190
proposals or request for qualifications, the chief procurement 4191
officer shall consider the following factors: 4192
(a) Whether quality, availability or capability is 4193
overriding in relation to price in procurements for research and 4194
development, technical supplies or services; 4195
(b) Whether the initial installation needs to be 4196
evaluated together with later maintenance and service capabilities 4197
and what priority should be given to these requirements in the 4198
best interests of the state; and 4199
(c) Whether the marketplace will respond better to a 4200
solicitation permitting not only a range of alternative proposals 4201
but evaluation and discussion of them before making the award. 4202
SECTION 82. Section 31-7-405, Mississippi Code of 1972, is 4203
brought forward as follows: 4204
31-7-405. Content of the request for proposals or request 4205
for qualifications. (1) The request for proposals or request for 4206
qualifications shall include the following: 4207
(a) Instructions and information to offerers concerning 4208
the request for proposals or request for qualifications submission 4209
requirements, including the time and date set for receipt of 4210
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proposals or qualifications, the address of the office to which 4211
proposals or qualifications are to be delivered, the maximum time 4212
for proposal or qualification acceptance by the state, the manner 4213
in which proposals or qualifications are to be submitted, 4214
including any forms for that purpose and any other special 4215
information; 4216
(b) The purchase description, evaluation factors, 4217
delivery or performance schedule and any inspection and acceptance 4218
requirements that are not included in the purchase description; 4219
(c) The contract terms and conditions, including 4220
warranty and bonding or other security requirements, as 4221
applicable; 4222
(d) A statement that discussions may be conducted with 4223
offerers who submit proposals or qualifications determined to be 4224
reasonably susceptible of being selected for the award, but that 4225
proposals or qualifications may be accepted without such 4226
discussions; and 4227
(e) A statement of when and how price should be 4228
submitted. 4229
(2) The request for proposals or request for qualifications 4230
may incorporate documents by reference provided that the request 4231
for proposals or request for qualifications specifies where those 4232
documents can be obtained. 4233
(3) Proposal or qualification preparation time shall be set 4234
to provide offerers a reasonable time to prepare their proposals 4235
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or qualifications. A minimum of thirty (30) days shall be 4236
provided unless a shorter time is deemed necessary for a 4237
particular procurement as determined in writing by the chief 4238
procurement officer of the requesting agency. 4239
SECTION 83. Section 31-7-407, Mississippi Code of 1972, is 4240
brought forward as follows: 4241
31-7-407. Public notice. (1) In addition to any method of 4242
public notice regarding the solicitation of requests for proposals 4243
or requests for qualifications currently being used by state 4244
agencies, the chief procurement officer shall also have posted on 4245
the Mississippi procurement portal and on the soliciting agency's 4246
website, public notification of a pending procurement through 4247
request for proposals or request for qualifications. The notice 4248
shall include the following: 4249
(a) The due date for responses; 4250
(b) The name and phone number of the officer conducting 4251
the procurement; and 4252
(c) The means of obtaining the solicitation. 4253
(2) The notice shall be posted at least thirty (30) days 4254
before the date that proposals or qualifications are to be 4255
submitted to the chief procurement officer, unless a shorter time 4256
is deemed necessary for a particular procurement as determined in 4257
writing by the chief procurement officer of the requesting agency. 4258
(3) Each chief procurement officer may determine that other 4259
methods of public notification are best for that particular agency 4260
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or that particular request for proposals or request for 4261
qualifications. If such a determination is made, the chief 4262
procurement officer may provide notice in an alternative manner 4263
about the request for proposals or request for qualifications in 4264
addition to the methods provided for in Sections 31-7-401 through 4265
31-7-423. 4266
(4) The Department of Finance and Administration (DFA) shall 4267
monitor agency websites and the Mississippi procurement portal to 4268
ensure that the agencies are posting the required notice. DFA 4269
shall audit agencies and report its findings to the Chairs of the 4270
House of Representatives and Senate Accountability, Efficiency and 4271
Transparency Committees and House of Representatives and Senate 4272
Appropriations Committees by December 31 of each year. 4273
SECTION 84. Section 31-7-409, Mississippi Code of 1972, is 4274
brought forward as follows: 4275
31-7-409. Pre-proposal conferences. (1) Pre-proposal 4276
conferences may be conducted to explain the procurement 4277
requirements. If a chief procurement officer plans to hold such a 4278
conference, he or she shall prominently place the notification in 4279
the request for proposals or request for qualifications 4280
solicitation. The notification shall include the date, time and 4281
location of the conference. If the chief procurement officer 4282
decides to hold a pre-proposal conference after the request for 4283
proposals or request for qualifications has been sent out, then he 4284
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or she shall notify all prospective offerers known to have 4285
received a request for proposals or request for qualifications. 4286
(2) If a pre-proposal conference is held, it shall be at 4287
least fourteen (14) days after the request for proposals or 4288
request for qualifications has been issued. In setting the time 4289
for the conference, the chief procurement officer shall consider 4290
the complexity of the procurement and the potential modifications 4291
that may need to be made after the conference and any amendments 4292
to the solicitation that the chief procurement officer may need to 4293
make after the conference. 4294
(3) The chief procurement officer issuing the request for 4295
proposals or request for qualifications shall serve as chair of 4296
the conference. Offerers attending the conference shall be 4297
required to sign an attendance sheet provided by the soliciting 4298
agency. The chair shall announce at the beginning of the 4299
conference how the conference is to be handled. The conference 4300
shall be recorded. A chief procurement officer may mandate 4301
attendance at a conference if he or she feels it is critical to 4302
understanding the solicitation. Once the conference is over, the 4303
chief procurement officer shall put the recordings from the 4304
conference and the questions and answers from the conference in 4305
writing and send them to the offerers who received the request for 4306
proposals or request for qualifications and post them on the 4307
Mississippi procurement portal and the soliciting agency's 4308
website. 4309
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SECTION 85. Section 31-7-411, Mississippi Code of 1972, is 4310
brought forward as follows: 4311
31-7-411. Drafting the request for proposals or request for 4312
qualifications. (1) In addition to the items listed in Sections 4313
31-7-401 through 31-7-423, the contents of a request for proposals 4314
or request for qualifications shall also include the following: 4315
(a) A statement that discussions may be conducted with 4316
offerers who submit proposals or qualifications determined to be 4317
reasonably susceptible of being selected for the award, but that 4318
proposals or qualifications may also be accepted without those 4319
discussions; and 4320
(b) A statement of when and how price should be 4321
submitted. 4322
(2) The request for proposals or request for qualifications 4323
shall indicate, either by the order listed, weights or some other 4324
manner, the order of importance of the evaluation criteria. 4325
(3) The request for proposals or request for qualifications, 4326
its amendments, the offerer's proposals or qualifications and the 4327
best and final offer shall constitute the contract. 4328
SECTION 86. Section 31-7-413, Mississippi Code of 1972, is 4329
brought forward as follows: 4330
31-7-413. Evaluation factors in the request for proposals or 4331
request for qualifications. (1) When the chief procurement 4332
officer submits the determination that the use of competitive 4333
sealed bidding is either not practicable or not advantageous to 4334
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the state to the Public Procurement Review Board for its approval, 4335
he or she shall include in that submission the evaluation factors 4336
that will be used in reviewing the submitted proposals or 4337
qualifications. The evaluation factors shall be approved by the 4338
Public Procurement Review Board in the same way that the decision 4339
to solicit procurements through a request for proposals or request 4340
for qualifications must be approved. 4341
(2) (a) The request for proposals or request for 4342
qualifications shall state all of the approved evaluation factors, 4343
including price, and their relative importance. When the chief 4344
procurement officer is determining the weights and importance of 4345
each evaluation factor, price as an evaluation factor shall be 4346
given the highest criteria weighting and at least thirty-five 4347
percent (35%) out of the one hundred percent (100%) total weight 4348
of all the other evaluation factors. The evaluation shall be 4349
based on the evaluation factors set forth in the request for 4350
proposals or request for qualifications. The evaluation factors 4351
used and the weights given to each shall be decided and agreed to 4352
by the evaluation committee before the opening of any proposal or 4353
qualification. Numerical rating systems shall be used when 4354
determining the weight and importance of each evaluation factor. 4355
Factors not specified in the request for proposals or request for 4356
qualifications shall not be considered. Upon completion of the 4357
evaluation, the evaluation score sheets used to review the 4358
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submitted proposals or qualifications shall be made part of the 4359
report required under Section 31-7-423(1). 4360
(b) The following, as appropriate to individual 4361
circumstances, shall be used as criteria for evaluating requests 4362
for proposals or requests for qualifications under the request for 4363
proposals or request for qualifications process described in 4364
Sections 31-7-401 through 31-7-423. These factors are not 4365
intended to be limiting or all-inclusive, and they may be adapted 4366
or supplemented in order to meet a soliciting agency's individual 4367
needs as the competitive procurement process requires. 4368
(i) Technical factors (Proposed methodology): 4369
a. Does the offerer's proposal or 4370
qualification demonstrate a clear understanding of the scope of 4371
work and related objectives? 4372
b. Is the offerer's proposal or 4373
qualification complete and responsive to the specific request for 4374
proposals or request for qualifications requirements? 4375
c. Has the past performance of the 4376
offerer's proposed methodology been documented? 4377
d. Does the offerer's proposal or 4378
qualification use innovative technology and techniques? 4379
(ii) Management factors (Factors that will require 4380
the identity of the offerer to be revealed must be submitted 4381
separately from other factors): 4382
1. Project management: 4383
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a. How well does the proposed scheduling 4384
timeline meet the needs of the soliciting agency? 4385
b. Is there a project management plan? 4386
2. History and experience in performing the 4387
work: 4388
a. Does the offerer document a record of 4389
reliability of timely delivery and on-time and on-budget 4390
implementation? 4391
b. Does the offerer demonstrate a track 4392
record of service as evidenced by on-time, on-budget, and contract 4393
compliance performance? 4394
c. Does the offerer document industry or 4395
program experience? 4396
d. Does the offerer have a record of 4397
poor business ethics? 4398
3. Availability of personnel, facilities, 4399
equipment and other resources: 4400
a. To what extent does the offerer rely 4401
on in-house resources vs. contracted resources? 4402
b. Are the availability of in-house and 4403
contract resources documented? 4404
4. Qualification and experience of personnel: 4405
a. Documentation of experience in 4406
performing similar work by employees and when appropriate, 4407
sub-contractors? 4408
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b. Does the offerer demonstrate cultural 4409
sensitivity in hiring and training staff? 4410
(iii) Cost factors (Factors must be submitted 4411
separately from other factors unless specifically approved by the 4412
Public Procurement Review Board): 4413
1. Cost of goods to be provided or services 4414
to be performed: 4415
a. Relative cost: How does the cost 4416
compare to other similarly scored proposals or qualifications? 4417
b. Full explanation: Is the price and 4418
its component charges, fees, etc. adequately explained or 4419
documented? 4420
2. Assurances of performance: 4421
a. If required, are suitable bonds, 4422
warranties or guarantees provided? 4423
b. Does the proposal or qualification 4424
include quality control and assurance programs? 4425
3. Offerer's financial stability and 4426
strength: Does the offerer have sufficient financial resources to 4427
meet its obligations? 4428
SECTION 87. Section 31-7-415, Mississippi Code of 1972, is 4429
brought forward as follows: 4430
31-7-415. Evaluation committee. (1) Evaluation committees 4431
shall be used to evaluate request for proposals or request for 4432
qualifications and award contracts. Persons appointed to an 4433
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evaluation committee shall have the relevant experience necessary 4434
to evaluate the proposal or qualification. The members of the 4435
evaluation committee shall have no personal, financial or familial 4436
interest in any of the contract offerers, or principals thereof, 4437
to be evaluated. 4438
(2) The names of the members of the evaluation committee 4439
shall not be publicly disclosed until their evaluation report as 4440
required under Section 31-7-423(1). The members' names and job 4441
titles shall be made available to the public. Where evaluation 4442
committee members are not public employees, those members' names, 4443
educational and professional qualifications, and practical 4444
experience, that were the basis for the appointment, shall be made 4445
available to the public. 4446
(3) Before evaluating proposals or qualifications, each 4447
individual participating in the evaluation of a proposal or 4448
qualification shall execute a statement in accordance with 4449
subsection (1) of this section certifying that he or she does not 4450
have a conflict of interest. The statement shall be filed with 4451
the chief procurement officer of the soliciting agency, before 4452
beginning the evaluation process. The certification shall be as 4453
follows: 4454
"I hereby certify that I have reviewed the conflict of 4455
interest standards prescribed herein, and that I do not have a 4456
conflict of interest with respect to the evaluation of this 4457
proposal or qualification. I further certify that I am not 4458
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engaged in any negotiations or arrangements for prospective 4459
employment or association with any of the offerers submitting 4460
proposals or qualifications or their parent or subsidiary 4461
organization." 4462
(4) Committee members may conduct their work separately or 4463
together. 4464
(5) The committee may use advisors, as it deems necessary to 4465
give opinions on evaluating proposals or qualifications, except 4466
that such advisors shall be subject to the provisions of 4467
subsection (3) of this section. The names of the advisors shall 4468
be made public at the same time as members of the evaluation 4469
committee as provided in subsection (2) of this section. For the 4470
purposes of this section, the term "advisors" shall mean those 4471
individuals who provide such significant input to a member or 4472
members of the evaluation committee that the advisor's opinions 4473
are fundamental in shaping the committee member's evaluation of 4474
the submitted proposals or qualifications. 4475
(6) The process of establishing weighting criteria and 4476
evaluating proposals or qualifications shall result in a finding 4477
that a specific proposal or qualification is the most practical 4478
and advantageous, price and other factors considered, or that all 4479
proposals or qualifications should be rejected. 4480
SECTION 88. Section 31-7-417, Mississippi Code of 1972, is 4481
brought forward as follows: 4482
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31-7-417. Submitted proposals or qualifications shall be 4483
opened at the time designated for opening in the request for 4484
proposals or request for qualifications. Proposals or 4485
qualifications and modifications shall be date-stamped or time and 4486
date-stamped upon receipt and held in a secure place until the 4487
established due date. Electronic proposals or qualifications 4488
received will be stored in an electronic lockbox until the time 4489
designated for the opening of the proposal or qualification. 4490
SECTION 89. Section 31-7-419, Mississippi Code of 1972, is 4491
brought forward as follows: 4492
31-7-419. Evaluating submitted proposals or qualifications. 4493
(1) The evaluation committee shall evaluate proposals or 4494
qualifications only in accordance with the methodology and 4495
weighting criteria described in the request for proposals or 4496
request for qualifications. Proposals or qualifications shall be 4497
initially classified as: (a) acceptable; (b) potentially 4498
acceptable, which means reasonably susceptible of being made 4499
acceptable; or (c) unacceptable. Offerers whose proposals or 4500
qualifications are unacceptable shall be so notified promptly. 4501
(2) Discussions may be held with offerers to: 4502
(a) Promote understanding of the state's requirements 4503
and the offerer's proposals or qualifications; and 4504
(b) Facilitate arriving at a contract that will be the 4505
most practicable and advantageous to the state taking into 4506
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consideration price and the other evaluation factors set forth in 4507
the request for proposals or request for qualifications. 4508
(3) Offerers shall be accorded fair and equal treatment with 4509
respect to any opportunity for discussions and revisions of 4510
proposals or qualifications. Any discussions that take place 4511
under the provisions of this section shall be recorded and the 4512
recordings shall be made public upon award of the contract. The 4513
chief procurement officer shall establish procedures and schedules 4514
for conducting discussions. If, during discussions, there is a 4515
need for any substantial clarification of or change in the request 4516
for proposals or request for qualifications, the request shall be 4517
amended to incorporate the clarification or change. Auction 4518
techniques, revealing one offerer's price to another, and 4519
disclosure of any information derived from competing proposals is 4520
prohibited. Any substantial oral clarification of a proposal or 4521
qualification shall be reduced to writing by the offerer. 4522
SECTION 90. Section 31-7-421, Mississippi Code of 1972, is 4523
brought forward as follows: 4524
31-7-421. Best and final offers. The chief procurement 4525
officer shall establish a common date and time for the submission 4526
of best and final offers. Best and final offers shall be 4527
submitted only once; however, the chief procurement officer may 4528
make a written determination that it is in the state's best 4529
interest to conduct additional discussions or change the state's 4530
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requirements and require another submission of best and final 4531
offers. Otherwise, no discussion of or changes in the best and 4532
final offers shall be allowed before the award. Offerers shall 4533
also be informed that if they do not submit a notice of withdrawal 4534
or another best and final offer, their immediate previous offer 4535
will be construed as their best and final offer. 4536
SECTION 91. Section 31-7-423, Mississippi Code of 1972, is 4537
brought forward as follows: 4538
31-7-423. Awarding the contract. (1) After proposals or 4539
qualifications have been evaluated, the evaluation committee shall 4540
prepare a report evaluating and recommending the award of a 4541
contract or contracts. The report shall list the names of all 4542
potential offerers who submitted a proposal or qualification and 4543
shall summarize the proposals or qualifications of each offerer. 4544
The report shall rank offerers in order of evaluation, shall 4545
recommend the selection of an offerer or offerers, as appropriate, 4546
for a contract, shall be clear in the reasons why the offerer or 4547
offerers have been selected among others considered, and shall 4548
detail the terms, conditions, scope of services, fees and other 4549
matters to be incorporated into the contract. The report shall be 4550
available to the public at least forty-eight (48) hours before the 4551
awarding of the contract. 4552
(2) The chief procurement officer shall publish a notice on 4553
the agency's website and the Mississippi procurement portal 4554
summarizing the award of the contract, which shall include, but 4555
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not be limited to, the nature, duration and amount of the 4556
contract, the name of the offerer and a statement that the 4557
contract is on file and available for public inspection in the 4558
office of the chief procurement officer. 4559
SECTION 92. Section 31-8-1, Mississippi Code of 1972, is 4560
brought forward as follows: 4561
31-8-1. The purpose of this chapter is to provide a method 4562
to enable counties and municipalities to acquire public buildings, 4563
facilities and equipment through the use of rental contracts. 4564
This chapter shall be construed in conformity with such intention 4565
and shall be an alternative to those methods which may be 4566
otherwise provided by law. 4567
SECTION 93. Section 31-8-3, Mississippi Code of 1972, is 4568
brought forward as follows: 4569
31-8-3. The counties and municipalities of this state, 4570
acting by and through the governing authorities thereof, are 4571
hereby authorized and empowered to enter into lease agreements 4572
with any corporation, partnership, limited partnership, joint 4573
venture or individual under which the county or municipality may 4574
agree to lease a facility for use by the lessor for any of the 4575
following purposes for a primary term not to exceed twenty (20) 4576
years: 4577
(a) Public buildings; 4578
(b) Courthouses; 4579
(c) Office buildings; 4580
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(d) Jails; 4581
(e) Auditoriums; 4582
(f) Community centers; 4583
(g) Civic art centers; 4584
(h) Public libraries; 4585
(i) Gymnasiums; 4586
(j) Fire stations; and 4587
(k) Machinery and equipment for use in connection with 4588
any of the above, but shall not include office furniture and/or 4589
office machines, provided that the primary term of a lease with 4590
respect to machinery and equipment shall not exceed the estimated 4591
useful economic life of such machinery and equipment, as such 4592
useful economic life is mutually agreed upon by the lessor and 4593
lessee. 4594
Nothing in this section shall be construed to authorize the 4595
acquisition of public school buildings through the use of rental 4596
contracts. 4597
SECTION 94. Section 31-8-5, Mississippi Code of 1972, is 4598
brought forward as follows: 4599
31-8-5. All such leases shall contain an option granting to 4600
the county or municipality the right to purchase the leased 4601
property upon the expiration of the primary term, or upon such 4602
earlier date as may be agreed upon, at a price not to exceed the 4603
unpaid principal balance at such time. 4604
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SECTION 95. Section 31-8-7, Mississippi Code of 1972, is 4605
brought forward as follows: 4606
31-8-7. (1) The counties and municipalities of the state 4607
are authorized to lease publicly owned real property to any 4608
corporation, partnership, limited partnership, joint venture or 4609
individual for the purpose of enabling such person to construct or 4610
renovate thereon any of the buildings or facilities described in 4611
Section 31-8-1 and to lease such buildings and facilities to the 4612
county or municipality. No such ground lease shall be for a 4613
primary term in excess of the primary term of the lease with 4614
respect to the buildings and facilities to be constructed thereon. 4615
(2) The counties and municipalities of the state are 4616
authorized to sublease buildings and facilities leased pursuant to 4617
subsection (1) of this section to the United States Postal Service 4618
or to any state or federal governmental agency. Any sublease 4619
entered into pursuant to this subsection may contain an option 4620
granting the sublessee the right to purchase the leased property 4621
upon the expiration of the primary term of the sublease, or upon 4622
such earlier date as may be agreed upon, at a price not to exceed 4623
the unpaid principal balance at such time. 4624
Before entering into any lease agreement pursuant to this 4625
subsection, the board of supervisors or the governing authorities 4626
of the municipality shall follow and be subject to the same 4627
procedures regarding publishing notice, filing protest and holding 4628
an election specified for lease agreements under Section 31-8-11, 4629
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except that the notice shall not state that the rental is a 4630
continuing obligation and a charge against the general credit and 4631
leasing power of the county or municipality. 4632
SECTION 96. Section 31-8-9, Mississippi Code of 1972, is 4633
brought forward as follows: 4634
31-8-9. Subject to the provisions of this chapter, any such 4635
lease agreement may extend over any period, notwithstanding any 4636
provision or rule of law to the contrary, and any such lease 4637
agreement shall be binding upon the county or municipality and any 4638
other party thereto in accordance with its terms. Any such lease 4639
agreement may include, at the discretion of the governing 4640
authorities entering into the same, a pledge of the full faith and 4641
credit of such county or municipality for the payment of its 4642
monetary obligations thereunder; or may contain a provision that 4643
so long as no default of any monetary obligation of the lessee has 4644
occurred, the lessee's obligation to pay any amounts due or 4645
perform any covenants requiring or resulting in the expenditure of 4646
money shall be contingent and expressly limited to the extent of 4647
any specific appropriation made by the governing authorities to 4648
fund such lease agreement, and that nothing contained in the lease 4649
agreement shall be construed as creating any monetary obligation 4650
on the part of the lessee beyond such current and specific 4651
appropriation. Obligations incurred by a county or municipality 4652
under the provisions of this chapter secured by a pledge of its 4653
full faith and credit shall be included within the limitation on 4654
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bonded indebtedness established by law for counties and 4655
municipalities. 4656
SECTION 97. Section 31-8-11, Mississippi Code of 1972, is 4657
brought forward as follows: 4658
31-8-11. Before entering into any lease agreement pursuant 4659
to this chapter secured by a pledge of its full faith and credit, 4660
the governing authorities of any county or municipality shall 4661
publish notice of their intention to receive suitable proposals 4662
for the leasing of such buildings, facilities or equipment. Such 4663
notice shall specify the nature of the proposed building, facility 4664
or equipment, the general geographic area in which the same is to 4665
be located, the term of the proposed lease agreement, that the 4666
obligation to pay rentals during the primary term is to be a 4667
continuing obligation of and a charge against the general credit 4668
and leasing power of the county or municipality, and the date and 4669
hour on or before which such proposals may be received. Such 4670
notice shall be published by municipalities and counties in the 4671
same manner as required for publishing notice of intention to 4672
issue general obligation bonds of the county or municipality, as 4673
appropriate. If at least twenty percent (20%), or fifteen hundred 4674
(1500), of the qualified electors of a county, whichever is less, 4675
or at least ten percent (10%), or fifteen hundred (1500), of the 4676
qualified electors of a municipality, whichever is less, file a 4677
written protest with the appropriate governing authorities, then 4678
an election shall be called by the county in the same manner as 4679
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provided for the issuance of county general obligation bonds in 4680
Sections 19-9-11 through 19-9-17, Mississippi Code of 1972, or by 4681
a municipality in the same manner as provided for the issuance of 4682
municipal general obligation bonds in Sections 21-33-307 through 4683
21-33-311, Mississippi Code of 1972, to determine whether or not 4684
the proposed lease agreement may be executed by the county or 4685
municipality. The lease agreement shall be advertised for 4686
competitive sealed proposals once each week for two (2) 4687
consecutive weeks in a regular newspaper published or having a 4688
general circulation in the county or municipality of the governing 4689
authority. The date as published for the proposal opening shall 4690
be not less than five (5) working days after the last published 4691
notice. The lease shall be awarded to the person submitting the 4692
lowest and best proposal; however, all proposals may be rejected. 4693
SECTION 98. Section 31-8-13, Mississippi Code of 1972, is 4694
brought forward as follows: 4695
31-8-13. This chapter, without reference to any other 4696
statute, shall be deemed to be full and complete authority for the 4697
authorization, execution and delivery of lease agreements 4698
authorized hereunder, and shall be construed as an additional and 4699
alternative method therefor, and none of the present restrictions, 4700
requirements, conditions and limitations of law applicable to the 4701
acquisition, construction and drawing of buildings or facilities 4702
in this state shall apply to lease agreements under this chapter, 4703
and no proceedings shall be required for the authorization, 4704
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execution and delivery of such leases other than those required 4705
herein, and all powers necessary to be exercised in order to carry 4706
out the provisions of this chapter are hereby conferred. 4707
SECTION 99. Section 31-9-1, Mississippi Code of 1972, is 4708
brought forward as follows: 4709
31-9-1. (1) For purposes of this chapter, the term "Office 4710
of General Services" shall mean the Governor's Office of General 4711
Services acting through the Bureau of Surplus Property. 4712
(2) Wherever the term "Surplus Property Procurement 4713
Commission" appears in the laws of the State of Mississippi, it 4714
shall be construed to mean the Governor's Office of General 4715
Services. 4716
SECTION 100. Section 31-9-5, Mississippi Code of 1972, is 4717
brought forward as follows: 4718
31-9-5. (1) The Office of General Services with the 4719
approval of the Public Procurement Review Board shall negotiate 4720
and contract with any appropriate agency or commission of the 4721
United States government or of the State of Mississippi for the 4722
purpose of purchasing or otherwise securing surplus material or 4723
property in bulk lots or quantities, and for the purpose of 4724
assisting all agencies, departments, institutions and 4725
instrumentalities of the State of Mississippi, the boards of 4726
supervisors of the various counties, and the governing authorities 4727
of the various municipalities, drainage districts and other taxing 4728
units in purchasing, leasing or otherwise securing surplus 4729
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material or property. After ascertaining the needs of the various 4730
state departments and institutions, counties, municipalities, 4731
drainage districts and other taxing units, the Office of General 4732
Services may enter into contracts with the governing authorities 4733
of such governmental entities as will enable them to carry out the 4734
provisions of this section. 4735
(2) The Office of General Services also may acquire state or 4736
federal government surplus property for nonprofit and tax exempt 4737
health and educational institutions, Boy Scouts, Girl Scouts, Camp 4738
Fire Girls, military academies, volunteer fire departments, 4739
nonprofit cooperative water associations, Boys Clubs of America 4740
and Girls Clubs of America; however, deliveries to these 4741
institutions shall be made only after they have established their 4742
eligibility by meeting the requirements of the federal government, 4743
have requested the Office of General Services to act for them in 4744
acquiring government surplus property, and have agreed to comply 4745
with both the state and federal laws pertaining to acquisition and 4746
utilization of the property. 4747
(3) Any state agency, with the approval of the Office of 4748
General Services, is authorized and empowered, in the discretion 4749
of the governing board or authority of the state agency, to donate 4750
goods or services for the support of any local chapter of the 4751
American Red Cross. This subsection (3) shall stand repealed from 4752
and after July 1, 2005. 4753
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(4) The Office of General Services may do all other things 4754
which may be necessary to effectuate the purposes of this section. 4755
SECTION 101. Section 31-9-9, Mississippi Code of 1972, is 4756
brought forward as follows: 4757
31-9-9. All laws or parts of laws requiring the various 4758
state institutions, departments, and agencies, the boards of 4759
supervisors of the various counties, and the governing authorities 4760
of the various municipalities, drainage districts, and other 4761
taxing units to advertise or request and receive bids for the 4762
purchase of furniture, equipment, supplies, and other commodities 4763
are hereby waived for the purposes of this chapter and shall not 4764
be applicable to purchases made hereunder. 4765
SECTION 102. Section 31-9-13, Mississippi Code of 1972, is 4766
brought forward as follows: 4767
31-9-13. In lieu of regular appropriations, the Department 4768
of Finance and Administration may assess against each institution, 4769
agency or individual acquiring surplus property from and through 4770
the Department of Finance and Administration a fee or commission 4771
on each item in sufficient amount to establish and maintain a 4772
revolving fund, to be used to operate and support the Department 4773
of Finance and Administration, Office of Surplus Property's 4774
Federal Donation program. The Department of Finance and 4775
Administration shall follow the procedure outlined by the United 4776
States General Services Administration in establishing the fund, 4777
and the fund shall never exceed more than One Million Dollars 4778
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($1,000,000.00) above and beyond four (4) months of operating 4779
expenses of the Department of Finance and Administration. 4780
With this revolving fund so acquired, the Department of 4781
Finance and Administration shall meet all items of expense 4782
incurred in acquiring, transporting, warehousing and distributing 4783
property to eligible applicants and also all items of expense 4784
incident to the operation of the offices of the Department of 4785
Finance and Administration, including salaries, office supplies 4786
and necessary general expenses, and all other items as are covered 4787
by legislative appropriation for those purposes. 4788
The Department of Finance and Administration may escalate, 4789
budget and expend funds from the revolving fund in an amount not 4790
to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) in any 4791
one fiscal year to carry out the provisions of this section. 4792
SECTION 103. Section 31-9-15, Mississippi Code of 1972, is 4793
brought forward as follows: 4794
31-9-15. The Office of General Services shall furnish to the 4795
State Auditor of Public Accounts copies of transfers of property 4796
to state boards, commissions and agencies on all property 4797
transferred to such agencies, federal reviews, in addition to an 4798
inventory on all furniture, equipment, machinery and vehicles used 4799
by the Office of General Services in carrying out the purposes of 4800
this chapter. The Office of General Services shall likewise keep 4801
a perpetual current inventory on all property in books and 4802
records. 4803
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SECTION 104. Section 31-11-1, Mississippi Code of 1972, is 4804
brought forward as follows: 4805
31-11-1. (1) For purposes of this chapter, the term "State 4806
Building Commission" shall mean the Governor's Office of General 4807
Services acting through the Bureau of Building, Grounds and Real 4808
Property Management. 4809
(2) Wherever the term "State Building Commission" or 4810
"building commission" appears in the laws of the State of 4811
Mississippi, it shall be construed to mean the Governor's Office 4812
of General Services. 4813
SECTION 105. Section 31-11-3, Mississippi Code of 1972, is 4814
amended as follows: 4815
31-11-3. (1) The Department of Finance and Administration, 4816
for the purposes of carrying out the provisions of this chapter, 4817
in addition to all other rights and powers granted by law, shall 4818
have full power and authority to employ and compensate architects 4819
or other employees necessary for the purpose of making 4820
inspections, preparing plans and specifications, supervising the 4821
erection of any buildings, and making any repairs or additions as 4822
may be determined by the Department of Finance and Administration 4823
to be necessary, pursuant to the rules and regulations of the 4824
State Personnel Board. The department shall have entire control 4825
and supervision of, and determine what, if any, buildings, 4826
additions, repairs, demolitions or improvements are to be made 4827
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under the provisions of this chapter, subject to the regulations 4828
adopted by the Public Procurement Review Board. 4829
(2) The department shall have full power to erect buildings, 4830
make repairs, additions or improvements, demolitions, to grant or 4831
acquire easements or rights-of-way, and to buy materials, supplies 4832
and equipment for any of the institutions or departments of the 4833
state subject to the regulations adopted by the Public Procurement 4834
Review Board. In addition to other powers conferred, the 4835
department shall have full power and authority, as directed by the 4836
Legislature, or when funds have been appropriated for its use for 4837
these purposes, to: 4838
(a) Build a state office building; 4839
(b) Build suitable plants or buildings for the use and 4840
housing of any state schools or institutions, including the 4841
building of plants or buildings for new state schools or 4842
institutions, as provided for by the Legislature; 4843
(c) Provide state aid for the construction of school 4844
buildings; 4845
(d) Promote and develop the training of returned 4846
veterans of the United States in all sorts of educational and 4847
vocational learning to be supplied by the proper educational 4848
institution of the State of Mississippi, and in so doing allocate 4849
monies appropriated to it for these purposes to the Governor for 4850
use by him in setting up, maintaining and operating an office and 4851
employing a state director of on-the-job training for veterans and 4852
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the personnel necessary in carrying out Public Law No. 346 of the 4853
United States; 4854
(e) Build and equip a hospital and administration 4855
building at the Mississippi State Penitentiary; 4856
(f) Build and equip additional buildings and wards at 4857
the Boswell Retardation Center; 4858
(g) Construct a sewage disposal and treatment plant at 4859
the Mississippi State Hospital, and in so doing acquire additional 4860
land as may be necessary, and to exercise the right of eminent 4861
domain in the acquisition of this land; 4862
(h) Build and equip the Mississippi central market and 4863
purchase or acquire by eminent domain, if necessary, any lands 4864
needed for this purpose; 4865
(i) Build and equip suitable facilities for a training 4866
and employing center for the blind; 4867
(j) Build and equip a gymnasium at Columbia Training 4868
School; 4869
(k) Approve or disapprove the expenditure of any money 4870
appropriated by the Legislature when authorized by the bill making 4871
the appropriation; 4872
(l) Expend monies appropriated to it in paying the 4873
state's part of the cost of any street paving; 4874
(m) Sell and convey state lands when authorized by the 4875
Legislature, cause said lands to be properly surveyed and platted, 4876
execute all deeds or other legal instruments, and do any and all 4877
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other things required to effectively carry out the purpose and 4878
intent of the Legislature. Any transaction which involves state 4879
lands under the provisions of this paragraph shall be done in a 4880
manner consistent with the provisions of Section 29-1-1; 4881
(n) Collect and receive from educational institutions 4882
of the State of Mississippi monies required to be paid by these 4883
institutions to the state in carrying out any veterans' 4884
educational programs; 4885
(o) Purchase lands for building sites, or as additions 4886
to building sites, for the erection of buildings and other 4887
facilities which the department is authorized to erect, and 4888
demolish and dispose of old buildings, when necessary for the 4889
proper construction of new buildings. Any transaction which 4890
involves state lands under the provisions of this paragraph shall 4891
be done in a manner consistent with the provisions of Section 4892
29-1-1; 4893
(p) Obtain business property insurance with a 4894
deductible of not less than One Hundred Thousand Dollars 4895
($100,000.00) on state-owned buildings under the management and 4896
control of the department; 4897
(q) In consultation with and approval by the Chairmen 4898
of the Public Property Committees of the Senate and the House of 4899
Representatives, enter into contracts for the purpose of providing 4900
parking spaces for state employees who work in the Woolfolk 4901
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Building, the Carroll Gartin Justice Building or the Walter 4902
Sillers Office Building; and 4903
(r) The department is hereby authorized to transfer up 4904
to Three Million Dollars ($3,000,000.00) of available bond funds 4905
to each community college requesting to be exempt from department 4906
control and supervision relating to the repair, renovation and 4907
improvement of existing facilities owned by the community 4908
colleges, including utility infrastructure projects; heating and 4909
air conditioning systems; and the replacement of furniture and 4910
equipment. The community colleges shall abide by all applicable 4911
statutes related to the purchase of the repair, renovation and 4912
improvement of such existing facilities. This paragraph (r) shall 4913
stand repealed on July 1, 2028. 4914
(3) The department shall survey state-owned and 4915
state-utilized buildings to establish an estimate of the costs of 4916
architectural alterations, pursuant to the Americans With 4917
Disabilities Act of 1990, 42 USCS, Section 12111 et seq. The 4918
department shall establish priorities for making the identified 4919
architectural alterations and shall make known to the Legislative 4920
Budget Office and to the Legislature the required cost to 4921
effectuate such alterations. To meet the requirements of this 4922
section, the department shall use standards of accessibility that 4923
are at least as stringent as any applicable federal requirements 4924
and may consider: 4925
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(a) Federal minimum guidelines and requirements issued 4926
by the United States Architectural and Transportation Barriers 4927
Compliance Board and standards issued by other federal agencies; 4928
(b) The criteria contained in the American Standard 4929
Specifications for Making Buildings Accessible and Usable by the 4930
Physically Handicapped and any amendments thereto as approved by 4931
the American Standards Association, Incorporated (ANSI Standards); 4932
(c) Design manuals; 4933
(d) Applicable federal guidelines; 4934
(e) Current literature in the field; 4935
(f) Applicable safety standards; and 4936
(g) Any applicable environmental impact statements. 4937
(4) The department shall observe the provisions of Section 4938
31-5-23 in letting contracts and shall use Mississippi products, 4939
including paint, varnish and lacquer which contain as vehicles 4940
tung oil and either ester gum or modified resin (with rosin as the 4941
principal base of constituents), and turpentine shall be used as a 4942
solvent or thinner, where these products are available at a cost 4943
not to exceed the cost of products grown, produced, prepared, made 4944
or manufactured outside of the State of Mississippi. 4945
(5) The department shall have authority to accept grants, 4946
loans or donations from the United States government or from any 4947
other sources for the purpose of matching funds in carrying out 4948
the provisions of this chapter. 4949
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(6) The department shall build a wheelchair ramp at the War 4950
Memorial Building which complies with all applicable federal laws, 4951
regulations and specifications regarding wheelchair ramps. 4952
(7) The department shall review and preapprove all 4953
architectural or engineering service contracts entered into by any 4954
state agency, institution, commission, board or authority, 4955
regardless of the source of funding used to defray the costs of 4956
the construction or renovation project, for which services are to 4957
be obtained to ensure compliance with purchasing regulations and 4958
to confirm that the contracts are procured by a competitive 4959
qualification-based selection process except where such 4960
appointment is for an emergency project or for a continuation of a 4961
previous appointment for a directly related project. The 4962
provisions of this subsection (7) shall not apply to: 4963
(a) Any architectural or engineering contract fully 4964
paid for by self-generated funds of any of the state institutions 4965
of higher learning; 4966
(b) Any architectural or engineering contract that is 4967
self-administered at a state institution of higher learning as 4968
provided under Section 27-104-7(2)(b) or 37-101-15(m); 4969
(c) Community college projects that are fully funded 4970
from local funds or other nonstate sources which are outside the 4971
Department of Finance and Administration's appropriations or as 4972
directed by the Legislature; 4973
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(d) (i) The Mississippi Community College Board (MCCB) 4974
shall establish criteria for projects up to Ten Million Dollars 4975
($10,000,000.00) in value in order to make a determination to 4976
whether a community college may self-manage capital projects 4977
funded, in whole or in part, by general obligation bonds or other 4978
state source funds appropriated in lieu of general * * * 4979
obligation bonds of the State of Mississippi. The criteria to be 4980
considered shall include whether the community college employs 4981
applicable full-time personnel, including licensed architects, 4982
qualified construction engineers, and other experienced employees 4983
designated for the management of the construction of capital 4984
projects. The board may include additional criteria in making its 4985
determination, including site visits, existing college policies, 4986
and other relevant qualifications that may exist. 4987
(ii) Upon application by a community college for 4988
approval of an eligible self-management capital project, the board 4989
shall consider all criteria and make a determination at a meeting 4990
of the Mississippi Community College Board. 4991
(iii) Subsequent to a favorable approval 4992
determination by the Mississippi Community College Board, the 4993
established Board of Trustees of each college shall make a second 4994
determination as to whether it is in the best interest of the 4995
college to procure and self-manage all such contracts. 4996
(iv) If the criteria are met and the local board 4997
further determines that self-management is appropriate, a 4998
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memorandum of understanding shall be executed by the Mississippi 4999
Community College Board and the college. 5000
(e) Any construction or design projects of the State 5001
Military Department that are fully or partially funded from 5002
federal funds or other nonstate sources; and 5003
(f) Any project of the State Department of 5004
Transportation. 5005
(8) (a) The department shall have the authority to obtain 5006
annually from the state institutions of higher learning, the state 5007
community colleges and junior colleges, the Department of Mental 5008
Health, the Department of Corrections and the Department of 5009
Wildlife, Fisheries and Parks information on all renovation and 5010
repair expenditures for buildings under their operation and 5011
control, including duties, responsibilities and costs of any 5012
architect or engineer hired by any such institutions, and shall 5013
annually report the same to the Legislative Budget Office, the 5014
Chairman of the House Public Property Committee and the Chairman 5015
of the Senate Public Property Committee before September 1. 5016
(b) All state agencies, departments and institutions 5017
are required to cooperate with the Department of Finance and 5018
Administration in carrying out the provisions of this subsection. 5019
(c) Expenditures shall not include those amounts 5020
expended for janitorial, landscaping or administrative support, 5021
but shall include expenditures from both state and nonstate 5022
sources. 5023
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(d) Expenditures shall not include amounts expended by 5024
the department on behalf of state agencies, departments and 5025
institutions through the Department of Finance and Administration 5026
administered contracts, but shall include amounts transferred to 5027
the Department of Finance and Administration for support of such 5028
contracts. 5029
(9) As an alternative to other methods of awarding contracts 5030
as prescribed by law, the department may elect to use the method 5031
of contracting for construction projects set out in Sections 5032
31-7-13.1 and 31-7-13.2; however, the design-build method of 5033
construction contracting authorized under Section 31-7-13.1 may be 5034
used only when the Legislature has specifically required or 5035
authorized the use of this method in the legislation authorizing a 5036
project. 5037
(10) The department shall have the authority, for the 5038
purposes of carrying out the provisions of this chapter, and in 5039
addition to all other rights and powers granted by law, to create 5040
and maintain a list of suspended and debarred contractors and 5041
subcontractors. Consistent with this authority, the department 5042
may adopt regulations governing the suspension or debarment of 5043
contractors and subcontractors, which regulations shall be subject 5044
to the approval of the Public Procurement Review Board. A 5045
suspended or debarred contractor or subcontractor shall be 5046
disqualified from consideration for contracts with the department 5047
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during the suspension or debarment period in accordance with the 5048
department's regulations. 5049
(11) This section shall not apply to the Mississippi State 5050
Port Authority. 5051
SECTION 106. Section 31-11-4, Mississippi Code of 1972, is 5052
brought forward as follows: 5053
31-11-4. (1) There is hereby created the Facilities 5054
Management Advisory Committee, hereinafter referred to as the 5055
"committee," for the purpose of advising the Bureau of Building, 5056
Grounds and Real Property Management, Department of Finance and 5057
Administration, with its duties of preplanning, construction, 5058
repair and renovation for buildings of all state agencies, 5059
institutions and departments. 5060
(2) The committee shall be composed of the following eight 5061
(8) members: 5062
(a) The Chairman and Vice Chairman of the Senate Public 5063
Property Committee; 5064
(b) The Chairman and Vice Chairman of the House Public 5065
Building, Grounds and Lands Committee; 5066
(c) Two (2) Senators appointed by the Lieutenant 5067
Governor; and 5068
(d) Two (2) Representatives appointed by the Speaker of 5069
the House of Representatives. 5070
(3) The committee shall advise the Bureau of Building, 5071
Grounds and Real Property Management with its duties of 5072
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preplanning, construction, repair and renovation for buildings of 5073
all state agencies, institutions and departments, including but 5074
not limited to the following: 5075
(a) Traveling with the Bureau of Building, Grounds and 5076
Real Property Management to inspect and consider requests for 5077
improvement and repair of buildings of state agencies, 5078
institutions and departments; 5079
(b) Acquiring a working knowledge of state building 5080
matters in order to become leaders in facility related 5081
legislation; and 5082
(c) Advising and making recommendations to the 5083
Legislature on matters relating to preplanning, construction, 5084
repair and renovation for all state buildings. 5085
(4) The members of the committee shall have no jurisdiction 5086
or vote on any matter within the jurisdiction of the Bureau of 5087
Building, Grounds and Real Property Management. 5088
(5) No committee member may receive per diem, travel or 5089
other expenses unless authorized by the Management Committees of 5090
the Senate and the House of Representatives. Members of the 5091
committee shall be paid from the contingent expense funds of the 5092
Senate and the House of Representatives in the same amounts as 5093
provided for committee meetings when the Legislature is not in 5094
session; however, no per diem or expense for attending meetings 5095
of the committee will be paid while the Legislature is in session. 5096
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SECTION 107. Section 31-11-7, Mississippi Code of 1972, is 5097
brought forward as follows: 5098
31-11-7. The Office of General Services shall submit a full 5099
report of its work and all transactions carried on by it and a 5100
complete statement of all expenditures made by it, to each regular 5101
session of the Legislature or to a special session before that 5102
time if its work has been completed. 5103
SECTION 108. Section 31-11-25, Mississippi Code of 1972, is 5104
brought forward as follows: 5105
31-11-25. The Office of General Services with the approval 5106
of the Public Procurement Review Board shall have the power and 5107
authority to acquire in its own name, or in the name of such other 5108
agency or instrumentality in the State of Mississippi as it may 5109
deem proper, by purchase, contribution or otherwise, all land and 5110
real property which shall be necessary and desirable in connection 5111
with the development or expansion of any state institution or 5112
public agency of this state upon any real property adjacent to or 5113
contiguous to such institution or agency or in connection with any 5114
project under the supervision of said Office of General Services 5115
for the construction, repair, remodeling, renovating, or making 5116
additions to any building structure or other facility which the 5117
Office of General Services is required or authorized by law to 5118
construct, repair, remodel, or make an addition to. If the Office 5119
of General Services shall be unable to agree with the owner or 5120
owners of any such land or real property which is necessary or 5121
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desirable for the public use in connection with any such project, 5122
the Office of General Services shall have the power and authority 5123
to acquire any such land or real property by condemnation 5124
proceedings in the manner otherwise provided by law and, for such 5125
purpose, the right of eminent domain is hereby conferred upon and 5126
vested in said Office of General Services. 5127
SECTION 109. Section 31-11-27, Mississippi Code of 1972, is 5128
brought forward as follows: 5129
31-11-27. (1) (a) The Department of Finance and 5130
Administration shall conduct a detailed study of the building and 5131
other capital needs at each state institution and at each 5132
community college and junior college immediately prior to 5133
September first in each year. This study shall include, but shall 5134
not be limited to, the following matters: 5135
(i) An inventory of every state building and other 5136
capital facility which is the property of the State of 5137
Mississippi; 5138
(ii) The location, date of construction or 5139
acquisition, the purpose for which used, outstanding indebtedness 5140
against such facility, if any, and cost of repairs for the 5141
preceding fiscal year; 5142
(iii) An examination of the condition of the 5143
building or other facility, including current conditions and 5144
ratings of all roofs at each state agency, state institution of 5145
higher learning, community college and junior college; 5146
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(iv) An estimate of the cost of repairs required 5147
to place the facility in good condition; 5148
(v) An estimate of the cost of major renovations, 5149
if contemplated; and 5150
(vi) A determination of the new building and other 5151
facility needs of each institution with such needs classified 5152
under immediate or long range requirements. 5153
(b) All state agencies, departments and institutions 5154
are hereby required and directed to cooperate with the Department 5155
of Finance and Administration in carrying out the provisions of 5156
this section. For purposes of validating subsection (1)(a)(iii) 5157
above, each roof of a building not planned for demolition must be 5158
visually inspected by institution or agency facilities' staff, by 5159
a licensed architect or engineer or by thermal imaging inspection 5160
at least every three (3) years. 5161
(c) The Department of Finance and Administration shall 5162
submit a detailed report to the Legislative Budget Office, the 5163
House Public Property Committee and the Senate Public Property 5164
Committee on or before September first of each year. Such report 5165
shall be in such detail and in such form as may be prescribed by 5166
the Legislative Budget Office. 5167
(d) The architect or building inspector of the 5168
Department of Finance and Administration shall make a biennial 5169
inspection of the New Capitol, Old Capitol, Woolfolk State Office 5170
Building, War Memorial Building, the Governor's Mansion, and all 5171
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other buildings under jurisdiction of the Department of Finance 5172
and Administration for structural or other physical needs or 5173
defects of such buildings, and he shall further inquire of the 5174
department or its representatives regarding the condition of the 5175
buildings. He shall make a written report of his finding to the 5176
Department of Finance and Administration, Governor, Lieutenant 5177
Governor and Speaker of the House of Representatives. The report 5178
shall also make recommendations for repairs and list, by number, 5179
the priority which should be given to making necessary repairs. 5180
(2) (a) In addition to any report required in subsection 5181
(1) of this section, the Department of Finance and Administration 5182
shall prepare and submit an annual report to the Legislative 5183
Budget Office, the House Public Property Committee and the Senate 5184
Public Property Committee describing the proposed capital 5185
improvements projects for state agencies, departments and 5186
institutions for the upcoming five-year period. The Department of 5187
Finance and Administration shall not be required to include in the 5188
report any project costing less than One Million Dollars 5189
($1,000,000.00). The department shall submit the report before 5190
September 1 of each year. The report shall include at least the 5191
following information: 5192
(i) A prioritized list of the projects proposed 5193
for the five-year period, with each project ranked on the basis of 5194
need, consistent with the primary goal of preserving existing 5195
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capital assets where possible and replacing existing capital 5196
assets where necessary; 5197
(ii) A prioritized list of the projects proposed 5198
for the next regular legislative session, with each project ranked 5199
on the basis of need, consistent with the primary goal of 5200
preserving existing capital assets where possible and replacing 5201
existing capital assets where necessary; 5202
(iii) A prioritized list of the projects requested 5203
by each state agency, department or institution; 5204
(iv) A detailed explanation of criteria used by 5205
the Department of Finance and Administration to rank projects for 5206
purposes of any list it prepares under this paragraph (a); 5207
(v) A detailed statement of justification for each 5208
project; 5209
(vi) The approximate cost for each project, 5210
including, but not limited to, itemized estimates of costs for 5211
preplanning, constructing, furnishing and equipping a project, and 5212
costs for property acquisition; 5213
(vii) The estimated beginning date and completion 5214
date for each project; 5215
(viii) Whether a project, as proposed, is a 5216
complete project or a phase or part of a project; 5217
(ix) How a project will affect the operating 5218
budget of the applicable agency, department or institution for the 5219
upcoming five-year period, regarding such items as additional 5220
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personnel requirements, utility costs, maintenance costs, security 5221
costs, etc. Any request for new construction other than 5222
replacement, or for purposes other than incidental expansion of 5223
existing facilities, shall also identify the total amount of 5224
nonstate funds to support such project; 5225
(x) The proposed method of financing each project 5226
and the effect such financing will have on the state budget, 5227
including an estimate of any required debt service for the 5228
project, and an estimate of any federal funds or other funds that 5229
the agency, department or institution may have access to because 5230
of the project; and 5231
(xi) A list of the projects requested by each 5232
agency, department or institution for the five-year period, with 5233
each project ranked by the appropriate agency, department or 5234
institution on the basis of need. 5235
(b) To enable the Department of Finance and 5236
Administration to prepare the report required in this subsection 5237
(2), it may require all state agencies, departments and 5238
institutions to file a capital improvements projects request with 5239
such information and in such form and in such detail as the 5240
department may deem necessary and advisable. Such request shall 5241
be filed with the Department of Finance and Administration no 5242
later than August 1 of each year. 5243
SECTION 110. Section 31-11-29, Mississippi Code of 1972, is 5244
brought forward as follows: 5245
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31-11-29. The Legislative Budget Office shall prepare and 5246
submit to each regular session of the Legislature a "capital 5247
expense and development" budget based on information furnished as 5248
herein provided by the Office of General Services, plus such other 5249
information as may be obtained. The said budget shall contain an 5250
estimate of the immediate and the long term capital needs of each 5251
state department, agency, institution, and each junior college. 5252
Such budget shall include a description of the buildings and other 5253
facilities which are recommended as needed at each institution, 5254
along with an estimate of the cost. The budget shall also include 5255
a suggested method of financing the immediate needs. "Immediate 5256
needs" shall be construed to mean: buildings, major improvements, 5257
and other facilities required for the proper functioning of the 5258
institution for the next year. "Long range" needs shall be 5259
construed to mean: buildings, major improvements, and other 5260
facilities of a similar nature which may be required at some 5261
indefinite date in the future. 5262
SECTION 111. Section 31-11-30, Mississippi Code of 1972, is 5263
brought forward as follows: 5264
31-11-30. (1) Every capital improvements project for new 5265
facilities, costing Two Million Dollars ($2,000,000.00) or more, 5266
which is developed to repair, renovate, construct, remodel, add to 5267
or improve a state-owned public building shall be funded by the 5268
Legislature in two (2) phases. The two-phase funding requirement 5269
shall not apply to capital improvements projects for a state-owned 5270
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port or where the Legislature finds that an emergency or critical 5271
need must be met or a court order complied with. The two (2) 5272
phases shall not be funded in the same regular session of the 5273
Legislature. Each phase shall be funded in a separate session of 5274
the Legislature. Phase 1 shall be a preplanned capital 5275
improvements project budget projection for the project and shall 5276
be funded first. Phase 2 shall be the actual repair, renovation, 5277
construction, remodeling, addition to or improvement of the 5278
state-owned public building and the acquisition of furniture and 5279
equipment for the capital improvements project and shall be funded 5280
second. 5281
(2) For the purposes of this section: 5282
(a) "Preplanned" or "preplanning" means the preliminary 5283
planning that establishes the program, scope, design and budget 5284
for a capital improvements project. 5285
(b) "Emergency" has the meaning as defined in Section 5286
31-7-1. 5287
(c) "Critical need" means necessary to meet 5288
accreditation standards or necessary to respond to failures in 5289
planning. 5290
(3) Every state agency that plans to repair, renovate, 5291
construct, remodel, add to or improve a state-owned public 5292
building shall submit a preplanned capital improvements project 5293
budget projection to the Bureau of Building, Grounds and Real 5294
Property Management for evaluation. The bureau shall assess the 5295
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need for all preplanned projects submitted and shall compile a 5296
report on its findings. Any capital improvements project for new 5297
facilities costing less than Two Million Dollars ($2,000,000.00) 5298
shall not be required to be preplanned. 5299
(4) Upon the completion of any preplanning for a capital 5300
improvements project, if such preplanning is funded with 5301
self-generated funds by a state agency, the plan shall be 5302
submitted to the bureau for evaluation. 5303
(5) This section shall not apply to capital improvements 5304
projects authorized by the Legislature before the 2001 Regular 5305
Session of the Legislature. 5306
(6) This section shall not apply to any community or junior 5307
college project funded in whole or in part by either state bonds 5308
or funds appropriated for that construction by the Legislature. 5309
SECTION 112. Section 31-11-31, Mississippi Code of 1972, is 5310
brought forward as follows: 5311
31-11-31. The Office of General Services of the State of 5312
Mississippi is hereby authorized and empowered to act as the 5313
commission designated to perform all functions on behalf of the 5314
State of Mississippi as provided for and required in Public Law 5315
No. 88-204 of the 88th Congress of the United States of America 5316
and being entitled "Higher Education Facilities Act of 1963" as 5317
thereafter amended, and the said Office of General Services is 5318
hereby granted such power and authority necessary for the purpose 5319
of performing for and on behalf of the State of Mississippi all 5320
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things required to be done and performed by the Office of General 5321
Services as specified in said Public Law No. 88-204 of the 88th 5322
Congress of the United States government, as thereafter amended. 5323
SECTION 113. Section 31-11-33, Mississippi Code of 1972, is 5324
brought forward as follows: 5325
31-11-33. (1) For purposes of this section, the following 5326
terms shall have the meanings hereinafter ascribed: 5327
(a) "Department" means the Department of Finance and 5328
Administration, Bureau of Building, Grounds and Real Property 5329
Management. 5330
(b) "Public facility" means any building or other 5331
facility owned by the State of Mississippi, or by any agency, 5332
department of the State of Mississippi, that is occupied, used or 5333
under the control of the State of Mississippi, or any agency or 5334
department of the State of Mississippi, or any junior college 5335
district of the State of Mississippi, or the Board of Trustees of 5336
State Institutions of Higher Learning of the State of Mississippi, 5337
or any institution under the jurisdiction of the Board of Trustees 5338
of State Institutions of Higher Learning of the State of 5339
Mississippi. 5340
(2) Any public facility newly constructed from and after 5341
July 1, 2006, shall comply with and be built according to 5342
specifications not less stringent than those required by the 5343
International Code Council and such other standards as adopted by 5344
the department that provide guidelines for plumbing, electrical, 5345
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gas, sanitary and other physical components of new building 5346
construction. 5347
(3) Upon the awarding of a design contract for a new public 5348
facility, the architect/engineer shall prepare drawings and 5349
specifications in conformity with the code requirements in effect 5350
at the time of agreement or, if the code requirements at the time 5351
of the agreement are amended, then the drawings and specifications 5352
shall be prepared according to the more stringent standards. 5353
(4) The department may regulate the height, number of 5354
stories and size of public facilities, the percentage of the lot 5355
that may be occupied, courts and other open spaces, and the 5356
location and use of public facilities. 5357
SECTION 114. Section 31-11-35, Mississippi Code of 1972, is 5358
brought forward as follows: 5359
31-11-35. (1) The Department of Finance and Administration 5360
shall adopt rules and regulations which: 5361
(a) Optimize the energy performance of state-funded 5362
buildings throughout the state; 5363
(b) Increase the demand for building and construction 5364
materials, finishes, furnishings and other products made in or 5365
incorporating materials produced in Mississippi; 5366
(c) Improve environmental quality in this state by 5367
decreasing the discharge of pollutants from state-funded 5368
buildings; 5369
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(d) Conserve energy and utilize local and renewable 5370
energy sources; 5371
(e) Protect and restore this state's natural resources 5372
by avoiding development of inappropriate state-funded building 5373
sites; 5374
(f) Reduce the burden on public water supply and 5375
treatment by reducing potable water consumption; and 5376
(g) Encourage obtaining ENERGY STAR designation from 5377
the United States Environmental Protection Agency to further 5378
demonstrate a building project's energy independence. 5379
(2) Except as otherwise provided in Section 39-25-1, each 5380
major facility project shall be designed and constructed to meet 5381
or exceed the requirements of ASHRAE 90.1-2010 or any more 5382
stringent code adopted by the Bureau of Building, Grounds and Real 5383
Property Management and the Department of Finance and 5384
Administration. 5385
(3) In order to achieve sustainable building standards, 5386
construction projects may utilize a nationally recognized high 5387
performance environmental building rating system; provided, 5388
however, that any such rating system that uses a material or 5389
product-based credit system which is disadvantageous to materials 5390
or products manufactured or produced in Mississippi shall not be 5391
utilized. Additionally, such rating systems shall not exclude 5392
certificate credits for forest products certified by the 5393
Sustainable Forestry Initiative, Forest Stewardship Council or the 5394
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American Tree Farm System. The Department of Finance and 5395
Administration shall designate rating systems which meet these 5396
criteria and may establish its own rating system. 5397
(4) A nationally certified commissioning authority 5398
professional shall certify that the major facility project's 5399
systems for heating, ventilation, air-conditioning, energy 5400
conservation and water conservation are installed and working 5401
properly to ensure that each major facility project performs 5402
according to the major facility project's overall environmental 5403
design intent and operational objectives. 5404
(5) For purposes of this section, a major facility project 5405
shall mean either: 5406
(a) A state-funded new construction building project 5407
which is: 5408
(i) From July 1 through December 31, 2009, the 5409
project shall be larger than twenty thousand (20,000) gross square 5410
feet; 5411
(ii) From January 1, 2010, through December 31, 5412
2010, the project shall be larger than fifteen thousand (15,000) 5413
gross square feet; 5414
(iii) From January 1, 2011, through December 31, 5415
2011, the project shall be larger than ten thousand (10,000) gross 5416
square feet; and 5417
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(iv) From January 1, 2012, and thereafter, the 5418
project shall be larger than five thousand (5,000) gross square 5419
feet. 5420
(b) A state-funded renovation project which involves 5421
more than fifty percent (50%) of the replacement value of the 5422
facility where compliance is cost-effective and practical. 5423
(6) A major facility project shall not mean a building, 5424
regardless of size, which does not have conditioned space as 5425
defined by Standard 90.1 of the American Society of Heating, 5426
Refrigerating, and Air-Conditioning Engineers. 5427
(7) For purposes of this section, a "major facility project" 5428
shall include, but not be limited to, the construction or 5429
renovation of buildings that are financed, in whole or in part, 5430
through the use of a Community Development Block Grant. 5431
SECTION 115. Section 5-3-72, Mississippi Code of 1972, is 5432
brought forward as follows: 5433
5-3-72. The Joint Committee on Performance Evaluation and 5434
Expenditure Review (PEER) shall evaluate on a biennial basis the 5435
procurement process utilized by all state agencies, including, but 5436
not limited to, the contract review, reporting and recordkeeping 5437
requirements in Section 25-9-120, and the bid requirements in 5438
Section 31-7-13. Upon completion of its evaluation, the PEER 5439
Committee shall submit a report to the Legislature with 5440
recommendations for improving the procurement process. The 5441
Department of Finance and Administration and the Personal Service 5442
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Contract Review Board shall cooperate with the PEER Committee to 5443
carry out the provisions of this section. 5444
SECTION 116. Section 7-7-23, Mississippi Code of 1972, is 5445
brought forward as follows: 5446
7-7-23. (1) Purchases of equipment, supplies, materials or 5447
services of whatever kind or nature for any department, officer, 5448
institution or other agency of the state, the cost of which is to 5449
be paid from funds in the State Treasury on State Fiscal Officer 5450
disbursement warrants, may be made only by written purchase orders 5451
duly signed by the official authorized so to do, on forms 5452
prescribed by the State Fiscal Officer. Purchases of such 5453
equipment, supplies, materials, or services, as specified herein, 5454
made without the issuance of such purchase orders shall not be 5455
deemed to be obligations of the state unless the State Fiscal 5456
Officer, by general rule or special order, permits certain 5457
purchases to be made without same. As many copies of each 5458
purchase order shall be prepared as may be prescribed by the State 5459
Fiscal Officer, but at least one (1) copy shall be furnished the 5460
vendor, one (1) copy shall be furnished the State Fiscal Officer, 5461
and one (1) copy shall be retained by the department or agency for 5462
whose benefit the purchase is made. The State Fiscal Officer, by 5463
general rule or special order, may allow for the submission of 5464
purchase orders in a format not requiring a signature. It shall 5465
be the duty of the proper official in each department or agency to 5466
forward the copy of each purchase order to the State Fiscal 5467
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Officer on the same day the said order is issued. All purchase 5468
orders covering purchases to be paid for out of funds appropriated 5469
for any fiscal year shall be executed by June 30 of the fiscal 5470
year and shall be filed with and received for recording by the 5471
State Fiscal Officer within five (5) working days thereafter, and 5472
for electronically submitted purchase orders, the State Fiscal 5473
Officer shall issue regulations as to the last filing date 5474
required for purchase orders; otherwise, the same shall not be 5475
deemed to constitute valid obligations against the state within 5476
the meaning of Section 64 of the Constitution. The provisions of 5477
this subsection shall not apply to contracts for services of 5478
investigators employed by any agency of the state government 5479
authorized by law to employ such investigators. 5480
(2) The State Fiscal Officer may approve electronically 5481
submitted purchase orders, thereby releasing such purchase orders 5482
and recording the encumbrances. For purposes of electronically 5483
submitted purchase orders, the State Fiscal Officer may exempt 5484
agencies from furnishing a copy of the purchase order to the State 5485
Fiscal Officer as required in subsection (1) above. 5486
SECTION 117. Section 7-7-25, Mississippi Code of 1972, is 5487
brought forward as follows: 5488
7-7-25. Upon receipt of each purchase order filed with the 5489
State Fiscal Officer under the provisions of Section 7-7-23, the 5490
State Fiscal Officer shall, upon approval of such purchase order, 5491
make due entry of the same on the record of encumbrances, which 5492
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shall be established in the General Accounting Office, showing 5493
separately thereon an account for each department, institution or 5494
other agency and the law authorizing the appropriation from which 5495
the same is to be paid, if from appropriated funds. Encumbrances 5496
so made and entered shall, until paid, be shown in the General 5497
Accounting Office's books of account so as to be used as a 5498
liability against the then cash balance of the particular fund 5499
which is applicable, whether general or special, and against the 5500
appropriation balance, if the encumbrance is to be paid from 5501
appropriated funds. 5502
SECTION 118. Section 7-7-27, Mississippi Code of 1972, is 5503
brought forward as follows: 5504
7-7-27. (1) Except as provided otherwise in subsection (2) 5505
of this section, all claims against the state as the result of 5506
purchases, services, salaries, travel expense, or other 5507
encumbrances made or liabilities incurred by any officer, 5508
department, division, board, commission, institution or other 5509
agency of the state authorized to incur such obligations, whether 5510
as the result of the issuance of purchase orders, as hereinabove 5511
provided, or not, shall be filed with, certified and approved by 5512
the agency incurring such obligation pursuant to rules and 5513
regulations established by the Department of Finance and 5514
Administration. These rules and regulations shall set forth 5515
certain circumstances where certification by the approving 5516
officers that the goods and services have been received or 5517
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performed may be waived by the Department of Finance and 5518
Administration. Such waivers may pertain to, but should not be 5519
limited to, service contracts of limited time periods for lease of 5520
office space and equipment, computer software and subgrantee 5521
disbursements under federal grant programs. 5522
(2) The Board of Trustees of State Institutions of Higher 5523
Learning and the local board of trustees of a community or junior 5524
college shall adopt rules and regulations for institutions under 5525
their governance for the waiver of certification that goods or 5526
services have been received or performed. These rules and 5527
regulations shall be consistent with those established by the 5528
Department of Finance and Administration under subsection (1) of 5529
this section. 5530
SECTION 119. Section 7-7-51, Mississippi Code of 1972, is 5531
brought forward as follows: 5532
7-7-51. The State Fiscal Officer is hereby given the 5533
authority, and it shall be his duty, to procure on competitive 5534
bids and install or have installed all machines, equipment, 5535
records and other things necessary for the performance of the 5536
duties imposed upon the State Fiscal Officer by Sections 7-7-1 5537
through 7-7-65. Such machines and equipment as are to be 5538
purchased shall be purchased in full compliance with the laws of 5539
the state pertaining thereto and, if in the discretion of the 5540
State Fiscal Officer, it is to the best interests of the state, he 5541
may rent certain machines and equipment. 5542
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SECTION 120. Section 17-17-121, Mississippi Code of 1972, is 5543
brought forward as follows: 5544
17-17-121. Contracts for acquisition, purchase, construction 5545
and/or installation of a project contemplated by Sections 5546
17-17-101 through 17-17-135 shall be effected in the manner 5547
prescribed by law for public contracts; provided, however, that 5548
where (a) the municipality finds and records such finding on its 5549
minutes, that because of availability or particular nature of a 5550
project, it would not be in the public interest or would less 5551
effectively achieve the purposes of Sections 17-17-101 through 5552
17-17-135 to enter into such contracts upon the basis of public 5553
bidding pursuant to advertising, (b) the industry concurs in such 5554
finding, and (c) such finding is approved by the board, public 5555
bidding pursuant to advertisement may be dispensed with and such 5556
contracts may be entered into based upon negotiation; and provided 5557
further, that the industry, at its option, may negotiate such 5558
contracts in the name of the municipality. 5559
SECTION 121. Section 17-25-5, Mississippi Code of 1972, is 5560
brought forward as follows: 5561
17-25-5. (1) Every municipality and county of the State of 5562
Mississippi shall grant competency examination reciprocity to any 5563
contractor, including, but not limited to, any electrical, 5564
plumbing, heating and air conditioning, water and sewer, roofing 5565
or mechanical contractor, who is licensed by another municipality 5566
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or county of this state without imposing any further competency 5567
examination requirements provided: 5568
(a) That the contractor furnishes evidence that he has 5569
a license issued on the basis of a competency examination 5570
administered in one (1) municipality or county of the State of 5571
Mississippi which has an examining board that regularly gives a 5572
written examination which has been approved by the State Board of 5573
Public Contractors or the Building Officials Association of 5574
Mississippi; 5575
(b) That he furnishes evidence that he actually took 5576
and passed the written examination which qualified him for such 5577
license; however, in lieu thereof, he may furnish evidence that 5578
he was issued a license prior to May 1, 1972, and prior to the 5579
existence of a written examination by a county or municipality 5580
which has an examining board that requires written examination to 5581
qualify for a license; 5582
(c) That he has been actively engaged in the business 5583
for which he is licensed for two (2) years or more; 5584
(d) That he has held a license for his business for one 5585
(1) year or more; and 5586
(e) That he pays the license fee to the municipality or 5587
county to which application is made for a license unless he holds 5588
a current certificate of responsibility issued by the State Board 5589
of Public Contractors, in which case no license fee shall be 5590
collected. 5591
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(2) (a) Any contractor who operates more than one (1) 5592
separate place of business within the state must obtain the 5593
appropriate privilege license and pay the privilege license fee 5594
for each location if required by the local jurisdiction. 5595
(b) Every jurisdiction in which a contractor does 5596
business may impose its own separate bonding requirements on the 5597
contractor desiring to do business there. 5598
SECTION 122. Section 19-31-37, Mississippi Code of 1972, is 5599
brought forward as follows: 5600
19-31-37. The district shall comply with the provisions of 5601
Section 31-7-1 et seq., regarding the construction of public works 5602
or the purchase of materials or supplies. 5603
SECTION 123. Section 25-1-77, Mississippi Code of 1972, is 5604
amended as follows: 5605
25-1-77. (1) There is created the Bureau of Fleet 5606
Management within the Office of Purchasing, Travel and Fleet 5607
Management, Department of Finance and Administration, for the 5608
purposes of coordinating and promoting efficiency and economy in 5609
the purchase, lease, rental, acquisition, use, maintenance and 5610
disposal of vehicles by state agencies. The Executive Director of 5611
the Department of Finance and Administration may employ a Fleet 5612
Management Officer to manage the bureau and carry out its 5613
purposes. The bureau may employ other suitable and competent 5614
personnel as necessary. The bureau shall encourage the use of 5615
fuel efficient or hybrid vehicles appropriate for the state 5616
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agency's intended purpose and, when feasible, the use of 5617
alternative fuels or energy sources, including, but not limited 5618
to, ethanol, biodiesel, natural gas or electric power. The bureau 5619
shall prepare a fiscal analysis of the cost-effectiveness of using 5620
alternative fuel or energy source vehicles by state agencies, and 5621
submit a report of that fiscal analysis to the Legislature by 5622
December 15, 2009. Not later than July 1, 2014, at least 5623
seventy-five percent (75%) of all vehicles to which the bureau 5624
holds title in the name of the state must have a fuel economy 5625
estimate by the United States Environmental Protection Agency of 5626
forty (40) miles per gallon or higher for highway driving. 5627
(2) The Bureau of Fleet Management shall perform the 5628
following duties: 5629
(a) To hold title in the name of the State of 5630
Mississippi to all vehicles currently in possession of state 5631
agencies as defined in Section 25-9-107(d) and to assign vehicles 5632
to such agencies for use; however, the bureau shall exempt any 5633
agency or agency vehicles from the provisions of this paragraph 5634
(a) if it determines that state or federal law requires that title 5635
be vested only in the agency; 5636
(b) To establish rules and regulations for state agency 5637
use of vehicles; 5638
(c) To gather information and specify proper fleet 5639
management practices for state agencies; 5640
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(d) To acquire fleet management software and require 5641
agencies to provide necessary information for the bureau to 5642
properly monitor the size, use, maintenance and disposal of the 5643
state's fleet of vehicles; the bureau shall communicate regularly 5644
with the fleet managers of each state agency to determine 5645
strengths and weaknesses of the various fleet operations; the 5646
bureau shall disseminate information to the agencies so that each 5647
can take advantage of any beneficial practices being incorporated 5648
at other entities; the bureau shall promulgate rules and 5649
regulations concerning the mileage reimbursement practices of each 5650
state agency; 5651
(e) To carry out responsibilities relative to budget 5652
recommendations as provided in Section 27-103-129; 5653
(f) To reassign vehicles in the possession of any state 5654
agency if the bureau believes that another state agency can make 5655
more efficient use of a vehicle * * *; 5656
(g) To investigate at any time the vehicle usage 5657
practices of any state agency; and 5658
(h) To require each agency to submit to the bureau a 5659
vehicle acquisition/use/disposal plan on an annual basis. From 5660
the plans received, the bureau shall evaluate the proposed plans 5661
and shall submit a recommendation to the Legislature prior to 5662
January 1 of each year. 5663
(3) No state department, institution or agency shall 5664
purchase, rent, lease or acquire any motor vehicle, regardless of 5665
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the source of funds from which the motor vehicle is to be 5666
purchased, except under authority granted by the Department of 5667
Finance and Administration. The Bureau of Fleet Management, 5668
Department of Finance and Administration, shall promulgate rules 5669
and regulations governing the purchase, rental, lease or 5670
acquisition of any motor vehicle by a state department, 5671
institution or agency with regard to the appropriateness of the 5672
vehicle to its intended use. The Bureau of Fleet Management, 5673
Department of Finance and Administration, shall only grant 5674
authority to purchase, rent, lease or acquire a motor vehicle 5675
which is the lowest cost vehicle to carry out its intended use. 5676
Before the disposal or sale of any vehicle, the Bureau of Fleet 5677
Management shall make a determination that the lifetime use and 5678
mileage of the vehicle has been maximized and that it would not be 5679
feasible for another state agency to use the vehicle. 5680
(4) The department, institution or agency shall maintain 5681
proper documentation which provides the intended use of the 5682
vehicle and the basis for choosing the vehicle. Such 5683
documentation shall show that the department, institution or 5684
agency made diligent efforts to purchase, rent, lease or acquire a 5685
vehicle that is the lowest cost vehicle for its intended use. 5686
Such documentation shall be updated as needed when the intended 5687
use of the vehicle or any other facts concerning the vehicle are 5688
changed. All such documentation shall be approved by the State 5689
Fleet Officer prior to purchase, rental, lease or acquisition or 5690
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change in use of any vehicle and shall be maintained and made 5691
available for review by the State Auditor, any other reviewing 5692
agency and the Legislature. The Bureau of Fleet Management shall 5693
immediately notify the department head of any agency that has a 5694
vehicle found to be in violation of the bureau's rules and 5695
regulations. At the same time, the bureau shall notify the 5696
Speaker of the House of Representatives and the Lieutenant 5697
Governor of its findings regarding any such vehicle. If the 5698
violation is not rectified within five (5) days of the notice, 5699
then the bureau may seize the vehicle and dispose of it as the 5700
bureau deems to be in the best interest of the State of 5701
Mississippi. 5702
(5) On or before September 1 of each year, the Bureau of 5703
Fleet Management shall prepare and deliver to the Senate and House 5704
Appropriations Committees and the Joint Legislative Budget 5705
Committee a report containing any irregularities that it finds 5706
concerning purchases of state-owned vehicles. 5707
(6) The Department of Public Safety and the Department of 5708
Wildlife, Fisheries and Parks may retain any vehicle seized 5709
pursuant to the forfeiture laws of this state, and the total 5710
number of vehicles assigned to each such agency shall not be 5711
reduced by the number of seized vehicles which the agency retains. 5712
(7) The Bureau of Fleet Management, upon request, shall 5713
grant an exemption from the provisions of this section for only 5714
any vehicle assigned to a sworn officer of the Department of 5715
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Public Safety or of the Agricultural and Livestock Theft Bureau of 5716
the Department of Agriculture and Commerce and used in undercover 5717
operations when the bureau determines that compliance could 5718
jeopardize the life, health or safety of the sworn officer. 5719
(8) The provisions of this section shall not apply to any 5720
state institution of higher learning. 5721
(9) When making requests for authority to purchase, rent, 5722
lease or acquire vehicles as provided in subsection (3) of this 5723
section, agencies shall submit the lowest cost vehicle possible to 5724
carry out its intended use. Any such request shall be in writing 5725
from the agency head, certifying the vehicle requested is the 5726
lowest cost option available and acknowledging that any request 5727
contrary to this provision shall subject the agency head to 5728
penalties as provided in Sections 25-1-91, 31-7-55 and 31-7-57, 5729
where applicable. The Bureau of Fleet Management shall only 5730
approve the lowest cost vehicle, which in its estimation, will 5731
carry out the intended use. No agency may purchase any vehicle 5732
that the Bureau of Fleet Management has disapproved as being a 5733
higher cost option. 5734
(10) No requests authorized under subsections (3) and (9) of 5735
this section shall be approved by the Bureau of Fleet Management 5736
if the requesting agency has not properly maintained in the 5737
fleet/asset reporting system all information required by the 5738
Bureau of Fleet Management. Agencies shall correct any 5739
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inadequacies or discrepancies in the system noted by the Bureau of 5740
Fleet Management before the bureau may approve any requests. 5741
SECTION 124. Section 25-1-78, Mississippi Code of 1972, is 5742
brought forward as follows: 5743
25-1-78. (1) For purposes of this section, the term "state 5744
agency" means any agency that is subject to oversight by the 5745
Bureau of Fleet Management of the Department of Finance and 5746
Administration under Section 25-1-77. 5747
(2) Except as otherwise provided in this section, beginning 5748
on July 1, 2017, through June 30, 2018, the Bureau of Fleet 5749
Management, Department of Finance and Administration, shall not 5750
approve the purchase, lease or acquisition of any motor vehicle by 5751
a state agency, regardless of the source of funds used. However, 5752
any agency that has a fleet of not more than fifty (50) vehicles 5753
may replace a vehicle that has been wrecked and deemed a total 5754
loss or any vehicle whose repair cost exceeds the cash value of 5755
the vehicle as determined by the Bureau of Fleet Management. 5756
Documentation of such loss or repair costs must be submitted to 5757
the Bureau of Fleet Management prior to replacement of the 5758
vehicle. 5759
(3) Beginning July 1, 2012, any state agency with a fleet of 5760
more than fifty (50) motor vehicles shall reduce the total number 5761
of its motor vehicles by two percent (2%) each fiscal year until 5762
June 30, 2016. The Bureau of Fleet Management and the State 5763
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Auditor shall work together to enforce the provisions of this 5764
subsection. 5765
(4) The provisions of subsections (2) and (3) of this 5766
section, with regard to the purchase, lease or acquisition of 5767
vehicles and to the mandatory reduction of the agency's fleet of 5768
vehicles, shall not apply to: 5769
(a) A state agency's law enforcement or emergency 5770
vehicles, upon demonstrating to the Bureau of Fleet Management a 5771
justifiable need to be excluded from the provisions of subsections 5772
(2) and (3) of this section. 5773
(b) A state agency's vehicles that are acquired by the 5774
use of grant monies that are specified to be used for that purpose 5775
and for which no state matching funds from the State General Fund 5776
are required, expended or used. 5777
(c) Vehicles of the Department of Child Protection 5778
Services. 5779
SECTION 125. Section 25-53-3, Mississippi Code of 1972, is 5780
brought forward as follows: 5781
25-53-3. (1) Whenever the term "Central Data Processing 5782
Authority" or the term "authority," when referring to the Central 5783
Data Processing Authority, is used in any law, rule, regulation, 5784
document or elsewhere, it shall be construed to mean the 5785
Mississippi Department of Information Technology Services. 5786
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(2) For the purposes of this chapter the following terms 5787
shall have the meanings ascribed in this section unless the 5788
context otherwise requires: 5789
(a) "Central Data Processing Authority" and "CDPA" mean 5790
"Mississippi Department of Information Technology Services (ITS)" 5791
and the term "authority" means "board of the ITS." 5792
(b) "Bureau of Systems Policy and Planning," "Bureau of 5793
Telecommunications," "Bureau of Central Data Processing" and 5794
"bureau" mean "ITS." 5795
(c) "Acquisition" of information technology means the 5796
purchase, lease, rental, or acquisition in any other manner of any 5797
such information technology. 5798
(d) "Agency" means and includes all the various state 5799
agencies, officers, departments, boards, commissions, offices and 5800
institutions of the state. 5801
(e) "Governing authority" means boards of supervisors, 5802
governing boards of all school districts, all boards of directors 5803
of public water supply districts, boards of directors of master 5804
public water supply districts, municipal public utility 5805
commissions, governing authorities of all municipalities, port 5806
authorities, commissioners and boards of trustees of any public 5807
hospitals and any governing authority of the state supported 5808
wholly or in part by public funds of the state or governing 5809
authority thereof. 5810
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(f) "Bid" means any of the valid source selection 5811
techniques and competitive procurement methods appropriate to 5812
information technology procurement in the public sector, 5813
including, but not limited to, competitive sealed bidding, 5814
competitive sealed proposals, simplified small purchase 5815
procedures, sole source procurements, and emergency procurements. 5816
(g) "Telecommunications transmission facility" means 5817
any transmission medium, switch, instrument, inside wiring system 5818
or other facility which is used, in whole or part, to provide any 5819
transmission. 5820
(h) "Equipment support contract" means a contract which 5821
covers a single, specific class or classes of telecommunications 5822
equipment or service and all features associated with that class, 5823
through which state agencies may purchase or lease the item of 5824
equipment or service specified by issuing a purchase order under 5825
the terms of the contract without the necessity of further 5826
competitive bidding. 5827
(i) "Inside wiring system" means any wiring which: 5828
(i) Directly or indirectly, interconnects any 5829
terminal equipment with any other terminal equipment or with any 5830
regulated facility or common carrier services; and 5831
(ii) Is located at the premises of the customer 5832
and is not inside any terminal equipment. 5833
(j) "Procurement" means the selling, buying, 5834
purchasing, renting, leasing or otherwise obtaining information 5835
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technology as well as activities engaged in, resulting in or 5836
expected to result in selling, buying, purchasing, renting, 5837
leasing or otherwise obtaining information technology. 5838
(k) "Telecommunications equipment, systems, related 5839
services" are limited to the equipment and means to provide: 5840
(i) Telecommunications transmission facilities. 5841
(ii) Telephone systems, including voice processing 5842
systems. 5843
(iii) Facsimile systems. 5844
(iv) Radio paging services. 5845
(v) Mobile telephone services, including cellular 5846
mobile telephone service. 5847
(vi) Intercom and paging systems. 5848
(vii) Video teleconferencing systems. 5849
(viii) Personal communications networks and 5850
services. 5851
(ix) Any and all systems based on emerging and 5852
future telecommunications technologies relative to (i) through 5853
(viii) above. 5854
(l) "Telecommunications system lease contract" means a 5855
contract between a supplier of telecommunications systems, 5856
including equipment and related services, and the Mississippi 5857
Department of Information Technology Services. 5858
(m) "Tariffed or regulated service" means 5859
telecommunications service offered by common carriers and subject 5860
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to control by the Mississippi Public Service Commission or the 5861
Federal Communications Commission. 5862
(n) "State Data Center" means one or more facilities 5863
operated by ITS to provide information technology resources 5864
requiring enterprise computing resources or any other ITS managed 5865
information resources. 5866
(o) "Information technology" means any technology as 5867
defined by ITS, including, but not limited to, computer and/or 5868
telecommunications equipment, systems or related services. 5869
SECTION 126. Section 25-53-5, Mississippi Code of 1972, is 5870
brought forward as follows: 5871
25-53-5. The authority shall have the following powers, 5872
duties, and responsibilities: 5873
(a) The authority shall provide for the development of 5874
plans for the efficient acquisition and utilization of information 5875
technology by all agencies of state government, and provide for 5876
their implementation. In so doing, the authority may use the ITS' 5877
staff, at the discretion of the executive director of the 5878
authority, or the authority may contract for the services of 5879
qualified consulting firms in the field of information technology 5880
and utilize the service of such consultants as may be necessary 5881
for such purposes. 5882
(b) The authority shall immediately institute 5883
procedures for carrying out the purposes of this chapter and 5884
supervise the efficient execution of the powers and duties of the 5885
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executive director of the ITS. In the execution of its functions 5886
under this chapter, the authority shall maintain as a paramount 5887
consideration the successful internal organization and operation 5888
of the several agencies so that efficiency existing therein shall 5889
not be adversely affected or impaired. In executing its functions 5890
in relation to the institutions of higher learning and junior 5891
colleges in the state, the authority shall take into consideration 5892
the special needs of such institutions in relation to the fields 5893
of teaching and scientific research. 5894
(c) The authority shall adopt rules, regulations, and 5895
procedures governing the acquisition of information technology 5896
which shall, to the fullest extent practicable, ensure the maximum 5897
of competition between all manufacturers of supplies or equipment 5898
or services. In the writing of specifications, in the making of 5899
contracts relating to the acquisition of such information 5900
technology, and in the performance of its other duties the 5901
authority shall provide for the maximum compatibility of all 5902
information systems hereafter installed or utilized by all state 5903
agencies and may require the use of common computer languages 5904
where necessary to accomplish the purposes of this chapter. The 5905
authority may establish by regulation and charge reasonable fees 5906
on a nondiscriminatory basis for the furnishing to bidders of 5907
copies of bid specifications and other documents issued by the 5908
authority. 5909
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(d) The authority shall adopt rules and regulations 5910
governing the sharing with, or the sale or lease of information 5911
technology services to any nonstate agency or person. Such 5912
regulations shall provide that any such sharing, sale or lease 5913
shall be restricted in that same shall be accomplished only where 5914
such services are not readily available otherwise within the 5915
state, and then only at a charge to the user not less than the 5916
prevailing rate of charge for similar services by private 5917
enterprise within this state. 5918
(e) The authority may, in its discretion, establish a 5919
special technical advisory committee or committees to study and 5920
make recommendations on matters within the competence of the 5921
authority as the authority may see fit. Persons serving on any 5922
such committees shall be entitled to receive their actual and 5923
necessary expenses actually incurred in the performance of such 5924
duties, together with mileage as provided by law for state 5925
employees, provided the same has been authorized by a resolution 5926
duly adopted by the authority and entered on its minutes prior to 5927
the performance of such duties. For the purposes of this 5928
paragraph, such committee meetings are exempt from the 5929
requirements of Sections 25-41-1 through 25-41-17. 5930
(f) The authority may provide for the development and 5931
require the adoption of standardized computer programs and may 5932
provide for the dissemination of information to and the 5933
establishment of training programs for the personnel of the 5934
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various information technology centers of state agencies and 5935
personnel of the agencies utilizing the services thereof. 5936
(g) The authority shall adopt reasonable rules and 5937
regulations requiring the reporting to the authority through the 5938
office of executive director of such information as may be 5939
required for carrying out the purposes of this chapter and may 5940
also establish such reasonable procedures to be followed in the 5941
presentation of bills for payment under the terms of all contracts 5942
for the acquisition of information technology now or hereafter in 5943
force as may be required by the authority or by the executive 5944
director in the execution of their powers and duties. 5945
(h) The authority shall require such adequate 5946
documentation of information technology procedures utilized by the 5947
various state agencies and may require the establishment of such 5948
organizational structures within state agencies relating to 5949
information technology operations as may be necessary to 5950
effectuate the purposes of this chapter. 5951
(i) The authority may adopt such further reasonable 5952
rules and regulations as may be necessary to fully implement the 5953
purposes of this chapter. All rules and regulations adopted by 5954
the authority shall be published in readily accessible form to all 5955
affected state agencies, and to all current suppliers of computer 5956
equipment and services to the state, and to all prospective 5957
suppliers requesting the same. Such rules and regulations shall 5958
be kept current, be periodically revised, and copies thereof shall 5959
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be available at all times for inspection by the public at 5960
reasonable hours in the offices of the authority. Whenever 5961
possible no rule, regulation or any proposed amendment to such 5962
rules and regulations shall be finally adopted or enforced until 5963
copies of the proposed rules and regulations have been published. 5964
(j) The authority shall establish rules and regulations 5965
which shall provide for the submission of all contracts proposed 5966
to be executed by the executive director for information 5967
technology, including cloud computing, to the authority for 5968
approval before final execution, and the authority may provide 5969
that such contracts involving the expenditure of less than such 5970
specified amount as may be established by the authority may be 5971
finally executed by the executive director without first obtaining 5972
such approval by the authority. 5973
(k) The authority is authorized to consider new 5974
technologies, such as cloud computing, to purchase, lease, or rent 5975
information technology and to operate that information technology 5976
when in its opinion such operation will provide maximum efficiency 5977
and economy in the functions of any such agency or agencies. 5978
(l) Upon the request of the governing body of a 5979
political subdivision or instrumentality, the authority shall 5980
assist the political subdivision or instrumentality in its 5981
development of plans for the efficient acquisition and utilization 5982
of information technology. An appropriate fee shall be charged 5983
the political subdivision by the authority for such assistance. 5984
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(m) The authority shall adopt rules and regulations 5985
governing the protest procedures to be followed by any actual or 5986
prospective bidder, offerer or contractor who is aggrieved in 5987
connection with the solicitation or award of a contract for the 5988
acquisition of information technology. Such rules and regulations 5989
shall prescribe the manner, time and procedure for making protests 5990
and may provide that a protest not timely filed shall be summarily 5991
denied. The authority may require the protesting party, at the 5992
time of filing the protest, to post a bond, payable to the state, 5993
in an amount that the authority determines sufficient to cover any 5994
expense or loss incurred by the state; however, in no event may 5995
the amount of the bond required exceed a reasonable estimate of 5996
the total project cost. The authority, in its discretion, also 5997
may prohibit any prospective bidder, offerer or contractor who is 5998
a party to any protest or litigation involving any such contract 5999
with the state, the authority or any agency of the state to 6000
participate in any other such bid, offer or contract, or to be 6001
awarded any such contract, during the pendency of the protest or 6002
litigation. 6003
(n) The authority shall make a report in writing to the 6004
Legislature each year in the month of January. Such report shall 6005
contain a full and detailed account of the work of the authority 6006
for the preceding year as specified in Section 25-53-29(3). 6007
All acquisitions of information technology involving the 6008
expenditure of funds in excess of the dollar amount established in 6009
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Section 31-7-13(c), or rentals or leases in excess of the dollar 6010
amount established in Section 31-7-13(c) for the term of the 6011
contract, shall be based upon bid. The authority may reserve the 6012
right to reject any or all bids, and if all bids are rejected, the 6013
authority may negotiate a contract within the limitations of the 6014
specifications so long as the terms of any such negotiated 6015
contract are equal to or better than the lowest bidder, and so 6016
long as the total cost to the State of Mississippi does not exceed 6017
the lowest bid. If the authority accepts one (1) of such bids, it 6018
shall be that which is the lowest and best. The provisions of 6019
this paragraph shall not apply to acquisitions of information 6020
technology equipment and services made by the Mississippi 6021
Department of Health and the Mississippi Department of Revenue for 6022
the purposes of implementing, administering and enforcing the 6023
provisions of the Mississippi Medical Cannabis Act by June 30, 6024
2024. 6025
(o) When applicable, the authority may procure 6026
information technology in accordance with the law or regulations, 6027
or both, which govern the Bureau of Purchasing of the Office of 6028
General Services or which govern the Mississippi Department of 6029
Information Technology Services procurement of information 6030
technology. 6031
(p) The authority is authorized to purchase, lease, or 6032
rent information technology for the purpose of establishing pilot 6033
projects to investigate emerging technologies. These acquisitions 6034
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shall be limited to new technologies and shall be limited to an 6035
amount set by annual appropriation of the Legislature. These 6036
acquisitions shall be exempt from the advertising and bidding 6037
requirement. 6038
(q) To promote the maximum use and benefit from 6039
technology and services now in operation or which will in the 6040
future be placed in operation and to identify opportunities, 6041
minimize duplication, reduce costs and improve the efficiency of 6042
providing common technology services the authority is authorized 6043
to: 6044
(i) Enter into master agreements for information 6045
technology, including cloud computing, available for shared use by 6046
state agencies, institutions of higher learning and governing 6047
authorities; and 6048
(ii) Enter into contracts for the acquisition of 6049
information technology, including cloud computing, that have been 6050
acquired by other entities, located within or outside of the State 6051
of Mississippi, so long as it is determined by the authority to be 6052
in the best interest of the state. The acquisitions provided in 6053
this paragraph (q) shall be exempt from the advertising and 6054
bidding requirements of Sections 25-53-1 et seq. and 31-7-1 et 6055
seq. 6056
(r) All fees collected by the Mississippi Department of 6057
Information Technology Services shall be deposited into the 6058
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Mississippi Department of Information Technology Services 6059
Revolving Fund unless otherwise specified by the Legislature. 6060
(s) The authority shall work closely with the council 6061
to bring about effective coordination of policies, standards and 6062
procedures relating to procurement of remote sensing and 6063
geographic information systems (GIS) resources. 6064
(t) The authority shall manage one or more State Data 6065
Centers to provide information technology services on a 6066
cost-sharing basis. In determining the appropriate services to be 6067
provided through the State Data Center, the authority should 6068
consider those services that: 6069
(i) Result in savings to the state as a whole; 6070
(ii) Improve and enhance the security and 6071
reliability of the state's information and business systems; and 6072
(iii) Optimize the efficient use of the state's 6073
information technology assets, including, but not limited to, 6074
promoting partnerships with the state institutions of higher 6075
learning and community colleges to capitalize on advanced 6076
information technology resources. 6077
(u) The authority shall oversee the Mississippi 6078
Statewide Data Exchange, ensuring compliance with the requirements 6079
of Section 25-53-281. The Department of Information Technology 6080
Services shall have the authority to promulgate rules and 6081
regulations necessary to develop, implement and oversee the 6082
Mississippi Statewide Data Exchange. The department shall engage 6083
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with state agencies and other stakeholders to identify 6084
data-sharing opportunities and address potential barriers. 6085
Additionally, the department shall establish a Chief Information 6086
Officer (CIO) Council, composed of information technology 6087
leadership from state agencies, to provide strategic oversight, 6088
promote interoperability and recommend policies to enhance the 6089
effectiveness and security of statewide data-sharing initiatives. 6090
(v) The authority shall increase federal participation 6091
in the cost of the State Data Center to the extent provided by law 6092
and its shared technology infrastructure through providing such 6093
shared services to agencies that receive federal funds. With 6094
regard to state institutions of higher learning and community 6095
colleges, the authority may provide shared services when mutually 6096
agreeable, following a determination by both the authority and the 6097
Board of Trustees of State Institutions of Higher Learning or the 6098
Mississippi Community College Board, as the case may be, that the 6099
sharing of services is mutually beneficial. 6100
(w) The authority, in its discretion, may require new 6101
or replacement agency business applications to be hosted at the 6102
State Data Center. With regard to state institutions of higher 6103
learning and community colleges, the authority and the Board of 6104
Trustees of State Institutions of Higher Learning or the 6105
Mississippi Community College Board, as the case may be, may agree 6106
that institutions of higher learning or community colleges may 6107
utilize business applications that are hosted at the State Data 6108
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Center, following a determination by both the authority and the 6109
applicable board that the hosting of those applications is 6110
mutually beneficial. In addition, the authority may establish 6111
partnerships to capitalize on the advanced technology resources of 6112
the Board of Trustees of State Institutions of Higher Learning or 6113
the Mississippi Community College Board, following a determination 6114
by both the authority and the applicable board that such a 6115
partnership is mutually beneficial. 6116
(x) The authority shall provide a periodic update 6117
regarding reform-based information technology initiatives to the 6118
Chairmen of the House and Senate Accountability, Efficiency and 6119
Transparency Committees. 6120
From and after July 1, 2018, the expenses of this agency 6121
shall be defrayed by appropriation from the State General Fund. 6122
In addition, in order to receive the maximum use and benefit from 6123
information technology and services, expenses for the provision of 6124
statewide shared services that facilitate cost-effective 6125
information technology shall be defrayed by pass-through funding 6126
and shall be deposited into the Mississippi Department of 6127
Information Technology Services Revolving Fund unless otherwise 6128
specified by the Legislature. These funds shall only be utilized 6129
to pay the actual costs incurred by the Mississippi Department of 6130
Information Technology Services for providing these shared 6131
services to state agencies. Furthermore, state agencies shall 6132
work in full cooperation with the Board of the Mississippi 6133
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Department of Information Technology Services to identify 6134
information technology to minimize duplication, reduce costs, and 6135
improve the efficiency of providing common technology services 6136
across agency boundaries. 6137
SECTION 127. Section 25-53-21, Mississippi Code of 1972, is 6138
brought forward as follows: 6139
25-53-21. The executive director shall have the following 6140
duties, responsibilities and authority: 6141
(a) He shall conduct continuing studies of all 6142
information technology activities carried out by all agencies of 6143
the state and shall develop a long-range plan for the efficient 6144
and economical performance of such activities in state government. 6145
Such plan shall be submitted to the authority for its approval 6146
and, having been approved by the authority, shall be implemented 6147
by the executive director and all state agencies. Such plan shall 6148
be continuously reviewed and modifications thereof shall be 6149
proposed to the authority by the executive director as 6150
developments in information technology techniques and changes in 6151
the structure, activities, and functions of state government may 6152
require. 6153
(b) He shall review the purchasing practices of all 6154
state agencies in the area of the purchasing of supplies for 6155
information technology and make recommendations to the authority 6156
for the institution of purchasing procedures which will ensure the 6157
most economical procurement of such supplies commensurate with the 6158
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efficient operation of all departments and agencies of state 6159
government. 6160
(c) He shall see that all reports required of all 6161
agencies are promptly and accurately made in accordance with the 6162
rules and regulations adopted by the authority. Either in person 6163
or through his authorized agents, he shall make such inspections 6164
of information technology operations being conducted by any of the 6165
agencies of the state as may be necessary for the performance of 6166
his duties. 6167
(d) He shall suggest and cause to be brought about 6168
cooperation between the several state agencies in order to provide 6169
efficiency in information technology operation. He shall, 6170
together with the heads of the agencies involved, reduce to 6171
writing and execute cooperative plans for the acquisition and 6172
operation of information technology equipment, and any such plan 6173
so adopted shall be carried out in accordance with the provisions 6174
of such plan unless the same shall be amended by the joint action 6175
of the executive director and the heads of agencies involved. The 6176
executive director shall report to the authority the details of 6177
any plan so adopted and all amendments or modifications thereof, 6178
and shall otherwise report to the authority any failure on the 6179
part of any agency to carry out the provisions of such plan. In 6180
the event the head of any agency involved or the executive 6181
director shall propose amendments to a plan so adopted and such 6182
amendment is disapproved by the head of another agency involved or 6183
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the executive director, an appeal may be taken to the authority 6184
which may, after full consideration thereof, order the adoption of 6185
the proposed amendment or any modification thereof. The executive 6186
director shall make decisions on all questions of the division of 6187
the cost of information technology operations among the several 6188
agencies, but his findings shall be subject to the approval or 6189
modification by the authority on appeal to it. 6190
(e) He shall review all contracts for acquisition of 6191
information technology now or hereafter in force and may require 6192
the renegotiation, termination, amendment or execution of any such 6193
contracts in proper form and in accordance with the policies and 6194
rules and regulations and subject to the direction of the 6195
authority. A contract that expires by its terms may be renewed if 6196
it is the intent of all parties to renew the contract within a 6197
reasonable timeframe. In the negotiation and execution of such 6198
contracts, the executive director may negotiate a limitation on 6199
the liability to the state of prospective contractors provided 6200
such limitation affords the state reasonable protection and the 6201
limitation is approved by the state entity for whom the 6202
acquisition is being made. For purposes of this section, 6203
reasonable protection does not include limitations on intentional 6204
torts, negligence, death, bodily injury, bad faith, breach of 6205
state data, infringement issues and damage to tangible state 6206
property. 6207
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(f) He shall act as the purchasing and contracting 6208
agent for the State of Mississippi in the negotiation and 6209
execution of all contracts for the acquisition of information 6210
technology. He shall receive, review, and promptly approve or 6211
disapprove all requests of agencies of the state for the 6212
acquisition of information technology, which are submitted in 6213
accordance with rules and regulations of the authority. In the 6214
event that any such request is disapproved, he shall immediately 6215
notify the requesting agency and the members of the authority in 6216
writing of such disapproval, stating his reasons therefor. The 6217
disapproval of any request by the executive director of the 6218
authority may be appealed to the authority in such manner as may 6219
be authorized by such reasonable rules and regulations hereby 6220
authorized to be adopted by the authority. The executive director 6221
shall report the approval of all such requests to the authority in 6222
such manner as may be directed by the authority, and shall execute 6223
any such contracts only after complying with rules and regulations 6224
which may be adopted by the authority in relation thereto. Any 6225
contracts for personal or professional services entered into by 6226
the executive director shall be exempted from the requirements of 6227
Section 25-9-120(3) relating to submission of such contract to the 6228
State Personal Service Contract Review Board. 6229
(g) He shall suggest and cause to be brought about 6230
cooperation between the several state agencies, departments and 6231
institutions in order that work may be done by one agency for 6232
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another agency, and equipment in one agency may be made available 6233
to another agency, and suggest and cause to be brought about such 6234
improvements as may be necessary in joint or cooperative 6235
information technology operations. 6236
(h) He shall be designated as the "Chief Information 6237
Confidentiality Officer" after being duly sworn to the oath of 6238
this office by the chairman of the authority and shall be 6239
responsible for administering the oath to other qualified officers 6240
he may designate. 6241
(i) He shall appoint employees of the Mississippi 6242
Department of Information Technology Services, or at his 6243
discretion, employees of other state agencies and institutions 6244
that are responsible for handling or processing data for any 6245
agency or institution other than that for which they are employed, 6246
to a position of information custodial care that shall be known as 6247
"Information Confidentiality Officer." The selection and swearing 6248
of all officers shall be reported to the authority at the next 6249
regular meeting and names, affirmation dates and employment dates 6250
shall be recorded in the permanent minutes of the authority. 6251
SECTION 128. Section 25-53-25, Mississippi Code of 1972, is 6252
brought forward as follows: 6253
25-53-25. (1) Except as otherwise provided in Section 6254
25-53-5, 25-53-25(5) or any other provision of law, nothing in 6255
this chapter shall be construed to imply exemption from the public 6256
purchases law, being Section 31-7-1 et seq. 6257
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(2) The authority may establish policies and procedures for 6258
the purpose of delegating the acquisition and contracting 6259
responsibilities related to the procurement of information 6260
technology to the purchasing agency. Such policies and procedures 6261
must address the following issues: 6262
(a) Establish categories of equipment or services 6263
affected; 6264
(b) Establish maximum unit and/or ceiling prices of 6265
such procurements; 6266
(c) Establish reporting, monitoring and control of such 6267
procurements; and 6268
(d) Establish other such rules and regulations as 6269
necessary to fully implement the purposes of this section. 6270
Nothing in this subsection shall be construed to imply exemption 6271
from the public purchases law, being Section 31-7-1 et seq. 6272
(3) Acquisitions of information technology by institutions 6273
of higher learning or junior colleges wholly with federal funds 6274
and not with state general funds shall be exempt from the 6275
provisions of this chapter; however, nothing in this subsection 6276
shall be construed to imply an exemption of such acquisitions from 6277
the public purchases law, being Section 31-7-1 et seq. 6278
(4) [Repealed] 6279
(5) Acquisitions of information technology made by agencies 6280
while exempt from the public purchasing requirements of this 6281
chapter and/or as specified in the authority's regulations shall 6282
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remain exempt until a new acquisition is required, as determined 6283
by ITS. 6284
SECTION 129. Section 25-53-29, Mississippi Code of 1972, is 6285
brought forward as follows: 6286
25-53-29. (1) For the purposes of this section the term 6287
"bureau" shall mean the "Mississippi Department of Information 6288
Technology Services." The authority shall have the following 6289
powers and responsibilities to carry out the establishment of 6290
policy and provide for long-range planning and consulting: 6291
(a) Provide a high level of technical expertise for 6292
agencies, institutions, political subdivisions and other 6293
governmental entities as follows: planning; consulting; project 6294
management; systems and performance review; system definition; 6295
design; application programming; training; development and 6296
documentation; implementation; maintenance; and other tasks as may 6297
be required, within the resources available to the bureau. 6298
(b) Publish written planning guides, policies and 6299
procedures for use by agencies and institutions in planning future 6300
information technology. The bureau may require agencies and 6301
institutions to submit data, including periodic electronic 6302
equipment inventory listings, information on agency staffing, 6303
systems under study, planned applications for the future, and 6304
other information needed for the purposes of preparing the state 6305
master plan. The bureau may require agencies and institutions to 6306
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submit any additional data required for purposes of preparing the 6307
state master plan. 6308
(c) Inspect agency facilities and equipment, interview 6309
agency employees and review records at any time deemed necessary 6310
by the bureau for the purpose of identifying cost-effective 6311
applications of electronic information technology. Upon 6312
conclusion of any inspection, the bureau shall issue a management 6313
letter containing cost estimates and recommendations to the agency 6314
head and governing board concerning applications identified that 6315
would result in staff reductions, other monetary savings and 6316
improved delivery of public services. 6317
(d) Conduct classroom and on-site training for end 6318
users for applications and systems developed by the bureau. 6319
(e) Provide consulting services to agencies and 6320
institutions or Mississippi governmental subdivisions requesting 6321
technical assistance in information technology. The bureau may 6322
submit proposals and enter into contracts to provide services to 6323
agencies and institutions or governmental subdivisions for such 6324
purposes. 6325
(2) The bureau shall annually issue a three-year master plan 6326
in writing to the Governor, available on request to any member of 6327
the Legislature, including recommended statewide strategies and 6328
goals for the effective and efficient use of information 6329
technology in state government. The report shall also include 6330
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recommended information policy actions and other recommendations 6331
for consideration by the Governor and members of the Legislature. 6332
(3) The bureau shall make an annual report in writing to the 6333
Governor, available on request to any member of the Legislature, 6334
to include a full and detailed account of the work of the 6335
authority for the preceding year. The report shall contain 6336
recommendations to agencies and institutions resulting from 6337
inspections or consulting contracts. The report shall also 6338
contain a summary of the master plan, progress made, and 6339
legislative and policy recommendations for consideration by the 6340
Governor and members of the Legislature. 6341
(4) The bureau may charge fees to agencies and institutions 6342
for services rendered to them. The bureau may charge fees to 6343
vendors to recover the cost of providing procurement services and 6344
the delivery of procurement awards to public bodies. The amounts 6345
of such fees shall be set by the authority upon recommendation of 6346
the Executive Director of the ITS, and all such fees collected 6347
shall be paid into the fund established for carrying out the 6348
purposes of this section. 6349
(5) The bureau may, from time to time, at the discretion of 6350
the Executive Director of ITS, contract with firms or qualified 6351
individuals to be used to augment the bureau's professional staff 6352
in order to assure timely completion and implementation of 6353
assigned tasks, provided that funds are available in the fund 6354
established for carrying out the purposes of this section. Such 6355
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individuals may be employees of any agency, bureau or institution 6356
provided that these individuals or firms meet the requirements of 6357
other individuals or firms doing business with the state through 6358
the ITS. Individuals who are employees of an agency or 6359
institution may contract with the ITS only with the concurrence of 6360
the agency or institution for whom they are employed. 6361
From and after July 1, 2018, the expenses of this agency 6362
shall be defrayed by appropriation from the State General Fund. 6363
In addition, in order to receive the maximum use and benefit from 6364
information technology, expenses for the provision of statewide 6365
shared services that facilitate cost-effective information 6366
processing and telecommunication solutions shall be defrayed by 6367
pass-through funding and shall be deposited into the Mississippi 6368
Department of Information Technology Services Revolving Fund 6369
unless otherwise specified by the Legislature. These funds shall 6370
only be utilized to pay the actual costs incurred by the ITS for 6371
providing these shared services to state agencies. Furthermore, 6372
state agencies shall work in full cooperation with the ITS to 6373
identify information technology to minimize duplication, reduce 6374
costs, and improve the efficiency of providing common technology 6375
services across agency boundaries. 6376
SECTION 130. Section 25-53-101, Mississippi Code of 1972, is 6377
brought forward as follows: 6378
25-53-101. (1) The Legislature finds that: 6379
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(a) The State of Mississippi needs to support 6380
stakeholders as they gather information and decide the best means 6381
to utilize and oversee artificial intelligence (AI) tools and 6382
systems used by the State of Mississippi's governing bodies; 6383
(b) The Legislature acknowledges that artificial 6384
intelligence cannot replace human creativity and involvement and 6385
so promotes responsibly using AI tools and systems while aligning 6386
and adhering to the state's long term policies, goals, values and 6387
missions while maintaining citizen trust and balancing the 6388
benefits, risks and potential dangers of artificial intelligence; 6389
and 6390
(c) As the use of artificial intelligence has 6391
implications for state, national and personal security and 6392
privacy, the use of artificial intelligence must be conducted in a 6393
responsible, ethical, transparent and beneficial manner. 6394
(2) There is hereby established the Artificial Intelligence 6395
Regulation (Air) Task Force. 6396
(3) (a) The task force shall consist of the following seven 6397
(7) voting members: 6398
(i) The Lieutenant Governor and Speaker of the 6399
House shall each appoint one (1) respective member of the 6400
Mississippi Senate and the Mississippi House of Representatives to 6401
serve as co-chairs of the task force; 6402
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(ii) The Executive Director of the Mississippi 6403
Department of Information Technology Services, or his or her 6404
designee; 6405
(iii) The Director of the Mississippi Artificial 6406
Intelligence Network (MAIN), or his or her designee; 6407
(iv) The Executive Director of the Mississippi 6408
Office of Homeland Security, or his or her designee; 6409
(v) The Adjutant General of the Mississippi 6410
National Guard, or his or her designee; and 6411
(vi) The Attorney General of Mississippi, or his 6412
or her designee. 6413
(b) The Chairpersons of the Artificial Intelligence 6414
Regulation (AIR) Task Force, with the advice and consent of the 6415
remaining official executive agency committee members specified in 6416
paragraph (a), or their respective designees, may appoint 6417
ex-officio nonvoting members to the task force to serve in an 6418
advisory capacity for such terms to be determined at the 6419
discretion of the task force. The voting members of the task 6420
force, upon a majority of its membership, present and voting, and 6421
spread upon its minutes, may reduce or expand the number of 6422
ex-officio members who may serve, provided that such members are 6423
deemed necessary to provide expertise or access to resources 6424
involving AI technology and are representative of: 6425
(i) Workforce development, who possesses expert 6426
knowledge of and experience with AI technology; 6427
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(ii) Elementary and secondary education, public or 6428
private, who possesses expert knowledge of and experience with AI 6429
technology; 6430
(iii) Four-year postsecondary education, public or 6431
private, who possesses expert knowledge of and experience with AI 6432
technology; 6433
(iv) Two-year postsecondary education, public or 6434
proprietary, who possesses expert knowledge of and experience with 6435
AI technology; 6436
(v) Healthcare, who possesses expert knowledge of 6437
and experience with AI technology; 6438
(vi) Private business entity, who possesses expert 6439
knowledge of and experience with AI technology, including, but not 6440
limited to: 6441
1. Data storage and management; 6442
2. Cloud computing infrastructure; 6443
3. Computer power provided by graphic 6444
processing units, tensor processing units and quantum computing; 6445
4. Data processing and preparation through 6446
data cleaning, data integration and ETL (extract, transform and 6447
load) process; 6448
5. AI algorithms and frameworks; 6449
6. AI software and applications; 6450
7. Data security and privacy; 6451
8. AI governance and ethical frameworks; 6452
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9. Integration with business processes; 6453
10. Training and talent development; and 6454
(vii) Automation and manufacturing; 6455
(viii) Ethics and transparency; 6456
(ix) Agriculture; and 6457
(x) Entertainment. 6458
(4) The Legislative members named by the Lieutenant Governor 6459
and Speaker of the House of Representatives shall serve as 6460
co-chairs of the AIR Task Force. The task force must meet within 6461
fifteen (15) days of the effective date of this act upon the call 6462
of the co-chairs, and at its first meeting shall elect any 6463
officers from among its members as it deems necessary for the 6464
efficient discharge of the task force's duties. 6465
(5) The task force shall adopt rules and regulations 6466
governing times and places for meetings and governing the manner 6467
of conducting its business. A majority of the members shall 6468
constitute a quorum for the purpose of conducting any business of 6469
the task force, and a majority vote of all members present shall 6470
be required for any recommendations to the Legislature. 6471
(6) The task force shall be responsible for balancing 6472
innovation and public interest while endeavoring to mitigate risks 6473
and unintended consequences of AI and its regulation. The task 6474
force shall: 6475
(a) Facilitate and evaluate through comprehensive 6476
review, develop tentative drafts of any necessary proposed 6477
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revisions to the Mississippi Code involving the regulation of AI 6478
technologies, which may or may not include the following: 6479
(i) Fostering innovation by providing an 6480
environment for businesses and organizations to develop and test 6481
AI systems under relaxed regulatory constraints; 6482
(ii) Regulatory oversight of the designing, 6483
testing and refinement of regulations to ensure responsible AI 6484
deployment; 6485
(iii) Collaborating with stakeholders to bridge 6486
communication and idea exchanges between developers, policymakers 6487
and the public to align AI innovation with ethical and societal 6488
goals; and 6489
(iv) Any other areas as deemed necessary by the 6490
task force. 6491
(b) Review laws, policies and procedures concerning the 6492
use of AI technology established by the United States Congress and 6493
other state legislatures, if any, and compile a list of 6494
recommendations to include in the report required by this act. 6495
The review shall focus on, but not be limited to focusing on: 6496
(i) Privacy and data protection; 6497
(ii) Development for a framework for AI testing; 6498
(iii) Compliance with ethical standards which 6499
enforce adherence to fairness, accountability, transparency, 6500
disclosures and promoting equitable outcomes; 6501
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(iv) Assessment of risk and benefits which 6502
measures the societal and economic impact of AI innovations; 6503
(v) Liability; 6504
(vi) Constituent and consumer impact; 6505
(vii) Bias and social impact; and 6506
(viii) Copyright and provenance. 6507
(c) Consider implementation and use of artificial 6508
intelligence in state government agencies and compile a list of 6509
recommendations of best practices and potential uses for AI 6510
technologies in government to include in the report required by 6511
this act; 6512
(d) Consider ways to allocate funding for development 6513
and use of artificial intelligence technologies in the state and 6514
draft proposals accordingly to include in the report required by 6515
this act; and 6516
(e) Any other issues related to artificial intelligence 6517
technologies that the task force finds appropriate to address. 6518
(7) Members of the task force shall receive a per diem in 6519
the amount provided in Section 25-3-69 for each day engaged in the 6520
business of the task force. Members of the task force other than 6521
the legislative members shall receive reimbursement for travel 6522
expenses incurred while engaged in official business of the task 6523
force in accordance with Section 25-3-41, and the legislative 6524
members of the task force shall receive the expense allowance 6525
provided for in Section 5-1-47. 6526
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(8) The Joint Legislative Committee on Performance 6527
Evaluation and Expenditure Review shall provide necessary clerical 6528
support for the meetings of the task force and the preparation of 6529
the report, with assistance from the clerical and legal staff of 6530
the Mississippi House of Representatives and the Mississippi 6531
Senate. 6532
(9) The task force is authorized to apply for and accept 6533
gifts, grants, subsidies and other funds from persons, 6534
corporations, foundations, the United States government or other 6535
entities, and the receipt of any gifts, grants, subsidies or funds 6536
shall be reported and otherwise accounted for in the manner 6537
provided by law. If financial subsidies are sufficient, the task 6538
force may hire additional contract staff to support its work. 6539
25-53-101. (11) The task force may request the assistance 6540
of the Joint Legislative Committee on Performance Evaluation and 6541
Expenditure Review, the legal staffs of the Mississippi House of 6542
Representatives and the Mississippi Senate, or any other related 6543
organization with expertise in domestic relations. 6544
(12) The work of the task force described in this act 6545
relates to sensitive matters of security. Notwithstanding any 6546
other law, the meetings, work and findings of the commission as 6547
described in this act are not subject to the requirements of 6548
Chapters 41 or 61 of Title 25, Mississippi Code of 1972. 6549
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(13) The task force shall report its findings and 6550
recommendations to the Legislature annually not later than 6551
December 1 each year, and shall dissolve in December 31, 2027. 6552
SECTION 131. Section 25-53-105, Mississippi Code of 1972, is 6553
brought forward as follows: 6554
25-53-105. The Mississippi Department of Information 6555
Technology Services shall administer the provisions of Sections 6556
25-53-109 through 25-53-125. The purposes and aims of the 6557
Mississippi Department of Information Technology Services in 6558
carrying out said provisions shall be to coordinate and promote 6559
efficiency in the acquisition, operation and maintenance of all 6560
telecommunications systems and networks being used by agencies of 6561
the state and further to coordinate the compatibility of systems 6562
and networks to the state with those of governing authorities so 6563
as to promote a uniform, compatible telecommunications system for 6564
agencies and governing authorities. 6565
SECTION 132. Section 25-53-107, Mississippi Code of 1972, is 6566
brought forward as follows: 6567
25-53-107. (1) The Mississippi Department of Information 6568
Technology Services shall promulgate rules and regulations 6569
governing the manner in which the authority and duties prescribed 6570
by Sections 25-53-101 through 25-53-125 shall be carried out. It 6571
shall employ competent personnel necessary to carry out its 6572
purposes, under rules promulgated by the State Personnel Board. 6573
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(2) The bureau, during a fiscal year, may utilize 6574
time-limited escalated positions in order to implement 6575
telecommunications enterprise decisions that yield cost avoidance, 6576
cost reductions or revenue increases and so long as the 6577
Mississippi Department of Information Technology Services can 6578
provide the necessary funds without such action causing a 6579
telephone service rate increase to agency customers. Such 6580
employees of the bureau shall be considered nonstate service 6581
employees, shall be highly qualified telecommunications 6582
professionals and may be compensated at a rate comparable to the 6583
prevailing rate of telecommunications personnel in the private 6584
sector. Such compensation rates shall be determined by the State 6585
Personnel Director. The number of such positions shall be set by 6586
annual appropriation legislation. The compensation and 6587
classification of such positions and qualifications of employees 6588
shall be set by the State Personnel Board upon recommendation by 6589
the Executive Director of the Mississippi Department of 6590
Information Technology Services. Nonstate service positions can 6591
be recommended for conversion to permanent state service on a case 6592
by case basis if the supported function appears long-term in 6593
duration, if accomplished in accordance with State Personnel Board 6594
procedures, and if properly identified in the state budgetary 6595
process. 6596
SECTION 133. Section 25-53-109, Mississippi Code of 1972, is 6597
brought forward as follows: 6598
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25-53-109. The bureau is hereby authorized and empowered to 6599
exercise such duties and powers necessary to effectuate the 6600
purposes of Sections 25-53-101 through 25-53-125 including the 6601
following: 6602
(a) Form an advisory council made up of persons with 6603
expertise, and experience in the field of telecommunications for 6604
the purpose of setting goals, establishing long-range plans and 6605
policies and to oversee and assist in the procurement activities 6606
regarding telecommunications equipment and services; 6607
(b) Provide more effective management of state 6608
telecommunications resources and implement long-range plans and 6609
procurement; 6610
(c) Manage, plan and coordinate all telecommunications 6611
systems under the jurisdiction of the state. This centralized 6612
management function would be provided throughout the following 6613
activities: 6614
(i) Administration of existing systems including 6615
coordination of activities, vendors, service orders and 6616
billing/record-keeping functions; 6617
(ii) Planning of new systems or services; 6618
(iii) Design of replacement systems; 6619
(iv) Project management during specification 6620
writing, bid letting, proposal evaluation and contract 6621
negotiations; 6622
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(v) Implementation supervision of new systems and 6623
ongoing support; 6624
(vi) Implementation of long-term state plans; and 6625
(vii) Management of intra-LATA and inter-LATA 6626
networks. 6627
SECTION 134. Section 25-53-111, Mississippi Code of 1972, is 6628
brought forward as follows: 6629
25-53-111. The bureau shall have the following additional 6630
duties: 6631
(a) To establish and coordinate through either state 6632
ownership or commercial leasing, all telecommunications systems 6633
and services affecting the management and operations of the state. 6634
(b) To act as the sole centralized customer for the 6635
acquisition, billing and record keeping of all telecommunications 6636
systems or services provided to state agencies whether obtained 6637
through lease or purchase. 6638
(c) To charge respective user agencies for their 6639
proportionate cost of the installation, maintenance and operation 6640
of the telecommunications systems and services, including the 6641
operation of the bureau. 6642
(d) To offer or provide transmission, switch and 6643
network services on a reimbursable basis to agencies financed 6644
entirely by federal funds, to governing authorities and to other 6645
governmental agencies. 6646
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(e) To approve or provide state telephone services on a 6647
reimbursable basis to full-time students at state institutions of 6648
higher learning and junior colleges, including where such services 6649
are provided by the state or the institution. 6650
(f) To develop coordinated telecommunications systems 6651
or services within and among all state agencies and require, where 6652
appropriate, cooperative utilization of telecommunications 6653
equipment and services by aggregating users. Where such 6654
cooperative utilization of telecommunications system or service 6655
would affect an agency authorized to receive information from the 6656
National Crime Information Center of the Federal Bureau of 6657
Investigation, such plans for cooperative utilization shall first 6658
be approved by the National Crime Information Center before 6659
implementation of such telecommunications systems or service can 6660
proceed. 6661
(g) To review, coordinate, approve or disapprove all 6662
requests by state agencies for the procurement, through purchase 6663
or contract for lease of telecommunications systems or services 6664
including telecommunication proposals, studies and consultation 6665
contracts and intra-LATA and inter-LATA transmission channels. 6666
(h) To establish and define telecommunications systems 6667
and services specifications and designs so as to assure 6668
compatibility of telecommunications systems and services within 6669
state government and governing authorities. 6670
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(i) To provide a continuous, comprehensive analysis and 6671
inventory of telecommunications costs, facilities and systems 6672
within state government. 6673
(j) To promote, coordinate or assist in the design and 6674
engineering of emergency telecommunications systems, including but 6675
not limited to "911" service, emergency medical services and other 6676
emergency telecommunications services. 6677
(k) To advise and provide consultation to agencies and 6678
governing authorities with respect to telecommunications 6679
management planning and related matters and to provide training to 6680
users within state government in telecommunications technology and 6681
system use. 6682
(l) To develop policies, procedures and long-range 6683
plans, consistent with the protection of citizens' rights to 6684
privacy and access to information, for the acquisition and use of 6685
telecommunications systems, and to base such policies on current 6686
information about state telecommunications activities in relation 6687
to the full range of emerging technologies. 6688
Any state agency requesting an increase in expenditure of 6689
funds for new telecommunications equipment systems or services 6690
shall submit to the Legislative Budget Office with its budget 6691
request preceding the fiscal year for which funding is requested 6692
detailed justification for such request. The justification shall 6693
be provided on forms developed by the bureau in accordance with 6694
the Administrative Procedure Act. In addition, all state agencies 6695
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shall submit to the bureau, when requested, a long-range plan for 6696
use of telecommunications equipment, systems and services. 6697
SECTION 135. Section 25-53-113, Mississippi Code of 1972, is 6698
brought forward as follows: 6699
25-53-113. Each and every agency of the state shall give 6700
full cooperation to the bureau in furnishing all information of 6701
any kind as it pertains to telecommunications. 6702
SECTION 136. Section 25-53-115, Mississippi Code of 1972, is 6703
brought forward as follows: 6704
25-53-115. No agency shall rent, lease, lease/purchase, 6705
purchase or in any way own or pay for the operation of any 6706
telecommunications system out of any funds available for the use 6707
by that agency without the written approval of the bureau. 6708
SECTION 137. Section 25-53-117, Mississippi Code of 1972, is 6709
brought forward as follows: 6710
25-53-117. No agency shall be permitted to obligate the 6711
state to any vendor source for a telecommunications system of any 6712
kind. All transactions dealing with a telecommunications system 6713
shall be conducted through the bureau, and any vendor found in 6714
violation of this policy may be prohibited from bidding on such 6715
systems for a period of time commensurate with the severity of the 6716
violation. Provided, however, that this period shall not exceed 6717
twenty-four (24) months. 6718
SECTION 138. Section 25-53-119, Mississippi Code of 1972, is 6719
brought forward as follows: 6720
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25-53-119. The bureau shall, subject to the provisions of 6721
Sections 25-53-101 through 25-53-125, have sole authority and 6722
responsibility for defining the specific telecommunications 6723
equipment, systems and related services to which the provisions of 6724
Sections 25-53-101 through 25-53-125 shall be applicable. 6725
However, the provisions of Sections 25-53-101 through 25-53-125 6726
shall not be applicable with respect to computer and 6727
telecommunications equipment, systems and related services that 6728
are only available from a sole source. 6729
SECTION 139. Section 25-53-121, Mississippi Code of 1972, is 6730
brought forward as follows: 6731
25-53-121. (1) The types of contracts permitted in the 6732
procurement of telecommunications equipment, systems and related 6733
services are defined herein, and the provisions in Sections 6734
25-53-101 through 25-53-125 and 25-53-5 supplement the provisions 6735
of Chapter 7, Title 31, Mississippi Code of 1972. 6736
(2) The Mississippi Department of Information Technology 6737
Services may, on behalf of any state agency, enter into an 6738
equipment support contract with a vendor of telecommunications 6739
equipment or services for the purchase or lease of such equipment 6740
or services in accordance with the following provisions: 6741
(a) Specifications for equipment support contracts 6742
shall be developed in advance and shall conform to the following 6743
requirements: 6744
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(i) Specifications for equipment support contracts 6745
shall cover a specific class or classes of equipment and service 6746
and may include all features associated with that class or 6747
classes. 6748
(ii) Specifications in the bid for equipment 6749
support contracts shall be developed by the Mississippi Department 6750
of Information Technology Services. 6751
(iii) Specifications shall be based on the 6752
projected needs of user agencies. 6753
(iv) Specifications for equipment support 6754
contracts for purchase or lease of telecommunications equipment 6755
may include specifications for the maintenance of the equipment 6756
desired. 6757
(b) The initial procurement of an equipment support 6758
contract, and procurement of equipment and services to be utilized 6759
by agencies under an equipment support contract, shall be as 6760
follows: 6761
(i) Equipment support contracts shall be awarded 6762
in accordance with Section 25-53-5. 6763
(ii) A using agency may procure required 6764
telecommunications equipment and service available under an 6765
equipment support contract through release of a purchase order for 6766
the required equipment and service to the vendor holding an 6767
equipment support contract. However, such procurement by purchase 6768
order shall be accomplished in accordance with the procedures and 6769
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regulations prescribed by the Mississippi Department of 6770
Information Technology Services, and shall be subject to all other 6771
statutory requirements including approval by the bureau. 6772
(c) The final authority for entering into equipment 6773
support contracts shall rest with the bureau, and such contracts 6774
shall be executed by the Mississippi Department of Information 6775
Technology Services in accordance with the procedures and 6776
regulations defined by said authority. 6777
(d) Equipment support contracts shall include the 6778
following annual appropriation dependency clause: 6779
"The continuation of this contract is contingent upon the 6780
appropriation of funds to fulfill the requirements of the contract 6781
by the Legislature. If the Legislature fails to appropriate 6782
sufficient monies to provide for the continuance of the contract, 6783
the contract shall terminate on the date of the beginning of the 6784
first fiscal year for which funds are not appropriated." 6785
(3) The Mississippi Department of Information Technology 6786
Services may on behalf of any state agency enter into contracts 6787
for the lease or purchase of telecommunications equipment systems 6788
or services in accordance with the following provisions: 6789
(a) The bureau may directly contract for or approve 6790
contracts for regulated or tariffed telecommunications services 6791
upon determination by the bureau that the application of such 6792
service is in the best interests of the State of Mississippi. 6793
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(b) All other contracts of this type shall be entered 6794
into through a bid as defined in Section 25-53-3. 6795
(c) The justification of such contracts must be 6796
presented to the bureau. Such justification shall identify and 6797
consider all cost factors relevant to that contract. 6798
(d) [Deleted] 6799
(e) All lease contracts must contain the following 6800
annual appropriation dependency clause: 6801
"The continuation of this contract is contingent upon the 6802
appropriation of funds to fulfill the requirements of the contract 6803
by the Legislature. If the Legislature fails to appropriate 6804
sufficient monies to provide for the continuation of a contract, 6805
the contract shall terminate on the date of the beginning of the 6806
first fiscal year for which funds are not appropriated." 6807
(f) The Mississippi Department of Information 6808
Technology Services shall maintain a list of all such contracts. 6809
This list shall show as a minimum the name of the vendor, the 6810
annual cost of each contract and the term of the contract or the 6811
purchase cost. 6812
SECTION 140. Section 25-53-123, Mississippi Code of 1972, is 6813
brought forward as follows: 6814
25-53-123. (1) The only method of procurement permitted for 6815
the acquisition of nonregulated telecommunications systems, 6816
including equipment and related services, shall be in conformity 6817
with Section 25-53-5. 6818
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SECTION 141. Section 25-53-125, Mississippi Code of 1972, is 6819
brought forward as follows: 6820
25-53-125. The following general provisions shall apply to 6821
all procurements under Sections 25-53-101 through 25-53-125: 6822
(a) No contracts entered into hereunder shall have an 6823
initial effective date earlier than the date on which such 6824
contract receives approval as required herein. 6825
(b) All changes, modifications and amendments to any 6826
contract hereunder shall be approved in advance by the bureau, in 6827
addition to any other approvals required by law. 6828
(c) The bureau shall promulgate rules and regulations 6829
in accordance with the Administrative Procedures Law, Section 6830
25-43-1.101 et seq., Mississippi Code of 1972, for the 6831
establishment of contract format. 6832
(d) Where written proposals or bids are submitted by 6833
vendors, the proposal or bid of the successful vendor shall be 6834
incorporated into the final contract consummated with that vendor. 6835
(e) The provisions of Sections 25-53-101 through 6836
25-53-125 shall, with respect to the procurement of 6837
telecommunications equipment, systems or related services, 6838
supersede specifications of any contradictory or conflicting 6839
provisions of Chapter 7, Title 31, Mississippi Code of 1972, and 6840
other laws with respect to awarding public contracts. 6841
SECTION 142. Section 25-53-151, Mississippi Code of 1972, is 6842
brought forward as follows: 6843
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25-53-151. (1) There is established in the State Treasury 6844
the "Electronic Government Services Fund," into which shall be 6845
deposited specific funds appropriated by the Legislature for 6846
developing and providing electronic government services within the 6847
State of Mississippi. Any funds in the Electronic Government 6848
Services Fund at the end of a fiscal year shall not lapse into the 6849
State General Fund, but shall be available for expenditure in the 6850
subsequent fiscal year. The funds in the Electronic Government 6851
Fund shall be available for expenditure pursuant to specific 6852
appropriation by the Legislature beginning in fiscal year 2002, to 6853
the Mississippi Department of Information Technology Services. 6854
(2) There is hereby established an Electronic Government 6855
Oversight Committee to oversee the implementation of E-Government 6856
and related technology initiatives. Duties of this committee 6857
would include: (a) prioritize and make recommendations for all 6858
electronic government services, in order to cut across state and 6859
local governmental organizational structures; (b) address policy 6860
issues such as privacy, security, transaction fees and 6861
accessibility; (c) review ongoing fiscal and operational 6862
management and support of portal; (d) provide a mechanism for 6863
gathering input from citizens, businesses and government entities; 6864
(e) encourage self-service models for citizens through state 6865
websites and other electronic services; and (f) promote economic 6866
development and efficient delivery of government services by 6867
encouraging governmental and private sector entities to conduct 6868
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their business and transactions using electronic media. The 6869
Electronic Government Oversight Committee shall be composed of the 6870
following: (a) the Executive Director of the Mississippi 6871
Department of Information Technology Services, or his designee; 6872
(b) the State Auditor, or his designee; (c) the State Treasurer, 6873
or his designee; (d) the Secretary of State, or his designee; (e) 6874
the Executive Director of the Department of Finance and 6875
Administration, or his designee; (f) the Commissioner of Public 6876
Safety, or his designee; (g) the Commissioner of Revenue, or his 6877
designee; (h) the Executive Director of the Mississippi Department 6878
of Wildlife, Fisheries and Parks or his designee; (i) the 6879
Executive Director of the Department of Archives and History or 6880
his/her designee. The committee shall annually elect one (1) 6881
member to serve as chairman and one (1) member to serve as vice 6882
chairman, who shall act as chairman in the absence of the 6883
chairman. The committee shall meet monthly or upon the call of 6884
the chairman, and shall make necessary reports and recommendations 6885
to the Legislature and the appropriate agencies of state 6886
government. All agencies of state government shall cooperate with 6887
the committee in providing requested information, shall work 6888
closely with and provide information to the committee and shall 6889
report to the committee at its request. The Mississippi 6890
Department of Information Technology Services shall provide 6891
administrative support for the committee. Nonlegislative members 6892
of the committee shall serve without compensation. 6893
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(3) The Electronic Government Oversight Committee shall 6894
advise and provide direction to the Department of Finance and 6895
Administration to develop a procurement portal that will enable 6896
potential vendors of goods and services to access relevant and 6897
necessary information related to the sale of the following types 6898
of goods and services to the State of Mississippi and its 6899
agencies: 6900
(a) Commodities, as defined by Section 31-7-1; 6901
(b) Contract personnel, as defined by Sections 25-9-107 6902
and 25-9-120; and 6903
(c) Computer equipment and services, as defined by 6904
Section 25-53-3. 6905
(4) The procurement portal provided for in subsection (3) 6906
must provide potential vendors with the following: 6907
(a) A searchable database of business procurement 6908
opportunities with the state which includes a breakdown by product 6909
or service and by the organization seeking the product or service; 6910
(b) Listings of the published date and closing date for 6911
each business procurement opportunity; 6912
(c) A "Frequently Asked Questions" section regarding 6913
doing business with the respective agencies; 6914
(d) A breakdown of "Frequently Asked Questions" 6915
regarding the selection process with the respective agencies; 6916
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(e) An open-air forum for questions and answers 6917
relating to the procurement process, in general, as well as 6918
specifically relating to a single contract; and 6919
(f) Links to individual agency websites and contacts to 6920
enable potential vendors to obtain more specific information, if 6921
necessary. 6922
(5) The procurement portal must be linked to the 6923
Transparency Mississippi website established in accordance with 6924
Sections 27-104-151 through 27-104-163. The Mississippi 6925
Department of Information Technology Services shall develop and 6926
maintain a link to the procurement portal from the state website. 6927
From and after July 1, 2018, the expenses of this agency 6928
shall be defrayed by appropriation from the State General Fund. 6929
In addition, in order to receive the maximum use and benefit from 6930
information technology and services, expenses for the provision of 6931
statewide shared services that facilitate cost-effective 6932
information processing and telecommunication solutions shall be 6933
defrayed by pass-through funding and shall be deposited into the 6934
Mississippi Department of Information Technology Services 6935
Revolving Fund unless otherwise specified by the Legislature. 6936
These funds shall only be utilized to pay the actual costs 6937
incurred by the Mississippi Department of Information Technology 6938
Services for providing these shared services to state agencies. 6939
Furthermore, state agencies shall work in full cooperation with 6940
the Board of the Mississippi Department of Information Technology 6941
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Services (MDITS) to identify computer equipment or services to 6942
minimize duplication, reduce costs, and improve the efficiency of 6943
providing common technology services across agency boundaries. 6944
SECTION 143. Section 25-53-191, Mississippi Code of 1972, is 6945
brought forward as follows: 6946
25-53-191. (1) For the purposes of this section, the 6947
following terms shall have the meanings ascribed to them in this 6948
section unless the context otherwise clearly requires: 6949
(a) "Department" means the Mississippi Department of 6950
Information Technology. 6951
(b) "State agency" means any agency, department, 6952
commission, board, bureau, institution or other instrumentality of 6953
the state. 6954
(c) "Wireless communication device" means a cellular 6955
telephone, pager or a personal digital assistant device having 6956
wireless communication capability. 6957
(2) Before a wireless communication device may be assigned, 6958
issued or made available to an agency officer or employee, the 6959
agency head, or his designee, shall sign a statement certifying 6960
the need or reason for issuing the device. No officer or employee 6961
of any state agency, except for an officer or employee of the 6962
Mississippi Emergency Management Agency, shall be assigned or 6963
issued more than one (1) such wireless communication device. No 6964
officer or employee of any state agency to whom has been assigned, 6965
issued or made available the use of a wireless communication 6966
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device, the cost of which is paid through the use of public funds, 6967
shall use such device for personal use. 6968
(3) A state agency shall not reimburse any officer or 6969
employee for use of his or her personal wireless communication 6970
device. 6971
(4) Every state agency that, at the expense of the state 6972
agency, assigns, issues or makes available to any of its officers 6973
or employees a wireless communication device shall obtain and 6974
maintain detailed billing for every wireless communication device 6975
account. A list of approved vendors for the procurement of 6976
wireless communication devices and the delivery of wireless 6977
communication device services shall be developed for all state 6978
agencies by the Mississippi Department of Information Technology 6979
Services. The department shall exercise the option of selecting 6980
one (1) vendor from which to procure wireless communication 6981
devices and to provide wireless communication device services, or 6982
if it deems such to be most advantageous to the state agencies, it 6983
may select multiple vendors. The department shall select a vendor 6984
or vendors on the basis of lowest and best bid proposals. A state 6985
agency may not procure a wireless communication device from any 6986
vendor or contract for wireless communication device services with 6987
any vendor unless the vendor appears on the list approved by the 6988
department. A contract entered into in violation of this section 6989
shall be void and unenforceable. 6990
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(5) The department shall promulgate a model acceptable use 6991
policy defining the appropriate use of all wireless communication 6992
devices. The department shall include in its definition of 6993
appropriate use a prohibition on the downloading, accessing, or 6994
using of a prohibited technology pursuant to the National Security 6995
on State Devices and Networks Act. The acceptable use policy 6996
should specify that these resources, including both devices and 6997
services, are provided at the state agency's expense as tools for 6998
accomplishing the business missions of the state agency; that all 6999
those resources are for business use; and that more than 7000
incidental personal use of those resources is prohibited. The 7001
acceptable use policy should require that each official and 7002
employee issued one (1) of the above devices or authorized to 7003
access one (1) of the above services sign the policy and that the 7004
signed copy be placed in the personnel file of the official or 7005
employee. The acceptable use policy should also require that the 7006
use of these resources be tracked, verified and signed by the 7007
official or employee and the supervisor of the official or 7008
employee at each billing cycle or other appropriate interval. All 7009
state agencies shall adopt the model policy or adopt a policy that 7010
is, at minimum, as stringent as the model policy and shall provide 7011
a copy of the policy to the department. 7012
(6) All state agencies shall purchase or acquire only the 7013
lowest cost cellular telephone, pager or personal digital 7014
assistance device which will carry out its intended use. 7015
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(7) The University of Mississippi Medical Center and its 7016
employees, the Mississippi State University Extension Service and 7017
its agents and faculty members, the Mississippi State University 7018
Agricultural and Forestry Experiment Station and its faculty 7019
members, the Mississippi State University Forestry and Wildlife 7020
Research Center and its faculty members, and the Mississippi State 7021
University College of Veterinary Medicine and its faculty members 7022
shall be exempt from the application of this section. 7023
(8) Employees of State Institutions of Higher Learning shall 7024
be exempt from the provisions of this section when incurring 7025
international usage charges for the business-related use of their 7026
personal wireless communication devices during business-related 7027
international travel. Such exemption shall only apply after a 7028
determination by the employer-institution that reimbursement to 7029
the employee for the use of his or her personal wireless 7030
communication device is the lowest-cost option to prevent business 7031
interruption during such travel. 7032
(9) The State Auditor shall conduct necessary audits to 7033
ensure compliance with the provisions of this section. 7034
SECTION 144. Section 25-53-201, Mississippi Code of 1972, is 7035
brought forward as follows: 7036
25-53-201. (1) There is hereby established the Enterprise 7037
Security Program which shall provide for the coordinated oversight 7038
of the cybersecurity efforts across all state agencies, including 7039
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cybersecurity systems, services and the development of policies, 7040
standards and guidelines. 7041
(2) The Mississippi Department of Information Technology 7042
Services (MDITS), in conjunction with all state agencies, shall 7043
provide centralized management and coordination of state policies 7044
for the security of data and information technology resources, 7045
which such information shall be compiled by MDITS and distributed 7046
to each participating state agency. MDITS shall: 7047
(a) Serve as sole authority, within the constraints of 7048
this statute, for defining the specific enterprise cybersecurity 7049
systems and services to which this statute is applicable; 7050
(b) Acquire and operate enterprise technology solutions 7051
to provide services to state agencies when it is determined that 7052
such operation will improve the cybersecurity posture in the 7053
function of any agency, institution or function of state 7054
government as a whole; 7055
(c) Provide oversight of enterprise security policies 7056
for state data and information technology (IT) resources 7057
including, the following: 7058
(i) Establishing and maintaining the security 7059
standards and policies for all state data and IT resources state 7060
agencies shall implement to the extent that they apply; and 7061
(ii) Including the defined enterprise security 7062
requirements as minimum requirements in the specifications for 7063
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solicitation of state contracts for procuring data and information 7064
technology systems and services; 7065
(d) Adhere to all policies, standards and guidelines in 7066
the management of technology infrastructure supporting the state 7067
data centers, telecommunications networks and backup facilities; 7068
(e) Coordinate and promote efficiency and security with 7069
all applicable laws and regulations in the acquisition, operation 7070
and maintenance of state data, cybersecurity systems and services 7071
used by agencies of the state; 7072
(f) Manage, plan and coordinate all enterprise 7073
cybersecurity systems under the jurisdiction of the state; 7074
(g) Develop, in conjunction with agencies of the state, 7075
coordinated enterprise cybersecurity systems and services for all 7076
state agencies; 7077
(h) Provide ongoing analysis of enterprise 7078
cybersecurity systems and services costs, facilities and systems 7079
within state government; 7080
(i) Develop policies, procedures and long-range plans 7081
for the use of enterprise cybersecurity systems and services; 7082
(j) Form an advisory council of information security 7083
officers from each state agency to plan, develop and implement 7084
cybersecurity initiatives; 7085
(k) Coordinate the activities of the advisory council 7086
to provide education and awareness, identify cybersecurity-related 7087
issues, set future direction for cybersecurity plans and policy, 7088
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and provide a forum for interagency communications regarding 7089
cybersecurity; 7090
(l) Charge respective user agencies on a reimbursement 7091
basis for their proportionate cost of the installation, 7092
maintenance and operation of the cybersecurity systems and 7093
services; and 7094
(m) Require cooperative utilization of cybersecurity 7095
systems and services by aggregating users. 7096
(3) Each state agency's executive director or agency head 7097
shall: 7098
(a) Be solely responsible for the security of all data 7099
and IT resources under its purview, irrespective of the location 7100
of the data or resources. Locations include data residing: 7101
(i) At agency sites; 7102
(ii) On agency real property and tangible and 7103
intangible assets; 7104
(iii) On infrastructure in the State Data Centers; 7105
(iv) At a third-party location; 7106
(v) In transit between locations; 7107
(b) Ensure that an agency-wide security program is in 7108
place; 7109
(c) Designate an information security officer to 7110
administer the agency's security program; 7111
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(d) Ensure the agency adheres to the requirements 7112
established by the Enterprise Security Program, to the extent that 7113
they apply; 7114
(e) Participate in all Enterprise Security Program 7115
initiatives and services in lieu of deploying duplicate services 7116
specific to the agency; 7117
(f) Develop, implement and maintain written agency 7118
policies and procedures to ensure the security of data and IT 7119
resources. The agency policies and procedures are confidential 7120
information and exempt from public inspection, except that the 7121
information must be available to the Office of the State Auditor 7122
in performing auditing duties; 7123
(g) Implement policies and standards to ensure that all 7124
of the agency's data and IT resources are maintained in compliance 7125
with state and federal laws and regulations, to the extent that 7126
they apply; 7127
(h) Implement appropriate cost-effective safeguards to 7128
reduce, eliminate or recover from identified threats to data and 7129
IT resources; 7130
(i) Ensure that internal assessments of the security 7131
program are conducted. The results of the internal assessments 7132
are confidential and exempt from public inspection, except that 7133
the information must be available to the Office of the State 7134
Auditor in performing auditing duties; 7135
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(j) Include all appropriate cybersecurity requirements 7136
in the specifications for the agency's solicitation of state 7137
contracts for procuring data and information technology systems 7138
and services; 7139
(k) Include a general description of the security 7140
program and future plans for ensuring security of data in the 7141
agency long-range information technology plan; 7142
(l) Participate in annual information security training 7143
designed specifically for the executive director or agency head to 7144
ensure that such individual has an understanding of: 7145
(i) The information and information systems that 7146
support the operations and assets of the agency; 7147
(ii) The potential impact of common types of 7148
cyber-attacks and data breaches on the agency's operations and 7149
assets; 7150
(iii) How cyber-attacks and data breaches on the 7151
agency's operations and assets could impact the operations and 7152
assets of other state agencies on the Enterprise State Network; 7153
(iv) How cyber-attacks and data breaches occur; 7154
(v) Steps to be undertaken by the executive 7155
director or agency head and agency employees to protect their 7156
information and information systems; and 7157
(vi) The annual reporting requirements required of 7158
the executive director or agency head. 7159
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(4) The Mississippi Department of Information Technology 7160
Services shall evaluate the Enterprise Security Program. Such 7161
evaluation shall include the following factors: 7162
(a) Whether the Enterprise Security Program 7163
incorporates nationwide best practices; 7164
(b) Whether opportunities exist to centralize and 7165
coordinate oversight of cybersecurity efforts across all state 7166
agencies; 7167
(c) A review of the minimum enterprise security 7168
requirements that must be incorporated in solicitations for state 7169
contracts for procuring data and information technology systems 7170
and services; and 7171
(d) Whether opportunities exist to expand the 7172
Enterprise Security Program, including providing oversight of 7173
cybersecurity efforts of those governing authorities as defined in 7174
Section 25-53-3(e). 7175
In performing such evaluation, the Mississippi Department of 7176
Information Technology Services may retain experts. This 7177
evaluation shall be completed by November 1, 2023. All records in 7178
connection with this evaluation shall be exempt from the 7179
Mississippi Public Records Act of 1983, pursuant to Section 7180
25-61-11.2(f) and (k). 7181
(5) For the purpose of this subsection, the following words 7182
shall have the meanings ascribed herein, unless the context 7183
clearly indicates otherwise: 7184
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(a) "Cyberattack" shall mean any attempt to gain 7185
illegal access, including any data breach, to a computer, computer 7186
system or computer network for purposes of causing damage, 7187
disruption or harm. 7188
(b) "Ransomware" shall mean a computer contaminant or 7189
lock placed or introduced without authorization into a computer, 7190
computer system or computer network that restricts access by an 7191
authorized person to the computer, computer system, computer 7192
network or any data therein under circumstances in which the 7193
person responsible for the placement or introduction of the 7194
ransomware demands payment of money or other consideration to 7195
remove the computer contaminant, restore access to the computer, 7196
computer system, computer network or data, or otherwise remediate 7197
the impact of the computer contaminant or lock. 7198
(c) From and after July 1, 2023, all state agencies 7199
shall notify the Mississippi Department of Information Technology 7200
Services of any cyberattack or demand for payment as a result of 7201
ransomware no later than the close of the next business day 7202
following the discovery of such cyberattack or demand. The 7203
Mississippi Department of Information Technology Services shall 7204
develop a reporting format to be utilized by state agencies to 7205
provide such notification. The Mississippi Department of 7206
Information Technology Services shall periodically analyze all 7207
such reports and attempt to identify any patterns or weaknesses in 7208
the state's cybersecurity efforts. Such reports shall be exempt 7209
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from the Mississippi Public Records Act of 1983, pursuant to 7210
Section 25-61-11.2(j). 7211
SECTION 145. Section 25-53-257, Mississippi Code of 1972, is 7212
brought forward as follows: 7213
25-53-257. (1) The Cloud Center of Excellence (CCOE) shall 7214
establish a two-year phased implementation plan, which shall 7215
accomplish the following benchmarks by July 1, 2027: 7216
(a) Conduct statewide readiness assessments and develop 7217
detailed cloud migration plans for pilot agencies; 7218
(b) Initiate pilot migrations for selected state 7219
agencies, establish key performance indicators (KPIs) and refine 7220
processes based on feedback; 7221
(c) Expand cloud adoption to additional state agencies, 7222
focusing on optimizing resource utilization and ensuring adherence 7223
to best practices; 7224
(d) Integrate governing authorities into the cloud 7225
ecosystem and provide support for local governments, postsecondary 7226
educational institutions and school districts; and 7227
(e) Achieve full statewide adoption of cloud services, 7228
with ongoing monitoring, training, and optimization provided by 7229
the CCOE for all state agencies and governing authorities. 7230
(2) During the implementation described in subsection (1), 7231
each state agency and governing authority integrated into the CCOE 7232
at that time shall consider: 7233
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(a) Cloud computing service options, including any 7234
security benefits and cost savings associated with purchasing 7235
those service options from a cloud computing service provider and 7236
from a statewide technology center established by the department, 7237
when making purchases; and 7238
(b) Cloud computing service options and compatibility 7239
with cloud computing services in the development of new 7240
information technology software applications. 7241
(3) (a) Except as provided by paragraph (b) of this 7242
subsection, a state agency or governing authority shall ensure, 7243
when making purchases for an automated information system, that 7244
the system is capable of being deployed and run on cloud computing 7245
services. 7246
(b) When making a purchase for an automated information 7247
system, a state agency or governing authority may determine that, 7248
due to integration limitations with legacy systems, security risks 7249
or costs, the state agency or governing authority is unable to 7250
purchase a system capable of being deployed and run on cloud 7251
computing services. 7252
(c) At least fourteen (14) days before the date a state 7253
agency or governing authority solicits bids, proposals, offers or 7254
other applicable expressions of interest for a purchase described 7255
by paragraph (b) of this subsection, the state agency or governing 7256
authority shall submit a report that describes the purchase and 7257
the agency's reasoning for making the purchase of an automated 7258
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information system to the Mississippi Department of Information 7259
Technology Services (ITS). 7260
(4) The department shall provide administrative support and 7261
oversight to the CCOE and ensure compliance with Sections 7262
25-53-251 through 25-53-263. 7263
(5) The department is authorized to: 7264
(a) Enter into agreements with cloud service providers 7265
to facilitate cost-effective procurement of cloud solutions; 7266
(b) Develop and enforce statewide cloud security and 7267
compliance standards; 7268
(c) Establish funding mechanisms, including interagency 7269
agreements, to support the operations of the CCOE; and 7270
(d) Promulgate rules and regulations necessary to carry 7271
out the provisions of Sections 25-53-251 through 25-53-263. 7272
SECTION 146. Section 25-58-21, Mississippi Code of 1972, is 7273
brought forward as follows: 7274
25-58-21. (1) There is established the Mississippi 7275
Coordinating Council for Remote Sensing and Geographic Information 7276
Systems, hereinafter referred to as the "council." The council 7277
shall set and assure enforcement of policies and standards to make 7278
it easier for remote sensing and geographic information system 7279
users around the state to share information and to facilitate 7280
cost-sharing arrangements to reduce the costs of acquiring remote 7281
sensing and geographic information system data. The council shall 7282
not oversee or regulate the activities of higher education 7283
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entities where it relates to the fields of teaching or research; 7284
however, the council shall be informed of these activities for the 7285
purpose of coordinating these higher education activities with 7286
other public remote sensing and GIS initiatives to achieve the 7287
maximum benefit for the State of Mississippi and its taxpayers. 7288
The council's responsibilities include, but are not limited to: 7289
(a) Coordination of remote sensing and geographic 7290
information system activities within Mississippi; 7291
(b) Establishing policies and standards to guide 7292
Mississippi Department of Information Technology Services (MDITS) 7293
in the review and approval of state and local government 7294
procurement of both hardware and software development relating to 7295
remote sensing and geographic information systems; 7296
(c) Oversight of MDITS' implementation of these 7297
responsibilities; 7298
(d) Preparing a plan, with proposed state funding 7299
priorities, for Mississippi's remote sensing and geographic 7300
information system activities, including development, operation 7301
and maintenance of the Mississippi Digital Earth Model; 7302
(e) Oversight of the Mississippi Department of 7303
Environmental Quality's development and maintenance of the 7304
Mississippi Digital Earth Model, including establishing policies 7305
and standards for the procurement of remote sensing and geographic 7306
information system data by state and local governmental entities 7307
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and establishing the order in which the seven (7) core data layers 7308
shall be developed; 7309
(f) Designating Mississippi's official representative 7310
to the National States Geographic Information Council and to any 7311
other national or regional remote sensing or geographical 7312
information system organizations on which Mississippi has an 7313
official seat; 7314
(g) Establishing and designating the members of an 7315
advisory committee made up of policy level officials from major 7316
state, local, regional and federal agencies, including, but not 7317
limited to, the National Association of Space Administration, the 7318
Mississippi Institute for Forestry Inventory, the Mississippi 7319
Department of Wildlife, Fisheries and Parks, the Mississippi 7320
Public Utilities Staff, the Department of Marine Resources, the 7321
county E911 coordinator, the State Health Officer, the 7322
Commissioner of Agriculture and Commerce, the State Tax 7323
Commission, the Council of Consulting Engineers and the 7324
Mississippi Band of Choctaw Indians, as well as members of the 7325
private sector; 7326
(h) Creating a staff level technical users committee, 7327
in which any public or private sector entity in Mississippi 7328
interested in remote sensing and geographic information may be 7329
allowed to participate; 7330
(i) Coordinating with the State Tax Commission to 7331
assure that state and local governmental entities do not have to 7332
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comply with two (2) sets of requirements imposed by different 7333
organizations. 7334
(2) The Mississippi Coordinating Council for Remote Sensing 7335
and Geographic Information Systems will be composed of the 7336
following members: 7337
(a) The Executive Director of the Mississippi 7338
Department of Environmental Quality; 7339
(b) The Executive Director of the Mississippi 7340
Department of Information Technology Services; 7341
(c) The Executive Director of the Mississippi 7342
Department of Transportation; 7343
(d) The Executive Director of the Mississippi Emergency 7344
Management Agency; 7345
(e) The Executive Director of the Mississippi 7346
Development Authority; 7347
(f) The Secretary of State; 7348
(g) The Executive Director of the Mississippi Forestry 7349
Commission; 7350
(h) The Director of the Mississippi State Board of 7351
Registered Professional Geologists; 7352
(i) A representative from the Institutions of Higher 7353
Learning, appointed by the Commissioner of the Institutions of 7354
Higher Learning; 7355
(j) One (1) mayor, serving a municipality, appointed by 7356
the Executive Director of the Mississippi Municipal League; 7357
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(k) The Executive Director of the Mississippi Municipal 7358
League or his designee who will serve as the member; 7359
(l) One (1) county supervisor appointed by the 7360
Executive Director of the Mississippi Association of Supervisors; 7361
(m) The Executive Director of the Mississippi 7362
Association of Supervisors or his designee who will serve as the 7363
member; 7364
(n) A member of the Tax Assessors/Collectors 7365
Association or the executive director of the association, to be 7366
appointed by the president of that association; 7367
(o) A representative of the Planning and Development 7368
Districts, appointed by the Governor; 7369
(p) A Senator, as a nonvoting member, appointed by the 7370
Lieutenant Governor; 7371
(q) A Representative, as a nonvoting member, appointed 7372
by the Speaker of the House; 7373
(r) A county surveyor who is a member of the 7374
Mississippi Association of Professional Surveyors, appointed by 7375
the president of the association; and 7376
The members listed in paragraphs (a) through (g) may appoint 7377
a designee, but the designee must be the head of an office, 7378
bureau, division or branch within the member's agency. 7379
The members of the council shall serve for a term concurrent 7380
with their service as an elected or appointed official or 7381
concurrent with the term of the appointing official. 7382
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The Executive Director of the Department of Environmental 7383
Quality shall serve as council chair and the Executive Director of 7384
Information Technology Services as vice chair for the first two 7385
(2) years. After the first two (2) years, the council shall elect 7386
from its members a chair and vice chair, for terms to be specified 7387
by the council. 7388
With regard to the designee chosen by the Executive Director 7389
of the Mississippi Municipal League or the Executive Director of 7390
the Mississippi Association of Supervisors, the designee shall 7391
become a permanent member of the council for a term concurrent 7392
with the term of the appointing executive director. 7393
(3) At the direction of the chairman of the council and 7394
contingent upon the availability of sufficient funds, each member 7395
may receive reimbursement for reasonable expenses, including 7396
travel expenses in accordance with rates established pursuant to 7397
Section 25-3-41, incurred in attending meetings of the council. 7398
Any member of the council who is also a state employee may not 7399
receive per diem compensation for attending meetings of the study 7400
committee, but may be reimbursed in accordance with Section 7401
25-3-41 for mileage and actual expenses incurred in the 7402
performance of the duties, if authorized by vote, at a meeting of 7403
the council, which action must be recorded in the official minutes 7404
of the meeting. Legislative members of the council will be paid 7405
from the contingent expense funds of their respective houses in 7406
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the same amounts as provided for committee meetings when the 7407
Legislature is not in session. 7408
(4) The council may accept money from any source, public or 7409
private, to be expended in implementing the duties under this 7410
section. 7411
(5) The council may utilize staff employed by the agencies 7412
affected by this section and any other assistance made available 7413
to it. 7414
SECTION 147. Section 25-61-5, Mississippi Code of 1972, is 7415
brought forward as follows: 7416
25-61-5. (1) (a) Except as otherwise provided by Sections 7417
25-61-9, 25-61-11, 25-61-11.2 and 37-153-7, all public records are 7418
hereby declared to be public property, and any person shall have 7419
the right to inspect, copy or mechanically reproduce or obtain a 7420
reproduction of any public record of a public body in accordance 7421
with reasonable written procedures adopted by the public body 7422
concerning the cost, time, place and method of access, and public 7423
notice of the procedures shall be given by the public body, or, if 7424
a public body has not adopted written procedures, the right to 7425
inspect, copy or mechanically reproduce or obtain a reproduction 7426
of a public record of the public body shall be provided within one 7427
(1) working day after a written request for a public record is 7428
made. No public body shall adopt procedures which will authorize 7429
the public body to produce or deny production of a public record 7430
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later than seven (7) working days from the date of the receipt of 7431
the request for the production of the record. 7432
(b) If a public body is unable to produce a public 7433
record by the seventh working day after the request is made, the 7434
public body must provide a written explanation to the person 7435
making the request stating that the record requested will be 7436
produced and specifying with particularity why the records cannot 7437
be produced within the seven-day period. Unless there is mutual 7438
agreement of the parties, in no event shall the date for the 7439
public body's production of the requested records be any later 7440
than fourteen (14) working days from the receipt by the public 7441
body of the original request. 7442
(2) If any public record contains material which is not 7443
exempted under this chapter, the public agency shall redact the 7444
exempted material and make the nonexempted material available for 7445
examination. Such public agency shall be entitled to charge a 7446
reasonable fee for the redaction of any exempted material, not to 7447
exceed the agency's actual cost. 7448
(3) Denial by a public body of a request for access to or 7449
copies of public records under this chapter shall be in writing 7450
and shall contain a statement of the specific exemption relied 7451
upon by the public body for the denial. Each public body shall 7452
maintain a file of all denials of requests for public records. 7453
Public bodies shall be required to preserve such denials on file 7454
for not less than three (3) years from the date such denials are 7455
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made. This file shall be made available for inspection or 7456
copying, or both, during regular office hours to any person upon 7457
written request. 7458
(4) Where any public body is preparing or conducting a 7459
competitive procurement, the time limitations contained in this 7460
section shall be tolled until the public body determines it will 7461
not issue the procurement, cancels the procurement or issues a 7462
notice naming its intended awardee. 7463
(5) This section shall stand repealed on July 1, 2028. 7464
SECTION 148. Section 25-61-9, Mississippi Code of 1972, is 7465
brought forward as follows: 7466
25-61-9. (1) (a) Records furnished to public bodies by 7467
third parties which contain trade secrets or confidential 7468
commercial or financial information shall not be subject to 7469
inspection, examination, copying or reproduction under this 7470
chapter until notice to third parties has been given, but the 7471
records shall be released no later than twenty-one (21) days from 7472
the date the third parties are given notice by the public body 7473
unless the third parties have filed in chancery court a petition 7474
seeking a protective order on or before the expiration of the 7475
twenty-one-day time period. Any party seeking the protective 7476
order shall give notice to the party requesting the information in 7477
accordance with the Mississippi Rules of Civil Procedure. 7478
(b) If a court determines that a person or entity has 7479
made duplicative requests for public records that are the subject 7480
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of a protective order under paragraph (a) of this subsection, the 7481
court shall order the requesting person or entity to reimburse the 7482
third party's costs and attorney's fees for seeking additional 7483
protective orders for the same or substantially similar requests 7484
for public records. 7485
(2) If any public record which is held to be exempt from 7486
disclosure pursuant to this chapter contains material which is not 7487
exempt pursuant to this chapter, the public body shall separate 7488
the exempt material and make the nonexempt material available for 7489
examination or copying, or both, as provided for in this chapter. 7490
(3) Trade secrets and confidential commercial and financial 7491
information of a proprietary nature developed by a college, 7492
university or public hospital under contract with a firm, 7493
business, partnership, association, corporation, individual or 7494
other like entity shall not be subject to inspection, examination, 7495
copying or reproduction under this chapter. 7496
(4) Misappropriation of a trade secret shall be governed by 7497
the provisions of the Mississippi Uniform Trade Secrets Act, 7498
Sections 75-26-1 through 75-26-19. 7499
(5) A waste minimization plan and any updates developed by 7500
generators and facility operators under the Mississippi 7501
Comprehensive Multimedia Waste Minimization Act of 1990 shall be 7502
retained at the facility and shall not be subject to inspection, 7503
examination, copying or reproduction under this chapter. 7504
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(6) Data processing software obtained by an agency under a 7505
licensing agreement that prohibits its disclosure and which 7506
software is a trade secret, as defined in Section 75-26-3, and 7507
data processing software produced by a public body which is 7508
sensitive must not be subject to inspection, copying or 7509
reproduction under this chapter. 7510
As used in this subsection, "sensitive" means only those 7511
portions of data processing software, including the specifications 7512
and documentation, used to: 7513
(a) Collect, process, store, and retrieve information 7514
which is exempt under this chapter. 7515
(b) Control and direct access authorizations and 7516
security measures for automated systems. 7517
(c) Collect, process, store, and retrieve information, 7518
disclosure of which would require a significant intrusion into the 7519
business of the public body. 7520
(7) For all procurement contracts awarded by state agencies, 7521
the provisions of the contract which contain the commodities 7522
purchased or the personal or professional services provided, the 7523
unit prices contained within the procurement contracts, the 7524
overall price to be paid, and the term of the contract shall not 7525
be deemed to be a trade secret or confidential commercial or 7526
financial information under this section, and shall be available 7527
for examination, copying or reproduction as provided for in this 7528
chapter. Any party seeking a protective order for a procurement 7529
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contract awarded by state agencies shall give notice to and 7530
provide the reasons for the protective order to the party 7531
requesting the information in accordance with the Mississippi 7532
Rules of Civil Procedure. The notice and reasons for the 7533
protective order must be posted on the Mississippi procurement 7534
portal for a minimum of seven (7) days before filing the petition 7535
seeking the protective order in chancery court. Any party seeking 7536
a protective order in violation of this subsection may be barred 7537
by a state agency from submitting bids, proposals or 7538
qualifications for procurement for a period not to exceed five (5) 7539
years. 7540
SECTION 149. Section 27-103-129, Mississippi Code of 1972, 7541
is brought forward as follows: 7542
27-103-129. (1) To enable the Legislative Budget Office to 7543
prepare such budget, it shall have full and plenary power and 7544
authority to require all general-fund and special-fund agencies 7545
and the Mississippi Department of Transportation and the Division 7546
of State Aid Road Construction of the Mississippi Department of 7547
Transportation to file a budget request with such information and 7548
in such form and in such detail as it may deem necessary and 7549
advisable, and it shall have the further power and authority to 7550
reduce or eliminate any item or items of requested appropriation 7551
by any state agency in the Legislative Budget Office's recommended 7552
budget to the Legislature. However, where any item of requested 7553
appropriation shall be so reduced or eliminated, the head of the 7554
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agency involved shall have the right to appear before the 7555
appropriate legislative committee to urge a revision of the budget 7556
to restore the item reduced or eliminated. The budget requests 7557
shall include a definition of the mission of the agency, a 7558
description of the duties and responsibilities of the agency, 7559
financial data relative to the various programs operated by the 7560
agency and performance measures associated with each program of 7561
the agency. The performance measures to be contained within the 7562
agency budget request shall be developed by cooperative efforts of 7563
the Legislative Budget Office, the Department of Finance and 7564
Administration and the agency itself and shall be approved jointly 7565
by the Legislative Budget Office and the Department of Finance and 7566
Administration prior to inclusion within the agency budget 7567
request. The budget requests shall also include in an addendum 7568
format a five-year strategic plan for the agency which shall 7569
include, but not be limited to, the following items of 7570
information: 7571
(a) A comprehensive mission statement, 7572
(b) Performance effectiveness objectives for each 7573
program of the agency for each of the five (5) years covered by 7574
the plan, 7575
(c) A description of significant external factors which 7576
may affect the projected levels of performance, 7577
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(d) A description of the agency's internal management 7578
system utilized to evaluate its performance achievements in 7579
relationship to the targeted performance levels, 7580
(e) An evaluation by the agency of the agency's 7581
performance achievements in relationship to the targeted 7582
performance levels for the two (2) preceding fiscal years for 7583
which accounting records have been finalized. 7584
(2) All agencies enumerated in subsection (1) of this 7585
section shall include in their budget requests the following 7586
information regarding contract workers for the most recently 7587
completed fiscal year: 7588
(a) The name of each worker; 7589
(b) The specific type of services provided; 7590
(c) Hourly rate of compensation, or the basis for 7591
compensation if a rate other than the hourly rate is used; 7592
(d) Total gross salary or wages paid; and 7593
(e) Whether the worker is a retired member of the 7594
Public Employees' Retirement System. 7595
(3) (a) In addition to any other information required by 7596
law, each state agency, general-fund agency and special-fund 7597
agency, as defined in Section 27-103-103, desiring to purchase any 7598
vehicle as defined by this section shall submit as part of its 7599
budget request to the Legislative Budget Office and the Department 7600
of Finance and Administration a detailed justification for the 7601
proposed purchase. The Legislative Budget Office and the 7602
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Department of Finance and Administration shall jointly prescribe 7603
the forms and formats to be used by agencies making the requests. 7604
Such forms shall require, at minimum, the following information: 7605
(i) The kind of vehicle to be purchased; 7606
(ii) The person to whom the vehicle will be 7607
assigned and the employment responsibilities of that person which 7608
necessitate a state-owned vehicle; 7609
(iii) Whether the vehicle is a work vehicle or 7610
passenger vehicle; and 7611
(iv) If the vehicle is assigned to a pool and not 7612
an individual, the purposes for which the pool vehicle is assigned 7613
and the names of the anticipated users of the pool vehicle. 7614
(b) The Legislative Budget Office and the Department of 7615
Finance and Administration shall offer a recommendation to the 7616
Joint Legislative Budget Committee on all agency requests for 7617
vehicles. In making the recommendation, the Legislative Budget 7618
Office and the Department of Finance and Administration may 7619
consider break-even analyses for the kind of vehicle requested, 7620
the travel patterns of the person for whom the vehicle shall be 7621
acquired, and shall determine if there exists surplus vehicles in 7622
the possession of other agencies that could be used as a 7623
substitute for a new vehicle and why such vehicle should not be 7624
used. The purchase of vehicles by an agency shall be a specific 7625
line item in the agency's appropriation bill. 7626
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(c) If an agency determines that an urgent need exists 7627
for a vehicle when it is not feasible to obtain prior legislative 7628
approval, the agency may make an emergency request to the Bureau 7629
of Fleet Management. Any emergency determination shall be made 7630
only upon the existence of extraordinary circumstances. The 7631
Bureau of Fleet Management shall make a recommendation to the 7632
Executive Director of the Department of Finance and Administration 7633
and shall give notification of such recommendation to the 7634
Lieutenant Governor, the Speaker of the House and the Chairmen of 7635
the Senate and House of Representatives Appropriations Committees. 7636
The Executive Director of the Department of Finance and 7637
Administration shall have the final authority to approve or 7638
disapprove the emergency request. The executive director must set 7639
forth specific reasons for approval which shall be a public 7640
record. If approved and if adequate funding is available, the 7641
agency may purchase a specific vehicle to meet its specific 7642
emergency needs. The Bureau of Fleet Management shall report any 7643
emergency purchase to the Legislative Budget Office. Any such 7644
vehicle shall be subject to the same rules and regulations as 7645
provided for nonemergency vehicles. 7646
(d) For purposes of subsections (3) and (4) of this 7647
section, the term "passenger vehicle" shall mean a vehicle used 7648
primarily in transporting agency personnel and the agency's 7649
equipment from one location to another. This term shall include 7650
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only those vehicles for which a license plate or tag is required 7651
under Chapter 19, Title 27, Mississippi Code of 1972. 7652
(e) For purposes of subsections (3) and (4) of this 7653
section, the term "work vehicle" shall mean a vehicle used 7654
primarily to perform a work assignment or task while incidentally 7655
transporting agency personnel and agency equipment from one 7656
location to another. This term shall include only those vehicles 7657
for which a license plate or tag is required under Chapter 19, 7658
Title 27, Mississippi Code of 1972. 7659
(4) All state agencies, special-fund agencies and 7660
general-fund agencies making budget requests under the authority 7661
of this section shall include with their budget requests a report 7662
of all passenger and work vehicles in their possession. Such 7663
report shall detail the persons to whom the vehicles are assigned 7664
and the purposes for the vehicles. 7665
(5) Subsections (3) and (4) of this section shall not apply 7666
to any vehicle assigned to a sworn officer of the Department of 7667
Public Safety and used in undercover operations. 7668
(6) The provisions of subsections (3) and (4) of this 7669
section shall not apply to any state institution of higher 7670
learning. 7671
(7) The purchase of wireless communication devices as 7672
defined in Section 25-53-191 by any state agency, special-fund 7673
agency or general-fund agency making budget requests under the 7674
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authority of this section shall be a specific line item in the 7675
agency's appropriation bill. 7676
(8) (a) Beginning with the fiscal year 2017 budget 7677
submission, the Legislative Budget Office shall annually publish 7678
on its website all budget requests submitted under the authority 7679
of this section by state agencies, special-fund agencies and 7680
general-fund agencies and shall include all budget units for which 7681
budget requests are submitted. 7682
(b) Beginning with the fiscal year 2017 budget 7683
submission, any state agency, special-fund agency and general-fund 7684
agency making a budget request under the authority of this section 7685
shall annually publish on its agency website a copy of the budget 7686
request that it submitted. 7687
SECTION 150. Section 27-104-7, Mississippi Code of 1972, is 7688
brought forward as follows: 7689
27-104-7. (1) (a) There is created the Public Procurement 7690
Review Board, which shall be reconstituted on January 1, 2018, and 7691
shall be composed of the following members: 7692
(i) Three (3) individuals appointed by the 7693
Governor with the advice and consent of the Senate; 7694
(ii) Two (2) individuals appointed by the 7695
Lieutenant Governor with the advice and consent of the Senate; and 7696
(iii) The Executive Director of the Department of 7697
Finance and Administration, serving as an ex officio and nonvoting 7698
member. 7699
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(b) The initial terms of each appointee shall be as 7700
follows: 7701
(i) One (1) member appointed by the Governor to 7702
serve for a term ending on June 30, 2019; 7703
(ii) One (1) member appointed by the Governor to 7704
serve for a term ending on June 30, 2020; 7705
(iii) One (1) member appointed by the Governor to 7706
serve for a term ending on June 30, 2021; 7707
(iv) One (1) member appointed by the Lieutenant 7708
Governor to serve for a term ending on June 30, 2019; and 7709
(v) One (1) member appointed by the Lieutenant 7710
Governor to serve for a term ending on June 30, 2020. 7711
After the expiration of the initial terms, all appointed 7712
members' terms shall be for a period of four (4) years from the 7713
expiration date of the previous term, and until such time as the 7714
member's successor is duly appointed and qualified. 7715
(c) When appointing members to the Public Procurement 7716
Review Board, the Governor and Lieutenant Governor shall take into 7717
consideration persons who possess at least five (5) years of 7718
management experience in general business, health care or finance 7719
for an organization, corporation or other public or private 7720
entity. Any person, or any employee or owner of a company, who 7721
receives any grants, procurements or contracts that are subject to 7722
approval under this section shall not be appointed to the Public 7723
Procurement Review Board. Any person, or any employee or owner of 7724
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a company, who is a principal of the source providing a personal 7725
or professional service shall not be appointed to the Public 7726
Procurement Review Board if the principal owns or controls a 7727
greater than five percent (5%) interest or has an ownership value 7728
of One Million Dollars ($1,000,000.00) in the source's business, 7729
whichever is smaller. No member shall be an officer or employee 7730
of the State of Mississippi while serving as a voting member on 7731
the Public Procurement Review Board. 7732
(d) Members of the Public Procurement Review Board 7733
shall be entitled to per diem as authorized by Section 25-3-69 and 7734
travel reimbursement as authorized by Section 25-3-41. 7735
(e) The members of the Public Procurement Review Board 7736
shall elect a chair from among the membership, and he or she shall 7737
preside over the meetings of the board. The board shall annually 7738
elect a vice chair, who shall serve in the absence of the chair. 7739
No business shall be transacted, including adoption of rules of 7740
procedure, without the presence of a quorum of the board. Three 7741
(3) members shall be a quorum. No action shall be valid unless 7742
approved by a majority of the members present and voting, entered 7743
upon the minutes of the board and signed by the chair. Necessary 7744
clerical and administrative support for the board shall be 7745
provided by the Department of Finance and Administration. Minutes 7746
shall be kept of the proceedings of each meeting, copies of which 7747
shall be filed on a monthly basis with the chairs of the 7748
Accountability, Efficiency and Transparency Committees of the 7749
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Senate and House of Representatives and the chairs of the 7750
Appropriations Committees of the Senate and House of 7751
Representatives. 7752
(2) The Public Procurement Review Board shall have the 7753
following powers and responsibilities: 7754
(a) Approve all purchasing regulations governing the 7755
purchase or lease by any agency, as defined in Section 31-7-1, of 7756
commodities and equipment, except computer equipment acquired 7757
pursuant to Sections 25-53-1 through 25-53-29; 7758
(b) Adopt regulations governing the approval of 7759
contracts let for the construction and maintenance of state 7760
buildings and other state facilities as well as related contracts 7761
for architectural and engineering services. 7762
The provisions of this paragraph (b) shall not apply to such 7763
contracts involving buildings and other facilities of state 7764
institutions of higher learning which are self-administered as 7765
provided under this paragraph (b) or Section 37-101-15(m); 7766
(c) Adopt regulations governing any lease or rental 7767
agreement by any state agency or department, including any state 7768
agency financed entirely by federal funds, for space outside the 7769
buildings under the jurisdiction of the Department of Finance and 7770
Administration. These regulations shall require each agency 7771
requesting to lease such space to provide the following 7772
information that shall be published by the Department of Finance 7773
and Administration on its website: the agency to lease the space; 7774
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the terms of the lease; the approximate square feet to be leased; 7775
the use for the space; a description of a suitable space; the 7776
general location desired for the leased space; the contact 7777
information for a person from the agency; the deadline date for 7778
the agency to have received a lease proposal; any other specific 7779
terms or conditions of the agency; and any other information 7780
deemed appropriate by the Division of Real Property Management of 7781
the Department of Finance and Administration or the Public 7782
Procurement Review Board. The information shall be provided 7783
sufficiently in advance of the time the space is needed to allow 7784
the Division of Real Property Management of the Department of 7785
Finance and Administration to review and preapprove the lease 7786
before the time for advertisement begins; 7787
(d) Adopt, in its discretion, regulations to set aside 7788
at least five percent (5%) of anticipated annual expenditures for 7789
the purchase of commodities from minority businesses; however, all 7790
such set-aside purchases shall comply with all purchasing 7791
regulations promulgated by the department and shall be subject to 7792
all bid requirements. Set-aside purchases for which competitive 7793
bids are required shall be made from the lowest and best minority 7794
business bidder; however, if no minority bid is available or if 7795
the minority bid is more than two percent (2%) higher than the 7796
lowest bid, then bids shall be accepted and awarded to the lowest 7797
and best bidder. However, the provisions in this paragraph shall 7798
not be construed to prohibit the rejection of a bid when only one 7799
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(1) bid is received. Such rejection shall be placed in the 7800
minutes. For the purposes of this paragraph, the term "minority 7801
business" means a business which is owned by a person who is a 7802
citizen or lawful permanent resident of the United States and who 7803
is: 7804
(i) Black: having origins in any of the black 7805
racial groups of Africa; 7806
(ii) Hispanic: of Mexican, Puerto Rican, Cuban, 7807
Central or South American, or other Spanish or Portuguese culture 7808
or origin regardless of race; 7809
(iii) Asian-American: having origins in any of 7810
the original people of the Far East, Southeast Asia, the Indian 7811
subcontinent, or the Pacific Islands; 7812
(iv) American Indian or Alaskan Native: having 7813
origins in any of the original people of North America; or 7814
(v) Female; 7815
(e) In consultation with and approval by the Chairs of 7816
the Senate and House Public Property Committees, approve leases, 7817
for a term not to exceed eighteen (18) months, entered into by 7818
state agencies for the purpose of providing parking arrangements 7819
for state employees who work in the Woolfolk Building, the Carroll 7820
Gartin Justice Building or the Walter Sillers Office Building; 7821
(f) (i) Except as otherwise provided in subparagraph 7822
(ii) of this paragraph, promulgate rules and regulations governing 7823
the solicitation and selection of contractual services personnel, 7824
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including personal and professional services contracts for any 7825
form of consulting, policy analysis, public relations, marketing, 7826
public affairs, legislative advocacy services or any other 7827
contract that the board deems appropriate for oversight, with the 7828
exception of: 7829
1. Any personal service contracts entered 7830
into by any agency that employs only nonstate service employees as 7831
defined in Section 25-9-107(c); 7832
2. Any personal service contracts entered 7833
into for computer or information technology-related services 7834
governed by the Mississippi Department of Information Technology 7835
Services; 7836
3. Any personal service contracts entered 7837
into by the individual state institutions of higher learning; 7838
4. Any personal service contracts entered 7839
into by the Mississippi Department of Transportation; 7840
5. Any personal service contracts entered 7841
into by the Department of Human Services through June 30, 2019, 7842
which the Executive Director of the Department of Human Services 7843
determines would be useful in establishing and operating the 7844
Department of Child Protection Services; 7845
6. Any personal service contracts entered 7846
into by the Department of Child Protection Services through June 7847
30, 2019; 7848
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7. Any contracts for entertainers and/or 7849
performers at the Mississippi State Fairgrounds entered into by 7850
the Mississippi Fair Commission; 7851
8. Any contracts entered into by the 7852
Department of Finance and Administration when procuring aircraft 7853
maintenance, parts, equipment and/or services; 7854
9. Any contract entered into by the 7855
Department of Public Safety for service on specialized equipment 7856
and/or software required for the operation of such specialized 7857
equipment for use by the Office of Forensics Laboratories; 7858
10. Any personal or professional service 7859
contract entered into by the Mississippi Department of Health or 7860
the Department of Revenue solely in connection with their 7861
respective responsibilities under the Mississippi Medical Cannabis 7862
Act from February 2, 2022, through June 30, 2026; 7863
11. Any contract for attorney, accountant, 7864
actuary auditor, architect, engineer, anatomical pathologist, or 7865
utility rate expert services; 7866
12. Any personal service contracts approved 7867
by the Executive Director of the Department of Finance and 7868
Administration and entered into by the Coordinator of Mental 7869
Health Accessibility through June 30, 2022; 7870
13. Any personal or professional services 7871
contract entered into by the State Department of Health in 7872
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carrying out its responsibilities under the ARPA Rural Water 7873
Associations Infrastructure Grant Program through June 30, 2026; 7874
14. And any personal or professional services 7875
contract entered into by the Mississippi Department of 7876
Environmental Quality in carrying out its responsibilities under 7877
the Mississippi Municipality and County Water Infrastructure Grant 7878
Program Act of 2022, through June 30, 2026; 7879
15. Any personal or professional services 7880
contract entered into by an agency for the design, operation or 7881
maintenance of museum exhibits. An agency making a purchase under 7882
this exemption shall publicly advertise a Request for 7883
Qualifications but shall be otherwise exempt. Any contracts 7884
arising from the use of this exemption must be approved by the 7885
Public Procurement Review Board prior to execution by the agency; 7886
16. Any personal or professional services 7887
contract entered into by the Mississippi Department of 7888
Environmental Quality in carrying out its responsibilities under 7889
Section 49-2-13(l). This item 16 shall stand repealed on July 1, 7890
2028; and 7891
17. Any contract entered into by the State 7892
Department of Health for service on specialized equipment and/or 7893
software required for the operation of such specialized equipment 7894
for the use by the Public Health Laboratory. 7895
Any such rules and regulations shall provide for maintaining 7896
continuous internal audit covering the activities of such agency 7897
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affecting its revenue and expenditures as required under Section 7898
7-7-3(6)(d). Any rules and regulation changes related to personal 7899
and professional services contracts that the Public Procurement 7900
Review Board may propose shall be submitted to the Chairs of the 7901
Accountability, Efficiency and Transparency Committees of the 7902
Senate and House of Representatives and the Chairs of the 7903
Appropriation Committees of the Senate and House of 7904
Representatives at least fifteen (15) days before the board votes 7905
on the proposed changes, and those rules and regulation changes, 7906
if adopted, shall be promulgated in accordance with the 7907
Mississippi Administrative Procedures Act. 7908
(ii) From and after July 1, 2024, the Public 7909
Procurement Review Board shall promulgate rules and regulations 7910
that require the Department of Finance and Administration to 7911
conduct personal and professional services solicitations as 7912
provided in subparagraph (i) of this paragraph for those services 7913
in excess of Seventy-five Thousand Dollars ($75,000.00) for the 7914
Department of Marine Resources, the Department of Wildlife, 7915
Fisheries and Parks, the Mississippi Emergency Management Agency 7916
and the Mississippi Development Authority, with assistance to be 7917
provided from these entities. Any powers that have been conferred 7918
upon agencies in order to comply with the provisions of this 7919
section for personal and professional services solicitations shall 7920
be conferred upon the Department of Finance and Administration to 7921
conduct personal and professional services solicitations for the 7922
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Department of Marine Resources, the Department of Wildlife, 7923
Fisheries and Parks, the Mississippi Emergency Management Agency 7924
and the Mississippi Development Authority for those services in 7925
excess of Seventy-five Thousand Dollars ($75,000.00). The 7926
Department of Finance and Administration shall make any 7927
submissions that are required to be made by other agencies to the 7928
Public Procurement Review Board for the Department of Marine 7929
Resources, the Department of Wildlife, Fisheries and Parks, the 7930
Mississippi Emergency Management Agency and the Mississippi 7931
Development Authority. 7932
The provisions of this subparagraph (ii) shall stand repealed 7933
on June 30, 2027; 7934
(g) Approve all personal and professional services 7935
contracts involving the expenditures of funds in excess of 7936
Seventy-five Thousand Dollars ($75,000.00), except as provided in 7937
paragraph (f) of this subsection (2) and in subsection (8); 7938
(h) Develop mandatory standards with respect to 7939
contractual services personnel that require invitations for public 7940
bid, requests for proposals, record keeping and financial 7941
responsibility of contractors. The Public Procurement Review 7942
Board shall, unless exempted under this paragraph (h) or under 7943
paragraph (i) or (o) of this subsection (2), require the agency 7944
involved to submit the procurement to a competitive procurement 7945
process, and may reserve the right to reject any or all resulting 7946
procurements; 7947
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(i) Prescribe certain circumstances by which agency 7948
heads may enter into contracts for personal and professional 7949
services without receiving prior approval from the Public 7950
Procurement Review Board. The Public Procurement Review Board may 7951
establish a preapproved list of providers of various personal and 7952
professional services for set prices with which state agencies may 7953
contract without bidding or prior approval from the board; 7954
(i) Agency requirements may be fulfilled by 7955
procuring services performed incident to the state's own programs. 7956
The agency head shall determine in writing whether the price 7957
represents a fair market value for the services. When the 7958
procurements are made from other governmental entities, the 7959
private sector need not be solicited; however, these contracts 7960
shall still be submitted for approval to the Public Procurement 7961
Review Board. 7962
(ii) Contracts between two (2) state agencies, 7963
both under Public Procurement Review Board purview, shall not 7964
require Public Procurement Review Board approval. However, the 7965
contracts shall still be entered into the enterprise resource 7966
planning system; 7967
(j) Provide standards for the issuance of requests for 7968
proposals, the evaluation of proposals received, consideration of 7969
costs and quality of services proposed, contract negotiations, the 7970
administrative monitoring of contract performance by the agency 7971
and successful steps in terminating a contract; 7972
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(k) Present recommendations for governmental 7973
privatization and to evaluate privatization proposals submitted by 7974
any state agency; 7975
(l) Authorize personal and professional service 7976
contracts to be effective for more than one (1) year provided a 7977
funding condition is included in any such multiple year contract, 7978
except the State Board of Education, which shall have the 7979
authority to enter into contractual agreements for student 7980
assessment for a period up to ten (10) years. The State Board of 7981
Education shall procure these services in accordance with the 7982
Public Procurement Review Board procurement regulations; 7983
(m) Request the State Auditor to conduct a performance 7984
audit on any personal or professional service contract; 7985
(n) Prepare an annual report to the Legislature 7986
concerning the issuance of personal and professional services 7987
contracts during the previous year, collecting any necessary 7988
information from state agencies in making such report; 7989
(o) Develop and implement the following standards and 7990
procedures for the approval of any sole source contract for 7991
personal and professional services regardless of the value of the 7992
procurement: 7993
(i) For the purposes of this paragraph (o), the 7994
term "sole source" means only one (1) source is available that can 7995
provide the required personal or professional service. 7996
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(ii) An agency that has been issued a binding, 7997
valid court order mandating that a particular source or provider 7998
must be used for the required service must include a copy of the 7999
applicable court order in all future sole source contract reviews 8000
for the particular personal or professional service referenced in 8001
the court order. 8002
(iii) Any agency alleging to have a sole source 8003
for any personal or professional service, other than those 8004
exempted under paragraph (f) of this subsection (2) and subsection 8005
(8), shall publish on the procurement portal website established 8006
by Sections 25-53-151 and 27-104-165, for at least fourteen (14) 8007
days, the terms of the proposed contract for those services. In 8008
addition, the publication shall include, but is not limited to, 8009
the following information: 8010
1. The personal or professional service 8011
offered in the contract; 8012
2. An explanation of why the personal or 8013
professional service is the only one that can meet the needs of 8014
the agency; 8015
3. An explanation of why the source is the 8016
only person or entity that can provide the required personal or 8017
professional service; 8018
4. An explanation of why the amount to be 8019
expended for the personal or professional service is reasonable; 8020
and 8021
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5. The efforts that the agency went through 8022
to obtain the best possible price for the personal or professional 8023
service. 8024
(iv) If any person or entity objects and proposes 8025
that the personal or professional service published under 8026
subparagraph (iii) of this paragraph (o) is not a sole source 8027
service and can be provided by another person or entity, then the 8028
objecting person or entity shall notify the Public Procurement 8029
Review Board and the agency that published the proposed sole 8030
source contract with a detailed explanation of why the personal or 8031
professional service is not a sole source service. 8032
(v) 1. If the agency determines after review that 8033
the personal or professional service in the proposed sole source 8034
contract can be provided by another person or entity, then the 8035
agency must withdraw the sole source contract publication from the 8036
procurement portal website and submit the procurement of the 8037
personal or professional service to an advertised competitive bid 8038
or selection process. 8039
2. If the agency determines after review that 8040
there is only one (1) source for the required personal or 8041
professional service, then the agency may appeal to the Public 8042
Procurement Review Board. The agency has the burden of proving 8043
that the personal or professional service is only provided by one 8044
(1) source. 8045
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3. If the Public Procurement Review Board has 8046
any reasonable doubt as to whether the personal or professional 8047
service can only be provided by one (1) source, then the agency 8048
must submit the procurement of the personal or professional 8049
service to an advertised competitive bid or selection process. No 8050
action taken by the Public Procurement Review Board in this appeal 8051
process shall be valid unless approved by a majority of the 8052
members of the Public Procurement Review Board present and voting. 8053
(vi) The Public Procurement Review Board shall 8054
prepare and submit a quarterly report to the House of 8055
Representatives and Senate Accountability, Efficiency and 8056
Transparency Committees that details the sole source contracts 8057
presented to the Public Procurement Review Board and the reasons 8058
that the Public Procurement Review Board approved or rejected each 8059
contract. These quarterly reports shall also include the 8060
documentation and memoranda required in subsection (4) of this 8061
section. An agency that submitted a sole source contract shall be 8062
prepared to explain the sole source contract to each committee by 8063
December 15 of each year upon request by the committee; 8064
(p) Assess any fines and administrative penalties 8065
provided for in Sections 31-7-401 through 31-7-423. 8066
(3) All submissions shall be made sufficiently in advance of 8067
each monthly meeting of the Public Procurement Review Board as 8068
prescribed by the Public Procurement Review Board. If the Public 8069
Procurement Review Board rejects any contract submitted for review 8070
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or approval, the Public Procurement Review Board shall clearly set 8071
out the reasons for its action, including, but not limited to, the 8072
policy that the agency has violated in its submitted contract and 8073
any corrective actions that the agency may take to amend the 8074
contract to comply with the rules and regulations of the Public 8075
Procurement Review Board. 8076
(4) All sole source contracts for personal and professional 8077
services awarded by state agencies, other than those exempted 8078
under Section 27-104-7(2)(f) and (8), whether approved by an 8079
agency head or the Public Procurement Review Board, shall contain 8080
in the procurement file a written determination for the approval, 8081
using a request form furnished by the Public Procurement Review 8082
Board. The written determination shall document the basis for the 8083
determination, including any market analysis conducted in order to 8084
ensure that the service required was practicably available from 8085
only one (1) source. A memorandum shall accompany the request 8086
form and address the following four (4) points: 8087
(a) Explanation of why this service is the only service 8088
that can meet the needs of the purchasing agency; 8089
(b) Explanation of why this vendor is the only 8090
practicably available source from which to obtain this service; 8091
(c) Explanation of why the price is considered 8092
reasonable; and 8093
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(d) Description of the efforts that were made to 8094
conduct a noncompetitive negotiation to get the best possible 8095
price for the taxpayers. 8096
(5) In conjunction with the State Personnel Board, the 8097
Public Procurement Review Board shall develop and promulgate rules 8098
and regulations to define the allowable legal relationship between 8099
contract employees and the contracting departments, agencies and 8100
institutions of state government under the jurisdiction of the 8101
State Personnel Board, in compliance with the applicable rules and 8102
regulations of the federal Internal Revenue Service (IRS) for 8103
federal employment tax purposes. Under these regulations, the 8104
usual common law rules are applicable to determine and require 8105
that such worker is an independent contractor and not an employee, 8106
requiring evidence of lawful behavioral control, lawful financial 8107
control and lawful relationship of the parties. Any state 8108
department, agency or institution shall only be authorized to 8109
contract for personnel services in compliance with those 8110
regulations. 8111
(6) No member of the Public Procurement Review Board shall 8112
use his or her official authority or influence to coerce, by 8113
threat of discharge from employment, or otherwise, the purchase of 8114
commodities, the contracting for personal or professional 8115
services, or the contracting for public construction under this 8116
chapter. 8117
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(7) Notwithstanding any other laws or rules to the contrary, 8118
the provisions of subsection (2) of this section shall not be 8119
applicable to the Mississippi State Port Authority at Gulfport. 8120
(8) Nothing in this section shall impair or limit the 8121
authority of the Board of Trustees of the Public Employees' 8122
Retirement System to enter into any personal or professional 8123
services contracts directly related to their constitutional 8124
obligation to manage the trust funds, including, but not limited 8125
to, actuarial, custodial banks, cash management, investment 8126
consultant and investment management contracts. Nothing in this 8127
section shall impair or limit the authority of the State Treasurer 8128
to enter into any personal or professional services contracts 8129
involving the management of trust funds, including, but not 8130
limited to, actuarial, custodial banks, cash management, 8131
investment consultant and investment management contracts. 8132
(9) Through December 31, 2026, the provisions of this 8133
section related to rental agreements or leasing of real property 8134
for the purpose of conducting agency business shall not apply to 8135
the Office of Workforce Development created in Section 37-153-7. 8136
SECTION 151. Section 27-104-23, Mississippi Code of 1972, is 8137
brought forward as follows: 8138
27-104-23. The State Auditor and from and after July 1, 8139
1986, the State Fiscal Officer, shall maintain his records and 8140
accounts in such a manner that, insofar as funds paid from the 8141
State Treasury are concerned, only the amounts approved by the 8142
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State Fiscal Officer or authorized in the agency appropriation 8143
bill shall be available for expenditure during any allotment 8144
period by the state agency entitled thereto. The State Auditor, 8145
or the State Fiscal Officer, as the case may be, shall be liable 8146
on his official bond for any failure on his part to fully comply 8147
with the provisions of this section. 8148
It shall be the duty of any officer or employee of any state 8149
agency who is clothed with the authority to make purchases or 8150
obligations or incur expenses to keep records of such purchases, 8151
obligations, or expenses incurred by him, and such purchases, 8152
obligations, or expenses incurred shall be entered upon the 8153
records the day they are made. No such purchases, obligations, or 8154
expenses shall be incurred after June 30 of the then fiscal year 8155
which would encumber funds appropriated for the fiscal year just 8156
ending. It shall be the duty of each agency coming within the 8157
purview of Sections 27-103-101 through 27-103-139 and 27-104-1 8158
through 27-104-29 to submit, on or before July 15, a statement on 8159
a form prepared and furnished by the State Fiscal Officer, showing 8160
a detailed list of all encumbrances outstanding as of the close of 8161
the preceding fiscal year, together with purchase order numbers 8162
and such other information as the State Fiscal Officer may 8163
require. 8164
SECTION 152. Section 27-104-103, Mississippi Code of 1972, 8165
is brought forward as follows: 8166
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27-104-103. (1) The Department of Finance and 8167
Administration shall have the following duties and powers: 8168
(a) To provide administrative guidance to the various 8169
departments and agencies of state government; 8170
(b) To facilitate the expedient delivery of services 8171
and programs for the benefit of the citizens of the state; 8172
(c) To analyze and develop efficient management 8173
practices and assist departments and agencies in implementing 8174
effective and efficient work management systems; 8175
(d) To conduct management review of state agencies and 8176
departments and recommend a management plan to state departments 8177
and agencies when corrective action is required; 8178
(e) To, at least annually, report to the Governor and 8179
the Legislature on programs and actions taken to improve the 8180
conduct of state operations and to prepare and recommend 8181
management programs for effective and efficient management of the 8182
operations of state government; 8183
(f) To allocate the federal-state programs funds to the 8184
departments responsible for the delivery of the programs and 8185
services for which the appropriation was made; 8186
(g) To coordinate the planning functions of all 8187
agencies in the executive branch of government and review any and 8188
all plans which are developed by those agencies and departments; 8189
(h) To collect and maintain the necessary data on which 8190
to base budget and policy development issues; 8191
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(i) To develop and analyze policy recommendations to 8192
the Governor; 8193
(j) To develop and manage the executive budget process; 8194
(k) To prepare the executive branch budget 8195
recommendations; 8196
(l) To review and monitor the expenditures of the 8197
executive agencies and departments of government; 8198
(m) To manage the state's fiscal affairs; 8199
(n) To administer programs relating to general 8200
services, public procurement, insurance and the Bond Advisory 8201
Division; 8202
(o) To administer the state's aircraft operation. 8203
(2) The department shall have the following additional 8204
powers and duties under Chapter 18 of Title 17: 8205
(a) It shall acquire the site submitted by the 8206
Mississippi Hazardous Waste Facility Siting Authority and, if 8207
determined necessary, design, finance, construct and operate a 8208
state commercial hazardous waste management facility; 8209
(b) It may acquire by deed, purchase, lease, contract, 8210
gift, devise or otherwise any real or personal property, 8211
structures, rights-of-way, franchises, easements and other 8212
interest in land which is necessary and convenient for the 8213
construction or operation of the state commercial hazardous waste 8214
management facility, upon such terms and conditions as it deems 8215
advisable, hold, mortgage, pledge or otherwise encumber the same, 8216
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and lease, sell, convey or otherwise dispose of the same in such a 8217
manner as may be necessary or advisable to carry out the purposes 8218
of Chapter 18 of Title 17; 8219
(c) It shall develop and implement, in consultation 8220
with the Department of Environmental Quality, schedules of user 8221
fees, franchise fees and other charges, including nonregulatory 8222
penalties and surcharges applicable to the state commercial 8223
hazardous waste management facility; 8224
(d) It may employ consultants and contractors to 8225
provide services including site acquisition, design, construction, 8226
operation, closure, post-closure and perpetual care of the state 8227
commercial hazardous waste management facility; 8228
(e) It may apply for and accept loans, grants and gifts 8229
from any federal or state agency or any political subdivision or 8230
any private or public organization; 8231
(f) It shall make plans, surveys, studies and 8232
investigations as may be necessary or desirable with respect to 8233
the acquisition, development and use of real property and the 8234
design, construction, operation, closure and long-term care of the 8235
state commercial hazardous waste management facility; 8236
(g) It shall have the authority to preempt any local 8237
ordinance or restriction which prohibits or has the effect of 8238
prohibiting the establishment or operation of the state commercial 8239
hazardous waste management facility; 8240
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(h) It may negotiate any agreement for site 8241
acquisition, design, construction, operation, closure, 8242
post-closure and perpetual care of the state commercial hazardous 8243
waste management facility and may negotiate any agreement with any 8244
local governmental unit pursuant to Chapter 18 of Title 17; 8245
(i) It may promulgate rules and regulations necessary 8246
to effectuate the purposes of Chapter 18 of Title 17 not 8247
inconsistent therewith; 8248
(j) If funds are not appropriated or if the 8249
appropriated funds are insufficient to carry out the provisions of 8250
Chapter 18 of Title 17, the department shall expend any funds 8251
available to it from any source to defray its costs to implement 8252
Chapter 18 of Title 17 through February 1, 1991; 8253
(k) To carry out such duties and responsibilities 8254
assigned to it by the Public Procurement Review Board as provided 8255
in Section 27-104-7(2)(f); 8256
(l) To establish, with the approval of the Public 8257
Procurement Review Board, rules and regulations that prohibit 8258
agencies from requiring that a vendor be located in the same 8259
municipality or surrounding area as the agency. Such rules and 8260
regulations shall further prohibit agencies from giving preference 8261
to any vendor based on location. Such rules and regulations shall 8262
provide that a winning bidder without a local office shall be 8263
given a reasonable opportunity to open an office in Mississippi 8264
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when such local office is necessary to deliver the relevant 8265
services. 8266
The provisions of this paragraph (l) shall stand repealed on 8267
June 30, 2027. 8268
(3) From and after July 1, 2016, the expenses of the 8269
Department of Finance and Administration shall be defrayed by 8270
appropriation from the State General Fund and all user charges and 8271
fees authorized under law such as rents, MAGIC fees, and other 8272
fees for services shall be deposited into the State General Fund 8273
as authorized by law. 8274
(4) From and after July 1, 2016, the Department of Finance 8275
and Administration shall not charge another state agency a fee, 8276
assessment, rent or other charge for services or resources 8277
received by that state agency from the department. 8278
SECTION 153. Section 27-104-107, Mississippi Code of 1972, 8279
is brought forward as follows: 8280
27-104-107. (1) As used in this section, the following 8281
words shall have the meanings ascribed herein unless the context 8282
clearly requires otherwise: 8283
(a) "Department" means the Department of Finance and 8284
Administration. 8285
(b) "Commission" means the State Bond Commission. 8286
(c) "Director" means the Executive Director of the 8287
Department of Finance and Administration. 8288
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(d) "Committee" means the Joint Legislative Budget 8289
Committee. 8290
(e) "Office" means the Office of General Services of 8291
the Department of Finance and Administration. 8292
(2) In addition to any other authority conferred upon it, 8293
and subject to the approval of its proposal by the commission, the 8294
department may enter into purchase contracts, lease-purchase 8295
agreements, rental agreements or other similar contracts for the 8296
ultimate acquisition of real property by the state. Before 8297
entering into any purchase contract or lease-purchase agreement, 8298
the office must first demonstrate to the Public Procurement Review 8299
Board satisfactory evidence that the contract would be 8300
economically advantageous to the state and that any consolidation 8301
of agencies into buildings at a common location would not impair 8302
or impede the function of that agency in this location. The 8303
contracts shall be approved by the Public Procurement Review Board 8304
and the State Bond Commission. 8305
(3) Acquisitions shall be made only with legislative 8306
approval and be in accordance with a long-range development plan 8307
which the department shall annually prepare and present to the 8308
Legislature as a part of the Governor's capitol budget 8309
recommendation; however, if in the opinion of the Department of 8310
Finance and Administration circumstances involving a proposed 8311
acquisition are such that waiting for legislative approval will 8312
not be economically advantageous to the state or may cause the 8313
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state financial loss, then such acquisition may be made upon 8314
approval by the State Bond Commission after consultation with the 8315
Chairman of the Public Property Committee of the Senate and the 8316
Chairman of the Public Buildings, Grounds and Lands Committee of 8317
the House of Representatives. Acquisition of lands and buildings 8318
shall be based upon appraisals approved by the Department of 8319
Finance and Administration. The office shall not pay an amount in 8320
excess of the appraised value of the land and buildings to be 8321
acquired. The appraised value shall be determined by taking the 8322
average of two (2) appraisals performed by two (2) appraisers to 8323
be selected by the Department of Finance and Administration. 8324
Further, the office shall file quarterly reports describing this 8325
process and its progress with the Chairman of the Senate Public 8326
Property Committee and the Chairman of the House Public Buildings, 8327
Grounds and Lands Committee. 8328
(4) With the exception of the Public Employees' Retirement 8329
System, whenever any contract or agreement entered into is for and 8330
on behalf of the State of Mississippi, title to property, when 8331
acquired, shall vest in the State of Mississippi and not in the 8332
name of any state agency. Any building subject to a lease 8333
purchase agreement with the state shall be considered a 8334
state-owned building and therefore exempt from the assessment and 8335
levy of ad valorem taxes. 8336
(5) All contracts executed under this section shall include 8337
provisions whereby the obligation of the state for any payment in 8338
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excess of reasonable rental of the property while actually 8339
occupying the property is dependent upon the availability of 8340
appropriated funds for the purchase of the property. 8341
(6) Activity under this section shall be reported annually 8342
in a detailed resolution from the commission to the committee. 8343
(7) All funds allocated to rents and chargeable by the 8344
department shall be paid into a special fund that is created in 8345
the State Treasury. Unexpended amounts remaining in the special 8346
fund at the end of a fiscal year shall not lapse into the State 8347
General Fund, and any interest earned on amounts in the special 8348
fund shall be deposited to the credit of the special fund. This 8349
fund shall be used by the department (a) to retire indebtedness 8350
incurred in the acquisition of properties under this section; (b) 8351
to renovate, maintain and otherwise protect subject properties; 8352
(c) to pay the cost of utilities necessary to operate the 8353
buildings; and (d) to acquire properties in accordance with this 8354
section. 8355
SECTION 154. Section 27-104-109, Mississippi Code of 1972, 8356
is brought forward as follows: 8357
27-104-109. (1) In addition to any other duties of the 8358
Department of Finance and Administration (DFA), by January 1, 8359
2009, the DFA shall create a report of Mississippi-based companies 8360
that manufacture products using recycled materials. In addition 8361
to the name, location and phone number of the company, the report 8362
shall include: 8363
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(a) The name of products that are produced using 8364
recycled materials; and 8365
(b) The percent of the product that is made from 8366
recycled materials; and 8367
(c) The recommended use of such products by state 8368
agencies. 8369
(2) The DFA shall negotiate a price for the purchase of the 8370
products by state agencies and political subdivisions of the state 8371
and create rules and regulations to encourage state agencies and 8372
political subdivisions of the state to purchase the products at 8373
the negotiated prices. 8374
SECTION 155. Section 27-104-152, Mississippi Code of 1972, 8375
is brought forward as follows: 8376
27-104-152. The Legislature finds that the public should be 8377
able to easily access the details on how the state is spending tax 8378
dollars and other state funds and what performance results are 8379
achieved for the expenditures. It is the intent of the 8380
Legislature that the state, acting through the Department of 8381
Finance and Administration, create and maintain a searchable 8382
website providing access, to the extent possible, to where, for 8383
what purpose and what results are achieved for all taxpayer 8384
investments in state government. 8385
SECTION 156. Section 27-104-153, Mississippi Code of 1972, 8386
is brought forward as follows: 8387
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27-104-153. As used in Sections 27-104-151 through 8388
27-104-159: 8389
(a) "Searchable website" means an Internet site that: 8390
(i) Allows the public to access information 8391
identified in Sections 27-104-151 through 27-104-159 without any 8392
fee or charge to the public for that access; 8393
(ii) Provides keyword or other efficient search 8394
capability to support the public's ability to find, aggregate and 8395
display that information with reasonable ease by accessing a 8396
single website; and 8397
(iii) Allows the public to programmatically search 8398
and access all data in a serialized machine readable format, such 8399
as XML, via a Web-services application programming interface. 8400
(b) "Agency" means a state agency, department, 8401
institution, board, commission, council, office, bureau, division, 8402
committee or subcommittee of the state. The term "agency" 8403
includes individual agencies and programs as well as multiple 8404
agencies whenever programs and activities involve more than one 8405
(1) agency. The term "agency" includes all elective offices in 8406
the executive, legislative and judicial branches of state 8407
government. The term "agency" does not include counties or 8408
municipalities. 8409
(c) "Entity" or "recipient" means a corporation, 8410
association, union, limited liability company, limited liability 8411
partnership, grantee, contractor, county, municipality or other 8412
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local government entity, or any other legal business entity, 8413
including a nonprofit entity. The term "entity" or "recipient" 8414
does not include an individual recipient of state public 8415
assistance. 8416
(d) "Expenditure of state funds" means the disbursement 8417
or transfer of any funds, from any source or funds, whether 8418
appropriated or nonappropriated, from any agency. The term 8419
"expenditure of state funds" includes the expenditures from bond 8420
proceeds. 8421
(e) "Funding action" means the transfer of funds from a 8422
state agency to another entity for a specific purpose. These 8423
would include subgranting of funds for specific purposes or the 8424
funding through bonds or other authority specific projects and 8425
actions. 8426
(f) "Funding source" means the state account against 8427
which an expenditure is recorded. 8428
(g) "State audit or report" means any audit or report 8429
issued by the State Auditor, Joint Legislative Committee on 8430
Performance Evaluation and Expenditure Review (PEER) or an 8431
executive body relating to the entity or recipient of funds or to 8432
the budget program or activity or agency. 8433
SECTION 157. Section 27-104-155, Mississippi Code of 1972, 8434
is brought forward as follows: 8435
27-104-155. (1) The Department of Finance and 8436
Administration shall develop and operate a searchable website that 8437
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includes information on expenditures of state funds from all 8438
funding sources. The website shall have a unique and simplified 8439
website address, and the department shall require each agency that 8440
maintains a generally accessible Internet site or for which a 8441
generally accessible Internet site is maintained to include a link 8442
on the front page of the agency's Internet site to the searchable 8443
website required under this section. 8444
(a) With regard to disbursement of funds, the website 8445
shall include, but not be limited to: 8446
(i) The name and principal location of the entity 8447
or recipients of the funds, excluding release of information 8448
relating to an individual's place of residence, the identity of 8449
recipients of state or federal assistance payments, and any other 8450
information deemed confidential by state or federal law relating 8451
to privacy rights; 8452
(ii) The amount of state funds expended; 8453
(iii) A descriptive purpose of the funding action 8454
or expenditure; 8455
(iv) The funding source of the expenditure; 8456
(v) The budget program or activity of the 8457
expenditure; 8458
(vi) The specific source of authority and 8459
descriptive purpose of the expenditure, to include a link to the 8460
funding authorization document(s) in a searchable PDF form; 8461
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(vii) The specific source of authority for the 8462
expenditure including, but not limited to, a grant, subgrant, 8463
contract, or the general discretion of the agency director, 8464
provided that if the authority is a grant, subgrant or contract, 8465
the website entry shall include a grant, subgrant or contract 8466
number or similar information that clearly identifies the specific 8467
source of authority. The information required under this 8468
paragraph includes data relative to tax exemptions and credits; 8469
(viii) The expending agency; 8470
(ix) The type of transaction; 8471
(x) The expected performance outcomes achieved for 8472
the funding action or expenditure; 8473
(xi) Links to any state audit or report relating 8474
to the entity or recipient of funds or the budget program or 8475
activity or agency; and 8476
(xii) Any other information deemed relevant by the 8477
Department of Finance and Administration. 8478
(b) When the expenditure of state funds involves the 8479
expenditure of bond proceeds, the searchable website must include 8480
a clear, detailed description of the purpose of the bonds, a 8481
current status report on the project or projects being financed by 8482
the bonds, and a current status report on the payment of the 8483
principal and interest on the bonds. 8484
(c) The searchable website must include access to an 8485
electronic summary of each grant, including amendments; subgrant, 8486
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including amendments; contract, including amendments; and payment 8487
voucher that includes, wherever possible, a hyperlink to the 8488
actual document in a searchable PDF format, subject to the 8489
restrictions in paragraph (d) of this section. The Department of 8490
Finance and Administration may cooperate with other agencies to 8491
accomplish the requirements of this paragraph. 8492
(d) Nothing in Sections 27-104-151 through 27-104-159 8493
shall permit or require the disclosure of trade secrets or other 8494
proprietary information, including confidential vendor 8495
information, or any other information that is required to be 8496
confidential by state or federal law. 8497
(e) The information available from the searchable 8498
website must be updated no later than fourteen (14) days after the 8499
receipt of data from an agency, and the Department of Finance and 8500
Administration shall require each agency to provide to the 8501
department access to all data that is required to be accessible 8502
from the searchable website within fourteen (14) days of each 8503
expenditure, grant award, including amendments; subgrant, 8504
including amendments; or contract, including amendments; executed 8505
by the agency. 8506
(f) The searchable website must include all information 8507
required by this section for all transactions that are initiated 8508
in fiscal year 2015 or later. In addition, all information that 8509
is included on the searchable website from the date of the 8510
inception of the website until July 1, 2014, must be maintained on 8511
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the website according to the requirements of this section before 8512
July 1, 2014, and remain accessible for ten (10) years from the 8513
date it was originally made available. All data on the searchable 8514
website must remain accessible to the public for a minimum of ten 8515
(10) years. 8516
(g) For the purposes of this subsection (1), the term 8517
"contract" includes, but is not limited to, personal and 8518
professional services contracts. 8519
(2) The Board of Trustees of State Institutions of Higher 8520
Learning shall create the IHL Accountability and Transparency 8521
website to include its executive office and the institutions of 8522
higher learning no later than July 1, 2012. This website shall: 8523
(a) Provide access to existing financial reports, 8524
financial audits, budgets and other financial documents that are 8525
used to allocate, appropriate, spend and account for appropriated 8526
funds; 8527
(b) Have a unique and simplified website address; 8528
(c) Be directly accessible via a link from the main 8529
page of the Department of Finance and Administration website, as 8530
well as the IHL website and the main page of the website of each 8531
institution of higher learning; 8532
(d) Include other links, features or functionality that 8533
will assist the public in obtaining and reviewing public financial 8534
information; 8535
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(e) Report expenditure information currently available 8536
within these enterprise resource planning (ERP) computer systems; 8537
and 8538
(f) Design the reporting format using the existing 8539
capabilities of these ERP computer systems. 8540
(3) The Mississippi Community College Board shall create the 8541
Community and Junior Colleges Accountability and Transparency 8542
website to include its executive office and the community and 8543
junior colleges no later than July 1, 2012. This website shall: 8544
(a) Provide access to existing financial reports, 8545
financial audits, budgets and other financial documents that are 8546
used to allocate, appropriate, spend and account for appropriated 8547
funds; 8548
(b) Have a unique and simplified website address; 8549
(c) Be directly accessible via a link from the main 8550
page of the Department of Finance and Administration website, as 8551
well as the Mississippi Community College Board website and the 8552
main page of the website of each community and junior college; 8553
(d) Include other links, features or functionality that 8554
will assist the public in obtaining and reviewing public financial 8555
information; 8556
(e) Report expenditure information currently available 8557
within the computer system of each community and junior college; 8558
and 8559
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(f) Design the reporting format using the existing 8560
capabilities of the computer system of each community and junior 8561
college. 8562
(4) Not later than January 1, 2016, the owner or owners of a 8563
community hospital, as defined in Section 41-13-10, shall create 8564
and maintain an accountability and transparency website for the 8565
community hospital or set up a separate section for the community 8566
hospital on the current website of the owner or owners. This 8567
website of the community hospital or section of the website of the 8568
owner or owners shall: 8569
(a) Provide access to existing financial reports, 8570
financial audits, budgets and other financial documents of the 8571
community hospital that are used to allocate, appropriate, spend 8572
and account for public funds; 8573
(b) Have a unique and simplified website address if it 8574
is a new website for the community hospital, or be an easily 8575
accessible section of the website of the owner or owners; 8576
(c) Include links, features or functionality that will 8577
assist the public in obtaining and reviewing public financial 8578
information of the community hospital; 8579
(d) Report expenditure information of the community 8580
hospital in functional expenditure categories that is currently 8581
available within the computer system of the community hospital; 8582
and 8583
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(e) Design the reporting format using the existing 8584
capabilities of the computer system or systems of the owner or 8585
owners of the community hospital. 8586
SECTION 158. Section 27-104-157, Mississippi Code of 1972, 8587
is brought forward as follows: 8588
27-104-157. The Department of Finance and Administration 8589
shall have the authority to establish the form, processes and 8590
procedures, and timelines for agencies to report the information 8591
required by Sections 27-104-151 through 27-104-159. At the 8592
latest, each agency shall provide access to all required data 8593
within fourteen (14) days after the data becomes available to the 8594
agency. All agencies shall fully cooperate with the Department of 8595
Finance and Administration in compiling and providing all 8596
information necessary to comply with the requirements of Sections 8597
27-104-151 through 27-104-159. 8598
SECTION 159. Section 27-104-158, Mississippi Code of 1972, 8599
is brought forward as follows: 8600
27-104-158. The Office of the State Auditor shall examine 8601
agencies' compliance with the requirements of Sections 27-104-151 8602
through 27-104-159 in the course of the powers and duties of the 8603
office as prescribed in Section 7-7-211. 8604
SECTION 160. Section 27-104-159, Mississippi Code of 1972, 8605
is brought forward as follows: 8606
27-104-159. Nothing in Sections 27-104-151 through 8607
27-104-159 shall be construed to supersede the Mississippi Public 8608
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Records Act of 1983, as amended, except that Sections 27-104-151 8609
through 27-104-158 shall apply to expenditures of the legislative 8610
branch. 8611
SECTION 161. Section 27-104-161, Mississippi Code of 1972, 8612
is brought forward as follows: 8613
27-104-161. No provision of Sections 27-104-151 through 8614
27-104-159 shall be construed as conferring upon the Department of 8615
Finance and Administration any authority to review, approve or 8616
deny any expenditures or contracts entered into by the Legislature 8617
or any of its committees, or to impose any requirement on the 8618
Legislature or any of its committees to take any action other than 8619
to disclose expenditures and contracts entered into on or after 8620
July 1, 2011. For the purposes of this section, the term 8621
"contract" includes, but is not limited to, personal and 8622
professional services contracts. 8623
SECTION 162. Section 27-104-163, Mississippi Code of 1972, 8624
is brought forward as follows: 8625
27-104-163. The Department of Finance and Administration 8626
shall publish on its searchable website notice of any regular 8627
meeting held by a state agency, other than a legislative 8628
committee, in accordance with Section 25-41-13. For purposes of 8629
this section, the term "state agency" means an agency, department, 8630
institution, board, commission, council, office, bureau, division, 8631
committee or subcommittee of the state. However, the term "state 8632
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agency" does not include institutions of higher learning, 8633
community and junior colleges, counties or municipalities. 8634
SECTION 163. Section 27-104-165, Mississippi Code of 1972, 8635
is brought forward as follows: 8636
27-104-165. The Department of Finance and Administration, 8637
with assistance from the Mississippi Department of Information 8638
Technology Services and the State Personnel Board, may develop a 8639
phased-in plan that ensures that the procurement portal required 8640
under Section 25-53-151 be fully functional by July 1, 2015. 8641
SECTION 164. Section 27-104-167, Mississippi Code of 1972, 8642
is brought forward as follows: 8643
27-104-167. The Department of Finance and Administration 8644
shall publish on its searchable website the annual report of each 8645
agency, board, commission, department and institution required to 8646
be prepared by Section 27-101-1. The Department of Finance and 8647
Administration shall have the authority to establish the forms, 8648
processes, procedures and timelines to furnish the annual report. 8649
All such agencies, boards, commissions, departments and 8650
institutions shall fully cooperate with the Department of Finance 8651
and Administration in providing the information necessary to 8652
comply with the requirements of this section. 8653
SECTION 165. Section 27-115-49, Mississippi Code of 1972, is 8654
brought forward as follows: 8655
27-115-49. (1) The corporation shall enter into its 8656
contracts for major procurements after bidding. The corporation 8657
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may adopt administrative rules and regulations pursuant to the 8658
provisions of this chapter providing for special procedures 8659
whereby the Mississippi Lottery Corporation may make any class of 8660
procurement. 8661
(2) In its bidding processes, the corporation may do its own 8662
bidding and procurement or may utilize the services of the 8663
Department of Finance and Administration, the Department of 8664
Information Technology Services, or other state agencies as 8665
appropriate and necessary. The president of the corporation may, 8666
with approval of the board, declare an emergency for purchasing 8667
purposes which shall be governed by the administrative rules and 8668
regulations adopted by the board. 8669
SECTION 166. Section 27-115-69, Mississippi Code of 1972, is 8670
brought forward as follows: 8671
27-115-69. (1) The corporation may purchase, lease or 8672
lease-purchase such goods or services as are necessary for 8673
effectuating the purposes of this chapter. The corporation shall 8674
not contract with any person or entity for the total operation and 8675
administration of the lottery, but it may make procurements which 8676
integrate such functions as lottery game design, lottery ticket 8677
distribution to retailers, supply of goods and services and 8678
advertising. In all procurement decisions, the corporation shall 8679
take into account the particularly sensitive nature of the lottery 8680
and shall act to promote and ensure security, honesty, fairness 8681
and integrity in the operation and administration of the lottery 8682
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and the objectives of raising net proceeds for the benefit of the 8683
public. 8684
(2) The corporation shall investigate the financial 8685
responsibility, security and integrity of any lottery system 8686
vendor who submits a bid, proposal or offer. At the time of 8687
submitting such bid, proposal or offer to the corporation, the 8688
corporation shall require the following items: 8689
(a) A disclosure of the vendor's name and address and, 8690
as applicable, the name and address of the following: 8691
(i) If the vendor is a corporation, the officers, 8692
directors and each stockholder in such corporation; however, in 8693
the case of owners of equity securities of a publicly traded 8694
corporation, only the names and addresses of those known to the 8695
corporation to own five percent (5%) or more of such securities 8696
need be disclosed. 8697
(ii) If the vendor is a trust, the trustee and all 8698
persons entitled to receive income or benefits from the trust. 8699
(iii) If the vendor is an association, the 8700
members, officers and directors. 8701
(iv) If the vendor is a partnership or joint 8702
venture, all of the general partners, limited partners, or joint 8703
venturers. 8704
(b) A disclosure of all the states and jurisdictions in 8705
which the vendor does business, and the nature of the business for 8706
each such state or jurisdiction. 8707
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(c) A disclosure of all the states and jurisdictions in 8708
which the vendor has contracts to supply gaming goods or services, 8709
including, but not limited to, lottery goods and services, and the 8710
nature of the goods or services involved for each such state or 8711
jurisdiction. 8712
(d) A disclosure of all the states and jurisdictions in 8713
which the vendor has applied for, has sought renewal of, has 8714
received, has been denied, has pending, or has had revoked a 8715
gaming license of any kind, or had fines or penalties assessed on 8716
their license, contract, or operation, and the disposition of such 8717
in each such state or jurisdiction. If any lottery license or 8718
contract has been revoked or has not been renewed or any lottery 8719
license or application has remained pending for more than six (6) 8720
months, then it shall be disclosed. 8721
(e) A disclosure of the details of any finding of a 8722
plea, conviction or adjudication for guilt, in a state or federal 8723
court, of the vendor for any felony or any other criminal offense 8724
other than a traffic violation. 8725
(f) A disclosure of the details of any bankruptcy, 8726
insolvency, reorganization, corporate or individual purchase or 8727
takeover of another corporation, including bonded indebtedness, or 8728
any pending litigation of the vendor. 8729
(g) Such additional disclosures and information as the 8730
corporation may determine to be appropriate for the procurement 8731
involved. If the vendor subcontracts any substantial portion of 8732
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the work to be performed under the contract to a subcontractor, 8733
the vendor shall disclose all of the information required by this 8734
subsection for the subcontractor as if the subcontractor were 8735
itself a vendor. 8736
(3) In no case shall the corporation enter into a contract 8737
for a procurement of any video lottery or video lottery terminal 8738
or any other illegal lottery device, and shall only enter into a 8739
contract for a procurement for any lottery system with a vendor 8740
who has complied with the disclosures required by the corporation 8741
and described in subsection (2) of this section, and any contract 8742
with such a vendor is void and unenforceable. Any contract with a 8743
vendor who does not comply with such requirements for periodically 8744
updating such disclosures during the tenure of a contract as may 8745
be specified in such contract is voidable and may be terminated by 8746
the corporation. The provisions of this section shall be 8747
construed broadly and liberally to achieve the ends of full 8748
disclosure of all information necessary to allow for a full and 8749
complete evaluation by the corporation of the competence, 8750
integrity, background and character of vendors. 8751
(4) (a) A contract shall not be entered into with any 8752
vendor who has been found guilty of a felony related to the 8753
security or integrity of the lottery in this or any other 8754
jurisdiction or with any vendor who is found to be in possession 8755
of any illegal lottery device. 8756
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(b) A contract shall not be entered into with any 8757
vendor who has not first obtained a signed tax clearance from the 8758
Commissioner of Revenue indicating that the vendor is current in 8759
filing all applicable tax returns and in payment of all taxes, 8760
interest and penalties owed to the State of Mississippi, excluding 8761
items under formal appeal pursuant to applicable statutes. 8762
(5) The corporation may require that each vendor shall, at 8763
the execution of the contract with the corporation, post a 8764
performance bond or letter of credit from a bank acceptable to the 8765
corporation, in an amount established by the corporation subject 8766
to the provisions of Section 27-115-61. In lieu of the bond, a 8767
vendor may, to assure the faithful performance of its obligations, 8768
deposit and maintain with the corporation securities that are 8769
interest-bearing or accruing and that are rated in one (1) of the 8770
three (3) highest classifications by an established nationally 8771
recognized investment rating service. Securities eligible under 8772
this subsection are limited to: 8773
(a) Certificates of deposit issued by solvent banks or 8774
savings associations approved by the corporation and which are 8775
organized and existing under the laws of this state or under the 8776
laws of the United States. 8777
(b) United States bonds, notes, and bills for which the 8778
full faith and credit of the government of the United States is 8779
pledged for the payment of principal and interest. 8780
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(c) Corporate bonds approved by the corporation. The 8781
corporation which issued the bonds shall not be an affiliate or 8782
subsidiary of the depositor. Such securities shall be held in 8783
trust. 8784
(6) Every contract entered into by the corporation pursuant 8785
to this section shall contain a provision for payment of 8786
liquidated damages to the corporation for any breach of contract 8787
by the vendor. 8788
(7) Each vendor shall be qualified to do business in this 8789
state and shall file appropriate tax returns as provided by the 8790
laws of this state. All contracts under this section shall be 8791
governed by the laws of this state. 8792
SECTION 167. Section 29-1-1, Mississippi Code of 1972, is 8793
brought forward as follows: 8794
29-1-1. (1) Except as otherwise provided in subsections 8795
(7), (8), (9) and (13) of this section, the title to all lands 8796
held by any agency of the State of Mississippi shall appear on all 8797
deeds and land records under the name of the "State of 8798
Mississippi." A deed may also recite the name of the agency for 8799
whose benefit and use the land is acquired, but the recital shall 8800
not be deemed or construed to be a limitation on the grant or an 8801
impairment of title held by the State of Mississippi. Use and 8802
possession of the land may be reassigned by act of the Legislature 8803
or by interagency conveyance where each agency has statutory 8804
authority to acquire and dispose of land. For the purpose of this 8805
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section, the term "agency" shall be defined as set forth in 8806
Section 31-7-1(a). The provisions of this section shall not 8807
affect the authority of any agency to use any land held by the 8808
agency. No assets or property of the Public Employees' Retirement 8809
System of Mississippi shall be transferred in violation of Section 8810
272A of the Mississippi Constitution of 1890. Each state agency 8811
shall inventory any state-held lands which are titled in the name 8812
of the agency. The agency shall execute quitclaim deeds and any 8813
other necessary documents to transfer the name and title of the 8814
property to the State of Mississippi. State agencies shall 8815
furnish to the Secretary of State certified copies of the 8816
quitclaim deeds and all other deeds whereby the state agency 8817
acquires or disposes of state-held land. 8818
(2) The Secretary of State, under the general direction of 8819
the Governor and as authorized by law, shall sell and convey the 8820
public lands in the manner and on the terms provided herein for 8821
the several classes thereof; he shall perform all the 8822
administrative and executive duties appertaining to the selection, 8823
location, surveying, platting, listing, and registering these 8824
lands or otherwise concerning them; and he shall investigate the 8825
status of the various "percent" funds accrued and accruing to the 8826
state from the sale of lands by the United States, and shall 8827
collect and pay the funds into the Treasury in the manner provided 8828
by law. The Secretary of State, with the approval of the 8829
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Governor, acting on behalf of the state, may accept gifts or 8830
donations of land to the State of Mississippi. 8831
(3) In accordance with Sections 7-11-11 and 7-11-13, the 8832
Secretary of State shall be required to sign all conveyances of 8833
all state-held land. For purposes of this section, the term 8834
"conveyance" shall mean any sale or purchase of land by the State 8835
of Mississippi for use by any agency, board or commission thereof. 8836
Failure to obtain legislative approval pursuant to subsection (4) 8837
of this section and the signature of the Secretary of State on any 8838
conveyance regarding the sale or purchase of lands for the state 8839
including any agency, board or commission thereof, shall render 8840
the attempted sale or purchase of the lands void. Nothing in this 8841
section shall be construed to authorize any state agency, board, 8842
commission or public official to convey any state-held land unless 8843
this authority is otherwise granted by law. The Secretary of 8844
State shall not withhold arbitrarily his signature from any 8845
purchase or sale authorized by the Mississippi State Legislature. 8846
Except for those lands forfeited to the state for the nonpayment 8847
of taxes, conveyed to another state agency or entity as provided 8848
in subsection (11) of this section or acquired by the Mississippi 8849
Transportation Commission under Section 65-1-123, no state-held 8850
land shall be sold for less than the fair market value as 8851
determined by two (2) professional appraisers selected by the 8852
State Department of Finance and Administration, who are certified 8853
general appraisers of the State of Mississippi. The proceeds from 8854
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any sale by an agency, board, commission or public official of 8855
state-held lands shall be deposited into the State General Fund 8856
unless otherwise provided by law. 8857
(4) Before any state-held land is sold to any individual or 8858
private entity, thirty (30) days' advance notice of the intended 8859
sale shall be provided by the Secretary of State to the State 8860
Legislature and to all state agencies for the purpose of 8861
ascertaining whether an agency has a need for the land and for the 8862
purpose of ascertaining whether the sale of the land was 8863
authorized by law. If no agency of the state expresses in writing 8864
to the Secretary of State by the end of the thirty-day period a 8865
desire to use the land, then the Secretary of State, with the 8866
prior approval of the Mississippi Legislature to sell the 8867
state-held land, may offer the land for sale to any individual or 8868
private entity. Such notice to state agencies is given in aid of 8869
internal management of the real property inventory of the state, 8870
and this notice requirement shall not be applied to challenge or 8871
defeat any title heretofore or hereafter granted by the state 8872
under any law authorized by the Mississippi Legislature providing 8873
for the sale or disposal of property. 8874
(5) A cultural resources survey may be performed on any 8875
state-held land before the disposition of the land if the 8876
Mississippi Department of Archives and History deems this survey 8877
necessary. The cost of the survey and any archaeological studies 8878
deemed necessary by the Mississippi Department of Archives and 8879
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History shall be paid by the selling agency and recouped from the 8880
proceeds of the sale. 8881
(6) Before any land may be purchased by the state for the 8882
benefit of any state agency, the Secretary of State, or his 8883
designee, shall search and examine all state land records to 8884
determine whether the state owns any land that may fit the 8885
particular need of the agency. The Secretary of State, or his 8886
designee, shall notify the agency if it is determined that any 8887
state-held land is available for use by the agency. The agency 8888
shall determine if such land accommodates its needs and shall 8889
determine whether to make an official request to the proper 8890
authorities to have the use of the land. 8891
(7) This section shall not apply to: (a) any lands 8892
purchased or acquired for construction and maintenance of highways 8893
or highway rights-of-way by the Mississippi Department of 8894
Transportation, or (b) any lands acquired by the state by 8895
forfeiture for nonpayment of ad valorem taxes and heretofore or 8896
hereafter sold under authority of any other section of Chapter 1, 8897
Title 29, specifically relating to tax-forfeited lands. 8898
(8) This section shall not apply to any lands purchased 8899
solely by the use of federal funds or lands for which authority to 8900
transfer or dispose of these lands is governed by federal law or 8901
federal regulations insofar as the application of this section 8902
limits or impairs the ability of the Secretary of State to acquire 8903
or dispose of the land. However, any state agency acquiring or 8904
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disposing of land exempted from the application of this section by 8905
this subsection shall furnish the Secretary of State certified 8906
copies of all deeds executed for those transfers or disposals. 8907
(9) Any lands purchased by the Mississippi Major Economic 8908
Impact Authority for a "project" as defined in Section 57-75-5 8909
shall be excluded from the provisions of this section. 8910
(10) The Secretary of State may recover from any agency, 8911
corporation, board, commission, entity or individual any cost that 8912
is incurred by his office for the record-keeping responsibilities 8913
regarding the sale or purchase of any state-held lands. 8914
(11) Subsections (4), (5) and (6) of this section shall not 8915
apply to sales or purchases of land when the Legislature expressly 8916
authorizes or directs a state agency to sell, purchase or 8917
lease-purchase a specifically described property. However, when 8918
the Legislature authorizes a state agency to sell or otherwise 8919
convey specifically described real property to another state 8920
agency or other entity such as a county, municipality, economic 8921
development district created under Section 19-5-99 or similar 8922
entity, without providing that the conveyance may not be made for 8923
less than the fair market value of the property, then the state 8924
agency authorized to convey such property must make the following 8925
determinations before conveying the property: 8926
(a) That the state agency or other entity to which the 8927
proposed conveyance is to be made has an immediate need for the 8928
property; 8929
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(b) That there are quantifiable benefits that will 8930
inure to the state agency or other entity to which the proposed 8931
conveyance is to be made which outweigh any quantifiable costs to 8932
the state agency authorized to make the conveyance; and 8933
(c) That the state agency or other entity to which the 8934
proposed conveyance is to be made lacks available funds to pay 8935
fair market value for the property. If the state agency 8936
authorized to convey such property fails to make such 8937
determinations, then it shall not convey the property for less 8938
than the fair market value of the property. 8939
(12) This section shall not apply to the donation and 8940
conveyance of the Nanih Waiya State Park to the Mississippi Band 8941
of Choctaw Indians. 8942
(13) This section shall not apply to any lands acquired, 8943
sold, or leased pursuant to Section 59-5-1 et seq. 8944
SECTION 168. Section 29-5-2, Mississippi Code of 1972, is 8945
brought forward as follows: 8946
29-5-2. The duties of the Department of Finance and 8947
Administration shall be as follows: 8948
(a) (i) To exercise general supervision and care over 8949
and keep in good condition the following state property located in 8950
the City of Jackson: the New State Capitol Building, the Woolfolk 8951
State Office Building and Parking Garage, the Carroll Gartin 8952
Justice Building, the Walter Sillers Office Building and Parking 8953
Garage, the War Veterans' Memorial Building, the Charlotte Capers 8954
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Building, the William F. Winter Archives and History Building, the 8955
Mississippi Museum Complex, the Gulf, Mobile and Ohio Train Depot 8956
(GM&O Depot), the Old State Capitol Building, the Governor's 8957
Mansion, the Heber Ladner Building, the Robert E. Lee Office 8958
Building, the Robert E. Lee Parking Garage, the former Naval 8959
Reserve Center, 515 East Amite Street, 620 North Street, 660 North 8960
Street, 700 North State Street, 350 High Street, 401 North Lamar 8961
Street, 455 North Lamar Street, the State Records Center, the 8962
Robert G. Clark, Jr. Building, the Mississippi State Fairgrounds 8963
Complex, the former Central High Building, the Mississippi 8964
Workers' Compensation Commission Office Building, as well as all 8965
state-owned or leased buildings situated on seat of government 8966
property. 8967
(ii) To exercise general supervision and care over 8968
and keep in good condition the Dr. Eldon Langston Bolton Building 8969
located in Biloxi, Mississippi. 8970
(iii) To exercise general supervision and care 8971
over and keep in good condition the State Service Center, located 8972
at the intersection of U.S. Highway 49 and John Merl Tatum 8973
Industrial Drive in Hattiesburg, Mississippi. 8974
(iv) To exercise general supervision and care over 8975
and keep in good condition any property purchased, constructed or 8976
otherwise acquired by the State of Mississippi for conducting 8977
state business and not specifically under the supervision and care 8978
by any other state entity, but which is reasonably assumed the 8979
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department would be responsible for such, as approved by the 8980
Public Procurement Review Board, including, but not limited to: 8981
1. The National Aeronautics and Space 8982
Administration (NASA) Shared Services Center and Lockheed Martin 8983
Building at Stennis Space Center; 8984
2. The Mississippi Sports Hall of Fame; 8985
3. The Mississippi Crafts Center; 8986
4. The Mississippi Children's Museum; and 8987
5. The Mississippi Arts and Entertainment 8988
Center. 8989
(b) To assign suitable office space for the various 8990
state departments, officers and employees who are provided with an 8991
office in any of the buildings under the jurisdiction or control 8992
of the Department of Finance and Administration. However, the 8993
assignment of space in the New Capitol Building shall be 8994
designated by duly passed resolution of the combined Senate Rules 8995
Committee and the House Management Committee, meeting as a joint 8996
committee, approved by the Lieutenant Governor and Speaker of the 8997
House of Representatives. A majority vote of the members of the 8998
Senate Rules Committee and a majority vote of the members of the 8999
House Management Committee shall be required on all actions taken, 9000
resolutions or reports adopted, and all other matters considered 9001
by the full combined committee on occasions when the Senate Rules 9002
Committee and the House Management Committee shall meet as a full 9003
combined committee. 9004
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(c) To approve or disapprove with the concurrence of 9005
the Public Procurement Review Board, any lease or rental 9006
agreements by any state agency or department, including any state 9007
agency financed entirely by federal and special funds, for space 9008
outside the buildings under the jurisdiction of the Department of 9009
Finance and Administration, including space necessary for parking 9010
to be used by state employees who work in the Woolfolk Building, 9011
the Carroll Gartin Justice Building or the Walter Sillers Office 9012
Building. In no event shall any employee, officer, department, 9013
federally funded agency or bureau of the state be authorized to 9014
enter into a lease or rental agreement without prior approval of 9015
the Department of Finance and Administration and the Public 9016
Procurement Review Board. 9017
The Department of Finance and Administration is authorized to 9018
use architects, engineers, building inspectors and other personnel 9019
for the purpose of making inspections as may be deemed necessary 9020
in carrying out its duties and maintaining the facilities. 9021
This section is not intended to apply to locations for which 9022
the Department of Finance and Administration has decided to 9023
solicit proposals in accordance with subsection (e) of this 9024
section. 9025
(d) To acquire by lease, lease-purchase agreement, or 9026
otherwise, as provided in Section 27-104-107, and to assign 9027
through the Office of General Services, by lease or sublease 9028
agreement from the office, and with the concurrence of the Public 9029
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Procurement Review Board, to any state agency or department, 9030
including any state agency financed entirely by federal and 9031
special funds, appropriate office space in the buildings acquired. 9032
(e) To solicit and approve or disapprove, 9033
notwithstanding any rule of law to the contrary, and with the 9034
concurrence of the Public Procurement Review Board, any lease, use 9035
or rental agreement for a charge or other consideration for space 9036
not exceeding three thousand (3,000) square feet in any individual 9037
building listed in subsection (a) of this section, with a private 9038
entry who will provide food and/or catering services for state 9039
employees, visitors and the general public. 9040
The department shall select the entity using a competitive 9041
process which shall be publicly advertised. In addition to 9042
satisfying any other requirements for the Public Procurement 9043
Review Board's approval, the department must demonstrate that any 9044
agreement entered into under this section will neither result in a 9045
net cost to the state, nor impair or impede the function of state 9046
agencies at such location. 9047
SECTION 169. Section 37-68-9, Mississippi Code of 1972, is 9048
brought forward as follows: 9049
37-68-9. (1) The department shall: 9050
(a) Inform each school of its portion of the funds 9051
appropriated to this grant program as provided for in Section 9052
37-68-7(2); 9053
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(b) Develop regulations and procedures to govern the 9054
administration of this grant program, to include: 9055
(i) A reimbursement process for schools to submit 9056
expenditures and receive reimbursement for eligible expenses from 9057
the department up to the total amount allocated to each school in 9058
Section 37-68-7; 9059
(ii) Provide guidance to schools in the 9060
development of a technology sustainability plan, addressing how 9061
devices and other technology purchased and used by the school 9062
district, and students, teachers and other administrators and 9063
staff, will be maintained throughout their usage and replaced 9064
before the expiration of the term of their expected useful life; 9065
(iii) Provide guidance to schools in the 9066
development of a responsible use policy for students, teachers and 9067
administrators or other staff to govern the use of devices and 9068
other technology purchased under this grant program; 9069
(c) Provide guidance to schools on the development and 9070
implementation of a distance learning plan; 9071
(d) Solicit bid proposals from vendors to establish an 9072
EPL; and 9073
(e) Seek an emergency exemption from the procurement 9074
laws and bidding procedures established in Section 31-7-13 to 9075
expedite the compilation of an EPL and to minimize the cost of 9076
relevant devices or other technology for school districts through 9077
bulk purchasing. 9078
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(2) The department may: 9079
(a) Revise the adopted EPL based upon purchasing 9080
demands as needed to provide schools with choice in the selection 9081
of the electronic devices; and 9082
(b) Use the federal ESSER funds set aside for 9083
administration of the program to administer this grant program, to 9084
the extent permissible under federal law. 9085
SECTION 170. Section 37-41-101, Mississippi Code of 1972, is 9086
brought forward as follows: 9087
37-41-101. (1) The State Board of Education is hereby 9088
authorized, empowered and directed to advertise for and receive 9089
sealed bids and proposals for sale of school bus bodies and school 9090
buses sold as complete units to the school boards of school 9091
districts in this state. The State Board of Education shall 9092
approve persons, firms, corporations or associations authorized to 9093
sell school bus bodies and school buses sold as complete units, 9094
and shall establish prices relative thereto based upon the lowest 9095
and best bids, which school districts may not exceed in purchasing 9096
such equipment. In determining the lowest and best bids received 9097
for such equipment, there shall be included as part of the total 9098
cost thereof any transportation or freight charges which will be 9099
incurred. The State Board of Education may permit all such 9100
bidders to sell said equipment provided that the bidders agree to 9101
sell the equipment at prices established based upon the lowest and 9102
best bid and in compliance with rules and regulations relative 9103
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thereto promulgated by the state board. Persons, firms, 9104
corporations or associations permitted to sell school bus bodies 9105
and school buses sold as complete units shall be limited to those 9106
actually submitting bids for consideration by the State Board of 9107
Education. The State Board of Education shall reserve the right 9108
to reject any and all bids submitted. 9109
(2) School boards may purchase school bus bodies and school 9110
buses sold as complete units without additional advertisement for 9111
bids, provided that the prices for such equipment do not exceed 9112
the maximum allowable prices established under the provisions of 9113
subsection (1) of this section, and that said purchases are in 9114
compliance with the conditions specified therein. All such 9115
purchases shall be subject to the approval of the State Department 9116
of Education, which shall verify compliance with the applicable 9117
specifications, rules and regulations promulgated by the State 9118
Board of Education. 9119
(3) In addition to the method of purchasing authorized under 9120
this section, school boards are hereby authorized to advertise for 9121
and accept the lowest and best bid received for the purchase of 9122
school bus chassis and/or pupil transportation service vehicles. 9123
Provided, however, that local school governing boards may purchase 9124
school bus chassis and/or pupil transportation service vehicles 9125
from any motor vehicle dealer domiciled within the county of such 9126
governing board, whose bid does not exceed a sum equal to three 9127
percent (3%) greater than the price or cost which the dealer pays 9128
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the manufacturer, as evidenced by the factory invoice for such 9129
vehicles. In the event said county does not have an authorized 9130
motor vehicle dealer, said board may, in like manner, receive and 9131
accept bids from motor vehicle dealers in any adjoining county. 9132
No purchase of school bus chassis or service vehicles under the 9133
provisions of this subsection shall be valid unless the purchase 9134
is made according to statutory bidding and licensing requirements. 9135
All purchases under provisions of this subsection shall be subject 9136
to the approval of the State Department of Education, which shall 9137
verify compliance with the applicable specifications, rules and 9138
regulations promulgated by the State Board of Education. 9139
(4) Upon application to and approval by the State Department 9140
of Education, school governing boards are hereby authorized to 9141
purchase used school buses and used pupil transportation service 9142
vehicles, provided that said vehicles meet applicable 9143
specifications and the purchase price does not exceed their fair 9144
market value. Said fair market value shall be determined by an 9145
appraisal by three (3) experienced and impartial citizens, the 9146
selection of whom shall be mutually agreed upon by the parties 9147
thereto. Said appraisers may be subject to approval by the State 9148
Department of Education. Maximum regard for pupil safety and 9149
adequate protection of health shall be primary requirements which 9150
shall be observed by local school governing boards in purchasing 9151
used school buses. The State Department of Education may inspect 9152
or have inspected any used school bus prior to purchase to 9153
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determine whether said bus meets requirements of law and 9154
regulations of the state board. 9155
(5) In the event the school board shall have determined that 9156
school buses or pupil transportation service vehicles are no 9157
longer needed for the transportation of pupils in such school 9158
district, such equipment may be sold to another school district 9159
without the necessity of advertising for bids. The school 9160
district proposing to sell the buses or service vehicles and the 9161
school district proposing to purchase such equipment shall agree 9162
upon a fair and reasonable price therefor. The agreement shall be 9163
spread upon the minutes of the boards of the respective school 9164
districts and shall be subject to the prior approval of the State 9165
Department of Education, which shall verify compliance with 9166
applicable specifications, rules and regulations of the State 9167
Board of Education. 9168
SECTION 171. Section 37-101-15, Mississippi Code of 1972, is 9169
brought forward as follows: 9170
37-101-15. (a) The Board of Trustees of State Institutions 9171
of Higher Learning shall succeed to and continue to exercise 9172
control of all records, books, papers, equipment, and supplies, 9173
and all lands, buildings, and other real and personal property 9174
belonging to or assigned to the use and benefit of the board of 9175
trustees formerly supervising and controlling the institutions of 9176
higher learning named in Section 37-101-1. The board shall have 9177
and exercise control of the use, distribution and disbursement of 9178
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all funds, appropriations and taxes, now and hereafter in 9179
possession, levied and collected, received, or appropriated for 9180
the use, benefit, support, and maintenance or capital outlay 9181
expenditures of the institutions of higher learning, including the 9182
authorization of employees to sign vouchers for the disbursement 9183
of funds for the various institutions, except where otherwise 9184
specifically provided by law. 9185
(b) The board shall have general supervision of the affairs 9186
of all the institutions of higher learning, including the 9187
departments and the schools thereof. The board shall have the 9188
power in its discretion to determine who shall be privileged to 9189
enter, to remain in, or to graduate therefrom. The board shall 9190
have general supervision of the conduct of libraries and 9191
laboratories, the care of dormitories, buildings, and grounds; the 9192
business methods and arrangement of accounts and records; the 9193
organization of the administrative plan of each institution; and 9194
all other matters incident to the proper functioning of the 9195
institutions. The board shall have the authority to establish 9196
minimum standards of achievement as a prerequisite for entrance 9197
into any of the institutions under its jurisdiction, which 9198
standards need not be uniform between the various institutions and 9199
which may be based upon such criteria as the board may establish. 9200
(c) The board shall exercise all the powers and prerogatives 9201
conferred upon it under the laws establishing and providing for 9202
the operation of the several institutions herein specified. The 9203
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board shall adopt such bylaws and regulations from time to time as 9204
it deems expedient for the proper supervision and control of the 9205
several institutions of higher learning, insofar as such bylaws 9206
and regulations are not repugnant to the Constitution and laws, 9207
and not inconsistent with the object for which these institutions 9208
were established. The board shall have power and authority to 9209
prescribe rules and regulations for policing the campuses and all 9210
buildings of the respective institutions, to authorize the arrest 9211
of all persons violating on any campus any criminal law of the 9212
state, and to have such law violators turned over to the civil 9213
authorities. 9214
(d) For all institutions specified herein, the board shall 9215
provide a uniform system of recording and of accounting approved 9216
by the State Department of Audit. The board shall annually 9217
prepare, or cause to be prepared, a budget for each institution of 9218
higher learning for the succeeding year which must be prepared and 9219
in readiness for at least thirty (30) days before the convening of 9220
the regular session of the Legislature. All relationships and 9221
negotiations between the State Legislature and its various 9222
committees and the institutions named herein shall be carried on 9223
through the board of trustees. No official, employee or agent 9224
representing any of the separate institutions shall appear before 9225
the Legislature or any committee thereof except upon the written 9226
order of the board or upon the request of the Legislature or a 9227
committee thereof. 9228
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(e) For all institutions specified herein, the board shall 9229
prepare an annual report to the Legislature setting forth the 9230
disbursements of all monies appropriated to the respective 9231
institutions. Each report to the Legislature shall show how the 9232
money appropriated to the several institutions has been expended, 9233
beginning and ending with the fiscal years of the institutions, 9234
showing the name of each teacher, officer, and employee, and the 9235
salary paid each, and an itemized statement of each and every item 9236
of receipts and expenditures. Each report must be balanced, and 9237
must begin with the former balance. If any property belonging to 9238
the state or the institution is used for profit, the reports shall 9239
show the expense incurred in managing the property and the amount 9240
received therefrom. The reports shall also show a summary of the 9241
gross receipts and gross disbursements for each year and shall 9242
show the money on hand at the beginning of the fiscal period of 9243
the institution next preceding each session of the Legislature and 9244
the necessary amount of expense to be incurred from said date to 9245
January 1 following. The board shall keep the annual expenditures 9246
of each institution herein mentioned within the income derived 9247
from legislative appropriations and other sources, but in case of 9248
emergency arising from acts of providence, epidemics, fire or 9249
storm with the written approval of the Governor and by written 9250
consent of a majority of the senators and of the representatives 9251
it may exceed the income. The board shall require a surety bond 9252
in a surety company authorized to do business in this state of 9253
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every employee who is the custodian of funds belonging to one or 9254
more of the institutions mentioned herein, which bond shall be in 9255
a sum to be fixed by the board in an amount that will properly 9256
safeguard the said funds, the premium for which shall be paid out 9257
of the funds appropriated for said institutions. 9258
(f) The board shall have the power and authority to elect 9259
the heads of the various institutions of higher learning and to 9260
contract with all deans, professors, and other members of the 9261
teaching staff, and all administrative employees of said 9262
institutions for a term not exceeding four (4) years. The board 9263
shall have the power and authority to terminate any such contract 9264
at any time for malfeasance, inefficiency, or contumacious 9265
conduct, but never for political reasons. It shall be the policy 9266
of the board to permit the executive head of each institution to 9267
nominate for election by the board all subordinate employees of 9268
the institution over which he presides. It shall be the policy of 9269
the board to elect all officials for a definite tenure of service 9270
and to reelect during the period of satisfactory service. The 9271
board shall have the power to make any adjustments it thinks 9272
necessary between the various departments and schools of any 9273
institution or between the different institutions. 9274
(g) The board shall keep complete minutes and records of all 9275
proceedings which shall be open for inspection by any citizen of 9276
the state. 9277
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(h) The board shall have the power to enter into an energy 9278
performance contract, energy services contract, on a 9279
shared-savings, lease or lease-purchase basis, for energy 9280
efficiency services and/or equipment as prescribed in Section 9281
31-7-14. 9282
(i) The Board of Trustees of State Institutions of Higher 9283
Learning, for and on behalf of Jackson State University, is hereby 9284
authorized to convey by donation or otherwise easements across 9285
portions of certain real estate located in the City of Jackson, 9286
Hinds County, Mississippi, for right-of-way required for the Metro 9287
Parkway Project. 9288
(j) In connection with any international contract between 9289
the board or one (1) of the state's institutions of higher 9290
learning and any party outside of the United States, the board or 9291
institution that is the party to the international contract is 9292
hereby authorized and empowered to include in the contract a 9293
provision for the resolution by arbitration of any controversy 9294
between the parties to the contract relating to such contract or 9295
the failure or refusal to perform any part of the contract. Such 9296
provision shall be valid, enforceable and irrevocable without 9297
regard to the justiciable character of the controversy. Provided, 9298
however, that in the event either party to such contract initiates 9299
litigation against the other with respect to the contract, the 9300
arbitration provision shall be deemed waived unless asserted as a 9301
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defense on or before the responding party is required to answer 9302
such litigation. 9303
(k) The Board of Trustees of State Institutions of Higher 9304
Learning ("board"), on behalf of any institution under its 9305
jurisdiction, shall purchase and maintain business property 9306
insurance and business personal property insurance on all 9307
university-owned buildings and/or contents as required by federal 9308
law and regulations of the Federal Emergency Management Agency 9309
(FEMA) as is necessary for receiving public assistance or 9310
reimbursement for repair, reconstruction, replacement or other 9311
damage to those buildings and/or contents caused by the Hurricane 9312
Katrina Disaster of 2005 or subsequent disasters. The board is 9313
authorized to expend funds from any available source for the 9314
purpose of obtaining and maintaining that property insurance. The 9315
board is authorized to enter into agreements with the Department 9316
of Finance and Administration, local school districts, 9317
community/junior college districts, community hospitals and/or 9318
other state agencies to pool their liabilities to participate in a 9319
group business property and/or business personal property 9320
insurance program, subject to uniform rules and regulations as may 9321
be adopted by the Department of Finance and Administration. 9322
(l) The Board of Trustees of State Institutions of Higher 9323
Learning, or its designee, may approve the payment or 9324
reimbursement of reasonable travel expenses incurred by candidates 9325
for open positions at the board's executive office or at any of 9326
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the state institutions of higher learning, when the job candidate 9327
has incurred expenses in traveling to a job interview at the 9328
request of the board, the Commissioner of Higher Education or a 9329
state institution of higher learning administrator. 9330
(m) (i) The Board of Trustees of State Institutions of 9331
Higher Learning is authorized to administer and approve contracts 9332
for the construction and maintenance of buildings and other 9333
facilities of the state institutions of higher learning, including 9334
related contracts for architectural and engineering services, 9335
which are paid for with self-generated funds. 9336
(ii) Additionally, the board is authorized to oversee, 9337
administer and approve contracts for the construction and 9338
maintenance of buildings and other facilities of the state 9339
institutions of higher learning, including related contracts for 9340
architectural and engineering services, which are funded in whole 9341
or in part by general obligation bonds of the State of Mississippi 9342
at institutions designated annually by the board as being capable 9343
to procure and administer all such contracts. Prior to the 9344
disbursement of funds, an agreement for each project between the 9345
institution and the Department of Finance and Administration shall 9346
be executed. The approval and execution of the agreement shall 9347
not be withheld by either party unless the withholding party 9348
provides a written, detailed explanation of the basis for 9349
withholding to the other party. The agreement shall stipulate the 9350
responsibilities of each party, applicable procurement 9351
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regulations, documentation and reporting requirements, conditions 9352
prior to, and schedule of, disbursement of general obligation bond 9353
funds to the institution and provisions concerning handling any 9354
remaining general obligation bonds at the completion of the 9355
project. Such agreement shall not include provisions that 9356
constitute additional qualifications or criteria that act to 9357
invalidate the designation of an institution as capable of 9358
procuring and administering such project. Inclusion of any such 9359
provisions may be appealed to the Public Procurement Review Board. 9360
(n) The Board of Trustees of State Institutions of Higher 9361
Learning ("board") shall require all on-campus faculty and staff 9362
employed by, and all students attending, any of the state 9363
institutions of higher learning identified in Section 37-101-1 to 9364
be issued an identification badge in physical or electronic 9365
format. Any identification card issued or renewed pursuant to 9366
this section, whether physical or in an electronic format, shall 9367
include the words "Crisis Lifeline - Dial or Text 988, or chat 9368
988lifeline.org" or like language for formatting purposes. 9369
SECTION 172. Section 37-101-413, Mississippi Code of 1972, 9370
is brought forward as follows: 9371
37-101-413. (1) As used in this section, the term "state 9372
institutions of higher learning" means those institutions 9373
identified in Section 37-101-1 and the University Research Center. 9374
(2) The Board of Trustees of State Institutions of Higher 9375
Learning may establish an equipment leasing and purchase program 9376
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for the use of the state institutions of higher learning. In 9377
establishing and administering the program, the board may perform 9378
the following actions: 9379
(a) Adopt policies and procedures to implement the 9380
program; 9381
(b) Establish offices or subordinate units as may be 9382
necessary for the administration of the program; 9383
(c) Adopt rules and regulations pertaining to the 9384
program; 9385
(d) Acquire by purchase, lease or lease-purchase 9386
contract and retain or transfer ownership or possession of 9387
instructional and other equipment; 9388
(e) Contract for the leasing of such properties and for 9389
the financing of leases and purchases; 9390
(f) Enter into contracts with others to provide any 9391
services deemed necessary and advisable by the board; 9392
(g) Make purchases and enter into leases according to 9393
the requirements of the state public purchasing laws and the 9394
requirements of those laws establishing the Mississippi Department 9395
of Information Technology Services; 9396
(h) Enter into lease financing agreements in connection 9397
with purchases made under the authority of this section; 9398
(i) Require the transfer of appropriations of general 9399
funds or self-generated funds from the state institutions to those 9400
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funds that the board may determine are required in connection with 9401
any lease financing agreements; 9402
(j) Develop administrative methods for determining age, 9403
useful life, replacement value, current use, condition and other 9404
characteristics of instructional and research equipment at the 9405
state institutions and research facilities; 9406
(k) Determine obsolescence of the equipment and 9407
establish priorities for replacement or provision of the equipment 9408
or its transfer to another state institution that can continue to 9409
utilize it; and 9410
(l) Develop long-range plans for the orderly and 9411
systematic acquisition and utilization of the instructional and 9412
research equipment in order to eliminate waste and duplication, 9413
provide the maximum efficiency of use for expenditures, and 9414
achieve equitable allocations of equipment funds to the state 9415
institutions consistent with the roles of the institutions and 9416
disciplines served. 9417
(3) All institutions of higher learning desiring to 9418
purchase, lease or lease-purchase equipment involving an 9419
expenditure or expenditures of more than Five Thousand Dollars 9420
($5,000.00) must procure that equipment under the equipment 9421
leasing and purchase program unless funds for the procurement of 9422
the equipment under the program are unavailable or the equipment 9423
can be procured elsewhere at an overall cost lower than that for 9424
which the equipment can be procured under the program. 9425
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SECTION 173. Section 43-27-35, Mississippi Code of 1972, is 9426
brought forward as follows: 9427
43-27-35. (1) The Department of Finance and Administration, 9428
for and on behalf of the Department of Human Services and the 9429
State of Mississippi, may enter into a purchase contract, a 9430
lease-purchase agreement or other similar contract for the 9431
acquisition of land, buildings or equipment that would be suitable 9432
for use by the Department of Human Services in providing housing 9433
and facilities for youth under its jurisdiction regardless of the 9434
ages of such youths and that would assist the Department of Human 9435
Services in the performance of its duties under Chapter 27, Title 9436
43, Mississippi Code of 1972. Before entering into any such 9437
contract or agreement, the Department of Finance and 9438
Administration must first demonstrate to the Public Procurement 9439
Review Board satisfactory evidence that the contract or agreement 9440
would be economically advantageous to the Department of Human 9441
Services. 9442
(2) Acquisition of the property described in subsection (1) 9443
of this section shall be made only as provided in subsection (3) 9444
and upon legislative approval or upon approval of the State Bond 9445
Commission in accordance with the manner and procedure prescribed 9446
in Section 27-104-107. 9447
(3) If Newton County is selected as a site to house a 9448
facility under this section, the governing authorities of any 9449
municipality in which all or part of the facility is to be located 9450
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and the Board of Supervisors of Newton County shall adopt 9451
resolutions spread on their minutes requesting the location of the 9452
facility in such municipality and the county. If such resolutions 9453
are adopted, the qualified electors of the municipality, if all or 9454
part of the facility is to be located in a municipality, shall 9455
vote in an election to be set by the governing authorities to 9456
determine if a facility shall be sited. If a majority of the 9457
qualified electors voting in the election vote in favor of siting 9458
a facility, a second election set by the board of supervisors 9459
shall be held in the county. If a majority of the qualified 9460
electors of the county voting in the election vote in favor of 9461
siting a facility, a facility shall be sited. If a majority of 9462
the qualified electors of the municipality voting in the election 9463
vote against siting a facility, a second election shall not be 9464
held in the county and a facility shall not be sited. 9465
SECTION 174. Section 43-37-3, Mississippi Code of 1972, is 9466
brought forward as follows: 9467
43-37-3. (1) Any person, agency or other entity acquiring 9468
real property for any project or program in which public funds are 9469
used shall comply with the following policies: 9470
(a) Every reasonable effort shall be made to acquire 9471
expeditiously real property by negotiation. 9472
(b) Real property shall be appraised before the 9473
initiation of negotiations, except that the acquiring person, 9474
agency or other entity may adopt a procedure in compliance with 9475
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federal regulations to waive the appraisal in cases involving the 9476
acquisition by sale or donation of property with a low fair market 9477
value. For the purposes of this chapter, property with a low fair 9478
market value is property with a fair market value of Ten Thousand 9479
Dollars ($10,000.00) or less. The owner or his designated 9480
representative shall be given an opportunity to accompany the 9481
appraiser during his inspection of the property. 9482
(c) (i) Except as otherwise provided in subparagraph 9483
(ii) of this paragraph, the price that shall be paid for real 9484
property shall be the lesser of the best negotiated price or the 9485
approved appraisal of the fair market value or the price at which 9486
the property is offered for sale. Any decrease or increase in the 9487
fair market value of real property prior to the date of valuation 9488
caused by the public improvement for which the property is 9489
acquired or by the likelihood that the property would be acquired 9490
for such improvement, other than that due to physical 9491
deterioration within the reasonable control of the owner, will be 9492
disregarded in determining the compensation for the property. The 9493
owner of the real property to be acquired shall be provided with a 9494
written statement of, and summary of the basis for, the amount 9495
established as just compensation. Where appropriate, the just 9496
compensation for the real property acquired and for damages to 9497
remaining real property shall be separately stated. 9498
(ii) The purchase price for real property may 9499
exceed the amount offered as just compensation for the property 9500
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when reasonable efforts to negotiate an agreement at that amount 9501
have failed, and the person, agency or other entity seeking to 9502
acquire the property approves an administrative settlement as 9503
reasonable, prudent and in the best interests of the public. When 9504
state funds pay for all or a portion of the acquisition, the 9505
purchasing person, agency or other entity shall prepare a written 9506
statement explaining the reasons that justified the purchase price 9507
exceeding the amount offered as just compensation, including any 9508
anticipated trial risks, and any available information supporting 9509
an administrative settlement. 9510
(d) No owner shall be required to surrender possession 9511
of real property before the agreed purchase price is paid or there 9512
is deposited with the state court, in accordance with applicable 9513
law, for the benefit of the owner an amount not less than the 9514
approved appraisal of the fair market value of such property, or 9515
the amount of the award of compensation in the condemnation 9516
proceeding of such property. 9517
(e) The construction or development of a public 9518
improvement shall be so scheduled that, to the greatest extent 9519
practicable, no person lawfully occupying real property shall be 9520
required to move from a dwelling (assuming a replacement dwelling 9521
will be available) or to move his business or farm operation 9522
without at least ninety (90) days' written notice from the date by 9523
which such move is required. 9524
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(f) If an owner or tenant is permitted to occupy the 9525
real property acquired on a rental basis for a short term or for a 9526
period subject to termination by the acquiring authority on short 9527
notice, the amount of rent required shall not exceed the fair 9528
rental value of the property to a short-term occupier. 9529
(g) In no event shall the time of condemnation be 9530
advanced, or negotiations or condemnation and the deposit of funds 9531
in court for the use of the owner be deferred, or any other 9532
coercive action be taken to compel an agreement on the price to be 9533
paid for the property. 9534
(h) If an interest in real property is to be acquired 9535
by exercise of power of eminent domain, formal condemnation 9536
proceedings shall be instituted. The acquiring authority shall 9537
not intentionally make it necessary for an owner to institute 9538
legal proceedings to prove the fact of the taking of his real 9539
property. 9540
(i) If the acquisition of only part of the property 9541
would leave its owner with an uneconomic remnant, an offer to 9542
acquire that remnant shall be made. For the purposes of this 9543
chapter, an uneconomic remnant is a parcel of real property in 9544
which the owner is left with an interest after the partial 9545
acquisition of the owner's property and which the person, agency 9546
or other entity acquiring the property determines has little or no 9547
value or utility to the owner. 9548
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(j) A person whose real property is being acquired in 9549
accordance with this chapter may, after the person has been fully 9550
informed of his right to receive just compensation for such 9551
property, donate such property, any part thereof, any interest 9552
therein or any compensation paid therefor to the person, agency or 9553
other entity acquiring the property in such manner as he so 9554
determines. 9555
(2) Any real property acquired by any person, agency or 9556
other entity using public funds in accordance with Section 9557
57-75-37(3), Section 57-75-37(4), Section 57-75-37(5), Section 9558
57-75-37(6), Section 57-75-37(7) or Section 57-31-35 shall be 9559
exempt from the provisions of subsection (1)(b) and (c) of this 9560
section to the extent permitted by Section 57-75-37(3), Section 9561
57-75-37(4), Section 57-75-37(5), Section 57-75-37(6), Section 9562
57-75-37(7) or Section 57-31-35. 9563
SECTION 175. Section 45-1-39, Mississippi Code of 1972, is 9564
brought forward as follows: 9565
45-1-39. (1) For the purposes of this section, the 9566
following words and phrases shall have the following meanings 9567
unless the context clearly indicates otherwise: 9568
(a) "Project" means the project for construction of 9569
interior elements at the new Department of Public Safety building 9570
in Pearl, Mississippi. 9571
(b) "Bureau" means the Bureau of Building, Ground, and 9572
Real Property Management. 9573
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(c) "Contract" means the contract for the project which 9574
shall be awarded under the construction-manager-at-risk 9575
methodology as otherwise provided for herein. 9576
(d) "Standards" means the American Institute of 9577
Architects (AIA) A133-2019 Owner/Construction Manager as 9578
Constructor Agreement-Cost of the Work Plus Fee with GMP, the AIA 9579
A133-2019 Exhibit A: GMP Amendment, and the AIA A133-2019 Exhibit 9580
B: Insurance and Bonds, with such revisions, qualifications, and 9581
assumptions as the bureau and the construction manager deem 9582
appropriate due to market conditions and the overall nature of the 9583
project. 9584
(2) The Legislature finds that the size and nature of the 9585
project require the use of the construction-manager-at-risk 9586
methodology and that the resulting opportunities for savings in 9587
construction time and cost justify the direct negotiation of the 9588
contract between the bureau and a construction manager. The bureau 9589
shall negotiate and execute the contract based on the standards. 9590
(3) The project and the contract are hereby exempt from the 9591
public purchasing requirements of Sections 31-7-13 and 31-7-13.2. 9592
SECTION 176. Section 45-11-7, Mississippi Code of 1972, is 9593
brought forward as follows: 9594
45-11-7. (1) There is hereby created a State Fire Academy 9595
for the training and education of persons engaged in municipal, 9596
county and industrial fire protection. The Commissioner of 9597
Insurance shall appoint an Executive Director of the State Fire 9598
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Academy who, along with his employees, shall be designated as a 9599
division of the Insurance Department. The executive director 9600
shall serve at the pleasure of the Commissioner of Insurance. The 9601
State Fire Academy shall be under the supervision and direction of 9602
the Executive Director of the State Fire Academy. State Fire 9603
Academy training programs for fire personnel shall be conducted at 9604
the academy with seminars to be conducted in other sections of the 9605
state as and when the State Fire Academy Advisory Board considers 9606
it necessary and advisable. 9607
The Commissioner of Insurance may establish and charge 9608
reasonable fees for the training programs and other services 9609
provided by the academy. A record of all funds received pursuant 9610
to this paragraph shall be maintained as is required for other 9611
monies pursuant to Section 45-11-5. 9612
The Executive Director of the State Fire Academy is 9613
authorized and empowered to purchase, operate and maintain mobile 9614
firefighting equipment as he may find necessary and proper for the 9615
operation of the academy subject to approval of the Commissioner 9616
of Insurance. The equipment may be utilized wherever training 9617
sessions may be held at the discretion of the State Fire Academy 9618
Advisory Board. 9619
(2) The Commissioner of Insurance shall be authorized to 9620
undertake appropriate action to accomplish and fulfill the 9621
purposes of the State Fire Academy, including the hiring of 9622
instructors and personnel, the lease and purchase of appropriate 9623
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training equipment and to lease, purchase or construct suitable 9624
premises and quarters for conducting annual school and seminars, 9625
as the State Fire Academy Advisory Board may deem necessary and 9626
required for such purposes. Any contract entered into under and 9627
by virtue of the provisions of this section shall first be 9628
submitted to and approved by the Public Procurement Review Board, 9629
and construction pursuant to the contract shall be under the 9630
supervision of the Governor's Office of General Services. 9631
(3) Vouchers for operating expense for the State Fire 9632
Academy shall be signed by the Executive Director of the State 9633
Fire Academy and payment thereof shall be made from such funds to 9634
be derived from a special allocation from the State Fire Academy 9635
Fund as provided in Section 45-11-5. 9636
(4) The State Fire Academy is hereby officially designated 9637
as the agency of this state to conduct training for fire personnel 9638
on a statewide basis in which members of all duly constituted fire 9639
departments may participate. This subsection shall not be 9640
construed to affect the authority of any fire department to 9641
conduct training for its own personnel. 9642
(5) Each state agency, private agency or federal agency 9643
which provides training for the fire service shall coordinate such 9644
efforts with the State Fire Academy to prevent duplication of cost 9645
and to ensure standardization of training. 9646
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(6) The State Fire Academy shall present an appropriate 9647
certificate signifying the successful completion of its prescribed 9648
courses. 9649
(7) National firefighter standards approved by the 9650
Mississippi Fire Personnel Minimum Standards and Certification 9651
Board shall be used as the basis for classroom instruction at the 9652
fire academy. 9653
(8) The Commissioner of Insurance, Executive Director of the 9654
State Fire Academy, and the Mississippi Fire Personnel Minimum 9655
Standards and Certification Board shall coordinate all state 9656
programs related to fire department operations. 9657
(9) The Commissioner of Insurance is hereby authorized and 9658
empowered to establish standard guidelines for the use of, and 9659
accountability for, municipal and county fire protection funds 9660
distributed pursuant to the provisions of Sections 83-1-37 and 9661
83-1-39, Mississippi Code of 1972. Such guidelines shall include 9662
requirements for the establishment of record keeping and reports 9663
to the Commissioner of Insurance by municipalities and counties 9664
relating to the receipt and expenditure of fire protection funds, 9665
the training of fire department personnel and the submission to 9666
the Commissioner of Insurance of other data reasonably related to 9667
local fire protection responsibilities which the Commissioner of 9668
Insurance deems necessary for the performance of the duties of the 9669
State Fire Academy Advisory Board. 9670
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(10) In order that the Commissioner of Insurance may more 9671
effectively execute the duties imposed upon him by subsection (9) 9672
of this section, there is hereby created within the State Fire 9673
Academy a Division of Fire Services Development. The division 9674
shall be staffed by a Fire Services Development Coordinator, 9675
appointed by the executive director of the academy from his 9676
current staff and by such other personnel as deemed by the 9677
Commissioner of Insurance. The division shall work with municipal 9678
and county fire coordinators to ensure effective implementation of 9679
guidelines established pursuant to subsection (9) of this section 9680
and shall serve in an advisory capacity for all aspects of fire 9681
service improvement. The Fire Service Coordinator shall annually 9682
notify the Department of Finance and Administration of those 9683
municipalities and counties which are not eligible to receive a 9684
portion of fire protection fund distributions because of failure 9685
to comply with requirements imposed in Sections 83-1-37 and 9686
83-1-39 as a prerequisite to receipt of such funds. 9687
(11) There is created in the State Treasury a separate 9688
account to be known as the "State Fire Academy Construction Fund." 9689
The State Treasurer shall transfer on July 1, 1997, the sum of Six 9690
Hundred Seventy-five Thousand Dollars ($675,000.00) and on July 1, 9691
1998, the sum of Six Hundred Seventy-five Thousand Dollars 9692
($675,000.00) from the State Fire Academy Fund 3502 into the 9693
separate account created in this subsection. Monies in such 9694
account shall be expended solely, upon legislative appropriations, 9695
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to defray expenses related to the construction of capital 9696
improvements project known as "Fire Safety and Education Building" 9697
and parking areas at the State Fire Academy by the Bureau of 9698
Building, Grounds and Real Property Management of the Office of 9699
General Services and to pay any indebtedness incurred to 9700
accomplish such construction. Funds not used after the completion 9701
of this capital improvements project shall be transferred back 9702
into State Fund 3502. 9703
(12) From and after July 1, 2016, the expenses of this 9704
agency shall be defrayed by appropriation from the State General 9705
Fund and all user charges and fees authorized under this section 9706
shall be deposited into the State General Fund as authorized by 9707
law. 9708
(13) From and after July 1, 2016, no state agency shall 9709
charge another state agency a fee, assessment, rent or other 9710
charge for services or resources received by authority of this 9711
section. 9712
(14) The State Fire Academy is designated as an authorized 9713
training program for Emergency Medical Response and Emergency 9714
Medical Technician, and is authorized to provide initial and 9715
national continued competency program training, including 9716
Emergency Medical Responder, Emergency Medical Technician-Basic 9717
and Emergency Medical Technician-Advanced. The State Fire Academy 9718
shall be limited to a total of one hundred twenty (120) students 9719
per year for Emergency Medical Technician-Basic and Emergency 9720
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Medical Technician-Advanced training; however, no limitation shall 9721
apply to the number of Emergency Medical Responder students. The 9722
training program established by the State Fire Academy shall meet 9723
or exceed the requirements of the most current training program 9724
national standard curriculum as developed by the United States 9725
Department of Transportation, National Highway Traffic Safety 9726
Administration, and shall also meet the minimum testing and 9727
certification requirements established by the State Board of 9728
Health. Successful graduates of the State Fire Academy Emergency 9729
Medical Response and Emergency Medical Technician training shall 9730
be eligible for certification by the State Board of Health for the 9731
training level achieved, provided that their training meets or 9732
exceeds the minimum testing and certification requirements 9733
established by the State Board of Health for these respective 9734
skills, and such certification may be obtained in coordination 9735
with the State Board of Health pursuant to Chapters 59 and 60, 9736
Title 41, Mississippi Code of 1972. 9737
SECTION 177. Section 47-5-20, Mississippi Code of 1972, is 9738
brought forward as follows: 9739
47-5-20. The commissioner shall have the following powers 9740
and duties: 9741
(a) To establish the general policy of the department; 9742
(b) To approve proposals for the location of new 9743
facilities, for major renovation activities, and for the creation 9744
of new programs and divisions within the department as well as for 9745
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the abolition of the same; provided, however, that the 9746
commissioner shall approve the location of no new facility unless 9747
the board of supervisors of the county or the governing 9748
authorities of the municipality in which the new facility is to be 9749
located shall have had the opportunity with at least sixty (60) 9750
days' prior notice to disapprove the location of the proposed 9751
facility. If either the board of supervisors or the governing 9752
authorities shall disapprove the facility, it shall not be located 9753
in that county or municipality. Said notice shall be made by 9754
certified mail, return receipt requested, to the members of the 9755
board or governing authorities and to the clerk thereof; 9756
(c) Except as otherwise provided or required by law, to 9757
open bids and approve the sale of any products or manufactured 9758
goods by the department according to applicable provisions of law 9759
regarding bidding and sale of state property, and according to 9760
rules and regulations established by the State Fiscal Management 9761
Board; 9762
(d) To adopt administrative rules and regulations 9763
including, but not limited to, offender transfer procedures, award 9764
of administrative earned time, personnel procedures, employment 9765
practices. 9766
SECTION 178. Section 47-5-47, Mississippi Code of 1972, is 9767
brought forward as follows: 9768
47-5-47. It shall be unlawful for any person related by 9769
affinity or consanguinity within the third degree computed 9770
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according to the rules of the civil law to the Governor, 9771
Lieutenant Governor or commissioner to accept any employment in 9772
the state correctional system, neither shall the commissioner or 9773
other officer or employee of the state correctional system be 9774
directly or indirectly interested in any contract, purchase or 9775
sale for or in behalf of or on account of the state correctional 9776
system. 9777
SECTION 179. Section 47-5-64, Mississippi Code of 1972, is 9778
brought forward as follows: 9779
47-5-64. (1) The commissioner is hereby directed to 9780
determine the number of acres and location of land under the 9781
department's jurisdiction that are needed for security purposes, 9782
for Prison Agricultural Enterprises and for nonagricultural 9783
purposes. The commissioner shall designate and reserve such 9784
additional land for agricultural or nonagricultural enterprise 9785
projects of the department, as he deems necessary. The 9786
commissioner shall then recommend to the Department of Finance and 9787
Administration the number of acres of department land that should 9788
be leased to private entities and the term of the leases. 9789
(2) The Department of Finance and Administration is 9790
authorized to lease for agricultural purposes that Penitentiary 9791
land so recommended for not less than three (3) nor more than 9792
eight (8) years, with the approval of the Public Procurement 9793
Review Board. 9794
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(3) The Department of Finance and Administration, with the 9795
approval of the Governor, the Secretary of State and the 9796
Commissioner of the Department of Corrections, is authorized to 9797
lease Penitentiary land for power generation projects or other 9798
commercial or industrial projects at the same time that it leases 9799
the land as prescribed in subsection (2) of this section. The 9800
Department of Finance and Administration is authorized to 9801
negotiate all aspects of leases or related agreements executed 9802
under this subsection consistent with the following: 9803
(a) The period of the lease term combined with the term 9804
of renewal shall not exceed forty (40) years. 9805
(b) Any lease or renewal lease shall: 9806
(i) Provide for periodic rent adjustments 9807
throughout the term of the lease; and 9808
(ii) Require the lessee to provide a 9809
decommissioning and restoration bond or other security securing 9810
the lessee's obligation to remove all aboveground and underground 9811
facilities to a depth of at least three (3) feet underground and 9812
to restore the surface to a condition similar to its condition 9813
before the commencement of the lease. 9814
(c) Any lease or renewal lease may provide for any 9815
combination of the following: base rent, bonuses, percentage of 9816
income payments, royalty payments or other terms and conditions 9817
that the Department of Finance and Administration deems necessary 9818
to maintain a fair and equitable return to the state and to 9819
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protect the leased land throughout the term of the lease or 9820
renewal lease. 9821
(d) Oil, gas and mineral rights in the leased land 9822
shall be reserved to the State of Mississippi. 9823
(e) This subsection does not authorize the sale or 9824
transfer of title to any state lands. 9825
(f) The Department of Finance and Administration may 9826
charge fees and expenses, not to exceed costs, incurred in 9827
administering this subsection. 9828
(g) Any monies derived from leasing lands under this 9829
subsection shall be deposited to the Prison Agricultural 9830
Enterprise Fund as provided in Section 47-5-66. 9831
SECTION 180. Section 47-5-66, Mississippi Code of 1972, is 9832
brought forward as follows: 9833
47-5-66. (1) Except as provided in Section 47-5-64(3), it 9834
shall be the duty of the Department of Finance and Administration, 9835
with the approval of the Public Procurement Review Board, to lease 9836
lands at public contract upon the submission of two (2) or more 9837
sealed bids to the Department of Finance and Administration after 9838
having advertised the land for rent in newspapers of general 9839
circulation published in Jackson, Mississippi; Memphis, Tennessee; 9840
the county in which the land is located; and contiguous counties 9841
for a period of not less than two (2) successive weeks. The first 9842
publication shall be made not less than ten (10) days before the 9843
date of the public contract, and the last publication shall be 9844
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made not more than seven (7) days before that date. The 9845
Department of Finance and Administration may reject any and all 9846
bids. If all bids on a tract or parcel of land are rejected, the 9847
Department of Finance and Administration may then advertise for 9848
new bids on that tract or parcel of land. Successful bidders 9849
shall take possession of their leaseholds at the time authorized 9850
by the Department of Finance and Administration. However, rent 9851
shall be due no later than the day upon which the lessee shall 9852
assume possession of the leasehold, and shall be due on the 9853
anniversary date for each following year of the lease. The 9854
Department of Finance and Administration may provide in any lease 9855
that rent shall be paid in full in advance or paid in 9856
installments, as may be necessary or appropriate. In addition, 9857
the Department of Finance and Administration may accept, and the 9858
lease may provide for, assignments of federal, state or other 9859
agricultural support payments, growing crops or the proceeds from 9860
the sale thereof, promissory notes, or any other good and valuable 9861
consideration offered by any lessee to meet the rent requirements 9862
of the lease. If a promissory note is offered by a lessee, it 9863
shall be secured by a first lien on the crop of the lessee, or the 9864
proceeds from the sale thereof. The lien shall be filed pursuant 9865
to Article 9 of the Uniform Commercial Code and Section 1324 of 9866
the Food Security Act of 1985, as enacted or amended. If the note 9867
is not paid at maturity, it shall bear interest at the rate 9868
provided for judgments and decrees in Section 75-17-7 from its 9869
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maturity date until the note is paid. The note shall provide for 9870
the payment of all costs of collection and reasonable attorney's 9871
fees if default is made in the payment of the note. The payment 9872
of rent by promissory note or any means other than cash in advance 9873
shall be subject to the approval of the Public Procurement Review 9874
Board, which shall place the approval of record in the minutes of 9875
the board. 9876
(2) There is created a special fund to be designated as the 9877
"Prison Agricultural Enterprises Fund" and to be used for the 9878
purpose of conducting, operating and managing the agricultural and 9879
nonagricultural enterprises of the department. Any monies derived 9880
from the leasing of Penitentiary lands, from the sales of timber 9881
as provided in Section 47-5-56, from the prison's agricultural 9882
enterprises or earmarked for the Prison Industries Fund shall be 9883
deposited to the special fund. However, fifteen percent (15%) of 9884
the monies derived from the leasing of Penitentiary lands under 9885
Section 47-5-64(3) shall be deposited to a special fund to be 9886
distributed annually on a student pro rata basis to the public 9887
schools located in Sunflower County by the Department of Finance 9888
and Administration. 9889
(3) All profits derived from prison industries shall be 9890
placed in a special fund in the State Treasury to be known as the 9891
"Prison Industries Fund," to be appropriated each year by the 9892
Legislature to the nonprofit corporation, which is required to be 9893
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organized under the provisions of Section 47-5-535, for the 9894
purpose of operating and managing the prison industries. 9895
(4) The state shall have the rights and remedies for the 9896
security and collection of the rents given by law to landlords. 9897
(5) Lands leased for agricultural purposes under Section 9898
47-5-64(2) shall be subject to a fee-in-lieu of ad valorem taxes, 9899
including taxes levied for school purposes. The fee-in-lieu shall 9900
be Nine Dollars ($9.00) per acre. Upon the execution of the 9901
agricultural leases to private entities as authorized by Section 9902
47-5-64(2), the Department of Finance and Administration shall 9903
collect the in lieu fee and shall forward the fees to the tax 9904
collector in which the land is located. The tax collector shall 9905
disburse the fees to the appropriate county or municipal governing 9906
authority on a pro rata basis. The sum apportioned to a school 9907
district shall not be less than the school district's pro rata 9908
share based upon the proportion that the millage imposed for the 9909
school district by the appropriate levying authority bears to the 9910
millage imposed by the levying authority for all other county or 9911
municipal purposes. Any funds obtained by the corporation as a 9912
result of sale of goods and services manufactured and provided by 9913
it shall be accounted for separate and apart from any funds 9914
received by the corporation through appropriation from the State 9915
Legislature. All nonappropriated funds generated by the 9916
corporation shall not be subject to appropriation by the State 9917
Legislature. 9918
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(6) Any land leased, as provided under Section 47-5-64(2), 9919
shall not be leased for an amount less than would be received if 9920
such land were to be leased under any federal loan program. In 9921
addition, all leases shall be subject to the final approval of the 9922
Public Procurement Review Board before such leases are to become 9923
effective. 9924
SECTION 181. Section 47-5-79, Mississippi Code of 1972, is 9925
brought forward as follows: 9926
47-5-79. All contracts for the purchase of materials, 9927
supplies, equipment and sustenance for the offenders of the 9928
correctional system shall be made under the provisions of the 9929
State Purchasing Law, same being Sections 31-7-1 through 31-7-55. 9930
SECTION 182. Section 47-5-105, Mississippi Code of 1972, is 9931
brought forward as follows: 9932
47-5-105. The award of all contracts within the purview of 9933
the Department of Finance and Administration under Section 9934
27-104-7 in excess of Five Hundred Thousand Dollars ($500,000.00) 9935
entered into by the commissioner shall be approved by the Public 9936
Procurement Review Board and shall be entered on the minutes of 9937
such board before any funds shall be expended therefor. Provided 9938
further, that the entrance of the award of contracts on the 9939
minutes of the Public Procurement Review Board shall contain a 9940
detailed accounting of all bids entered showing clearly the lowest 9941
bid and best bid that was awarded in each and every case and, if 9942
the bid accepted is not the lowest, then the reasons and 9943
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justification for not accepting the lowest bid shall be spread on 9944
the minutes. A true copy of the minutes of each meeting of the 9945
Public Procurement Review Board shall be sent monthly to the 9946
Governor, members of the Legislative Budget Office and Chairmen of 9947
the Corrections Committees of the Senate and the House of 9948
Representatives. 9949
SECTION 183. Section 47-5-307, Mississippi Code of 1972, is 9950
amended as follows: 9951
47-5-307. (1) On and after the establishment of the 9952
industries provided for in Sections 47-5-301 through 47-5-327, all 9953
commissions, departments, institutions and other agencies of this 9954
state, which are supported in whole or in part by this state, may 9955
purchase from the State Department of Corrections all articles or 9956
products required by such commissions, departments, institutions 9957
or agencies which are produced or manufactured by the State 9958
Department of Corrections with the use of penitentiary labor as 9959
provided for by Sections 47-5-301 through 47-5-327. All purchases 9960
made by state agencies shall be made through the * * * Department 9961
of Finance and Administration upon requisition by the proper 9962
authority of the commission, department, institution or agency. 9963
Political subdivisions of this state may purchase directly from 9964
the State Department of Corrections. 9965
(2) Any article or product manufactured by the State 9966
Department of Corrections for sale through the * * * Department of 9967
Finance and Administration to any commission, department, 9968
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institution or agency of the state or to any political subdivision 9969
thereof, shall be manufactured and/or produced only upon state 9970
specifications developed by and through the * * * Department of 9971
Finance and Administration. However, if such specifications have 9972
not been developed by the * * * Department of Finance and 9973
Administration, then production may be based upon commercial 9974
specifications in current use by industry for the manufacture of 9975
such articles and products for sale to the state and political 9976
subdivisions thereof which have first been approved by the * * * 9977
Department of Finance and Administration. For purposes of 9978
Sections 47-5-301 through 47-5-327, state specifications and 9979
commercial specifications approved by the * * * Department of 9980
Finance and Administration shall mean the latest complete version 9981
of any specification including amendments thereto. 9982
SECTION 184. Section 47-5-313, Mississippi Code of 1972, is 9983
amended as follows: 9984
47-5-313. At least thirty (30) days before the beginning of 9985
each fiscal year, the * * * Department of Finance and 9986
Administration shall provide to the State Department of 9987
Corrections, summary reports of the kind and amount of articles 9988
and products purchased for state commissions, departments, 9989
institutions, agencies and political subdivisions based upon the 9990
previous nine (9) months' experience. Not more than one hundred 9991
(100) days following the close of each fiscal year, the * * * 9992
Department of Finance and Administration shall submit to the State 9993
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Department of Corrections a report showing the kinds and amounts 9994
of such Penitentiary-manufactured articles purchased by all state 9995
commissions, departments, institutions, agencies and political 9996
subdivisions based upon the purchase experience of the entire 9997
previous fiscal year. All such reports shall refer, insofar as 9998
possible, to the items or products contained in the catalogue as 9999
issued by the State Department of Corrections. The * * * 10000
Department of Finance and Administration may at any time request 10001
the State Department of Corrections to manufacture or produce 10002
additional articles or products. 10003
SECTION 185. Section 47-5-357, Mississippi Code of 1972, is 10004
brought forward as follows: 10005
47-5-357. (1) (a) Due to the unique and time sensitive 10006
requirements of growing and harvesting products produced by the 10007
prison agricultural enterprises, the Department of Finance and 10008
Administration and the department shall establish a prudent 10009
purchasing policy which may exempt from bid requirements those 10010
commodities, items or services which are needed for the efficient 10011
and effective management of the prison agricultural enterprises. 10012
(b) Due to the unique and time sensitive requirements 10013
of growing and harvesting products produced by the prison 10014
agricultural enterprises, the Department of Finance and 10015
Administration and the department shall establish a prudent 10016
leasing policy which may exempt from bid requirements agricultural 10017
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equipment which is needed for the efficient and effective 10018
management of the prison agricultural enterprises. 10019
(2) The Department of Finance and Administration shall, by 10020
order entered on its minutes, list those commodities, items and 10021
services exempted from bid requirements as provided in Section 10022
31-7-12. 10023
SECTION 186. Section 49-2-9, Mississippi Code of 1972, is 10024
brought forward as follows: 10025
49-2-9. (1) Effective July 1, 1979, the commission shall 10026
have the following powers and duties: 10027
(a) To formulate the policy of the department regarding 10028
natural resources within the jurisdiction of the department; 10029
(b) To adopt, modify, repeal, and promulgate, after due 10030
notice and hearing, and where not otherwise prohibited by federal 10031
or state law, to make exceptions to and grant exemptions and 10032
variances from, and to enforce rules and regulations implementing 10033
or effectuating the powers and duties of the commission under any 10034
and all statutes within the commission's jurisdiction, and as the 10035
commission may deem necessary to prevent, control and abate 10036
existing or potential pollution; 10037
(c) To apply for, receive and expend any federal or 10038
state funds or contributions, gifts, devises, bequests or funds 10039
from any other source; 10040
(d) To commission or conduct studies designed to 10041
determine alternative methods of managing or using the natural 10042
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resources of this state, in a manner to ensure efficiency and 10043
maximum productivity; 10044
(e) To enter into, and to authorize the executive 10045
director to execute with the approval of the commission, 10046
contracts, grants and cooperative agreements with any federal or 10047
state agency or subdivision thereof, or any public or private 10048
institution located inside or outside the State of Mississippi, or 10049
any person, corporation or association in connection with carrying 10050
out the provisions of this chapter; but this authority under this 10051
chapter and under any and all statutes within the commission's 10052
jurisdiction, except those statutes relating to the Bureau of 10053
Recreation and Parks, shall not include contracts, grants or 10054
cooperative agreements which do not develop data or information 10055
usable by the commission, or which provide goods, services or 10056
facilities to the commission or any of its bureaus, and shall 10057
exclude any monies for special interest groups for purposes of 10058
lobbying or otherwise promoting their special interests; and 10059
(f) To discharge such other duties, responsibilities 10060
and powers as are necessary to implement the provisions of this 10061
chapter. 10062
(2) The Mississippi Department of Environmental Quality, 10063
Office of Geology and Energy Resources shall be responsible for 10064
program management, procurement, development and maintenance of 10065
the Mississippi Digital Earth Model, which should include the 10066
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following seven (7) core data layers of a digital land base 10067
computer model of the State of Mississippi: 10068
(a) Geodetic control; 10069
(b) Elevation and bathymetry; 10070
(c) Orthoimagery; 10071
(d) Hydrography; 10072
(e) Transportation; 10073
(f) Government boundaries; and 10074
(g) Cadastral. With respect to the cadastral layer, 10075
the authority and responsibility of the Mississippi Department of 10076
Environmental Quality, Office of Geology and Energy Resources 10077
shall be limited to compiling information submitted by counties. 10078
For all seven (7) framework layers, the Mississippi 10079
Department of Environmental Quality, Office of Geology and Energy 10080
Resources shall be the integrator of data from all sources and the 10081
guarantor of data completeness and consistency and shall 10082
administer the council's policies and standards for the 10083
procurement of remote sensing and geographic information system 10084
data by state and local governmental entities. 10085
SECTION 187. Section 49-31-7, Mississippi Code of 1972, is 10086
brought forward as follows: 10087
49-31-7. The purposes of this chapter are: 10088
(a) To establish state policy with regard to the role 10089
of pollution prevention and recycling in waste management; 10090
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(b) To promote pollution prevention, reuse and 10091
recycling of waste in lieu of treatment or disposal of waste; 10092
(c) To require all state agencies to aid and promote 10093
the development of recycling through the establishment of 10094
recycling programs; 10095
(d) To require all state agencies to aid and promote 10096
the development of recycling through the establishment of policies 10097
for the procurement of goods containing recycled materials; 10098
(e) To establish statewide pollution prevention and 10099
waste reduction goals; 10100
(f) To provide for the creation and administration of 10101
the Mississippi Multimedia Pollution Prevention Program; 10102
(g) To promote pollution prevention through the 10103
requirement of educational curricula for primary and secondary 10104
schools; 10105
(h) To foster the education of the general public and 10106
the training of waste management professionals to reduce the 10107
production of waste, to prevent pollution and to encourage 10108
recycling; 10109
(i) To establish and maintain a cooperative state 10110
program of planning and technical and financial assistance for the 10111
use of pollution prevention and recycling in waste management; 10112
(j) To mandate waste minimization planning by certain 10113
generators and facility operators for the reduction of waste; 10114
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(k) To encourage the development of pollution 10115
prevention and recycling programs as a means of managing waste and 10116
conserving resources through planning, grants, technical 10117
assistance and other incentives; 10118
(l) To encourage local governments to develop and 10119
implement recycling programs within their jurisdictions to return 10120
valuable materials to productive use and to protect capacity at 10121
waste management facilities; 10122
(m) To further the development of the state's recycling 10123
industry by promoting the successful development of markets for 10124
recycled items; and 10125
(n) To provide for the funding of the Mississippi 10126
Multimedia Pollution Prevention Program through the establishment 10127
of a pollution prevention fee. 10128
SECTION 188. Section 57-1-55, Mississippi Code of 1972, is 10129
brought forward as follows: 10130
57-1-55. (1) The Mississippi Development Authority shall 10131
have the following general powers and duties: To develop and 10132
manage programs which enhance the climate for economic growth 10133
through assistance to private sector businesses, local communities 10134
and individuals, and through an extensive national and 10135
international marketing effort. 10136
(2) The Mississippi Development Authority shall have the 10137
following general powers and duties with respect to economic 10138
development: 10139
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(a) To plan, supervise and direct an active program of 10140
solicitation of industries to locate within the state; 10141
(b) To prepare, maintain and disseminate information 10142
which is needed by companies in evaluating site locations; 10143
(c) To consult with, advise and assist prospective 10144
industries wishing to locate within the state; 10145
(d) To encourage new or expanding industries, which 10146
will add to the economy, to locate within the state; 10147
(e) To maintain a coordinated liaison function with 10148
other development groups, including state and federal agencies, 10149
and planning and development districts, utility companies, 10150
chambers of commerce and railroads; 10151
(f) To assist communities and counties within the state 10152
in preparation for economic growth; 10153
(g) To assist new and existing business and industry 10154
and encourage their development and expansion; 10155
(h) To plan and conduct a nationwide advertising 10156
program promoting the state to prospective industry. Any contract 10157
entered into for such purposes shall be advertised, bid and 10158
accepted in accordance with the same procedure as prescribed for 10159
the advertisement and acceptance of bids for the purchase of 10160
commodities and contracts for public purchases under Chapter 7, 10161
Title 31, Mississippi Code of 1972; 10162
(i) To work with economic development agencies of the 10163
federal government in areas of industrial development and provide 10164
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information to industrial prospects regarding the availability of 10165
federal funds and assistance; 10166
(j) To work with the Department of Corrections, 10167
pursuant to the provisions of Section 47-5-501 et seq., in 10168
identifying and evaluating acceptable industries and businesses 10169
and in acting as an agent of the Department of Corrections by 10170
communicating with such concerns and aggressively soliciting their 10171
participation in the Correctional Industries Work Program; 10172
(k) To perform related work as required; 10173
(l) To disseminate information about financial and 10174
other programs of the Mississippi Development Authority that will 10175
assist in the creation or expansion of industries processing wood 10176
products in this state; 10177
(m) To market processed and raw agricultural products 10178
domestically and abroad; 10179
(n) To aid in the establishment of business incubation 10180
centers by private business interests, not-for-profit 10181
corporations, and/or governmental entities. The department may 10182
provide funds by contract for the establishment of business 10183
incubation centers and may contract for space in which business 10184
incubation centers will be located. Business incubation centers 10185
are defined as facilities and support services that encourage the 10186
establishment of successful small businesses by providing a 10187
short-term sheltered environment. The department may solicit and 10188
accept grants and other financial aid or support from private or 10189
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public sources to aid in the development of business incubation 10190
centers. In addition, advice and assistance to established 10191
business incubation centers may be provided by the department; 10192
(o) To employ licensed real estate brokers and 10193
appraisers necessary for the industrial development of any real 10194
estate under the ownership or control of the Mississippi 10195
Development Authority. Any contract entered into for such 10196
purposes shall be advertised, bid and accepted in accordance with 10197
the same procedure as prescribed for the advertisement and 10198
acceptance of bids for the purchase of commodities and contracts 10199
for public purchases under Chapter 7, Title 31, Mississippi Code 10200
of 1972; and 10201
(p) The Mississippi Development Authority will 10202
establish, administer, manage, make expenditures and allocations 10203
from the Forestry Facility Grant Program under the provisions of 10204
Section 57-1-781. 10205
SECTION 189. Section 57-69-3, Mississippi Code of 1972, is 10206
brought forward as follows: 10207
57-69-3. Unless the context requires otherwise, the 10208
following words shall have the following meanings for the purposes 10209
of this chapter: 10210
(a) "Class of contract basis" means an entire group of 10211
contracts having a common characteristic. 10212
(b) "Commercially useful function" means being 10213
responsible for execution of a contract or a distinct element of 10214
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the work under a contract by actually performing, managing, and 10215
supervising the work involved. 10216
(c) "Contract" means all types of state agreements, 10217
regardless of what they may be called, for the purchase of 10218
supplies or services or for construction or major repairs. 10219
"Contract" includes the following: 10220
(i) Awards and notices of award. 10221
(ii) Contracts of a fixed price, cost, 10222
cost-plus-a-fixed-fee, or incentive types. 10223
(iii) Contracts providing for the issuance of job 10224
or task orders. 10225
(iv) Leases. 10226
(v) Letter contracts. 10227
(vi) Purchase orders. 10228
(vii) Any supplemental agreements with respect to 10229
(i) through (vi) of this paragraph. 10230
(d) "Contracting base" means the dollar amount of 10231
contracts for public works and procurement of goods and services 10232
awarded by a state agency or a state educational institution 10233
during a fiscal year. 10234
(e) "Contract by contract basis" means a single 10235
contract within a specific class of contracts. 10236
(f) "Contractor" means a party who enters into a 10237
contract to provide a state or educational institution with goods 10238
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or services, including construction, or a subcontractor or 10239
sublessee of such a party. 10240
(g) "Director" means the Executive Director of the 10241
Office of Minority Business Enterprises of the Mississippi 10242
Development Authority. 10243
(h) "Educational institutions" means the state 10244
universities, vocational institutions, and any other 10245
state-supported educational institutions. 10246
(i) "Joint venture" means an association of two (2) or 10247
more persons or businesses to carry out a single business 10248
enterprise for profit for which purpose they combine their 10249
property, capital, efforts, skills, and knowledge, and in which 10250
they exercise control and share in profits and losses in 10251
proportion to their contribution to the enterprise. 10252
(j) "Minority" means a person who is a citizen or 10253
lawful permanent resident of the United States and who is: 10254
(i) Black: having origins in any of the black 10255
racial groups of Africa. 10256
(ii) Hispanic: of Mexican, Puerto Rican, Cuban, 10257
Central or South American, or other Spanish or Portuguese culture 10258
or origin regardless of race. 10259
(iii) Asian American: having origins in any of 10260
the original peoples of the Far East, Southeast Asia, the Indian 10261
subcontinent, or the Pacific Islands. 10262
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(iv) American Indian or Alaskan Native: having 10263
origins in any of the original peoples of North America. 10264
(v) Female. 10265
(k) "Minority business enterprise" or "minority owned 10266
business" means a socially and economically disadvantaged small 10267
business concern organized for profit performing a commercially 10268
useful function which is owned and controlled by one or more 10269
individuals or minority business enterprises certified by the 10270
office, at least seventy-five percent (75%) of whom are resident 10271
citizens of the State of Mississippi. For purposes of this 10272
paragraph, the term "socially and economically disadvantaged small 10273
business concern" shall have the meaning ascribed to such term 10274
under the Small Business Act (15 USCS, Section 637(a)). Owned and 10275
controlled means a business in which one or more minorities or 10276
minority business enterprises certified by the office own at least 10277
fifty-one percent (51%) or in the case of a corporation at least 10278
fifty-one percent (51%) of the voting stock and control at least 10279
fifty-one percent (51%) of the management and daily business 10280
operations of the business. The term "minority business 10281
enterprise" does not include any medical cannabis establishment as 10282
defined in the Mississippi Medical Cannabis Act. 10283
(l) "Minority business enterprise supplier" means a 10284
socially and economically disadvantaged small business concern 10285
which is owned and controlled by one or more individuals, at least 10286
seventy-five percent (75%) of whom are resident citizens of the 10287
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State of Mississippi. For purposes of this paragraph, the term 10288
"socially and economically disadvantaged small business concern" 10289
shall have the meaning ascribed to such term under the Small 10290
Business Act (15 USCS, Section 637(a)) except that the net worth 10291
of the business may not be greater than Seven Hundred Fifty 10292
Thousand Dollars ($750,000.00). Owned and controlled means a 10293
business in which one or more minorities own at least fifty-one 10294
percent (51%) or in the case of a corporation at least fifty-one 10295
percent (51%) of the voting stock and control at least fifty-one 10296
percent (51%) of the management and daily business operations of 10297
the business. The term "minority business enterprise supplier" 10298
does not include any medical cannabis establishment as defined in 10299
the Mississippi Medical Cannabis Act. 10300
(m) "Office" means the Office of Minority Business 10301
Enterprises of the Mississippi Development Authority. 10302
(n) "Procurement" means the purchase, lease, or rental 10303
of any goods or services. 10304
(o) "Commodities" means the various items described in 10305
Section 31-7-1(e). 10306
(p) "Professional services" means all personal service 10307
contracts utilized by state agencies and institutions. 10308
(q) "Small business" means a small business as defined 10309
by the Small Business Administration of the United States 10310
government which for purposes of size eligibility or other factors 10311
meets the applicable criteria set forth in Part 121 of Title 13 of 10312
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the Code of Federal Regulations as amended, and which has its 10313
principal place of business in Mississippi. 10314
(r) "State agency" includes the State of Mississippi 10315
and all agencies, departments, offices, divisions, boards, 10316
commissions, and correctional and other types of institutions. 10317
"State agency" does not include the Mississippi Department of 10318
Transportation nor the judicial or legislative branches of 10319
government except to the extent that procurement or public works 10320
for these branches is performed by a state agency. 10321
SECTION 190. Section 57-69-5, Mississippi Code of 1972, is 10322
brought forward as follows: 10323
57-69-5. (1) There is hereby created the Office of Minority 10324
Business Enterprises of the Mississippi Development Authority 10325
under the Mississippi Development Authority. The Executive 10326
Director of the Mississippi Development Authority shall appoint an 10327
executive director for the office. The executive director may 10328
employ a staff subject to approval of the Executive Director of 10329
the Mississippi Development Authority as necessary to carry out 10330
the purposes of this office. 10331
(2) The office shall perform the following: 10332
(a) Develop, plan and implement programs to provide an 10333
opportunity for participation by qualified minority owned 10334
businesses in public works and the process by which goods and 10335
services are procured by state agencies and educational 10336
institutions from the private sector; 10337
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(b) Develop a comprehensive plan encouraging that 10338
qualified minority owned businesses are provided an opportunity to 10339
participate in public contracts for public works and commodities 10340
and services; 10341
(c) Identify barriers to equal participation by 10342
qualified minority owned businesses in all state agency and 10343
educational institution contracts; 10344
(d) Develop and maintain a central minority business 10345
enterprise certification list for all state agencies and 10346
educational institutions; 10347
(e) Adopt rules for the implementation of this chapter; 10348
(f) Develop and maintain a central minority business 10349
enterprise certification program; 10350
(g) Develop and maintain a central minority business 10351
enterprise supplier certification program; 10352
(h) Submit an annual report to the Governor and the 10353
Legislature outlining the progress and economic impact on the 10354
public and private sectors of implementing this chapter; 10355
(i) Increase efforts to inform minority businesses of 10356
state government procurement procedures and policies; 10357
(j) Serve as the principal advocate in the state on 10358
behalf of minority business enterprises and minority business 10359
enterprise suppliers and provide advice in the consideration of 10360
administrative requirements and legislation that affect minority 10361
business enterprises and minority business enterprise suppliers; 10362
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(k) Evaluate the effectiveness of efforts of state 10363
agencies and other entities to assist minority business 10364
enterprises and minority business enterprise suppliers and make 10365
appropriate recommendations to assist the development and 10366
strengthening of minority business enterprises and minority 10367
business enterprise suppliers; 10368
(l) Determine the availability of financial and other 10369
resources to minority business enterprises and minority business 10370
enterprise suppliers and recommend methods for: 10371
(i) Increasing the availability of equity capital 10372
and other forms of financial assistance to minority business 10373
enterprises and minority business enterprise suppliers; 10374
(ii) Generating markets for the goods and services 10375
of minority business enterprises and minority business enterprise 10376
suppliers; 10377
(iii) Providing more effective education, training 10378
and management and technical assistance to minority business 10379
enterprises and minority business enterprise suppliers; and 10380
(iv) Providing assistance to minority business 10381
enterprises and minority business enterprise suppliers in 10382
complying with federal, state and local laws; 10383
(m) Serve as a focal point for receiving complaints and 10384
suggestions concerning state government policies and activities 10385
that affect minority business enterprises and minority business 10386
enterprise suppliers; 10387
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(n) Develop and advocate proposals for changes in state 10388
policies and activities that adversely affect minority business 10389
enterprises and minority business enterprise suppliers; 10390
(o) Provide to legislative committees and state 10391
agencies information on the effects of proposed policies or 10392
actions that affect minority business enterprises and minority 10393
business enterprise suppliers; 10394
(p) Enlist the assistance of public and private 10395
agencies, businesses and other organizations in disseminating 10396
information about state programs and services that benefit 10397
minority business enterprises and minority business enterprise 10398
suppliers and information regarding means by which minority 10399
business enterprises and minority business enterprise suppliers 10400
can use those programs and services; 10401
(q) Identify sources of financial assistance for 10402
minority business enterprises, match minority business enterprises 10403
and minority business enterprise suppliers with sources of 10404
financial assistance, and assist minority business enterprises and 10405
minority business enterprise suppliers with the preparation of 10406
applications for loans from governmental or private sources; 10407
(r) Sponsor meetings, to the extent practicable in 10408
cooperation with public and private educational institutions, to 10409
provide training and disseminate information beneficial to 10410
minority business enterprises and minority business enterprise 10411
suppliers; 10412
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(s) Assist minority business enterprises and minority 10413
business enterprise suppliers in their dealings with federal, 10414
state and local governmental agencies and provide information 10415
regarding governmental requirements affecting minority business 10416
enterprises and minority business enterprise suppliers; 10417
(t) Develop and implement programs to encourage 10418
governmental agencies, public sector business associations and 10419
other organizations to provide useful services to minority 10420
business enterprises and minority business enterprise suppliers; 10421
(u) Use available resources within the state, such as 10422
minority business enterprise development centers, educational 10423
institutions and nonprofit associations, to coordinate the 10424
provision of management and technical assistance to minority 10425
business enterprises and minority business enterprise suppliers in 10426
a systematic manner; 10427
(v) Publish newsletters, brochures and other documents 10428
containing information useful to minority business enterprises and 10429
minority business enterprise suppliers; 10430
(w) Identify successful minority business enterprise 10431
assistance programs provided by other states and determine the 10432
feasibility of adapting those programs for implementation in 10433
Mississippi; 10434
(x) Establish an outreach program to make the existence 10435
of the office known to minority business enterprises, minority 10436
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business enterprise suppliers and potential clients throughout the 10437
state; and 10438
(y) Identify potential business opportunities for 10439
minority business enterprises and minority business enterprise 10440
suppliers and develop programs to maximize those opportunities. 10441
SECTION 191. Section 57-69-7, Mississippi Code of 1972, is 10442
amended as follows: 10443
57-69-7. (1) The Executive Director of the Mississippi 10444
Development Authority shall certify minority business enterprises 10445
that qualify as such. The director shall establish criteria by 10446
which minority business enterprises may qualify for certification. 10447
(2) The Executive Director of the Mississippi Development 10448
Authority shall certify minority business * * * enterprise 10449
suppliers that qualify as such. The director shall establish 10450
criteria by which minority business enterprise suppliers may 10451
qualify for certification. 10452
SECTION 192. Section 57-69-9, Mississippi Code of 1972, is 10453
brought forward as follows: 10454
57-69-9. Each state agency and educational institution shall 10455
report the participation of minority business enterprises in the 10456
public works and procurement contracts executed by the agency or 10457
institution. The reports shall be made on a an annual basis. 10458
SECTION 193. Section 57-75-3, Mississippi Code of 1972, is 10459
brought forward as follows: 10460
57-75-3. The Legislature hereby finds and declares that: 10461
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(a) There exists in the State of Mississippi a 10462
continuing need for gainful employment for the citizens of this 10463
state. 10464
(b) To help provide employment opportunities, a 10465
division within the Mississippi Development Authority should be 10466
created with power to secure the location and expansion within 10467
this state of major economic impact projects by providing 10468
assistance and incentives in connection with such projects. 10469
(c) In accomplishing this purpose, such division will 10470
be acting in all respects for the benefit of the people of the 10471
state in the performance of essential public functions and is 10472
serving a valid public purpose in improving and otherwise 10473
promoting their health, welfare and prosperity, and the enactment 10474
of the provisions hereinafter set forth is for a valid public 10475
purpose. 10476
(d) Public agencies of the state, as herein defined, 10477
must be authorized and empowered to contract with and cooperate 10478
with the authority for the purposes herein set out. 10479
(e) The borrowing of money and the issuance of bonds 10480
for the purposes hereinafter set out serves valid public purposes 10481
in that the project will significantly contribute to the 10482
employment base and scientific and educational growth of the 10483
state. 10484
(f) The Mississippi Major Economic Impact Authority 10485
created pursuant to this chapter shall implement the provisions of 10486
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this chapter and exercise all power as authorized in this chapter; 10487
however, the application of this chapter or the offering of any 10488
assistance and incentives as to any particular project or person 10489
shall be in the sole discretion of the Mississippi Major Economic 10490
Impact Authority, and nothing in this chapter shall be deemed to 10491
vest in any person any right to any assistance or incentive 10492
contained herein unless the assistance or incentive is approved by 10493
the Mississippi Major Economic Impact Authority pursuant to this 10494
chapter. The exercise of powers conferred by this chapter shall 10495
be deemed and held to be the performance of essential public 10496
purposes. 10497
SECTION 194. Section 57-75-5, Mississippi Code of 1972, is 10498
brought forward as follows: 10499
57-75-5. Words and phrases used in this chapter shall have 10500
meanings as follows, unless the context clearly indicates a 10501
different meaning: 10502
(a) "Act" means the Mississippi Major Economic Impact 10503
Act as originally enacted or as hereafter amended. 10504
(b) "Authority" means the Mississippi Major Economic 10505
Impact Authority created pursuant to the act. 10506
(c) "Bonds" means general obligation bonds, interim 10507
notes and other evidences of debt of the State of Mississippi 10508
issued pursuant to this chapter. 10509
(d) "Facility related to the project" means and 10510
includes any of the following, as the same may pertain to the 10511
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project within the project area: (i) facilities to provide 10512
potable and industrial water supply systems, sewage and waste 10513
disposal systems and water, natural gas and electric transmission 10514
systems to the site of the project; (ii) airports, airfields and 10515
air terminals; (iii) rail lines; (iv) port facilities; (v) 10516
highways, streets and other roadways; (vi) public school 10517
buildings, classrooms and instructional facilities, training 10518
facilities and equipment, including any functionally related 10519
facilities; (vii) parks, outdoor recreation facilities and 10520
athletic facilities; (viii) auditoriums, pavilions, campgrounds, 10521
art centers, cultural centers, folklore centers and other public 10522
facilities; (ix) health care facilities, public or private; and 10523
(x) fire protection facilities, equipment and elevated water 10524
tanks. 10525
(e) "Person" means any natural person, corporation, 10526
association, partnership, limited liability company, receiver, 10527
trustee, guardian, executor, administrator, fiduciary, 10528
governmental unit, public agency, political subdivision, or any 10529
other group acting as a unit, and the plural as well as the 10530
singular. 10531
(f) "Project" means: 10532
(i) Any industrial, commercial, research and 10533
development, warehousing, distribution, transportation, 10534
processing, mining, United States government or tourism enterprise 10535
together with all real property required for construction, 10536
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maintenance and operation of the enterprise with an initial 10537
capital investment of not less than Three Hundred Million Dollars 10538
($300,000,000.00) from private or United States government sources 10539
together with all buildings, and other supporting land and 10540
facilities, structures or improvements of whatever kind required 10541
or useful for construction, maintenance and operation of the 10542
enterprise; or with an initial capital investment of not less than 10543
One Hundred Fifty Million Dollars ($150,000,000.00) from private 10544
or United States government sources together with all buildings 10545
and other supporting land and facilities, structures or 10546
improvements of whatever kind required or useful for construction, 10547
maintenance and operation of the enterprise and which creates at 10548
least one thousand (1,000) net new full-time jobs; or which 10549
creates at least one thousand (1,000) net new full-time jobs which 10550
provides an average salary, excluding benefits which are not 10551
subject to Mississippi income taxation, of at least one hundred 10552
twenty-five percent (125%) of the most recently published average 10553
annual wage of the state as determined by the Mississippi 10554
Department of Employment Security. "Project" shall include any 10555
addition to or expansion of an existing enterprise if such 10556
addition or expansion has an initial capital investment of not 10557
less than Three Hundred Million Dollars ($300,000,000.00) from 10558
private or United States government sources, or has an initial 10559
capital investment of not less than One Hundred Fifty Million 10560
Dollars ($150,000,000.00) from private or United States government 10561
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sources together with all buildings and other supporting land and 10562
facilities, structures or improvements of whatever kind required 10563
or useful for construction, maintenance and operation of the 10564
enterprise and which creates at least one thousand (1,000) net new 10565
full-time jobs; or which creates at least one thousand (1,000) net 10566
new full-time jobs which provides an average salary, excluding 10567
benefits which are not subject to Mississippi income taxation, of 10568
at least one hundred twenty-five percent (125%) of the most 10569
recently published average annual wage of the state as determined 10570
by the Mississippi Department of Employment Security. "Project" 10571
shall also include any ancillary development or business resulting 10572
from the enterprise, of which the authority is notified, within 10573
three (3) years from the date that the enterprise entered into 10574
commercial production, that the project area has been selected as 10575
the site for the ancillary development or business. 10576
(ii) 1. Any major capital project designed to 10577
improve, expand or otherwise enhance any active duty or reserve 10578
United States armed services bases and facilities or any major 10579
Mississippi National Guard training installations, their support 10580
areas or their military operations, upon designation by the 10581
authority that any such base was or is at risk to be recommended 10582
for closure or realignment pursuant to the Defense Base Closure 10583
and Realignment Act of 1990, as amended, or other applicable 10584
federal law; or any major development project determined by the 10585
authority to be necessary to acquire or improve base properties 10586
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and to provide employment opportunities through construction of 10587
projects as defined in Section 57-3-5, which shall be located on 10588
or provide direct support service or access to such military 10589
installation property in the event of closure or reduction of 10590
military operations at the installation. 10591
2. Any major study or investigation related 10592
to such a facility, installation or base, upon a determination by 10593
the authority that the study or investigation is critical to the 10594
expansion, retention or reuse of the facility, installation or 10595
base. 10596
3. Any project as defined in Section 57-3-5, 10597
any business or enterprise determined to be in the furtherance of 10598
the public purposes of this act as determined by the authority or 10599
any facility related to such project each of which shall be, 10600
directly or indirectly, related to any military base or other 10601
military-related facility no longer operated by the United States 10602
armed services or the Mississippi National Guard. 10603
(iii) Any enterprise to be maintained, improved or 10604
constructed in Tishomingo County by or for a National Aeronautics 10605
and Space Administration facility in such county. 10606
(iv) 1. Any major capital project with an initial 10607
capital investment from private sources of not less than Seven 10608
Hundred Fifty Million Dollars ($750,000,000.00) which will create 10609
at least three thousand (3,000) jobs meeting criteria established 10610
by the Mississippi Development Authority. 10611
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2. "Project" shall also include any ancillary 10612
development or business resulting from an enterprise operating a 10613
project as defined in item 1 of this paragraph (f)(iv), of which 10614
the authority is notified, within three (3) years from the date 10615
that the enterprise entered into commercial production, that the 10616
state has been selected as the site for the ancillary development 10617
or business. 10618
(v) Any manufacturing, processing or industrial 10619
project determined by the authority, in its sole discretion, to 10620
contribute uniquely and significantly to the economic growth and 10621
development of the state, and which meets the following criteria: 10622
1. The project shall create at least two 10623
thousand (2,000) net new full-time jobs meeting criteria 10624
established by the authority, which criteria shall include, but 10625
not be limited to, the requirement that such jobs must be held by 10626
persons eligible for employment in the United States under 10627
applicable state and federal law. 10628
2. The project and any facility related to 10629
the project shall include a total investment from private sources 10630
of not less than Sixty Million Dollars ($60,000,000.00), or from 10631
any combination of sources of not less than Eighty Million Dollars 10632
($80,000,000.00). 10633
(vi) Any real property owned or controlled by the 10634
National Aeronautics and Space Administration, the United States 10635
government, or any agency thereof, which is legally conveyed to 10636
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the State of Mississippi or to the State of Mississippi for the 10637
benefit of the Mississippi Major Economic Impact Authority, its 10638
successors and assigns pursuant to Section 212 of Public Law 10639
104-99, enacted January 26, 1996 (110 Stat. 26 at 38). 10640
(vii) Any major capital project related to the 10641
establishment, improvement, expansion and/or other enhancement of 10642
any active duty military installation and having a minimum capital 10643
investment from any source or combination of sources other than 10644
the State of Mississippi of at least Forty Million Dollars 10645
($40,000,000.00), and which will create at least four hundred 10646
(400) military installation related full-time jobs, which jobs may 10647
be military jobs, civilian jobs or a combination of military and 10648
civilian jobs. The authority shall require that binding 10649
commitments be entered into requiring that the minimum 10650
requirements for the project provided for in this subparagraph 10651
shall be met not later than July 1, 2008. 10652
(viii) Any major capital project with an initial 10653
capital investment from any source or combination of sources of 10654
not less than Ten Million Dollars ($10,000,000.00) which will 10655
create at least eighty (80) full-time jobs which provide an 10656
average annual salary, excluding benefits which are not subject to 10657
Mississippi income taxes, of at least one hundred thirty-five 10658
percent (135%) of the most recently published average annual wage 10659
of the state or the most recently published average annual wage of 10660
the county in which the project is located as determined by the 10661
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Mississippi Department of Employment Security, whichever is the 10662
lesser. The authority shall require that binding commitments be 10663
entered into requiring that: 10664
1. The minimum requirements for the project 10665
provided for in this subparagraph shall be met; and 10666
2. That if such commitments are not met, all 10667
or a portion of the funds provided by the state for the project as 10668
determined by the authority shall be repaid. 10669
(ix) Any regional retail shopping mall with an 10670
initial capital investment from private sources in excess of One 10671
Hundred Fifty Million Dollars ($150,000,000.00), with a square 10672
footage in excess of eight hundred thousand (800,000) square feet, 10673
which will create at least seven hundred (700) full-time jobs with 10674
an average hourly wage of Eleven Dollars ($11.00) per hour. The 10675
authority shall require that binding commitments be entered into 10676
requiring that: 10677
1. The minimum requirements for the project 10678
provided for in this subparagraph shall be met; and 10679
2. That if such commitments are not met, all 10680
or a portion of the funds provided by the state for the project as 10681
determined by the authority shall be repaid. 10682
(x) Any major capital project with an initial 10683
capital investment from any source or combination of sources of 10684
not less than Seventy-five Million Dollars ($75,000,000.00) which 10685
will create at least one hundred twenty-five (125) full-time jobs 10686
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which provide an average annual salary, excluding benefits which 10687
are not subject to Mississippi income taxes, of at least one 10688
hundred thirty-five percent (135%) of the most recently published 10689
average annual wage of the state or the most recently published 10690
average annual wage of the county in which the project is located 10691
as determined by the Mississippi Department of Employment 10692
Security, whichever is the greater. The authority shall require 10693
that binding commitments be entered into requiring that: 10694
1. The minimum requirements for the project 10695
provided for in this subparagraph shall be met; and 10696
2. That if such commitments are not met, all 10697
or a portion of the funds provided by the state for the project as 10698
determined by the authority shall be repaid. 10699
(xi) Any potential major capital project that the 10700
authority has determined is feasible to recruit. 10701
(xii) Any project built according to the 10702
specifications and federal provisions set forth by the National 10703
Aeronautics and Space Administration Center Operations Directorate 10704
at Stennis Space Center for the purpose of consolidating common 10705
services from National Aeronautics and Space Administration 10706
centers in human resources, procurement, financial management and 10707
information technology located on land owned or controlled by the 10708
National Aeronautics and Space Administration, which will create 10709
at least four hundred seventy (470) full-time jobs. 10710
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(xiii) Any major capital project with an initial 10711
capital investment from any source or combination of sources of 10712
not less than Ten Million Dollars ($10,000,000.00) which will 10713
create at least two hundred fifty (250) full-time jobs. The 10714
authority shall require that binding commitments be entered into 10715
requiring that: 10716
1. The minimum requirements for the project 10717
provided for in this subparagraph shall be met; and 10718
2. That if such commitments are not met, all 10719
or a portion of the funds provided by the state for the project as 10720
determined by the authority shall be repaid. 10721
(xiv) Any major pharmaceutical facility with a 10722
capital investment of not less than Fifty Million Dollars 10723
($50,000,000.00) made after July 1, 2002, through four (4) years 10724
after the initial date of any loan or grant made by the authority 10725
for such project, which will maintain at least seven hundred fifty 10726
(750) full-time employees. The authority shall require that 10727
binding commitments be entered into requiring that: 10728
1. The minimum requirements for the project 10729
provided for in this subparagraph shall be met; and 10730
2. That if such commitments are not met, all 10731
or a portion of the funds provided by the state for the project as 10732
determined by the authority shall be repaid. 10733
(xv) Any pharmaceutical manufacturing, packaging 10734
and distribution facility with an initial capital investment from 10735
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any local or federal sources of not less than Five Hundred 10736
Thousand Dollars ($500,000.00) which will create at least ninety 10737
(90) full-time jobs. The authority shall require that binding 10738
commitments be entered into requiring that: 10739
1. The minimum requirements for the project 10740
provided for in this subparagraph shall be met; and 10741
2. That if such commitments are not met, all 10742
or a portion of the funds provided by the state for the project as 10743
determined by the authority shall be repaid. 10744
(xvi) Any major industrial wood processing 10745
facility with an initial capital investment of not less than One 10746
Hundred Million Dollars ($100,000,000.00) which will create at 10747
least one hundred twenty-five (125) full-time jobs which provide 10748
an average annual salary, excluding benefits which are not subject 10749
to Mississippi income taxes, of at least Thirty Thousand Dollars 10750
($30,000.00). The authority shall require that binding 10751
commitments be entered into requiring that: 10752
1. The minimum requirements for the project 10753
provided for in this subparagraph shall be met; and 10754
2. That if such commitments are not met, all 10755
or a portion of the funds provided by the state for the project as 10756
determined by the authority shall be repaid. 10757
(xvii) Any technical, engineering, 10758
manufacturing-logistic service provider with an initial capital 10759
investment of not less than One Million Dollars ($1,000,000.00) 10760
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which will create at least ninety (90) full-time jobs. The 10761
authority shall require that binding commitments be entered into 10762
requiring that: 10763
1. The minimum requirements for the project 10764
provided for in this subparagraph shall be met; and 10765
2. That if such commitments are not met, all 10766
or a portion of the funds provided by the state for the project as 10767
determined by the authority shall be repaid. 10768
(xviii) Any major capital project with an initial 10769
capital investment from any source or combination of sources other 10770
than the State of Mississippi of not less than Six Hundred Million 10771
Dollars ($600,000,000.00) which will create at least four hundred 10772
fifty (450) full-time jobs with an average annual salary, 10773
excluding benefits which are not subject to Mississippi income 10774
taxes, of at least Seventy Thousand Dollars ($70,000.00). The 10775
authority shall require that binding commitments be entered into 10776
requiring that: 10777
1. The minimum requirements for the project 10778
provided for in this subparagraph shall be met; and 10779
2. That if such commitments are not met, all 10780
or a portion of the funds provided by the state for the project as 10781
determined by the authority shall be repaid. 10782
(xix) Any major coal and/or petroleum coke 10783
gasification project with an initial capital investment from any 10784
source or combination of sources other than the State of 10785
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Mississippi of not less than Eight Hundred Million Dollars 10786
($800,000,000.00), which will create at least two hundred (200) 10787
full-time jobs with an average annual salary, excluding benefits 10788
which are not subject to Mississippi income taxes, of at least 10789
Forty-five Thousand Dollars ($45,000.00). The authority shall 10790
require that binding commitments be entered into requiring that: 10791
1. The minimum requirements for the project 10792
provided for in this subparagraph shall be met; and 10793
2. That if such commitments are not met, all 10794
or a portion of the funds provided by the state for the project as 10795
determined by the authority shall be repaid. 10796
(xx) Any planned mixed use development located on 10797
not less than four thousand (4,000) acres of land that will 10798
consist of commercial, recreational, resort, tourism and 10799
residential development with a capital investment from private 10800
sources of not less than Four Hundred Seventy-five Million Dollars 10801
($475,000,000.00) in the aggregate in any one (1) or any 10802
combination of tourism projects that will create at least three 10803
thousand five hundred (3,500) jobs in the aggregate. For the 10804
purposes of this paragraph (f)(xx), the term "tourism project" 10805
means and has the same definition as that term has in Section 10806
57-28-1. In order to meet the minimum capital investment required 10807
under this paragraph (f)(xx), at least Two Hundred Thirty-seven 10808
Million Five Hundred Thousand Dollars ($237,500,000.00) of such 10809
investment must be made not later than June 1, 2015, and the 10810
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remainder of the minimum capital investment must be made not later 10811
than June 1, 2017. In order to meet the minimum number of jobs 10812
required to be created under this paragraph (f)(xx), at least one 10813
thousand seven hundred fifty (1,750) of such jobs must be created 10814
not later than June 1, 2015, and the remainder of the jobs must be 10815
created not later than June 1, 2017. The authority shall require 10816
that binding commitments be entered into requiring that: 10817
1. The minimum requirements for the project 10818
provided for in this subparagraph shall be met; and 10819
2. That if such commitments are not met, all 10820
or a portion of the funds provided by the state for the project as 10821
determined by the authority shall be repaid. 10822
(xxi) Any enterprise owning or operating an 10823
automotive manufacturing and assembly plant and its affiliates for 10824
which construction begins after March 2, 2007, and not later than 10825
December 1, 2007, with an initial capital investment from private 10826
sources of not less than Five Hundred Million Dollars 10827
($500,000,000.00) which will create at least one thousand five 10828
hundred (1,500) jobs meeting criteria established by the 10829
authority, which criteria shall include, but not be limited to, 10830
the requirement that such jobs must be held by persons eligible 10831
for employment in the United States under applicable state and 10832
federal law. The authority shall require that binding commitments 10833
be entered into requiring that: 10834
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1. The minimum requirements for the project 10835
provided for in this subparagraph shall be met; and 10836
2. That if such commitments are not met, all 10837
or a portion of the funds provided by the state for the project as 10838
determined by the authority shall be repaid. 10839
(xxii) Any enterprise owning or operating a major 10840
powertrain component manufacturing and assembly plant for which 10841
construction begins after May 11, 2007, and not later than 10842
December 1, 2007, with an initial capital investment from private 10843
sources of not less than Three Hundred Million Dollars 10844
($300,000,000.00) which will create at least five hundred (500) 10845
new full-time jobs meeting criteria established by the authority, 10846
which criteria shall include, but not be limited to, the 10847
requirement that such jobs must be held by persons eligible for 10848
employment in the United States under applicable state and federal 10849
law, and the requirement that the average annual wages and taxable 10850
benefits of such jobs shall be at least one hundred twenty-five 10851
percent (125%) of the most recently published average annual wage 10852
of the state or the most recently published average annual wage of 10853
the county in which the project is located as determined by the 10854
Mississippi Department of Employment Security, whichever is the 10855
lesser. The authority shall require that binding commitments be 10856
entered into requiring that: 10857
1. The minimum requirements for the project 10858
provided for in this subparagraph shall be met; and 10859
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2. That if such commitments are not met, all 10860
or a portion of the funds provided by the state for the project as 10861
determined by the authority shall be repaid. 10862
(xxiii) Any biological and agricultural defense 10863
project operated by an agency of the government of the United 10864
States with an initial capital investment of not less than Four 10865
Hundred Fifty Million Dollars ($450,000,000.00) from any source 10866
other than the State of Mississippi and its subdivisions, which 10867
will create at least two hundred fifty (250) new full-time jobs. 10868
All jobs created by the project must be held by persons eligible 10869
for employment in the United States under applicable state and 10870
federal law. 10871
(xxiv) Any enterprise owning or operating an 10872
existing tire manufacturing plant which adds to such plant capital 10873
assets of not less than Twenty-five Million Dollars 10874
($25,000,000.00) after January 1, 2009, and that maintains at 10875
least one thousand two hundred (1,200) full-time jobs in this 10876
state at one (1) location with an average annual salary, excluding 10877
benefits which are not subject to Mississippi income taxes, of at 10878
least Forty-five Thousand Dollars ($45,000.00). The authority 10879
shall require that binding commitments be entered into requiring 10880
that: 10881
1. The minimum requirements for the project 10882
provided for in this subparagraph shall be met; and 10883
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2. That if such commitments are not met, all 10884
or a portion of the funds provided by the state for the project as 10885
determined by the authority shall be repaid. 10886
(xxv) Any enterprise owning or operating a 10887
facility for the manufacture of composite components for the 10888
aerospace industry which will have an investment from private 10889
sources of not less than One Hundred Seventy-five Million Dollars 10890
($175,000,000.00) by not later than December 31, 2015, and which 10891
will result in the full-time employment at the project site of not 10892
less than two hundred seventy-five (275) persons by December 31, 10893
2011, and not less than four hundred twenty-five (425) persons by 10894
December 31, 2013, and not less than eight hundred (800) persons 10895
by December 31, 2017, all with an average annual compensation, 10896
excluding benefits which are not subject to Mississippi income 10897
taxes, of at least Fifty-three Thousand Dollars ($53,000.00). The 10898
authority shall require that binding commitments be entered into 10899
requiring that: 10900
1. The minimum requirements for the project 10901
provided for in this subparagraph shall be met; and 10902
2. That if such commitments are not met, all 10903
or a portion of the funds provided by the state for the project as 10904
determined by the authority shall be repaid. 10905
(xxvi) Any enterprise owning or operating a 10906
facility for the manufacture of pipe which will have an investment 10907
from any source other than the State of Mississippi and its 10908
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subdivisions of not less than Three Hundred Million Dollars 10909
($300,000,000.00) by not later than December 31, 2015, and which 10910
will create at least five hundred (500) new full-time jobs within 10911
five (5) years after the start of commercial production and 10912
maintain such jobs for at least ten (10) years, all with an 10913
average annual compensation, excluding benefits which are not 10914
subject to Mississippi income taxes, of at least Thirty-two 10915
Thousand Dollars ($32,000.00). The authority shall require that 10916
binding commitments be entered into requiring that: 10917
1. The minimum requirements for the project 10918
provided for in this subparagraph shall be met; and 10919
2. That if such commitments are not met, all 10920
or a portion of the funds provided by the state for the project as 10921
determined by the authority shall be repaid. 10922
(xxvii) Any enterprise owning or operating a 10923
facility for the manufacture of solar panels which will have an 10924
investment from any source other than the State of Mississippi and 10925
its subdivisions of not less than One Hundred Thirty-two Million 10926
Dollars ($132,000,000.00) by not later than December 31, 2015, and 10927
which will create at least five hundred (500) new full-time jobs 10928
within five (5) years after the start of commercial production and 10929
maintain such jobs for at least ten (10) years, all with an 10930
average annual compensation, excluding benefits which are not 10931
subject to Mississippi income taxes, of at least Thirty-four 10932
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Thousand Dollars ($34,000.00). The authority shall require that 10933
binding commitments be entered into requiring that: 10934
1. The minimum requirements for the project 10935
provided for in this subparagraph shall be met; and 10936
2. That if such commitments are not met, all 10937
or a portion of the funds provided by the state for the project as 10938
determined by the authority shall be repaid. 10939
(xxviii) 1. Any enterprise owning or operating an 10940
automotive parts manufacturing plant and its affiliates for which 10941
construction begins after June 1, 2013, and not later than June 10942
30, 2014, with an initial capital investment of not less than 10943
Three Hundred Million Dollars ($300,000,000.00) which will create 10944
at least five hundred (500) new full-time jobs meeting criteria 10945
established by the authority, which criteria shall include, but 10946
not be limited to, the requirement that such jobs must be held by 10947
persons eligible for employment in the United States under 10948
applicable state and federal law, and the requirement that the 10949
average annual wages and taxable benefits of such jobs shall be at 10950
least one hundred ten percent (110%) of the most recently 10951
published average annual wage of the state or the most recently 10952
published average annual wage of the county in which the project 10953
is located as determined by the Mississippi Department of 10954
Employment Security, whichever is the lesser. The authority shall 10955
require that binding commitments be entered into requiring that: 10956
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a. The minimum requirements for the 10957
project provided for in this subparagraph shall be met; and 10958
b. That if such commitments are not met, 10959
all or a portion of the funds provided by the state for the 10960
project as determined by the authority shall be repaid. 10961
2. It is anticipated that the project defined 10962
in this subparagraph (xxviii) will expand in three (3) additional 10963
phases, will create an additional five hundred (500) full-time 10964
jobs meeting the above criteria in each phase, and will invest an 10965
additional Three Hundred Million Dollars ($300,000,000.00) per 10966
phase. 10967
(xxix) Any enterprise engaged in the manufacture 10968
of tires or other related rubber or automotive products for which 10969
construction of a plant begins after January 1, 2016, and is 10970
substantially completed no later than December 31, 2022, and for 10971
which such enterprise commits to an aggregate capital investment 10972
by such enterprise and its affiliates of not less than One Billion 10973
Four Hundred Fifty Million Dollars ($1,450,000,000.00) and the 10974
creation thereby of at least two thousand five hundred (2,500) new 10975
full-time jobs meeting criteria established by the authority, 10976
which criteria shall include, but not be limited to, the 10977
requirement that such jobs must be held by persons eligible for 10978
employment in the United States under applicable state and federal 10979
law, and the requirement that the average annual salary or wage, 10980
excluding the value of any benefits which are not subject to 10981
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Mississippi income tax, of such jobs shall be at least Forty 10982
Thousand Dollars ($40,000.00). The authority shall require that 10983
binding commitments be entered into requiring that: 10984
1. Minimum requirements for investment and 10985
jobs for the project shall be met; and 10986
2. If such requirements are not met, all or a 10987
portion of the funds provided by the state for the project may, as 10988
determined by the authority, be subject to repayment by such 10989
enterprise and/or its affiliates, together with any penalties or 10990
damages required by the authority in connection therewith. 10991
(xxx) Any enterprise owning or operating a 10992
maritime fabrication and assembly facility for which construction 10993
begins after February 1, 2016, and concludes not later than 10994
December 31, 2018, with an initial capital investment in land, 10995
buildings and equipment not less than Sixty-eight Million Dollars 10996
($68,000,000.00) and will create not less than one thousand 10997
(1,000) new full-time jobs meeting criteria established by the 10998
authority, which criteria shall include, but not be limited to, 10999
the requirement that such jobs must be held by persons eligible 11000
for employment in the United States under applicable state and 11001
federal law, and the requirement that the average annual 11002
compensation, excluding benefits which are not subject to 11003
Mississippi income taxes, of at least Forty Thousand Dollars 11004
($40,000.00). The authority shall require that binding 11005
commitments be entered into requiring that: 11006
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1. The minimum requirements for the project 11007
provided for in this subparagraph shall be met; and 11008
2. If such commitments are not met, all or a 11009
portion of the funds provided by the state for the project may, as 11010
determined by the authority, be subject to repayment by such 11011
enterprise, together with any penalties or damages required by the 11012
authority in connection therewith. 11013
(xxxi) Each of the projects defined in this 11014
paragraph (f)(xxxi)1 and 2 that are undertaken by affiliated 11015
enterprises, together with any or all of the projects defined in 11016
this paragraph (f)(xxxi)3 and/or 4 if they are undertaken by the 11017
same or other enterprises affiliated with those enterprises that 11018
undertake projects defined in this paragraph (f)(xxxi)1 and 2: 11019
1. An enterprise engaged in the manufacturing 11020
and production of recycled flat-rolled aluminum or related 11021
products for which construction of a recycled aluminum flat-rolled 11022
mill begins after January 1, 2023, and is substantially completed 11023
no later than December 31, 2026; and 11024
2. An enterprise engaged in the manufacturing 11025
and production of biocarbon from biomass for which construction of 11026
the biocarbon manufacturing facility begins after December 1, 11027
2022, and is substantially completed no later than December 31, 11028
2026; provided that such series of projects may additionally, but 11029
shall not be required to, include: 11030
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3. Any other affiliated enterprise that 11031
undertakes the development and operation of a new industrial or 11032
commercial facility in the state, excluding any area or areas 11033
designated by the authority in a written agreement between such 11034
enterprise or any affiliate thereof, for which the construction of 11035
any such facility begins after January 1, 2023, and is 11036
substantially completed no later than December 31, 2029; and/or 11037
4. An enterprise engaged in the development 11038
and operation of port activities (e.g., the loading and unloading 11039
of barges, rail cars and trucks, the storage and handling of 11040
materials, and other port-related operations) in support of all or 11041
any of the enterprises enumerated in this paragraph (f)(xxxi)1, 2 11042
and 3, or otherwise in support of an existing electric arc furnace 11043
steel mill producing flat-rolled steel and related products; and 11044
for which the parent enterprise of such affiliated enterprises 11045
enumerated in this paragraph (f)(xxxi)1, 2, 3 and/or 4 commits to 11046
an aggregate, collective capital investment by one or more or any 11047
combination of such enterprises and their affiliates, as well as 11048
by any co-located customers, of not less than Two Billion Five 11049
Hundred Million Dollars ($2,500,000,000.00) and the creation 11050
thereby of at least one thousand (1,000) new full-time jobs 11051
meeting criteria established by the authority, which criteria 11052
shall include, but not be limited to, the requirement that such 11053
jobs must be held by persons eligible for employment in the United 11054
States under applicable state and federal law, and the requirement 11055
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that the average annual salary or wage, excluding the value of any 11056
benefits which are not subject to Mississippi income tax, of such 11057
jobs shall be at least Ninety-three Thousand Dollars ($93,000.00). 11058
The authority shall require that binding commitments be entered 11059
into requiring that: 11060
a. Minimum requirements for investment 11061
and jobs for such affiliated projects shall be met; and 11062
b. If such requirements are not 11063
collectively met, all or a portion of the funds provided by the 11064
state for such affiliated projects may, as determined by the 11065
authority, be subject to repayment by such enterprises and/or 11066
their affiliates, together with any penalties or damages required 11067
by the authority in connection therewith. 11068
For purposes of this paragraph (f)(xxxi), A. a co-located 11069
customer shall mean a person who locates and operates any new 11070
manufacturing, processing, warehousing and/or distribution 11071
facility within the project area for the project defined in this 11072
paragraph (f)(xxxi)1 and utilizes, directly or indirectly, in its 11073
operations any aluminum or related products produced by such 11074
project, and B. an affiliated enterprise or an affiliate means a 11075
related business entity which shares a common direct or indirect 11076
ownership with the enterprise owning or operating a project as 11077
defined in this paragraph (f)(xxxi)1, 2, 3 or 4. References in 11078
the act to a project, as defined by this paragraph (f)(xxxi) shall 11079
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mean any one of, any combination or all of the projects as defined 11080
in this paragraph (f)(xxxi)1, 2, 3 or 4. 11081
(xxxii) Any enterprise engaged in the manufacture 11082
and assembly of battery cells for electric commercial vehicles and 11083
industrial applications, for which construction of a manufacturing 11084
and assembly plant begins after January 1, 2024, and the 11085
manufacturing and assembly of battery cells thereby commences on 11086
or prior to December 31, 2029, and for which such enterprise 11087
commits to an aggregate, collective capital investment by such 11088
enterprise, one or more affiliates of such enterprise or any 11089
combination of such enterprise and its affiliates, of not less 11090
than One Billion Nine Hundred Million Dollars ($1,900,000,000.00) 11091
and the creation by such enterprise, one or more affiliates of 11092
such enterprise or any combination of such enterprise and its 11093
affiliates, as well as by any other co-located project 11094
participant, of at least two thousand (2,000) new full-time jobs 11095
meeting criteria established by the authority, which criteria 11096
shall include, but not be limited to, the requirement that such 11097
jobs must be held by persons eligible for employment in the United 11098
States under applicable state and federal law, and the requirement 11099
that the average annual salary or wage, excluding the value of any 11100
benefits which are not subject to Mississippi income tax prior to 11101
January 1, 2024, of such jobs shall be at least Sixty-five 11102
Thousand Five Hundred Sixty-four Dollars ($65,564.00). The 11103
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authority shall require that binding commitments be entered into 11104
requiring that: 11105
1. Minimum requirements for investment and 11106
jobs for such affiliated projects shall be met; and 11107
2. If such requirements are not collectively 11108
met, all or a portion of the funds provided by the state for such 11109
project may, as determined by the authority, be subject to 11110
repayment by such enterprise and/or its affiliates, together with 11111
any penalties or damages required by the authority in connection 11112
therewith. 11113
For purposes of this paragraph (f)(xxxii), a co-located 11114
project participant shall mean a person or business entity that, 11115
pursuant to one or more contracts with an enterprise owning or 11116
operating a project as defined in this paragraph (f)(xxxii) or an 11117
affiliate thereof, performs within the project area one or more of 11118
the following: a. storage, handling and processing services for 11119
raw materials, work in process and/or finished goods inventories; 11120
b. maintenance, operation and/or other servicing of equipment and 11121
machinery used in the project; c. management of real and tangible 11122
personal property used in the project; d. any manufacturing, 11123
processing or assembly work, in each instance with respect to the 11124
manufacturing and/or assembly of battery cells for electric 11125
commercial vehicles or industrial applications manufactured or 11126
otherwise assembled within the project area by such enterprise or 11127
an affiliate thereof; or e. the supply to such enterprise or any 11128
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affiliate thereof of any components, parts or materials of any 11129
battery cells for electric commercial vehicles or industrial 11130
applications manufactured or otherwise assembled within the 11131
project area by such enterprise or any affiliate thereof. 11132
(xxxiii) Any enterprise engaged in data 11133
processing, for which construction of a data processing facility 11134
or facilities begins after January 1, 2024, the processing of data 11135
by at least one (1) data processing facility commences on or prior 11136
to December 31, 2027, and for which such enterprise commits to an 11137
aggregate, collective capital investment by such enterprise, one 11138
or more affiliates of such enterprise or any combination of such 11139
enterprise and its affiliates, of not less than Ten Billion 11140
Dollars ($10,000,000,000.00) and the creation by such enterprise, 11141
one or more affiliates or contractors of such enterprise or any 11142
combination of such enterprises and its affiliates, as well as by 11143
any other co-located project participant, of at least one thousand 11144
(1,000) new full-time jobs meeting criteria established by the 11145
authority, which criteria shall include, but not be limited to, 11146
the requirement that such jobs must be held by persons eligible 11147
for employment in the United States under applicable state and 11148
federal law, and the requirement that the average annual salary or 11149
wage, excluding the value of any benefits which are not subject to 11150
Mississippi income tax prior to January 1, 2024, of such jobs 11151
shall be at least one hundred twenty-five percent (125%) of the 11152
published average annual wage of the state as determined by the 11153
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Mississippi Department of Employment Security. The authority 11154
shall require that binding commitments be entered into requiring 11155
that: 11156
1. Minimum requirements for investment and 11157
jobs for such affiliated projects shall be met; and 11158
2. If such requirements are not collectively 11159
met, all or a portion of the funds provided by the state for such 11160
project may, as determined by the authority, be subject to 11161
repayment by such enterprise and/or its affiliates, together with 11162
any penalties or damages required by the authority in connection 11163
therewith. 11164
For purposes of this paragraph (f)(xxxiii), a co-located 11165
project participant shall mean a person or business entity that, 11166
pursuant to one or more contracts with an enterprise owning or 11167
operating a project as defined in this paragraph (f)(xxxiii) or an 11168
affiliate thereof, performs within the project area one or more of 11169
the following: a. maintenance, operation and/or other servicing 11170
of equipment and machinery used in the project; b. management of 11171
real and tangible personal property used in the project; or c. the 11172
supply to such enterprise or any affiliate thereof of any 11173
components, parts or services within the project area by such 11174
enterprise or any affiliate thereof. 11175
For purposes of this paragraph (f)(xxxiii), "project" shall 11176
include the construction of additional data processing facilities 11177
or the expansion of existing data processing facilities within the 11178
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state by the enterprise, one or more affiliates of such 11179
enterprise, or any combination of such enterprise and its 11180
affiliates, if such construction or expansion has a minimum 11181
capital investment of Five Hundred Million Dollars 11182
($500,000,000.00) and creates at least fifty (50) net new 11183
full-time jobs and written notice thereof is provided to the 11184
authority. 11185
(g) (i) "Project area" means the project site, 11186
together with any area or territory within the state lying within 11187
sixty-five (65) miles of any portion of the project site whether 11188
or not such area or territory be contiguous; however, for the 11189
project defined in paragraph (f)(iv) and (xxxiii) of this section 11190
the term "project area" means any area or territory within the 11191
state. The project area shall also include all territory within a 11192
county if any portion of such county lies within sixty-five (65) 11193
miles of any portion of the project site. "Project site" means 11194
the real property on which the principal facilities of the 11195
enterprise will operate; however, for the project defined in 11196
paragraph (f)(xxxiii) of this section, the term "project site" 11197
means any area or territory within the state upon which an 11198
enterprise constructs one or more data processing facilities. The 11199
provisions of this subparagraph (i) shall not apply to a project 11200
as defined in paragraph (f)(xxi) of this section. 11201
(ii) For the purposes of a project as defined in 11202
paragraph (f)(xxi) of this section, the term "project area" means 11203
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the acreage authorized in the certificate of convenience and 11204
necessity issued by the Mississippi Development Authority to a 11205
regional economic development alliance under Section 57-64-1 et 11206
seq. 11207
(iii) For the purposes of a project as defined in 11208
either paragraph (f)(xxxi)1 or paragraph (f)(xxxii) of this 11209
section, the term "project area" means the acreage specified by 11210
the authority in written agreement with the enterprise undertaking 11211
such project and/or an affiliate thereof. 11212
(h) "Public agency" means: 11213
(i) Any department, board, commission, institution 11214
or other agency or instrumentality of the state; 11215
(ii) Any city, town, county, political 11216
subdivision, school district or other district created or existing 11217
under the laws of the state or any public agency of any such city, 11218
town, county, political subdivision or district or any other 11219
public entity created or existing under local and private 11220
legislation; 11221
(iii) Any department, commission, agency or 11222
instrumentality of the United States of America; and 11223
(iv) Any other state of the United States of 11224
America which may be cooperating with respect to location of the 11225
project within the state, or any agency thereof. 11226
(i) "State" means State of Mississippi. 11227
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(j) "Fee-in-lieu" means a negotiated fee to be paid by 11228
the project in lieu of any franchise taxes imposed on the project 11229
by Chapter 13, Title 27, Mississippi Code of 1972. The 11230
fee-in-lieu shall not be less than Twenty-five Thousand Dollars 11231
($25,000.00) annually. A fee-in-lieu may be negotiated with an 11232
enterprise operating an existing project defined in paragraph 11233
(f)(iv)1 of this section; however, a fee-in-lieu shall not be 11234
negotiated for other existing enterprises that fall within the 11235
definition of the term "project." 11236
(k) (i) "Affiliate" means a subsidiary or related 11237
business entity which shares a common direct or indirect ownership 11238
with the enterprise owning or operating a project as defined in 11239
paragraph (f)(xxi), paragraph (f)(xxviii) or paragraph (f)(xxix) 11240
of this section. The subsidiary or related business must provide 11241
services directly related to the core activities of the project. 11242
(ii) For the purposes of a project as defined in 11243
paragraph (f)(xxxi) of this section, an "affiliated enterprise" or 11244
an "affiliate" means a related business entity which shares a 11245
common direct or indirect ownership with the enterprise owning or 11246
operating a project as defined in paragraph (f)(xxxi)1, 2, 3 or 4 11247
of this section. 11248
(iii) For the purposes of a project as defined in 11249
paragraph (f)(xxxii) of this section, an "affiliated enterprise" 11250
or an "affiliate" means a related business entity which shares a 11251
common direct or indirect ownership with the enterprise owning or 11252
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operating a project as defined in paragraph (f)(xxxii) of this 11253
section. 11254
(iv) For the purposes of a project as defined in 11255
paragraph (f)(xxxiii) of this section, an "affiliated enterprise" 11256
or an "affiliate" means a related business entity which shares a 11257
common direct or indirect ownership with the enterprise owning or 11258
operating a project as defined in paragraph (f)(xxxiii) of this 11259
section; provided, any such related business entity may be 11260
excluded from this definition pursuant to the terms of a written 11261
agreement between the authority and the enterprise owning or 11262
operating a project as defined in paragraph (f)(xxxiii) of this 11263
section. 11264
(l) "Tier One supplier" means a supplier of a project 11265
as defined in paragraph (f)(xxi) of this section that is certified 11266
by the enterprise owning the project and creates a minimum of 11267
fifty (50) new full-time jobs. 11268
SECTION 195. Section 57-75-7, Mississippi Code of 1972, is 11269
brought forward as follows: 11270
57-75-7. (1) There is created within the Department of 11271
Economic Development a division to be known as the "Mississippi 11272
Major Economic Impact Authority" for the performance of essential 11273
public functions. The Executive Director of the Department of 11274
Economic Development or his designee shall be the director of the 11275
authority. 11276
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(2) The director shall administer, manage and direct the 11277
affairs and business of the authority. 11278
SECTION 196. Section 57-75-9, Mississippi Code of 1972, is 11279
brought forward as follows: 11280
57-75-9. (1) The authority is hereby designated and 11281
empowered to act on behalf of the state in submitting a siting 11282
proposal for any project eligible for assistance under this act. 11283
The authority is empowered to take all steps appropriate or 11284
necessary to effect the siting, development, and operation of the 11285
project within the state, including the negotiation of a 11286
fee-in-lieu. If the state is selected as the preferred site for 11287
the project, the authority is hereby designated and empowered to 11288
act on behalf of the state and to represent the state in the 11289
planning, financing, development, construction and operation of 11290
the project or any facility related to the project, with the 11291
concurrence of the affected public agency. The authority may take 11292
affirmative steps to coordinate fully all aspects of the 11293
submission of a siting proposal for the project and, if the state 11294
is selected as the preferred site, to coordinate fully, with the 11295
concurrence of the affected public agency, the development of the 11296
project or any facility related to the project with private 11297
business, the United States government and other public agencies. 11298
All public agencies are encouraged to cooperate to the fullest 11299
extent possible to effectuate the duties of the authority; 11300
however, the development of the project or any facility related to 11301
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the project by the authority may be done only with the concurrence 11302
of the affected public agency. 11303
(2) (a) Contracts, by the authority or a public agency, 11304
including, but not limited to, design and construction contracts, 11305
for the acquisition, purchase, construction or installation of a 11306
project defined in Section 57-75-5(f)(iv)1 or any facility related 11307
to the project shall be exempt from the provisions of Section 11308
31-7-13 if: 11309
(i) The authority finds and records such finding 11310
on its minutes, that because of availability or the particular 11311
nature of a project, it would not be in the public interest or 11312
would less effectively achieve the purposes of this chapter to 11313
enter into such contracts on the basis of Section 31-7-13; and 11314
(ii) The enterprise that is involved in the 11315
project concurs in such finding. 11316
(b) When the requirements of paragraph (a) of this 11317
subsection are met: 11318
(i) The requirements of Section 31-7-13 shall not 11319
apply to such contracts; and 11320
(ii) The contracts may be entered into on the 11321
basis of negotiation. 11322
(c) The enterprise involved with the project may, upon 11323
approval of the authority, negotiate such contracts in the name of 11324
the authority. 11325
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(d) The provisions of this subsection (2) shall not 11326
apply to contracts by the authority for excavation, fill dirt and 11327
compaction for the preparation of the site of a project as defined 11328
in Section 57-75-5(f)(iv)1 and such contracts may be entered into 11329
pursuant to subsection (3) of this section. 11330
(3) (a) Contracts by the authority for excavation, fill 11331
dirt and compaction for the preparation of the site of a project 11332
defined in Section 57-75-5(f)(iv)1 shall be exempt from the 11333
provisions of Section 31-7-13 and the following procedure shall be 11334
followed in the award of such contracts: 11335
(i) The authority shall advertise for a period of 11336
time to be set by the authority, but in no event less than one (1) 11337
business day, the date, time and place of a meeting with the 11338
authority to receive specifications on a request for proposals on 11339
excavation, fill dirt and compaction for the preparation of the 11340
site of the project defined in Section 57-75-5(f)(iv)1. 11341
(ii) The authority shall set the minimum 11342
qualifications necessary to be considered for award of the 11343
contract and the advertisement shall set forth such minimum 11344
qualifications. 11345
(iii) Following the meeting the authority shall, 11346
in its discretion, select one or more of the qualified contractors 11347
with whom to negotiate or award the contract. The decision of the 11348
authority concerning the selection of the contractor shall be 11349
final. 11350
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(b) Contracts by the authority or a public agency for 11351
site preparation, utilities, real estate improvements, wastewater 11352
or for public works for a project defined in Section 11353
57-75-5(f)(xxi) or Section 57-75-5(f)(xxii) shall be exempt from 11354
the provisions of Section 31-7-13 and the following procedure 11355
shall be followed in the award of such contracts: 11356
(i) The authority or the public agency shall 11357
advertise for a period of time to be set by the authority or the 11358
public agency, but in no event less than one (1) nor more than 11359
five (5) calendar days, the date, time and place of a meeting with 11360
the authority or the public agency to receive specifications on 11361
the preparation of the site of the project defined in Section 11362
57-75-5(f)(xxi) or Section 57-75-5(f)(xxii). 11363
(ii) The authority or the public agency shall set 11364
the minimum qualifications necessary to be considered for award of 11365
the contract and the advertisement shall set forth such minimum 11366
qualifications. 11367
(iii) Following the meeting the authority or the 11368
public agency shall, in its discretion, select one or more of the 11369
qualified contractors with whom to negotiate or award the 11370
contract. The decision of the authority or the public agency 11371
concerning the selection of the contractor shall be final. 11372
(c) Contracts by a public agency for site preparation, 11373
utilities, real estate improvements, infrastructure, roads or for 11374
public works for a project defined in Section 57-75-5(f)(xxiii), 11375
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Section 57-75-5(f)(xxix), Section 57-75-5(f)(xxx), Section 11376
57-75-5(f)(xxxi), Section 57-75-5(f)(xxxii) or Section 11377
57-75-5(f)(xxxiii) may be exempt from the provisions of Section 11378
31-7-13 and the following procedure shall be followed in the award 11379
of contracts: 11380
(i) The public agency shall advertise for a period 11381
of time to be set by the public agency, but in no event less than 11382
one (1) nor more than five (5) calendar days, the date, time and 11383
place of a meeting with the public agency to receive 11384
specifications on site preparation, utilities, real estate 11385
improvements, infrastructure, roads or for public works related to 11386
the project defined in Section 57-75-5(f)(xxiii), Section 11387
57-75-5(f)(xxix), Section 57-75-5(f)(xxx), Section 11388
57-75-5(f)(xxxi), Section 57-75-5(f)(xxxii) or Section 11389
57-75-5(f)(xxxiii). 11390
(ii) The public agency shall set the minimum 11391
qualifications necessary to be considered for award of the 11392
contract and the advertisement shall set forth such minimum 11393
qualifications. 11394
(iii) Following the meeting the public agency 11395
shall, in its discretion, which discretion may include 11396
participation by an enterprise involved in the project, select one 11397
or more of the qualified contractors with whom to negotiate or 11398
award the contract. The decision of the public agency concerning 11399
selection of the contractor shall be final. 11400
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(4) (a) Contracts, by the authority or a public agency, 11401
including, but not limited to, design and construction contracts, 11402
for the acquisition, purchase, construction or installation of a 11403
project defined in Section 57-75-5(f)(xxvi), Section 11404
57-75-5(f)(xxvii), Section 57-75-5(f)(xxviii), Section 11405
57-75-5(f)(xxix), Section 57-75-5(f)(xxx), Section 11406
57-75-5(f)(xxxi), Section 57-75-5(f)(xxxii) or Section 11407
57-75-5(f)(xxxiii), and any contracts by the authority or a public 11408
agency for site preparation, utilities, real estate improvements, 11409
infrastructure, roads or for other public facilities related to 11410
any such project shall be exempt from the provisions of Section 11411
31-7-13 if: 11412
(i) The authority finds and records such finding 11413
on its minutes, that because of availability or the particular 11414
nature of a project, it would not be in the public interest or 11415
would less effectively achieve the purposes of this chapter to 11416
enter into such contracts on the basis of Section 31-7-13; and 11417
(ii) The enterprise that is involved in the 11418
project concurs in such finding. 11419
(b) When the requirements of paragraph (a) of this 11420
subsection are met: 11421
(i) The requirements of Section 31-7-13 shall not 11422
apply to such contracts; and 11423
(ii) The contracts may be entered into on the 11424
basis of negotiation with the authority or such public agency, and 11425
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the authority or such public agency may, as part of such 11426
negotiations, further negotiate and require the level of 11427
participation by the enterprise involved in the project in the 11428
negotiation of such contracts. 11429
(c) Contracts by the authority or a public agency for 11430
site preparation, utilities, real estate improvements, 11431
infrastructure, roads or for other public facilities related to a 11432
project defined in Section 57-75-5(f)(xxxii), shall be exempt from 11433
the provisions of Section 65-1-85, and the authority or public 11434
agency is authorized to use any method for design and/or 11435
construction procurement and contracting. With respect to any 11436
such contract that is anticipated to be federally funded, in whole 11437
or in part, the authority or public agency may nonetheless comply 11438
with the provisions of Section 65-1-85 for purposes of compliance 11439
with any applicable federal funding requirements. 11440
(d) The decision of the authority or the public agency 11441
concerning selection of the contractor shall be final. 11442
(e) The company shall make commercially reasonable 11443
efforts to place out for bid, such that Mississippi Contractors 11444
and Mississippi Disadvantaged Business Enterprises ("DBEs") shall 11445
have an equal opportunity to respond to such bid, any contract by 11446
the company which (i) is subject to tax pursuant to Mississippi 11447
Code Section 27-65-21 (i.e., contracts for constructing, building, 11448
erecting, grading, excavating, etc.), and (ii) will be paid, or 11449
payment thereunder by the company will be reimbursed, using any 11450
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portion of the grant proceeds or funds provided by the authority 11451
to the company in accordance with this agreement. In carrying out 11452
such efforts, in order to increase the pool of qualified DBE 11453
bidders, the company will request that successful prime contract 11454
bidders include in their response a commitment to (a) participate 11455
in and/or host forums that highlight subcontract bidding 11456
opportunities for DBEs; and (b) work with various trade 11457
associations and the Mississippi Development Authority to promote 11458
increased participation from DBEs. With respect to awarding any 11459
contract placed out for bid, the company shall be allowed to award 11460
such contract in the company's sole discretion (e.g., based upon 11461
optimization of quality, cost and efficiency or on any other basis 11462
as the company may see fit). MDA agrees that it will offer to 11463
eligible contractor DBEs that have an opportunity to work on the 11464
project assistance through its Minority Surety Bond Guaranty 11465
Program. 11466
(5) The Department of Employment Security is authorized to 11467
provide to the authority any information received, obtained or 11468
produced, or findings or determinations made thereby, with respect 11469
to any jobs created or maintained for a project that has been 11470
certified by the authority as a project as defined in Section 11471
57-75-5(f). 11472
SECTION 197. Section 57-75-11, Mississippi Code of 1972, is 11473
brought forward as follows: 11474
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57-75-11. The authority, in addition to any and all powers 11475
now or hereafter granted to it, is empowered and shall exercise 11476
discretion and the use of these powers depending on the 11477
circumstances of the project or projects: 11478
(a) To maintain an office at a place or places within 11479
the state. 11480
(b) To employ or contract with architects, engineers, 11481
attorneys, accountants, construction and financial experts and 11482
such other advisors, consultants and agents as may be necessary in 11483
its judgment and to fix and pay their compensation. 11484
(c) To make such applications and enter into such 11485
contracts for financial assistance as may be appropriate under 11486
applicable federal or state law. 11487
(d) To apply for, accept and utilize grants, gifts and 11488
other funds or aid from any source for any purpose contemplated by 11489
the act, and to comply, subject to the provisions of this act, 11490
with the terms and conditions thereof. 11491
(e) (i) To acquire by purchase, lease, gift, or in 11492
other manner, including quick-take eminent domain, or obtain 11493
options to acquire, and to own, maintain, use, operate and convey 11494
any and all property of any kind, real, personal, or mixed, or any 11495
interest or estate therein, within the project area, necessary for 11496
the project or any facility related to the project. The 11497
provisions of this paragraph that allow the acquisition of 11498
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property by quick-take eminent domain shall be repealed by 11499
operation of law on July 1, 1994; and 11500
(ii) Notwithstanding any other provision of this 11501
paragraph (e), from and after November 6, 2000, to exercise the 11502
right of immediate possession pursuant to the provisions of 11503
Sections 11-27-81 through 11-27-89 for the purpose of acquiring 11504
land, property and/or rights-of-way in the county in which a 11505
project as defined in Section 57-75-5(f)(iv)1 is located, that are 11506
necessary for such project or any facility related to the project. 11507
(f) To acquire by purchase or lease any public lands 11508
and public property, including sixteenth section lands and lieu 11509
lands, within the project area, which are necessary for the 11510
project. Sixteenth section lands or lieu lands acquired under 11511
this act shall be deemed to be acquired for the purposes of 11512
industrial development thereon and such acquisition will serve a 11513
higher public interest in accordance with the purposes of this 11514
act. 11515
(g) If the authority identifies any land owned by the 11516
state as being necessary, for the location or use of the project, 11517
or any facility related to the project, to recommend to the 11518
Legislature the conveyance of such land or any interest therein, 11519
as the Legislature deems appropriate. 11520
(h) To make or cause to be made such examinations and 11521
surveys as may be necessary to the planning, design, construction 11522
and operation of the project. 11523
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(i) From and after the date of notification to the 11524
authority by the enterprise that the state has been finally 11525
selected as the site of the project, to acquire by condemnation 11526
and to own, maintain, use, operate and convey or otherwise dispose 11527
of any and all property of any kind, real, personal or mixed, or 11528
any interest or estate therein, within the project area, necessary 11529
for the project or any facility related to the project, with the 11530
concurrence of the affected public agency, and the exercise of the 11531
powers granted by this act, according to the procedures provided 11532
by Chapter 27, Title 11, Mississippi Code of 1972, except as 11533
modified by this act. 11534
(i) Except as otherwise provided in subparagraph 11535
(iii) of this paragraph (i), in acquiring lands by condemnation, 11536
the authority shall not acquire minerals or royalties in minerals 11537
unless a competent registered professional engineer shall have 11538
certified that the acquisition of such minerals and royalties in 11539
minerals is necessary for purposes of the project; provided that 11540
limestone, clay, chalk, sand and gravel shall not be considered as 11541
minerals for the purposes of subparagraphs (i) and (ii) of this 11542
paragraph (i); 11543
(ii) Unless minerals or royalties in minerals have 11544
been acquired by condemnation or otherwise, no person or persons 11545
owning the drilling rights or the right to share in production of 11546
minerals shall be prevented from exploring, developing, or 11547
producing oil or gas with necessary rights-of-way for ingress and 11548
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egress, pipelines and other means of transporting interests on any 11549
land or interest therein of the authority held or used for the 11550
purposes of this act; but any such activities shall be under such 11551
reasonable regulation by the authority as will adequately protect 11552
the project contemplated by this act as provided in paragraph (r) 11553
of this section; and 11554
(iii) In acquiring lands by condemnation, 11555
including the exercise of immediate possession, for a project, as 11556
defined in Section 57-75-5(f)(iv)1, the authority may acquire 11557
minerals or royalties in minerals. 11558
(j) To negotiate the necessary relocation or rerouting 11559
of roads and highways, railroad, telephone and telegraph lines and 11560
properties, electric power lines, pipelines and related 11561
facilities, or to require the anchoring or other protection of any 11562
of these, provided due compensation is paid to the owners thereof 11563
or agreement is had with such owners regarding the payment of the 11564
cost of such relocation, and to acquire by condemnation or 11565
otherwise easements or rights-of-way for such relocation or 11566
rerouting and to convey the same to the owners of the facilities 11567
being relocated or rerouted in connection with the purposes of 11568
this act. 11569
(k) To negotiate the necessary relocation of graves and 11570
cemeteries and to pay all reasonable costs thereof. 11571
(l) To perform or have performed any and all acts and 11572
make all payments necessary to comply with all applicable federal 11573
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laws, rules or regulations including, but not limited to, the 11574
Uniform Relocation Assistance and Real Property Acquisition 11575
Policies Act of 1970 (42 USCS 4601, 4602, 4621 to 4638, and 4651 11576
to 4655) and relocation rules and regulations promulgated by any 11577
agency or department of the federal government. 11578
(m) To construct, extend, improve, maintain, and 11579
reconstruct, to cause to be constructed, extended, improved, 11580
maintained, and reconstructed, and to use and operate any and all 11581
components of the project or any facility related to the project, 11582
with the concurrence of the affected public agency, within the 11583
project area, necessary to the project and to the exercise of such 11584
powers, rights, and privileges granted the authority. 11585
(n) To incur or defray any designated portion of the 11586
cost of any component of the project or any facility related to 11587
the project acquired or constructed by any public agency. 11588
(o) (i) To lease, sell or convey any or all property 11589
acquired by the authority under the provisions of this act to the 11590
enterprise, its successors or assigns, and/or any entity for 11591
purposes in furtherance of economic development as determined by 11592
the authority, and in connection therewith to pay the costs of 11593
title search, perfection of title, title insurance and recording 11594
fees as may be required. The authority may provide in the 11595
instrument conveying such property a provision that such property 11596
shall revert to the authority if, as and when the property is 11597
declared by the transferee to be no longer needed. 11598
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(ii) To lease, sell, transfer or convey on any 11599
terms agreed upon by the authority any or all real and personal 11600
property, improvements, leases, funds and contractual obligations 11601
of a project as defined in Section 57-75-5(f)(vi) and conveyed to 11602
the State of Mississippi by a Quitclaim Deed from the United 11603
States of America dated February 23, 1996, filed of record at 11604
pages 511 to 524, Deed Book Number B179, Chancery Clerk's Office, 11605
Tishomingo County, Mississippi, to any governmental authority 11606
located within the geographic boundaries of the county wherein 11607
such project exists upon agreement of such governmental authority 11608
to undertake and assume from the State of Mississippi all 11609
obligations and responsibilities in connection with ownership and 11610
operation of the project. Property leased, sold, transferred or 11611
otherwise conveyed by the authority under this paragraph (o) shall 11612
be used only for economic development purposes. 11613
(p) To enter into contracts with any person or public 11614
agency, including, but not limited to, contracts authorized by 11615
Section 57-75-17, in furtherance of any of the purposes authorized 11616
by this act upon such consideration as the authority and such 11617
person or public agency may agree. Any such contract may extend 11618
over any period of time, notwithstanding any rule of law to the 11619
contrary, may be upon such terms as the parties thereto shall 11620
agree, and may provide that it shall continue in effect until 11621
bonds specified therein, refunding bonds issued in lieu of such 11622
bonds, and all other obligations specified therein are paid or 11623
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terminated. Any such contract shall be binding upon the parties 11624
thereto according to its terms. Such contracts may include an 11625
agreement to reimburse the enterprise, its successors and assigns 11626
for any assistance provided by the enterprise in the acquisition 11627
of real property for the project or any facility related to the 11628
project. 11629
(q) To establish and maintain reasonable rates and 11630
charges for the use of any facility within the project area owned 11631
or operated by the authority, and from time to time, to adjust 11632
such rates and to impose penalties for failure to pay such rates 11633
and charges when due. 11634
(r) To adopt and enforce with the concurrence of the 11635
affected public agency all necessary and reasonable rules and 11636
regulations to carry out and effectuate the implementation of the 11637
project and any land use plan or zoning classification adopted for 11638
the project area, including, but not limited to, rules, 11639
regulations, and restrictions concerning mining, construction, 11640
excavation or any other activity the occurrence of which may 11641
endanger the structure or operation of the project. Such rules 11642
may be enforced within the project area and without the project 11643
area as necessary to protect the structure and operation of the 11644
project. The authority is authorized to plan or replan, zone or 11645
rezone, and make exceptions to any regulations, whether local or 11646
state, with the concurrence of the affected public agency which 11647
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are inconsistent with the design, planning, construction or 11648
operation of the project and facilities related to the project. 11649
(s) To plan, design, coordinate and implement measures 11650
and programs to mitigate impacts on the natural environment caused 11651
by the project or any facility related to the project. 11652
(t) To develop plans for technology transfer activities 11653
to ensure private sector conduits for exchange of information, 11654
technology and expertise related to the project to generate 11655
opportunities for commercial development within the state. 11656
(u) To consult with the State Department of Education 11657
and other public agencies for the purpose of improving public 11658
schools and curricula within the project area. 11659
(v) To consult with the State Board of Health and other 11660
public agencies for the purpose of improving medical centers, 11661
hospitals and public health centers in order to provide 11662
appropriate health care facilities within the project area. 11663
(w) To consult with the Office of Minority Business 11664
Enterprise Development and other public agencies for the purpose 11665
of developing plans for technical assistance and loan programs to 11666
maximize the economic impact related to the project for minority 11667
business enterprises within the State of Mississippi. 11668
(x) To deposit into the "Yellow Creek Project Area 11669
Fund" created pursuant to Section 57-75-31: 11670
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(i) Any funds or aid received as authorized in 11671
this section for the project described in Section 57-75-5(f)(vi), 11672
and 11673
(ii) Any funds received from the sale or lease of 11674
property from the project described in Section 57-75-5(f)(vi) 11675
pursuant to the powers exercised under this section. 11676
(y) To manage and develop the project described in 11677
Section 57-75-5(f)(vi). 11678
(z) To promulgate rules and regulations necessary to 11679
effectuate the purposes of this act. 11680
(aa) To negotiate a fee-in-lieu with the owners of the 11681
project. 11682
(bb) To enter into contractual agreements to warrant 11683
any site work for a project defined in Section 57-75-5(f)(iv)1; 11684
provided, however, that the aggregate amount of such warranties 11685
shall not exceed Fifteen Million Dollars ($15,000,000.00). 11686
(cc) To provide grant funds to an enterprise operating 11687
a project defined in Section 57-75-5(f)(iv)1 in an amount not to 11688
exceed Thirty-nine Million Dollars ($39,000,000.00). 11689
(dd) (i) To own surface water transmission lines 11690
constructed with the proceeds of bonds issued pursuant to this act 11691
and in connection therewith to purchase and provide water to any 11692
project defined in Section 57-75-5(f)(iv) and to certificated 11693
water providers; and 11694
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(ii) To lease such surface water transmission 11695
lines to a public agency or public utility to provide water to 11696
such project and to certificated water providers. 11697
(ee) To provide grant funds to an enterprise operating 11698
a project defined in Section 57-75-5(f)(v) or, in connection with 11699
a facility related to such a project, for job training, recruiting 11700
and infrastructure. 11701
(ff) To enter into negotiations with persons proposing 11702
projects defined in Section 57-75-5(f)(xi) and execute acquisition 11703
options and conduct planning, design and environmental impact 11704
studies with regard to such project. 11705
(gg) To establish such guidelines, rules and 11706
regulations as the authority may deem necessary and appropriate 11707
from time to time in its sole discretion, to promote the purposes 11708
of this act. 11709
(hh) In connection with projects defined in Section 11710
57-75-5(f)(ii): 11711
(i) To provide grant funds or loans to a public 11712
agency or an enterprise owning, leasing or operating a project 11713
defined in Section 57-75-5(f)(ii) in amounts not to exceed the 11714
amount authorized in Section 57-75-15(3)(b); 11715
(ii) To supervise the use of all such grant funds 11716
or loans; and 11717
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(iii) To requisition money in the Mississippi 11718
Major Economic Impact Authority Revolving Loan Fund in connection 11719
with such loans. 11720
(ii) In connection with projects defined under Section 11721
57-75-5(f)(xiv): 11722
(i) To provide grant funds or loans to an 11723
enterprise owning, leasing or operating a project defined in 11724
Section 57-75-5(f)(xiv); however, the aggregate amount of any such 11725
loans under this paragraph (ii) shall not exceed Eighteen Million 11726
Dollars ($18,000,000.00) and the aggregate amount of any such 11727
grants under this paragraph (ii) shall not exceed Six Million 11728
Dollars ($6,000,000.00); 11729
(ii) To supervise the use of all such grant funds 11730
or loans; and 11731
(iii) Notwithstanding any provision of this act to 11732
the contrary, such loans shall be for a term not to exceed twenty 11733
(20) years as may be determined by the authority, shall bear 11734
interest at such rates as may be determined by the authority, 11735
shall, in the sole discretion of the authority, be secured in an 11736
amount and a manner as may be determined by the authority. 11737
(jj) In connection with projects defined under Section 11738
57-75-5(f)(xviii): 11739
(i) To provide grant funds of Twenty-five Million 11740
Dollars ($25,000,000.00) to an enterprise owning or operating a 11741
project defined in Section 57-75-5(f)(xviii) to be used for real 11742
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estate improvements and which may be disbursed as determined by 11743
the authority; 11744
(ii) To provide loans to an enterprise owning or 11745
operating a project defined in Section 57-75-5(f)(xviii) or make 11746
payments to a lender providing financing to the enterprise; 11747
subject to the following provisions: 11748
1. Not more than Ten Million Dollars 11749
($10,000,000.00) may be loaned to such an enterprise for the 11750
purpose of defraying costs incurred by the enterprise for site 11751
preparation and real property improvements during the construction 11752
of the project in excess of budgeted costs; however, the amount of 11753
any such loan shall not exceed fifty percent (50%) of such excess 11754
costs; 11755
2. Not more than Sixty Million Dollars 11756
($60,000,000.00) may be loaned to such an enterprise or paid to a 11757
lender providing financing to the enterprise for purposes 11758
determined appropriate by the authority, and the enterprise shall 11759
be obligated to repay the amount of the loan or payment plus any 11760
expenses incurred by the state as a result of the issuance of 11761
bonds pursuant to Section 57-75-15(3)(p); however, no such loan or 11762
payment may be made before the beginning of the fifth year after 11763
issuance by the enterprise of debt in like amount the proceeds of 11764
which are to be used in connection with the project; 11765
(iii) To supervise the use of all such loan funds; 11766
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(iv) Loans under this paragraph (jj) may be for 11767
any term determined appropriate by the authority provided that the 11768
payments on any loan must be in an amount sufficient to pay the 11769
state's debt service on bonds issued for the purpose of providing 11770
funds for such a loan; and 11771
(v) The repayment obligation of the enterprise for 11772
any loan or payment authorized under this paragraph (jj) shall, in 11773
the discretion of the authority, be secured in an amount and a 11774
manner as may be determined by the authority. 11775
(kk) In connection with projects defined in Section 11776
57-75-5(f)(xxi) or a facility related to such a project: 11777
(i) To provide grant funds to reimburse public 11778
agencies, Itawamba Community College, Northeast Mississippi 11779
Community College, and/or East Mississippi Community College, 11780
public or private nonprofits or an enterprise owning or operating 11781
a project as defined in Section 57-75-5(f)(xxi) for site 11782
preparation, real estate improvements, utilities, railroads, 11783
roads, infrastructure, job training, recruiting and any other 11784
expenses approved by the authority in amounts not to exceed the 11785
amount authorized in Section 57-75-15(3)(s); 11786
(ii) To supervise the use of all such grant funds 11787
so reimbursed; and 11788
(iii) To enter into contractual agreements to 11789
warrant site preparation and availability for a project defined in 11790
Section 57-75-5(f)(xxi). 11791
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(ll) In connection with a project related to a Tier One 11792
supplier: 11793
(i) To provide grant funds to reimburse public 11794
agencies, public or private nonprofits and Tier One suppliers for 11795
site preparation, real estate improvements, utilities, railroads, 11796
roads, infrastructure, job training, recruiting and any other 11797
expenses approved by the authority in amounts not to exceed the 11798
amount authorized in Section 57-75-15(3)(t); 11799
(ii) To supervise the use of all such grant funds 11800
so reimbursed. 11801
(mm) In connection with projects defined in Section 11802
57-75-5(f)(xxii) or a facility related to such a project: 11803
(i) To provide grant funds to reimburse public 11804
agencies or an enterprise owning or operating a project as defined 11805
in Section 57-75-5(f)(xxii) for site preparation, real estate 11806
improvements, utilities, fire protection, wastewater, railroads, 11807
roads, infrastructure, job training, recruiting and any other 11808
expenses approved by the authority in amounts not to exceed the 11809
amount authorized in Section 57-75-15(3)(u); and 11810
(ii) To supervise the use of all such grant funds 11811
so reimbursed. 11812
(nn) It is the policy of the authority and the 11813
authority is authorized to accommodate and support any enterprise 11814
owning or operating a project defined in Section 11815
57-75-5(f)(xviii), 57-75-5(f)(xxi), 57-75-5(f)(xxii), 11816
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57-75-5(f)(xxvi), 57-75-5(f)(xxvii), 57-75-5(f)(xxviii), 11817
57-75-5(f)(xxix), 57-75-5(f)(xxx), 57-75-5(f)(xxxi), 11818
57-75-5(f)(xxxii) or 57-75-5(f)(xxxiii), or an enterprise 11819
developing or owning a project defined in Section 57-75-5(f)(xx), 11820
that wishes to have a program of diversity in contracting, and/or 11821
that wishes to do business with or cause its prime contractor to 11822
do business with Mississippi companies, including those companies 11823
that are small business concerns owned and controlled by socially 11824
and economically disadvantaged individuals. The term "socially 11825
and economically disadvantaged individuals" shall have the meaning 11826
ascribed to such term under Section 8(d) of the Small Business Act 11827
(15 USCS 637(d)) and relevant subcontracting regulations 11828
promulgated pursuant thereto; except that women shall be presumed 11829
to be socially and economically disadvantaged individuals for the 11830
purposes of this paragraph. 11831
(oo) To provide grant funds to an enterprise developing 11832
or owning a project defined in Section 57-75-5(f)(xx) for 11833
reimbursement of costs incurred by such enterprise for 11834
infrastructure improvements in the initial phase of development of 11835
the project, upon dedication of such improvements to the 11836
appropriate public agency. 11837
(pp) In connection with projects defined in Section 11838
57-75-5(f)(xxiii): 11839
(i) To provide grant funds to reimburse public 11840
agencies or an enterprise operating a project as defined in 11841
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Section 57-75-5(f)(xxiii) for site preparation, utilities, real 11842
estate improvements, infrastructure, roads, public works, job 11843
training and any other expenses approved by the authority in 11844
amounts not to exceed the amount authorized in Section 11845
57-75-15(3)(v); and 11846
(ii) To supervise the use of all such grant funds 11847
so reimbursed. 11848
(qq) (i) To provide grant funds for the expansion of a 11849
publicly owned building for the project defined in Section 11850
57-75-5(f)(xxiv) or loans to an enterprise owning, leasing or 11851
operating a project defined in Section 57-75-5(f)(xxiv) for the 11852
purchase and/or relocation of equipment, or for any other purpose 11853
related to the project as approved by the authority; however, the 11854
aggregate amount of any such loans under this paragraph (qq) shall 11855
not exceed Six Million Dollars ($6,000,000.00) and the aggregate 11856
amount of any such grants under this paragraph (qq) shall not 11857
exceed Seven Million Dollars ($7,000,000.00); 11858
(ii) To supervise the use of all such grant funds 11859
or loans; and 11860
(iii) Notwithstanding any provision of this act to 11861
the contrary, such loans shall be for a term not to exceed ten 11862
(10) years as may be determined by the authority, shall bear a 11863
rate of interest to be determined by the authority, and shall be 11864
secured in an amount and a manner as may be determined by the 11865
authority. 11866
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(rr) (i) To provide grant funds to an enterprise 11867
owning or operating a project defined in Section 57-75-5(f)(xxv) 11868
for reimbursement of costs incurred by the enterprise in 11869
reconfiguring the manufacturing plant and for the purchase of 11870
equipment, or for any other purpose related to the project as 11871
approved by the authority; 11872
(ii) To supervise the use of all such grant funds. 11873
(ss) In connection with projects defined under Section 11874
57-75-5(f)(xxvi): 11875
(i) To provide grant funds and/or loans to a 11876
public agency in an amount not to exceed Fifteen Million Dollars 11877
($15,000,000.00) for the construction of a publicly owned building 11878
to be leased by the enterprise owning or operating the project; 11879
(ii) To provide loan guarantees in an amount not 11880
to exceed the total cost of the project for which financing is 11881
sought or Twenty Million Dollars ($20,000,000.00), whichever is 11882
less, for the purpose of encouraging the extension of conventional 11883
financing and the issuance of letters of credit to the enterprise 11884
owning or operating the project; 11885
(iii) In connection with any loan guarantee made 11886
pursuant to this paragraph, to make payments to lenders providing 11887
financing to the enterprise owning or operating the project and 11888
the enterprise shall be obligated to repay the amount of the 11889
payment plus any expenses incurred by the state as a result of the 11890
issuance of bonds pursuant to Section 57-75-15(3)(y); 11891
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(iv) To supervise the use of all such grant funds, 11892
loan funds or payments; and 11893
(v) To require the enterprise owning or operating 11894
the project to provide security for the repayment obligation for 11895
any loan guarantee authorized under this paragraph in an amount 11896
and in a manner as may be determined by the authority. 11897
(tt) In connection with projects defined under Section 11898
57-75-5(f)(xxvii): 11899
(i) To provide loans to a public agency in an 11900
amount not to exceed Fifty Million Dollars ($50,000,000.00) for 11901
the construction of a publicly owned building and acquisition of 11902
equipment to be leased by the enterprise owning or operating the 11903
project; and 11904
(ii) To supervise the use of all such loan funds. 11905
(uu) In connection with projects defined under Section 11906
57-75-5(f)(xxviii): 11907
(i) To provide grant funds to reimburse public 11908
agencies or an enterprise operating a project for site 11909
preparation, utilities, real estate purchase and improvements, 11910
infrastructure, roads, rail improvements, public works, job 11911
training and any other expenses approved by the authority in 11912
amounts not to exceed the amount authorized in Section 11913
57-75-15(3)(aa); 11914
(ii) To supervise the use of all such grant funds 11915
so reimbursed. 11916
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(vv) In connection with projects defined under Section 11917
57-75-5(f)(xxix): 11918
(i) To provide grant funds to reimburse or 11919
otherwise defray the costs incurred by public agencies or an 11920
enterprise operating a project for site preparation, utilities, 11921
real estate purchases, purchase options and improvements, 11922
infrastructure, roads, rail improvements, public works, buildings 11923
and fixtures, job recruitment and training, as well as planning, 11924
design, environmental mitigation and environmental impact studies 11925
with respect to a project, and any other purposes approved by the 11926
authority in amounts not to exceed the amount authorized in 11927
Section 57-75-15(3)(bb); 11928
(ii) To provide loans to public agencies for site 11929
preparation, utilities, real estate purchases, purchase options 11930
and improvements, infrastructure, roads, rail improvements, public 11931
works, buildings and fixtures, job recruiting and training, as 11932
well as planning, design, environmental mitigation and 11933
environmental impact studies with respect to a project, and any 11934
other purposes approved by the authority in amounts not to exceed 11935
the amount authorized in Section 57-75-15(3)(bb); 11936
(iii) To supervise the use of all such grant funds 11937
so reimbursed and/or loans so made; and 11938
(iv) To the extent that the authority enters into 11939
any construction or similar contract for site preparation work or 11940
for the construction of any improvements on a project site, to 11941
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assign or otherwise transfer to an enterprise or affiliate thereof 11942
that owns or operates such a project on such project site any and 11943
all contractual, express or implied warranties of any kind arising 11944
from such contract or work performed or materials purchased in 11945
connection therewith, and cause any such contract to contain terms 11946
and provisions designating such enterprise as a third-party 11947
beneficiary under the contract. 11948
(ww) In connection with projects defined under Section 11949
57-75-5(f)(xxx): 11950
(i) To provide grant funds to reimburse or 11951
otherwise defray the costs incurred by public agencies or an 11952
enterprise operating a project for public infrastructure needs, 11953
site preparation, building improvements, purchase of launch 11954
systems, recruitment of employees to fill new full-time jobs, 11955
providing internal company training and train prospective, new and 11956
existing employees of the enterprise associated with the project, 11957
including training of company employees who will utilize such 11958
instruction to teach other prospective, new and existing employees 11959
of the company and other workforce expenses and any other expenses 11960
approved by the authority in amounts not to exceed the amount 11961
authorized in Section 57-75-15(3)(cc); and 11962
(ii) To supervise the use of all such grant funds 11963
so reimbursed. 11964
(xx) In connection with projects defined under Section 11965
57-75-5(f)(xxxi): 11966
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(i) To provide grant funds to reimburse or 11967
otherwise defray the costs incurred by public agencies or any 11968
enterprise operating one or more such projects for site 11969
preparation, utilities, real estate purchases, purchase options 11970
and improvements, infrastructure, utilities, roads, rail 11971
improvements, public works, buildings and fixtures, job 11972
recruitment and training, as well as planning, design, 11973
environmental mitigation and environmental impact studies with 11974
respect to a project, and any other purposes approved by the 11975
authority in amounts not to exceed the amount authorized in 11976
Section 57-75-15(3)(dd); 11977
(ii) To provide loans to public agencies for site 11978
preparation, utilities, real estate purchases, purchase options 11979
and improvements, infrastructure, roads, rail improvements, public 11980
works, buildings and fixtures, job recruiting and training, as 11981
well as planning, design, environmental mitigation and 11982
environmental impact studies with respect to a project, and any 11983
other purposes approved by the authority in amounts not to exceed 11984
the amount authorized in Section 57-75-15(3)(dd). 11985
(yy) (i) In connection with projects defined under 11986
Section 57-75-5(f)(xxxi), the authority is further authorized to 11987
provide to the enterprises operating one or more of the projects, 11988
an annual grant in an amount not to exceed three and one-half 11989
percent (3.5%) of the additional payroll for a period of ten (10) 11990
consecutive years. Each such aggregate annual grant amount shall 11991
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be remitted to one or more of the enterprises and/or one or more 11992
of their affiliates, in such sub-amounts as the enterprises shall 11993
collectively direct, or that their common direct or indirect 11994
parent company shall direct, in writing, to the authority each 11995
year during such ten-year period. The ten-year period for the 11996
series of ten (10) annual grants authorized by this paragraph (yy) 11997
shall commence no later than January 1, 2029. 11998
(ii) In the event that the annual number of 11999
full-time jobs maintained or caused to be maintained by the 12000
enterprises operating one or more projects and/or one or more 12001
affiliates thereof falls below the minimum annual number of 12002
full-time jobs required by the authority pursuant to a written 12003
agreement between the authority and the enterprises and/or any 12004
affiliate thereof for one or more years, the annual grant 12005
authorized by this paragraph (yy) may be reduced or suspended by 12006
the authority until the first calendar year during which the 12007
annual number of full-time jobs maintained or caused to be 12008
maintained by the enterprises and/or their affiliates reaches the 12009
minimum annual number of full-time jobs required by the authority 12010
pursuant to the written agreement. 12011
(iii) The annual grants authorized by this 12012
paragraph (yy) may be funded from the proceeds of bonds issued 12013
pursuant to Section 57-75-15(3)(dd); provided that the aggregate 12014
amount of the annual grants over the entire ten-year period shall 12015
not exceed Forty-five Million Dollars ($45,000,000.00). 12016
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(iv) For purposes of this paragraph (yy): 12017
1. "Additional payroll" shall mean the sum of 12018
the annual payroll amount (i.e., all annual employee income that 12019
is subject to State of Mississippi and/or federal income taxation) 12020
for any calendar year beginning January 1, 2023, which is 12021
associated with full-time jobs created and maintained by all 12022
enterprises that undertake any project and/or by any affiliates 12023
thereof, in excess of the amount the annualized payroll (i.e., all 12024
annual employee income that is subject to State of Mississippi 12025
and/or federal income taxation), which is associated with 12026
employees employed in the State of Mississippi by such enterprises 12027
or their affiliates as of September 30, 2022; and 12028
2. "Base payroll level" shall mean the 12029
annualized payroll amount (i.e., all annual employee income that 12030
is subject to State of Mississippi and/or federal income taxation) 12031
paid to employees employed in the State of Mississippi by all 12032
enterprises that undertake any project and/or by any affiliates 12033
thereof during the twelve-month period ending on September 30, 12034
2022. 12035
(v) The Mississippi Development Authority may 12036
promulgate rules and regulations necessary to administer the 12037
provisions of this paragraph (yy) and may otherwise administer and 12038
prescribe rules and restrictions with respect to the annual grant 12039
authorized by this paragraph (yy) pursuant to a written agreement 12040
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between the authority and any enterprises operating one or more 12041
projects and/or any affiliate thereof. 12042
(zz) In connection with a project defined under Section 12043
57-75-5(f)(xxxii): 12044
(i) To provide grant funds to reimburse or 12045
otherwise defray the costs incurred by public agencies or any 12046
enterprise operating one or more such projects for site 12047
preparation, utilities, real estate purchases, purchase options 12048
and improvements, infrastructure, utilities, roads, rail 12049
improvements, public works, buildings and fixtures, job 12050
recruitment and training, as well as planning, design, 12051
environmental mitigation and environmental impact studies with 12052
respect to a project, and any other purposes approved by the 12053
authority in amounts not to exceed the amount authorized in 12054
Section 57-75-15(3)(ee); 12055
(ii) To provide loans, grants and other funds to 12056
public agencies for site preparation, utilities, real estate 12057
purchases, purchase options and improvements, infrastructure, 12058
roads, rail improvements, public works, buildings and fixtures, 12059
job recruiting and training, as well as planning, design, 12060
environmental mitigation and environmental impact studies with 12061
respect to a project, and any other purposes approved by the 12062
authority in amounts not to exceed the amount authorized in 12063
Section 57-75-15(3)(ee). 12064
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(aaa) In connection with a project defined under 12065
Section 57-75-5(f)(xxxiii): 12066
(i) To provide grant funds to reimburse or 12067
otherwise defray the costs incurred by public agencies or any 12068
enterprise operating one or more such projects for site 12069
preparation, utilities, real estate purchases, purchase options 12070
and improvements, infrastructure, utilities, roads, rail 12071
improvements, public works, buildings and fixtures, job 12072
recruitment and training, as well as planning, design, 12073
environmental mitigation and environmental impact studies with 12074
respect to a project, and any other purposes approved by the 12075
authority in amounts not to exceed the amount authorized in 12076
Section 57-75-15(3)(ff); and 12077
(ii) To provide loans to public agencies for site 12078
preparation, utilities, real estate purchases, purchase options 12079
and improvements, infrastructure, roads, rail improvements, public 12080
works, buildings and fixtures, job recruiting and training, as 12081
well as planning, design, environmental mitigation and 12082
environmental impact studies with respect to a project, and any 12083
other purposes approved by the authority in amounts not to exceed 12084
the amount authorized in Section 57-75-15(3)(ff). 12085
(aab) (i) In addition to any other requirements or 12086
conditions under this chapter, the authority shall require that 12087
any application required by the authority for assistance regarding 12088
a project under this chapter include, at a minimum: 12089
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1. A two-year business plan (which shall 12090
include pro forma balance sheets, income statements and monthly 12091
cash flow statements); 12092
2. Financial statements or tax returns for 12093
the three (3) years immediately prior to the application (if the 12094
project is a new company or enterprise, personal financial 12095
statements or tax returns will be required); 12096
3. Credit reports on all persons or entities 12097
with a twenty percent (20%) or greater interest in the project; 12098
4. Data supporting the expertise of the 12099
project's principals; 12100
5. A cost-benefit analysis of the project 12101
performed by a state institution of higher learning or other 12102
entity selected by the authority; and 12103
6. Any other information required by the 12104
authority. 12105
(ii) The authority shall require that binding 12106
commitments be entered into requiring that: 12107
1. The applicable minimum requirements of 12108
this chapter and such other requirements as the authority 12109
considers proper shall be met; and 12110
2. If the agreed upon commitments are not 12111
met, all or a portion of the funds provided under this chapter as 12112
determined by the authority shall be repaid. 12113
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(iii) Where appropriate, in the discretion of the 12114
authority, the authority shall acquire a security interest in or 12115
other lien upon any applicable collateral. 12116
(iv) The provisions of this paragraph (xx) shall 12117
not apply to a project defined in Section 57-75-5(f)(xxiii). 12118
SECTION 198. Section 57-75-13, Mississippi Code of 1972, is 12119
brought forward as follows: 12120
57-75-13. The Board of Trustees of State Institutions of 12121
Higher Learning is hereby authorized to support the project by 12122
creating institutes and developing curricula of direct benefit to 12123
the enterprise. Upon notification to the authority by the 12124
enterprise that the state has been selected as the site of the 12125
project, the Board of Trustees of State Institutions of Higher 12126
Learning may establish and create programs to enhance the 12127
project's success. 12128
SECTION 199. Section 57-75-15, Mississippi Code of 1972, is 12129
brought forward as follows: 12130
57-75-15. (1) Upon notification to the authority by the 12131
enterprise that the state has been finally selected as the site 12132
for the project, the State Bond Commission shall have the power 12133
and is hereby authorized and directed, upon receipt of a 12134
declaration from the authority as hereinafter provided, to borrow 12135
money and issue general obligation bonds of the state in one or 12136
more series for the purposes herein set out. Upon such 12137
notification, the authority may thereafter, from time to time, 12138
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declare the necessity for the issuance of general obligation bonds 12139
as authorized by this section and forward such declaration to the 12140
State Bond Commission, provided that before such notification, the 12141
authority may enter into agreements with the United States 12142
government, private companies and others that will commit the 12143
authority to direct the State Bond Commission to issue bonds for 12144
eligible undertakings set out in subsection (4) of this section, 12145
conditioned on the siting of the project in the state. 12146
(2) Upon receipt of any such declaration from the authority, 12147
the State Bond Commission shall verify that the state has been 12148
selected as the site of the project and shall act as the issuing 12149
agent for the series of bonds directed to be issued in such 12150
declaration pursuant to authority granted in this section. 12151
(3) (a) Bonds issued under the authority of this section 12152
for projects as defined in Section 57-75-5(f)(i) shall not exceed 12153
an aggregate principal amount in the sum of Sixty-seven Million 12154
Three Hundred Fifty Thousand Dollars ($67,350,000.00). 12155
(b) Bonds issued under the authority of this section 12156
for projects as defined in Section 57-75-5(f)(ii) shall not exceed 12157
Eighty-seven Million Dollars ($87,000,000.00). The authority, 12158
with the express direction of the State Bond Commission, is 12159
authorized to expend any remaining proceeds of bonds issued under 12160
the authority of this act prior to January 1, 1998, for the 12161
purpose of financing projects as then defined in Section 12162
57-75-5(f)(ii) or for any other projects as defined in Section 12163
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57-75-5(f)(ii), as it may be amended from time to time. No bonds 12164
shall be issued under this paragraph (b) until the State Bond 12165
Commission by resolution adopts a finding that the issuance of 12166
such bonds will improve, expand or otherwise enhance the military 12167
installation, its support areas or military operations, or will 12168
provide employment opportunities to replace those lost by closure 12169
or reductions in operations at the military installation or will 12170
support critical studies or investigations authorized by Section 12171
57-75-5(f)(ii). 12172
(c) Bonds issued under the authority of this section 12173
for projects as defined in Section 57-75-5(f)(iii) shall not 12174
exceed Ten Million Dollars ($10,000,000.00). No bonds shall be 12175
issued under this paragraph after December 31, 1996. 12176
(d) Bonds issued under the authority of this section 12177
for projects defined in Section 57-75-5(f)(iv) shall not exceed 12178
Three Hundred Fifty-one Million Dollars ($351,000,000.00). An 12179
additional amount of bonds in an amount not to exceed Twelve 12180
Million Five Hundred Thousand Dollars ($12,500,000.00) may be 12181
issued under the authority of this section for the purpose of 12182
defraying costs associated with the construction of surface water 12183
transmission lines for a project defined in Section 57-75-5(f)(iv) 12184
or for any facility related to the project. No bonds shall be 12185
issued under this paragraph after June 30, 2005. 12186
(e) Bonds issued under the authority of this section 12187
for projects defined in Section 57-75-5(f)(v) and for facilities 12188
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related to such projects shall not exceed Thirty-eight Million 12189
Five Hundred Thousand Dollars ($38,500,000.00). No bonds shall be 12190
issued under this paragraph after April 1, 2005. 12191
(f) Bonds issued under the authority of this section 12192
for projects defined in Section 57-75-5(f)(vii) shall not exceed 12193
Five Million Dollars ($5,000,000.00). No bonds shall be issued 12194
under this paragraph after June 30, 2006. 12195
(g) Bonds issued under the authority of this section 12196
for projects defined in Section 57-75-5(f)(viii) shall not exceed 12197
Four Million Five Hundred Thousand Dollars ($4,500,000.00). No 12198
bonds shall be issued under this paragraph after June 30, 2008. 12199
(h) Bonds issued under the authority of this section 12200
for projects defined in Section 57-75-5(f)(ix) shall not exceed 12201
Five Million Dollars ($5,000,000.00). No bonds shall be issued 12202
under this paragraph after June 30, 2007. 12203
(i) Bonds issued under the authority of this section 12204
for projects defined in Section 57-75-5(f)(x) shall not exceed 12205
Five Million Dollars ($5,000,000.00). No bonds shall be issued 12206
under this paragraph after April 1, 2005. 12207
(j) Bonds issued under the authority of this section 12208
for projects defined in Section 57-75-5(f)(xii) shall not exceed 12209
Thirty-three Million Dollars ($33,000,000.00). The amount of 12210
bonds that may be issued under this paragraph for projects defined 12211
in Section 57-75-5(f)(xii) may be reduced by the amount of any 12212
federal or local funds made available for such projects. No bonds 12213
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shall be issued under this paragraph until local governments in or 12214
near the county in which the project is located have irrevocably 12215
committed funds to the project in an amount of not less than Two 12216
Million Five Hundred Thousand Dollars ($2,500,000.00) in the 12217
aggregate; however, this irrevocable commitment requirement may be 12218
waived by the authority upon a finding that due to the unforeseen 12219
circumstances created by Hurricane Katrina, the local governments 12220
are unable to comply with such commitment. No bonds shall be 12221
issued under this paragraph after June 30, 2008. 12222
(k) Bonds issued under the authority of this section 12223
for projects defined in Section 57-75-5(f)(xiii) shall not exceed 12224
Three Million Dollars ($3,000,000.00). No bonds shall be issued 12225
under this paragraph after June 30, 2009. 12226
(l) Bonds issued under the authority of this section 12227
for projects defined in Section 57-75-5(f)(xiv) shall not exceed 12228
Twenty-four Million Dollars ($24,000,000.00). No bonds shall be 12229
issued under this paragraph until local governments in the county 12230
in which the project is located have irrevocably committed funds 12231
to the project in an amount of not less than Two Million Dollars 12232
($2,000,000.00). No bonds shall be issued under this paragraph 12233
after June 30, 2009. 12234
(m) Bonds issued under the authority of this section 12235
for projects defined in Section 57-75-5(f)(xv) shall not exceed 12236
Five Hundred Thousand Dollars ($500,000.00). No bonds shall be 12237
issued under this paragraph after June 30, 2009. 12238
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(n) Bonds issued under the authority of this section 12239
for projects defined in Section 57-75-5(f)(xvi) shall not exceed 12240
Ten Million Dollars ($10,000,000.00). No bonds shall be issued 12241
under this paragraph after June 30, 2011. 12242
(o) Bonds issued under the authority of this section 12243
for projects defined in Section 57-75-5(f)(xvii) shall not exceed 12244
Three Million Five Hundred Thousand Dollars ($3,500,000.00). No 12245
bonds shall be issued under this paragraph after June 30, 2010. 12246
(p) Bonds issued under the authority of this section 12247
for projects defined in Section 57-75-5(f)(xviii) shall not exceed 12248
Ninety-six Million Dollars ($96,000,000.00). No bonds shall be 12249
issued under this paragraph after June 30, 2011. 12250
(q) Bonds issued under the authority of this section 12251
for projects defined in Section 57-75-5(f)(xix) shall not exceed 12252
Fifteen Million Dollars ($15,000,000.00). No bonds shall be 12253
issued under this paragraph after June 30, 2012. 12254
(r) Bonds issued under the authority of this section 12255
for projects defined in Section 57-75-5(f)(xx) shall not exceed 12256
Twenty-three Million Dollars ($23,000,000.00). No bonds shall be 12257
issued under this paragraph after April 25, 2013. 12258
(s) Bonds issued under the authority of this section 12259
for projects defined in Section 57-75-5(f)(xxi) shall not exceed 12260
Two Hundred Ninety-three Million Nine Hundred Thousand Dollars 12261
($293,900,000.00). No bonds shall be issued under this paragraph 12262
after July 1, 2020. 12263
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(t) Bonds issued under the authority of this section 12264
for Tier One suppliers shall not exceed Thirty Million Dollars 12265
($30,000,000.00). No bonds shall be issued under this paragraph 12266
after July 1, 2020. 12267
(u) Bonds issued under the authority of this section 12268
for projects defined in Section 57-75-5(f)(xxii) shall not exceed 12269
Forty-eight Million Four Hundred Thousand Dollars 12270
($48,400,000.00). No bonds shall be issued under this paragraph 12271
after July 1, 2020. 12272
(v) Bonds issued under the authority of this section 12273
for projects defined in Section 57-75-5(f)(xxiii) shall not exceed 12274
Eighty-eight Million Two Hundred Fifty Thousand Dollars 12275
($88,250,000.00). No bonds shall be issued under this paragraph 12276
after July 1, 2009. 12277
(w) Bonds issued under the authority of this section 12278
for projects defined in Section 57-75-5(f)(xxiv) shall not exceed 12279
Thirteen Million Dollars ($13,000,000.00). No bonds shall be 12280
issued under this paragraph after July 1, 2020. 12281
(x) Bonds issued under the authority of this section 12282
for projects defined in Section 57-75-5(f)(xxv) shall not exceed 12283
Twenty-five Million Dollars ($25,000,000.00). No bonds shall be 12284
issued under this paragraph after July 1, 2017. 12285
(y) [Deleted] 12286
(z) Bonds issued under the authority of this section 12287
for projects defined in Section 57-75-5(f)(xxvii) shall not exceed 12288
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Fifty Million Dollars ($50,000,000.00). No bonds shall be issued 12289
under this paragraph after April 25, 2013. 12290
(aa) Bonds issued under the authority of this section 12291
for projects defined in Section 57-75-5(f)(xxviii) shall not 12292
exceed Seventy Million Dollars ($70,000,000.00). No bonds shall 12293
be issued under this paragraph after July 1, 2026. 12294
(bb) Bonds issued under the authority of this section 12295
for projects defined in Section 57-75-5(f)(xxix) shall not exceed 12296
Two Hundred Sixty-three Million Dollars ($263,000,000.00). No 12297
bonds shall be issued under this paragraph after July 1, 2034. 12298
(cc) Bonds issued under the authority of this section 12299
for projects defined in Section 57-75-5(f)(xxx) shall not exceed 12300
Six Million Dollars ($6,000,000.00). No bonds shall be issued 12301
under this paragraph after July 1, 2025. 12302
(dd) Bonds issued under the authority of this section 12303
for projects defined in Section 57-75-5(f)(xxxi) shall not exceed 12304
Two Hundred Forty-six Million Seven Hundred Ninety-eight Thousand 12305
Five Hundred Fifty Dollars ($246,798,550.00); however, the total 12306
amount of bonds that may be issued under the authority of this 12307
section for projects defined in Section 57-75-5(f)(xxxi) shall be 12308
reduced by the amount of any other funds authorized by the 12309
Legislature during the 2022 First Extraordinary Session 12310
specifically for such projects. No bonds shall be issued under 12311
this paragraph after July 1, 2040. 12312
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(ee) Bonds issued under the authority of this section 12313
for a project defined in Section 57-75-5(f)(xxxii) shall not 12314
exceed Four Hundred Eighty-two Million Dollars ($482,000,000.00); 12315
however, the total amount of bonds that may be issued under the 12316
authority of this section for a project defined in Section 12317
57-75-5(f)(xxxii) shall be reduced by the amount of any other 12318
funds authorized by the Legislature specifically for such project. 12319
No bonds shall be issued under this paragraph after July 1, 2040. 12320
(ff) Bonds issued under the authority of this section 12321
for a project defined in Section 57-75-5(f)(xxxiii) shall not 12322
exceed Two Hundred Sixty Million Dollars ($260,000,000.00); 12323
however, the total amount of bonds that may be issued under the 12324
authority of this section for a project defined in Section 12325
57-75-5(f)(xxxiii) shall be reduced by the amount of any other 12326
funds authorized by the Legislature specifically for such project. 12327
No bonds shall be issued under this paragraph after July 1, 2040. 12328
(4) (a) The proceeds from the sale of the bonds issued 12329
under this section may be applied for the following purposes: 12330
(i) Defraying all or any designated portion of the 12331
costs incurred with respect to acquisition, planning, design, 12332
construction, installation, rehabilitation, improvement, 12333
relocation and with respect to state-owned property, operation and 12334
maintenance of the project and any facility related to the project 12335
located within the project area, including costs of design and 12336
engineering, all costs incurred to provide land, easements and 12337
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rights-of-way, relocation costs with respect to the project and 12338
with respect to any facility related to the project located within 12339
the project area, and costs associated with mitigation of 12340
environmental impacts and environmental impact studies; 12341
(ii) Defraying the cost of providing for the 12342
recruitment, screening, selection, training or retraining of 12343
employees, candidates for employment or replacement employees of 12344
the project and any related activity; 12345
(iii) Reimbursing the Mississippi Development 12346
Authority for expenses it incurred in regard to projects defined 12347
in Section 57-75-5(f)(iv) prior to November 6, 2000. The 12348
Mississippi Development Authority shall submit an itemized list of 12349
expenses it incurred in regard to such projects to the Chairmen of 12350
the Finance and Appropriations Committees of the Senate and the 12351
Chairmen of the Ways and Means and Appropriations Committees of 12352
the House of Representatives; 12353
(iv) Providing grants to enterprises operating 12354
projects defined in Section 57-75-5(f)(iv)1; 12355
(v) Paying any warranty made by the authority 12356
regarding site work for a project defined in Section 12357
57-75-5(f)(iv)1; 12358
(vi) Defraying the cost of marketing and promotion 12359
of a project as defined in Section 57-75-5(f)(iv)1, Section 12360
57-75-5(f)(xxi) or Section 57-75-5(f)(xxii). The authority shall 12361
submit an itemized list of costs incurred for marketing and 12362
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promotion of such project to the Chairmen of the Finance and 12363
Appropriations Committees of the Senate and the Chairmen of the 12364
Ways and Means and Appropriations Committees of the House of 12365
Representatives; 12366
(vii) Providing for the payment of interest on the 12367
bonds; 12368
(viii) Providing debt service reserves; 12369
(ix) Paying underwriters' discount, original issue 12370
discount, accountants' fees, engineers' fees, attorneys' fees, 12371
rating agency fees and other fees and expenses in connection with 12372
the issuance of the bonds; 12373
(x) For purposes authorized in paragraphs (b) and 12374
(c) of this subsection (4); 12375
(xi) Providing grants to enterprises operating 12376
projects defined in Section 57-75-5(f)(v), or, in connection with 12377
a facility related to such a project, for any purposes deemed by 12378
the authority in its sole discretion to be necessary and 12379
appropriate; 12380
(xii) Providing grant funds or loans to a public 12381
agency or an enterprise owning, leasing or operating a project 12382
defined in Section 57-75-5(f)(ii); 12383
(xiii) Providing grant funds or loans to an 12384
enterprise owning, leasing or operating a project defined in 12385
Section 57-75-5(f)(xiv); 12386
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(xiv) Providing grants, loans and payments to or 12387
for the benefit of an enterprise owning or operating a project 12388
defined in Section 57-75-5(f)(xviii); 12389
(xv) Purchasing equipment for a project defined in 12390
Section 57-75-5(f)(viii) subject to such terms and conditions as 12391
the authority considers necessary and appropriate; 12392
(xvi) Providing grant funds to an enterprise 12393
developing or owning a project defined in Section 57-75-5(f)(xx); 12394
(xvii) Providing grants and loans for projects as 12395
authorized in Section 57-75-11(kk), (ll), (mm), (uu), (vv) or, in 12396
connection with a facility related to such a project, for any 12397
purposes deemed by the authority in its sole discretion to be 12398
necessary and appropriate; 12399
(xviii) Providing grants for projects as 12400
authorized in Section 57-75-11(pp) for any purposes deemed by the 12401
authority in its sole discretion to be necessary and appropriate; 12402
(xix) Providing grants and loans for projects as 12403
authorized in Section 57-75-11(qq); 12404
(xx) Providing grants for projects as authorized 12405
in Section 57-75-11(rr); 12406
(xxi) Providing grants, loans and payments as 12407
authorized in Section 57-75-11(ss); 12408
(xxii) Providing grants and loans as authorized in 12409
Section 57-75-11(tt); 12410
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(xxiii) Providing grants as authorized in Section 12411
57-75-11(ww) for any purposes deemed by the authority in its sole 12412
discretion to be necessary and appropriate; and 12413
(xxiv) Providing loans, grants and other funds as 12414
authorized in Section 57-75-11(xx), (yy), (zz) and (aaa) for any 12415
purposes deemed by the authority in its sole discretion to be 12416
necessary and appropriate. 12417
Such bonds shall be issued, from time to time, and in such 12418
principal amounts as shall be designated by the authority, not to 12419
exceed in aggregate principal amounts the amount authorized in 12420
subsection (3) of this section. Proceeds from the sale of the 12421
bonds issued under this section may be invested, subject to 12422
federal limitations, pending their use, in such securities as may 12423
be specified in the resolution authorizing the issuance of the 12424
bonds or the trust indenture securing them, and the earning on 12425
such investment applied as provided in such resolution or trust 12426
indenture. 12427
(b) (i) The proceeds of bonds issued after June 21, 12428
2002, under this section for projects described in Section 12429
57-75-5(f)(iv) may be used to reimburse reasonable actual and 12430
necessary costs incurred by the Mississippi Development Authority 12431
in providing assistance related to a project for which funding is 12432
provided from the use of proceeds of such bonds. The Mississippi 12433
Development Authority shall maintain an accounting of actual costs 12434
incurred for each project for which reimbursements are sought. 12435
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Reimbursements under this paragraph (b)(i) shall not exceed Three 12436
Hundred Thousand Dollars ($300,000.00) in the aggregate. 12437
Reimbursements under this paragraph (b)(i) shall satisfy any 12438
applicable federal tax law requirements. 12439
(ii) The proceeds of bonds issued after June 21, 12440
2002, under this section for projects described in Section 12441
57-75-5(f)(iv) may be used to reimburse reasonable actual and 12442
necessary costs incurred by the Department of Audit in providing 12443
services related to a project for which funding is provided from 12444
the use of proceeds of such bonds. The Department of Audit shall 12445
maintain an accounting of actual costs incurred for each project 12446
for which reimbursements are sought. The Department of Audit may 12447
escalate its budget and expend such funds in accordance with rules 12448
and regulations of the Department of Finance and Administration in 12449
a manner consistent with the escalation of federal funds. 12450
Reimbursements under this paragraph (b)(ii) shall not exceed One 12451
Hundred Thousand Dollars ($100,000.00) in the aggregate. 12452
Reimbursements under this paragraph (b)(ii) shall satisfy any 12453
applicable federal tax law requirements. 12454
(c) (i) Except as otherwise provided in this 12455
subsection, the proceeds of bonds issued under this section for a 12456
project described in Section 57-75-5(f) may be used to reimburse 12457
reasonable actual and necessary costs incurred by the Mississippi 12458
Development Authority in providing assistance related to the 12459
project for which funding is provided for the use of proceeds of 12460
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such bonds. The Mississippi Development Authority shall maintain 12461
an accounting of actual costs incurred for each project for which 12462
reimbursements are sought. Reimbursements under this paragraph 12463
shall not exceed Twenty-five Thousand Dollars ($25,000.00) for 12464
each project. 12465
(ii) Except as otherwise provided in this 12466
subsection, the proceeds of bonds issued under this section for a 12467
project described in Section 57-75-5(f) may be used to reimburse 12468
reasonable actual and necessary costs incurred by the Department 12469
of Audit in providing services related to the project for which 12470
funding is provided from the use of proceeds of such bonds. The 12471
Department of Audit shall maintain an accounting of actual costs 12472
incurred for each project for which reimbursements are sought. 12473
The Department of Audit may escalate its budget and expend such 12474
funds in accordance with rules and regulations of the Department 12475
of Finance and Administration in a manner consistent with the 12476
escalation of federal funds. Reimbursements under this paragraph 12477
shall not exceed Twenty-five Thousand Dollars ($25,000.00) for 12478
each project. Reimbursements under this paragraph shall satisfy 12479
any applicable federal tax law requirements. 12480
(5) The principal of and the interest on the bonds shall be 12481
payable in the manner hereinafter set forth. The bonds shall bear 12482
date or dates; be in such denomination or denominations; bear 12483
interest at such rate or rates; be payable at such place or places 12484
within or without the state; mature absolutely at such time or 12485
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times; be redeemable before maturity at such time or times and 12486
upon such terms, with or without premium; bear such registration 12487
privileges; and be substantially in such form; all as shall be 12488
determined by resolution of the State Bond Commission except that 12489
such bonds shall mature or otherwise be retired in annual 12490
installments beginning not more than five (5) years from the date 12491
thereof and extending not more than twenty-five (25) years from 12492
the date thereof. The bonds shall be signed by the Chairman of 12493
the State Bond Commission, or by his facsimile signature, and the 12494
official seal of the State Bond Commission shall be imprinted on 12495
or affixed thereto, attested by the manual or facsimile signature 12496
of the Secretary of the State Bond Commission. Whenever any such 12497
bonds have been signed by the officials herein designated to sign 12498
the bonds, who were in office at the time of such signing but who 12499
may have ceased to be such officers before the sale and delivery 12500
of such bonds, or who may not have been in office on the date such 12501
bonds may bear, the signatures of such officers upon such bonds 12502
shall nevertheless be valid and sufficient for all purposes and 12503
have the same effect as if the person so officially signing such 12504
bonds had remained in office until the delivery of the same to the 12505
purchaser, or had been in office on the date such bonds may bear. 12506
(6) All bonds issued under the provisions of this section 12507
shall be and are hereby declared to have all the qualities and 12508
incidents of negotiable instruments under the provisions of the 12509
Uniform Commercial Code and in exercising the powers granted by 12510
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this chapter, the State Bond Commission shall not be required to 12511
and need not comply with the provisions of the Uniform Commercial 12512
Code. 12513
(7) The State Bond Commission shall act as issuing agent for 12514
the bonds, prescribe the form of the bonds, determine the 12515
appropriate method for sale of the bonds, advertise for and accept 12516
bids or negotiate the sale of the bonds, issue and sell the bonds, 12517
pay all fees and costs incurred in such issuance and sale, and do 12518
any and all other things necessary and advisable in connection 12519
with the issuance and sale of the bonds. The State Bond 12520
Commission may sell such bonds on sealed bids at public sale or 12521
may negotiate the sale of the bonds for such price as it may 12522
determine to be for the best interest of the State of Mississippi. 12523
The bonds shall bear interest at such rate or rates not exceeding 12524
the limits set forth in Section 75-17-101 as shall be fixed by the 12525
State Bond Commission. All interest accruing on such bonds so 12526
issued shall be payable semiannually or annually. 12527
If the bonds are to be sold on sealed bids at public sale, 12528
notice of the sale of any bonds shall be published at least one 12529
time, the first of which shall be made not less than ten (10) days 12530
prior to the date of sale, and shall be so published in one or 12531
more newspapers having a general circulation in the City of 12532
Jackson, Mississippi, selected by the State Bond Commission. 12533
The State Bond Commission, when issuing any bonds under the 12534
authority of this section, may provide that the bonds, at the 12535
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option of the state, may be called in for payment and redemption 12536
at the call price named therein and accrued interest on such date 12537
or dates named therein. 12538
(8) State bonds issued under the provisions of this section 12539
shall be the general obligations of the state and backed by the 12540
full faith and credit of the state. The Legislature shall 12541
appropriate annually an amount sufficient to pay the principal of 12542
and the interest on such bonds as they become due. All bonds 12543
shall contain recitals on their faces substantially covering the 12544
foregoing provisions of this section. 12545
(9) The State Treasurer is authorized to certify to the 12546
Department of Finance and Administration the necessity for 12547
warrants, and the Department of Finance and Administration is 12548
authorized and directed to issue such warrants payable out of any 12549
funds appropriated by the Legislature under this section for such 12550
purpose, in such amounts as may be necessary to pay when due the 12551
principal of and interest on all bonds issued under the provisions 12552
of this section. The State Treasurer shall forward the necessary 12553
amount to the designated place or places of payment of such bonds 12554
in ample time to discharge such bonds, or the interest thereon, on 12555
the due dates thereof. 12556
(10) The bonds may be issued without any other proceedings 12557
or the happening of any other conditions or things other than 12558
those proceedings, conditions and things which are specified or 12559
required by this chapter. Any resolution providing for the 12560
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issuance of general obligation bonds under the provisions of this 12561
section shall become effective immediately upon its adoption by 12562
the State Bond Commission, and any such resolution may be adopted 12563
at any regular or special meeting of the State Bond Commission by 12564
a majority of its members. 12565
(11) In anticipation of the issuance of bonds hereunder, the 12566
State Bond Commission is authorized to negotiate and enter into 12567
any purchase, loan, credit or other agreement with any bank, trust 12568
company or other lending institution or to issue and sell interim 12569
notes for the purpose of making any payments authorized under this 12570
section. All borrowings made under this provision shall be 12571
evidenced by notes of the state which shall be issued from time to 12572
time, for such amounts not exceeding the amount of bonds 12573
authorized herein, in such form and in such denomination and 12574
subject to such terms and conditions of sale and issuance, 12575
prepayment or redemption and maturity, rate or rates of interest 12576
not to exceed the maximum rate authorized herein for bonds, and 12577
time of payment of interest as the State Bond Commission shall 12578
agree to in such agreement. Such notes shall constitute general 12579
obligations of the state and shall be backed by the full faith and 12580
credit of the state. Such notes may also be issued for the 12581
purpose of refunding previously issued notes. No note shall 12582
mature more than three (3) years following the date of its 12583
issuance. The State Bond Commission is authorized to provide for 12584
the compensation of any purchaser of the notes by payment of a 12585
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fixed fee or commission and for all other costs and expenses of 12586
issuance and service, including paying agent costs. Such costs 12587
and expenses may be paid from the proceeds of the notes. 12588
(12) The bonds and interim notes authorized under the 12589
authority of this section may be validated in the Chancery Court 12590
of the First Judicial District of Hinds County, Mississippi, in 12591
the manner and with the force and effect provided now or hereafter 12592
by Chapter 13, Title 31, Mississippi Code of 1972, for the 12593
validation of county, municipal, school district and other bonds. 12594
The necessary papers for such validation proceedings shall be 12595
transmitted to the State Bond Attorney, and the required notice 12596
shall be published in a newspaper published in the City of 12597
Jackson, Mississippi. 12598
(13) Any bonds or interim notes issued under the provisions 12599
of this chapter, a transaction relating to the sale or securing of 12600
such bonds or interim notes, their transfer and the income 12601
therefrom shall at all times be free from taxation by the state or 12602
any local unit or political subdivision or other instrumentality 12603
of the state, excepting inheritance and gift taxes. 12604
(14) All bonds issued under this chapter shall be legal 12605
investments for trustees, other fiduciaries, savings banks, trust 12606
companies and insurance companies organized under the laws of the 12607
State of Mississippi; and such bonds shall be legal securities 12608
which may be deposited with and shall be received by all public 12609
officers and bodies of the state and all municipalities and other 12610
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political subdivisions thereof for the purpose of securing the 12611
deposit of public funds. 12612
(15) The Attorney General of the State of Mississippi shall 12613
represent the State Bond Commission in issuing, selling and 12614
validating bonds herein provided for, and the Bond Commission is 12615
hereby authorized and empowered to expend from the proceeds 12616
derived from the sale of the bonds authorized hereunder all 12617
necessary administrative, legal and other expenses incidental and 12618
related to the issuance of bonds authorized under this chapter. 12619
(16) There is hereby created a special fund in the State 12620
Treasury to be known as the Mississippi Major Economic Impact 12621
Authority Fund wherein shall be deposited the proceeds of the 12622
bonds issued under this chapter and all monies received by the 12623
authority to carry out the purposes of this chapter. Expenditures 12624
authorized herein shall be paid by the State Treasurer upon 12625
warrants drawn from the fund, and the Department of Finance and 12626
Administration shall issue warrants upon requisitions signed by 12627
the director of the authority. 12628
(17) (a) There is hereby created the Mississippi Economic 12629
Impact Authority Sinking Fund from which the principal of and 12630
interest on such bonds shall be paid by appropriation. All monies 12631
paid into the sinking fund not appropriated to pay accruing bonds 12632
and interest shall be invested by the State Treasurer in such 12633
securities as are provided by law for the investment of the 12634
sinking funds of the state. 12635
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(b) In the event that all or any part of the bonds and 12636
notes are purchased, they shall be cancelled and returned to the 12637
loan and transfer agent as cancelled and paid bonds and notes and 12638
thereafter all payments of interest thereon shall cease and the 12639
cancelled bonds, notes and coupons, together with any other 12640
cancelled bonds, notes and coupons, shall be destroyed as promptly 12641
as possible after cancellation but not later than two (2) years 12642
after cancellation. A certificate evidencing the destruction of 12643
the cancelled bonds, notes and coupons shall be provided by the 12644
loan and transfer agent to the seller. 12645
(c) The State Treasurer shall determine and report to 12646
the Department of Finance and Administration and Legislative 12647
Budget Office by September 1 of each year the amount of money 12648
necessary for the payment of the principal of and interest on 12649
outstanding obligations for the following fiscal year and the 12650
times and amounts of the payments. It shall be the duty of the 12651
Governor to include in every executive budget submitted to the 12652
Legislature full information relating to the issuance of bonds and 12653
notes under the provisions of this chapter and the status of the 12654
sinking fund for the payment of the principal of and interest on 12655
the bonds and notes. 12656
(d) Any monies repaid to the state from loans 12657
authorized in Section 57-75-11(hh) shall be deposited into the 12658
Mississippi Major Economic Impact Authority Sinking Fund unless 12659
the State Bond Commission, at the request of the authority, shall 12660
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determine that such loan repayments are needed to provide 12661
additional loans as authorized under Section 57-75-11(hh). For 12662
purposes of providing additional loans, there is hereby created 12663
the Mississippi Major Economic Impact Authority Revolving Loan 12664
Fund and loan repayments shall be deposited into the fund. The 12665
fund shall be maintained for such period as determined by the 12666
State Bond Commission for the sole purpose of making additional 12667
loans as authorized by Section 57-75-11(hh). Unexpended amounts 12668
remaining in the fund at the end of a fiscal year shall not lapse 12669
into the State General Fund and any interest earned on amounts in 12670
such fund shall be deposited to the credit of the fund. 12671
(e) Any monies repaid to the state from loans 12672
authorized in Section 57-75-11(ii) shall be deposited into the 12673
Mississippi Major Economic Impact Authority Sinking Fund. 12674
(f) Any monies repaid to the state from loans, grants 12675
and other funds authorized in Section 57-75-11(jj), (vv), (xx), 12676
(zz) and (aaa) shall be deposited into the Mississippi Major 12677
Economic Impact Authority Sinking Fund. However: 12678
(i) Monies paid to the state from a county in 12679
which a project as defined in Section 57-75-5(f)(xxxii) is located 12680
and which is paid pursuant to any agreement under Section 12681
57-75-37(6)(c)(iii) shall, after being received from the county 12682
and properly accounted for, be deposited into the State General 12683
Fund; and 12684
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(ii) Monies paid to the state from a county and/or 12685
municipality in which a project as defined in Section 12686
57-75-5(f)(xxxiii) is located and which is paid pursuant to any 12687
agreement under Section 57-75-37(7)(c)(iii) shall, after being 12688
received from the county and/or municipality and properly 12689
accounted for, be deposited into the State General Fund. 12690
(18) (a) Upon receipt of a declaration by the authority 12691
that it has determined that the state is a potential site for a 12692
project, the State Bond Commission is authorized and directed to 12693
authorize the State Treasurer to borrow money from any special 12694
fund in the State Treasury not otherwise appropriated to be 12695
utilized by the authority for the purposes provided for in this 12696
subsection. 12697
(b) The proceeds of the money borrowed under this 12698
subsection may be utilized by the authority for the purpose of 12699
defraying all or a portion of the costs incurred by the authority 12700
with respect to acquisition options and planning, design and 12701
environmental impact studies with respect to a project defined in 12702
Section 57-75-5(f)(xi) or Section 57-75-5(f)(xxix). The authority 12703
may escalate its budget and expend the proceeds of the money 12704
borrowed under this subsection in accordance with rules and 12705
regulations of the Department of Finance and Administration in a 12706
manner consistent with the escalation of federal funds. 12707
(c) The authority shall request an appropriation or 12708
additional authority to issue general obligation bonds to repay 12709
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the borrowed funds and establish a date for the repayment of the 12710
funds so borrowed. 12711
(d) Borrowings made under the provisions of this 12712
subsection shall not exceed Five Hundred Thousand Dollars 12713
($500,000.00) at any one time. 12714
SECTION 200. Section 57-75-17, Mississippi Code of 1972, is 12715
brought forward as follows: 12716
57-75-17. (1) For the purpose of aiding in the planning, 12717
design, undertaking and carrying out of the project or any 12718
facility related to the project, any public agency is authorized 12719
and empowered upon such terms, with or without consideration, as 12720
it may determine: 12721
(a) To enter into agreements, which may extend over any 12722
period, with the authority respecting action to be taken by such 12723
public agency with respect to the acquisition, planning, 12724
construction, improvement, operation, maintenance or funding of 12725
the project or any such facility, and which agreements may 12726
include: 12727
(i) The appropriation or payment of funds to the 12728
authority or to a trustee in amounts which shall be sufficient to 12729
enable the authority to defray any designated portion or 12730
percentage of the expenses of administering, planning, designing, 12731
constructing, acquiring, improving, operating, and maintaining the 12732
project or any facility related to the project, 12733
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(ii) The appropriation or payment of funds to the 12734
authority or to a trustee to pay interest and principal (whether 12735
at maturity or upon sinking fund redemption) on bonds of the 12736
authority issued pursuant to this act and to fund reserves for 12737
debt service, for operation and maintenance and for renewals and 12738
replacements, and to fulfill requirements of any covenant with 12739
respect to debt service contained in any resolution, trust 12740
indenture or other security agreement relating to the bonds of the 12741
authority issued pursuant to this act, 12742
(iii) The furnishing of other assistance in 12743
connection with the project or facility related to the project, 12744
and 12745
(iv) The borrowing of money from the authority in 12746
connection with a project defined in Section 57-75-5(f)(ii); 12747
(b) To dedicate, sell, donate, convey or lease any 12748
property or interest in property to the authority or grant 12749
easements, licenses or other rights or privileges therein to the 12750
authority; 12751
(c) To incur the expense of any public improvements 12752
made or to be made by such public agency in exercising the powers 12753
granted in this section; 12754
(d) To lend, grant or contribute funds to the 12755
authority; 12756
(e) To cause public buildings and public facilities, 12757
including parks, playgrounds, recreational areas, community 12758
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meeting facilities, water, sewer or drainage facilities, or any 12759
other works which it is otherwise empowered to undertake, to be 12760
furnished to or with respect to the project or any such facility; 12761
(f) To furnish, dedicate, close, vacate, pave, install, 12762
upgrade or improve highways, streets, roads, sidewalks, airports, 12763
railroads, or ports; 12764
(g) To plan or replan, zone or rezone any parcel of 12765
land within the public agency or make exceptions from land use, 12766
building and zoning regulations; 12767
(h) To cause administrative and other services to be 12768
furnished to the authority, including services pertaining to the 12769
acquisition of real property and the furnishing of relocation 12770
assistance; and 12771
(i) To loan to the owner, lessee or operator of any 12772
project defined in Section 57-75-5(f)(ii) the proceeds of any loan 12773
from the authority to the public entity under the provisions of 12774
this act. 12775
(2) Any contract between a public agency entered into with 12776
the authority pursuant to any of the powers granted by this act 12777
shall be binding upon said public agency according to its terms, 12778
and such public agency shall have the power to enter into such 12779
contracts as in the discretion of the governing authorities 12780
thereof would be to the best interest of the people of such public 12781
agency. Such contracts may include within the discretion of such 12782
governing authorities of public agencies defined under Section 12783
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57-75-5(h)(ii) a pledge of the full faith and credit of such 12784
public agency or any other lawfully available funds for the 12785
performance thereof. If at any time title to or possession of the 12786
project or any such facility is held by any public body or 12787
governmental agency other than the authority, including any agency 12788
or instrumentality of the United States of America, the agreements 12789
referred to in this section shall inure to the benefit of and may 12790
be enforced by such public body or governmental agency. 12791
(3) Notwithstanding any provisions of this act to the 12792
contrary, any contract entered into between the authority and any 12793
public agency for the appropriation or payment of funds to the 12794
authority under item (a)(ii) or (a)(iv) of this section shall 12795
contain a provision therein requiring periodic payments by the 12796
public agency as required by the authority to pay its indebtedness 12797
and, if the public agency is not a county or municipality, such 12798
contract shall include as an additional party to the contract the 12799
county or municipality (referred to in this paragraph as "levying 12800
authority") that levies and collects taxes for the contracting 12801
public agency. If the public agency fails to pay its indebtedness 12802
for any month, the authority shall certify to the Department of 12803
Revenue, or other appropriate agency, the amount of the 12804
delinquency, and the Department of Revenue shall deduct such 12805
amount from the public agency's or levying authority's, as the 12806
case may be, next allocation of sales taxes, petroleum taxes, 12807
highway privilege taxes, severance taxes, Tennessee Valley 12808
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Authority payments in lieu of taxes and homestead exemption 12809
reimbursements in that order of priority. The Department of 12810
Revenue, or other appropriate agency, shall pay the sums so 12811
deducted to the authority to be applied to the discharge of the 12812
contractual obligation. 12813
(4) Notwithstanding any provision of this act to the 12814
contrary, all loans made pursuant to Section 57-75-11(hh) and this 12815
section shall be for a term not to exceed twenty (20) years as may 12816
be determined by the authority, shall bear interest at such rates 12817
as may be determined by the authority, shall, in the sole 12818
discretion of the authority, be secured in an amount and a manner 12819
as may be determined by the authority. 12820
(5) (a) Before authorizing any loan to a public agency 12821
defined in Section 57-75-5(h)(ii), a local governmental unit, the 12822
governing authority of such local governmental unit in connection 12823
with a project defined in Section 57-75-5(f)(ii), shall adopt a 12824
resolution declaring its intention so to do, stating the amount of 12825
the loan proposed to be authorized and the purpose for which the 12826
loan is to be authorized, and the date upon which the loan will be 12827
authorized. Such resolution shall be published once a week for at 12828
least three (3) consecutive weeks in at least one (1) newspaper 12829
published in such local governmental unit. The first publication 12830
of such resolution shall be made not less than twenty-one (21) 12831
days before the date fixed in such resolution for the 12832
authorization of the loan and the last publication shall be made 12833
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not more than seven (7) days before such date. If no newspaper is 12834
published in such local governmental unit, then such notice shall 12835
be given by publishing the resolution for the required time in 12836
some newspaper having a general circulation in such local 12837
governmental unit and, in addition, by posting a copy of such 12838
resolution for at least twenty-one (21) days next preceding the 12839
date fixed therein at three (3) public places in such local 12840
governmental unit. If fifteen percent (15%) of the qualified 12841
electors of the local governmental unit or fifteen hundred (1500), 12842
whichever is the lesser, file a written protest against the 12843
authorization of such loan on or before the date specified in such 12844
resolution, then an election on the question of the authorization 12845
of such loan shall be called and held as otherwise provided for in 12846
connection with the issuance of general obligation indebtedness of 12847
such local governmental unit. Notice of such election shall be 12848
given as otherwise required in connection with the issuance of 12849
general obligation indebtedness of such local governmental unit. 12850
If three-fifths (3/5) of the qualified electors voting in the 12851
election vote in favor of authorizing the loan, then the governing 12852
authority of the local governmental unit shall proceed with the 12853
loan; however, if less than three-fifths (3/5) of the qualified 12854
electors voting in the election vote in favor of authorizing the 12855
loan, then the loan shall not be incurred. If no protest be 12856
filed, then such loan may be entered into by the local 12857
governmental unit without an election on the question of the 12858
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authorization of such loan, at any time within a period of two (2) 12859
years after the date specified in the resolution. However, the 12860
governing authority of any local governmental unit, in its 12861
discretion, may nevertheless call an election on such question, in 12862
which event it shall not be necessary to publish the resolution 12863
declaring its intention to authorize such loan as provided in this 12864
subsection. 12865
(b) Local governmental units may, in connection with 12866
any such loan, enter into any covenants and agreements with 12867
respect to such local governmental unit's operations, revenues, 12868
assets, monies, funds or property, or such loan, as may be 12869
prescribed by the authority. 12870
(c) Upon the making of any such loan by the authority 12871
to any local governmental unit, such local governmental unit shall 12872
be held and be deemed to have agreed that if such governmental 12873
unit fails to pay the principal of, premium, if any, and interest 12874
on any such loan as when due and payable, such governmental unit 12875
shall have waived any and all defenses to such nonpayment, and the 12876
authority, upon such nonpayment, shall thereupon avail itself of 12877
all remedies, rights and provisions of law applicable in such 12878
circumstance, including without limitation any remedies or rights 12879
theretofore agreed to by the local governmental unit, and that 12880
such loan shall for all of the purposes of this section, be held 12881
and be deemed to have become due and payable and to be unpaid. 12882
The authority may carry out the provisions of this section and 12883
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exercise all of the rights and other applicable laws of this 12884
state. 12885
(d) This section shall be deemed to provide an 12886
additional, alternative and complete method for the doing of the 12887
things authorized by this section and shall be deemed and 12888
construed to be supplemental to any power conferred by other laws 12889
on public agencies and not in derogation of any such powers. Any 12890
obligation incurred pursuant to the provisions of this section 12891
shall not constitute an indebtedness of the public agency within 12892
the meaning of any constitutional or statutory limitation or 12893
restriction. For purposes of this act, a public agency shall not 12894
be required to comply with the provisions of any other law except 12895
as provided in this section. 12896
(6) Any public agency providing any utility service or 12897
services, to any project defined in Section 57-75-5(f)(iv)1 may 12898
enter into leases or subleases for any period of time not to 12899
exceed thirty (30) years, in the capacity as lessor or lessee or 12900
sublessor or sublessee of lands alone, or lands and facilities 12901
located thereon, whether the facilities are owned by the owner of 12902
the land, a lessee, sublessee or a third party, and whether the 12903
public agency is a lessor, lessee or owner of the land. Any such 12904
public agency may also enter into operating agreements and/or 12905
lease-purchase agreements with respect to land or utility 12906
facilities as owner, operator, lessor or lessee for any period of 12907
time not to exceed thirty (30) years. Any such public agency may 12908
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also enter into contracts for the provision of utilities for any 12909
period of time not to exceed thirty (30) years and may set a 12910
special rate structure for such utilities. 12911
(7) (a) No well shall be permitted by any public agency 12912
responsible for the conservation of oil and gas in the State of 12913
Mississippi to be drilled on or under a tract of land which is a 12914
part of a project owned or operated by an enterprise as defined in 12915
Section 57-75-5(f)(xxix), Section 57-75-5(f)(xxxi), Section 12916
57-75-5(f)(xxxii) or Section 57-75-5(f)(xxxiii) and which 12917
enterprise is a nonconsenting owner as defined in Section 12918
53-3-7(1), which owns both the surface estate of said tract of 12919
land and also owns one hundred percent (100%) of the drilling 12920
rights in said tract of land. 12921
(b) No mining activities on or under land which is part 12922
of a project as defined in Section 57-75-5(f)(xxix), Section 12923
57-75-5(f)(xxxi), Section 57-75-5(f)(xxxii) or Section 12924
57-75-5(f)(xxxiii) shall be permitted by any public agency 12925
responsible for mining in the state without the consent of the 12926
enterprise owning or operating such project. 12927
SECTION 201. Section 57-75-19, Mississippi Code of 1972, is 12928
brought forward as follows: 12929
57-75-19. The authority shall not undertake to develop any 12930
project or facility related to the project within a county, 12931
municipality and/or school district without the concurrence of the 12932
affected county, municipality and/or school district. 12933
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SECTION 202. Section 57-75-21, Mississippi Code of 1972, is 12934
brought forward as follows: 12935
57-75-21. (1) (a) The authority shall set a goal to expend 12936
not less than ten percent (10%) of the total amounts expended by 12937
the authority on planning, construction, training, research, 12938
development, testing, evaluation, personal services, procurement, 12939
and for the operation and maintenance of any facilities or 12940
activities controlled by such authority, with minority small 12941
business concerns owned and controlled by socially and 12942
economically disadvantaged individuals. For the purpose of 12943
determining the total amounts expended with such minority small 12944
business concerns, credit shall be given for that portion of any 12945
prime contract entered into with the authority which inures to the 12946
benefit of such minority small business concern as a subcontractor 12947
thereunder. 12948
(b) For the purposes of this section, the term 12949
"socially and economically disadvantaged individuals" shall have 12950
the meaning ascribed to such term under Section 8(d) of the Small 12951
Business Act (15 USCS, Section 637(d)) and relevant subcontracting 12952
regulations promulgated pursuant thereto. 12953
(c) For the purposes of this section, the term 12954
"minority small business concern" means any small business 12955
concern: 12956
(i) Which is at least fifty-one percent (51%) 12957
owned by one or more socially and economically disadvantaged 12958
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individuals; or, in the case of any publicly owned businesses, at 12959
least fifty-one percent (51%) of the stock of which is owned by 12960
one or more socially and economically disadvantaged individuals; 12961
and 12962
(ii) Whose management and daily business 12963
operations are controlled by one or more of such individuals. 12964
(d) For the purpose of this section, the term "small 12965
business concern" shall mean "small business" as the latter term 12966
is defined in Section 57-10-155, Mississippi Code of 1972. 12967
(2) In order to comply in a timely manner with its minority 12968
small business participation mandate, the authority shall set an 12969
annual goal to expend not less than ten percent (10%) of its 12970
aggregate yearly expenditures with minority small business 12971
concerns. 12972
(3) The authority shall: 12973
(a) Monitor the minority small business concerns 12974
assistance programs prescribed in this section. 12975
(b) Review and determine the business capabilities of 12976
minority small business concerns. 12977
(c) Establish standards for a certification procedure 12978
for minority small business concerns seeking to do business with 12979
the authority. 12980
(d) Provide technical assistance services to minority 12981
small business concerns. Such technical assistance shall include 12982
but not be limited to: 12983
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(i) Research; 12984
(ii) Assistance in obtaining bonds; 12985
(iii) Bid preparation; 12986
(iv) Certification of business concerns; 12987
(v) Marketing assistance; and 12988
(vi) Joint venture and capital development. 12989
(e) Develop alternative bidding and contracting 12990
procedures for minority small business concerns in conjunction 12991
with the State Fiscal Management Board and the Governor's Office 12992
of General Services. 12993
(f) Utilize such alternative bidding and contracting 12994
procedures in lieu of those prescribed in Title 31, Chapters 5 and 12995
7, Mississippi Code of 1972, when contracting with minority small 12996
business concerns that have qualified to bid for contracts and 12997
have satisfied any other disclosure provisions required by the 12998
authority. 12999
(g) Be authorized to accept in lieu of any bond 13000
otherwise required from minority small business concerns or small 13001
business concerns contracting with the authority, in an amount 13002
equal to one hundred percent (100%) of the total cost of the 13003
contracted project, any combination of the following: 13004
(i) Cash; 13005
(ii) Certificates of deposit from any bank or 13006
banking corporation insured by the Federal Deposit Insurance 13007
Corporation or the Federal Savings and Loan Insurance Corporation; 13008
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(iii) Federal treasury bills; 13009
(iv) Letters of credit issued by a bank as that 13010
term is defined in Section 81-3-1, Mississippi Code of 1972; or 13011
(v) Surety bonds issued by an insurance company 13012
licensed and qualified to do business in the State of Mississippi. 13013
(h) Be authorized, in its discretion, to waive any bond 13014
required on any project which does not exceed a total dollar value 13015
of One Hundred Thousand Dollars ($100,000.00). A retainage shall 13016
be held by the authority in an amount not to exceed fifteen 13017
percent (15%) from each draw according to American Institute of 13018
Architects (AIA) standards. Upon satisfactory completion of such 13019
project, ten percent (10%) of the total cost of the contract shall 13020
be held in an interest-bearing escrow account for one (1) year. 13021
Funds deposited in such escrow account shall stand as a surety for 13022
any defects in workmanship or materials detected within twelve 13023
(12) months of completion. The balance of all monies so escrowed 13024
including accrued interest shall be paid to the contractor at the 13025
end of such twelve-month period. 13026
(i) Be empowered to provide an incentive of bimonthly 13027
payments to any prime contractors utilizing minority small 13028
business concerns as subcontractors on twenty-five percent (25%) 13029
or more of the total dollar value of any single project or 13030
contract. 13031
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(j) Submit an annual report on its progress concerning 13032
minority small business contracts to the Legislature by January 30 13033
of each year. 13034
(k) Take all steps necessary to implement the 13035
provisions of this section. 13036
SECTION 203. Section 57-75-22, Mississippi Code of 1972, is 13037
brought forward as follows: 13038
57-75-22. Any highways or highway segments constructed or 13039
improved by the Mississippi Department of Transportation under the 13040
provisions of this chapter for a project as defined in Section 13041
57-75-5(f)(iv) shall become a state highway and shall be placed 13042
under the jurisdiction of the Mississippi Transportation 13043
Commission for construction and maintenance. 13044
SECTION 204. Section 57-75-23, Mississippi Code of 1972, is 13045
brought forward as follows: 13046
57-75-23. The provisions of this act are cumulative of other 13047
statutes now or hereafter enacted relating to the authority, and 13048
the authority may exercise all presently held powers in the 13049
furtherance of this act. If any section, paragraph, sentence, 13050
clause, phrase or any part of the provisions of this act is 13051
declared to be unconstitutional or void, or for any reason is 13052
declared to be invalid or of no effect, the remaining sections, 13053
paragraphs, sentences, clauses and phrases shall in no manner be 13054
affected thereby but shall remain in full force and effect. 13055
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SECTION 205. Section 57-75-25, Mississippi Code of 1972, is 13056
brought forward as follows: 13057
57-75-25. No member of the Legislature, elected official or 13058
appointed official, or any partner or associate of any member of 13059
the Legislature, elected official or appointed official, shall 13060
derive any income from the issuance of any bonds under this act 13061
contrary to the provisions of Section 109, Mississippi 13062
Constitution of 1890, or Article 3, Chapter 4, Title 25, 13063
Mississippi Code of 1972. 13064
SECTION 206. Section 57-75-27, Mississippi Code of 1972, is 13065
brought forward as follows: 13066
57-75-27. Notwithstanding any provision of Chapter 61, Title 13067
57, Mississippi Code of 1972, to the contrary, the Mississippi 13068
Major Economic Impact Authority shall certify to the Department of 13069
Economic and Community Development the amount of money necessary 13070
for the Major Economic Impact Authority to purchase land in fee 13071
simple to provide a buffer zone for the National Aeronautics and 13072
Space Administration facility to be constructed in Tishomingo 13073
County, which amount shall not be more than Seven Million Dollars 13074
($7,000,000.00); and the department shall, if funds have not 13075
otherwise been made available, provide a grant to the authority 13076
for such amount out of the proceeds of bonds issued under the 13077
Mississippi Business Investment Act. Any funds remaining 13078
unexpended after the purchase of land hereunder shall be deposited 13079
in the Mississippi Business Investment Sinking Fund. No funds in 13080
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excess of the amount authorized in this section shall be expended 13081
pursuant to the Mississippi Business Investment Act for or in 13082
connection with the National Aeronautics and Space Administration 13083
facility to be constructed in Tishomingo County. 13084
SECTION 207. Section 57-75-33, Mississippi Code of 1972, is 13085
brought forward as follows: 13086
57-75-33. The board of supervisors of a county or the 13087
governing authorities of a municipality may each enter into an 13088
agreement with an enterprise operating a project as defined in 13089
Section 57-75-5(f)(iv)1, Section 57-75-5(f)(xxi), Section 13090
57-75-5(f)(xxii), Section 57-75-5(f)(xxviii), Section 13091
57-75-5(f)(xxix), Section 57-75-5(f)(xxxi), Section 13092
57-75-5(f)(xxxii) or Section 57-75-5(f)(xxxiii), providing that 13093
the county or municipality will not levy any taxes, fees or 13094
assessments upon the enterprise other than taxes, fees or 13095
assessments that are generally levied upon all taxpayers, or all 13096
other taxpayers in the taxing districts in which such project is 13097
located, and the board of supervisors or the governing authorities 13098
also may each enter into a fee-in-lieu agreement as provided in 13099
Section 27-31-104 and/or Section 27-31-105(2). Such agreements 13100
may be for a period not to exceed thirty (30) years, except that 13101
any fee-in-lieu agreement entered into under this section and 13102
Section 27-31-104 and/or Section 27-31-105(2) shall become 13103
effective upon its execution by the enterprise and the county 13104
board of supervisors and/or municipal governing authorities, as 13105
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the case may be, in accordance with Section 27-31-104, and 13106
continue in effect until all fee-in-lieu periods granted 13107
thereunder have expired; however, the period during which any 13108
fee-in-lieu may be granted under this section shall not exceed 13109
thirty (30) years, and no particular parcel of land, real property 13110
improvement or item of personal property shall be subject to a 13111
fee-in-lieu for a duration of more than ten (10) years. 13112
SECTION 208. Section 57-75-35, Mississippi Code of 1972, is 13113
brought forward as follows: 13114
57-75-35. The board of supervisors of a county or the 13115
governing authorities of a municipality may enter into an 13116
agreement with an enterprise operating a project as defined in 13117
Section 57-75-5(f)(iv)1, Section 57-75-5(f)(xxi) or 57-75-5 13118
(f)(xxii), providing that the board of supervisors or governing 13119
authorities will agree in advance to approve any request for 13120
exemption from ad valorem taxes submitted by a supplier of such 13121
enterprise in the manner provided by law and that any such 13122
exemption shall be for a period of ten (10) years. Such an 13123
agreement on the part of the board of supervisors or governing 13124
authorities may be for a period not to exceed twenty (20) years. 13125
SECTION 209. Section 57-75-37, Mississippi Code of 1972, is 13126
brought forward as follows: 13127
57-75-37. (1) (a) (i) Any county in which there is to be 13128
constructed a project as defined in Section 57-75-5(f)(xviii) is 13129
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authorized to assist in defraying the costs incurred or to be 13130
incurred by the enterprise establishing such project by: 13131
1. Contributing a sum of up to Five Million 13132
Dollars ($5,000,000.00) to such enterprise for use in connection 13133
with the construction of the project; and/or 13134
2. Lending a sum of up to Five Million 13135
Dollars ($5,000,000.00) upon such terms as the board of 13136
supervisors of such county and such enterprise may agree, the 13137
proceeds of which loan shall be used by such enterprise in 13138
connection with the construction or financing of the project. 13139
(ii) In order to provide the amounts set forth in 13140
paragraph (a)(i) of this subsection (1), any such county may 13141
appropriate monies from the county's general funds or provide such 13142
amounts from the proceeds of general obligation bonds, or any 13143
combination of the foregoing. Any such county may issue the bonds 13144
for such purpose pursuant to the procedures for the issuance of 13145
bonds under Chapter 9, Title 19, Mississippi Code of 1972, or 13146
Section 19-5-99. 13147
(b) The board of supervisors of any county may donate 13148
real property for use in the location, construction and/or 13149
operation of a project as defined under Section 57-75-5(f)(xviii) 13150
to one or more economic development authorities, economic 13151
development districts, industrial development authorities or 13152
similar public agencies created pursuant to state law that engage 13153
in economic or industrial development in the county, and any such 13154
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public agencies may accept such donation of real property from the 13155
county. Such public agencies also may transfer and convey among 13156
themselves, with or without consideration being paid or received, 13157
real property to be used in the location, construction and/or 13158
operation of such a project, and may accept such transfers or 13159
donations. 13160
(2) Any county or municipality in which there is to be 13161
constructed a project as defined in Section 57-75-5(f)(xxvi) or 13162
57-75-5(f)(xxvii) is authorized to: 13163
(a) Acquire the site for such project and contribute 13164
the site to the enterprise owning or operating the project; 13165
(b) Apply for grants and loans and utilize the proceeds 13166
of such grants and loans for infrastructure related to the 13167
project; and 13168
(c) Enter into a lease agreement with the enterprise 13169
owning or operating the project for a term not to exceed 13170
ninety-nine (99) years. 13171
(3) (a) As used in this subsection: 13172
(i) "Project" shall have the meaning ascribed to 13173
such term in Section 57-75-5(f)(xxviii). 13174
(ii) "Public agency" means the county in which the 13175
project is located, any municipality located in the county, and/or 13176
any economic development authority, economic development district, 13177
industrial development authority or similar public agency created 13178
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pursuant to state law that engages in economic or industrial 13179
development in the county or a municipality in the county. 13180
(b) Any county in which there is to be located a 13181
project is authorized to assist as provided in this paragraph in 13182
defraying the costs incurred or to be incurred by the enterprise 13183
establishing the project and any public agency in connection with 13184
the location, construction and/or operation of the project or any 13185
facilities or public infrastructure related to the project. The 13186
county may provide such assistance by contributing or lending any 13187
sum approved for such purpose by the board of supervisors of the 13188
county, upon such terms as the board of supervisors may agree, to 13189
the entity that directly or indirectly incurs or will incur such 13190
costs or as otherwise provided in paragraph (c) of this 13191
subsection. The proceeds of the contribution or loan shall be 13192
used by the recipient in connection with the location, 13193
construction and/or operation of the project or any facilities or 13194
public infrastructure related to the project. 13195
(c) In order to provide the amounts set forth in 13196
paragraph (b) of this subsection, any such county may appropriate 13197
monies from the county's general funds or provide such amounts 13198
from the proceeds of general obligation bonds, or any combination 13199
of the foregoing. Any such county may issue the bonds for such 13200
purpose pursuant to the procedures for the issuance of bonds under 13201
Chapter 9, Title 19, Mississippi Code of 1972, or Section 19-5-99. 13202
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(d) In any county in which there is to be located a 13203
project, the governing authorities of any public agency may: 13204
(i) Transfer and convey to the authority or the 13205
Mississippi Development Authority, with or without consideration 13206
being paid or received, any real and/or personal property for use 13207
in connection with the location, construction and/or operation of 13208
the project or any facilities or public infrastructure related to 13209
the project, and the authority and the Mississippi Development 13210
Authority may accept such transfers or donations; 13211
(ii) Transfer and convey among themselves, with or 13212
without consideration being paid or received, any real and/or 13213
personal property for use in connection with the location, 13214
construction and/or operation of a project or any facilities or 13215
public infrastructure related to the project, and may accept such 13216
transfers or donations; and 13217
(iii) Make grants or other contributions of funds 13218
to one another for use in connection with the location, 13219
construction and/or operation of such a project or any facilities 13220
or public infrastructure related to the project, and may accept 13221
such grants or contributions of funds. 13222
(e) In any county in which there is to be located a 13223
project, the person, entity or other agency seeking to acquire any 13224
real property to be used in connection with the location, 13225
construction and/or operation of the project, shall be exempt with 13226
respect to such property from the requirements of Section 13227
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43-37-3(1)(b) and (c) if the purchase price for such property 13228
equals the lowest price negotiated between the owner of the 13229
property and the person, agency or other entity seeking to acquire 13230
the property, and at which the owner of the property is willing to 13231
sell the property. 13232
(4) (a) As used in this subsection: 13233
(i) "Project" shall have the meaning ascribed to 13234
such term in Section 57-75-5(f)(xxix). 13235
(ii) "Public agency" means the county in which the 13236
project is located, any municipality located in the county, and/or 13237
any economic development authority, economic development district, 13238
industrial development authority or similar public agency created 13239
pursuant to state law that engages in economic or industrial 13240
development in the county or a municipality in the county. 13241
(iii) "Board of education" shall have the meaning 13242
ascribed to such term in Section 29-3-1.1. 13243
(iv) "Superintendent of education" shall have the 13244
meaning ascribed to such term in Section 29-3-1.1. 13245
(b) In any county in which there is to be located a 13246
project, any public agency is authorized to assist as provided in 13247
this paragraph in defraying the costs incurred or to be incurred 13248
by the enterprise establishing the project and/or any public 13249
agency in connection with the location, construction and/or 13250
operation of the project or any facilities or public 13251
infrastructure related to the project. Any such public agency may 13252
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provide such assistance by contributing or lending any sum 13253
approved for such purpose by the governing authority of such 13254
public agency, upon such terms as the governing authority of such 13255
public agency may agree, to the entity or public agency that 13256
directly or indirectly incurs or will incur such costs or as 13257
otherwise provided in paragraph (c) of this subsection. The 13258
proceeds of the contribution or loan shall be used by the 13259
recipient in connection with the location, construction and/or 13260
operation of the project or any facilities or public 13261
infrastructure related to the project, including, without 13262
limitation, to defray the costs of site preparation, utilities, 13263
real estate purchases, purchase options and improvements, 13264
infrastructure, roads, rail improvements, public works, job 13265
training, as well as planning, design and environmental impact 13266
studies with respect to a project, and any other expenses approved 13267
by any such public agency. 13268
(c) In order to provide the amounts set forth in 13269
paragraph (b) of this subsection: 13270
(i) Any such county may appropriate monies from 13271
the county's general funds or provide such amounts from the 13272
proceeds of general obligation bonds. Any such county may issue 13273
the bonds for such purpose pursuant to the procedures for the 13274
issuance of bonds under Chapter 9, Title 19, Mississippi Code of 13275
1972, Section 19-5-99 or in any other manner permitted by any 13276
local and private law or other general laws; and 13277
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(ii) Any public agency may borrow or accept grants 13278
of such amounts from the authority or the Mississippi Development 13279
Authority for such duration and upon such terms and conditions 13280
approved by the governing authority of such public agency and the 13281
authority or Mississippi Development Authority, as applicable. 13282
(d) In any county in which there is to be located a 13283
project, the governing authority of any public agency may: 13284
(i) Transfer and convey to the authority or the 13285
Mississippi Development Authority, with or without consideration 13286
being paid or received, any real and/or personal property for use 13287
in connection with the location, construction and/or operation of 13288
the project or any facilities or public infrastructure related to 13289
the project, and the authority and the Mississippi Development 13290
Authority may accept such transfers or donations; 13291
(ii) Transfer and convey among themselves, with or 13292
without consideration being paid or received, any real and/or 13293
personal property for use in connection with the location, 13294
construction and/or operation of a project or any facilities or 13295
public infrastructure related to the project, and may accept such 13296
transfers or donations; 13297
(iii) Make grants or other contributions of funds 13298
to: 13299
1. One another for use in connection with the 13300
location, construction and/or operation of such a project or any 13301
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facilities or public infrastructure related to the project, and 13302
may accept such grants or contributions of funds; and/or 13303
2. A local water association incorporated as 13304
a nonprofit corporation and located within such county for the 13305
purpose of defraying the costs incurred or to be incurred thereby 13306
in connection with water or wastewater-related infrastructure 13307
improvements, including an elevated water tank, located within the 13308
project area; and 13309
(iv) Make one or more periodic grants or other 13310
contributions of funds to an enterprise or affiliate thereof 13311
owning and/or operating a project in such amount or amounts 13312
approved by such governing authority, and enter into an agreement 13313
with such enterprise to make such periodic grants or other 13314
contributions of funds; however, the duration of any such 13315
obligation of the public agency to make such grants or other 13316
contributions shall not exceed thirty (30) years. 13317
(e) In any county in which there is to be located a 13318
project, the public agency seeking to acquire any real property to 13319
be used in connection with the location, construction and/or 13320
operation of the project, shall be exempt with respect to such 13321
property from the requirements of Section 43-37-3(1)(b) and (c) if 13322
the purchase price for such property equals the lowest price 13323
negotiated between the owner of the property and the public agency 13324
seeking to acquire the property, and at which the owner of the 13325
property is willing to sell the property, and any such public 13326
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agency is further authorized to procure an option to purchase any 13327
such real property for such purchase price authorized by this 13328
subsection for the lowest option payment at which the owner of the 13329
property is willing to grant such option. 13330
(f) In any county in which there is to be located a 13331
project, upon the sale of any sixteenth section lands for 13332
industrial purposes as provided by law for such project, the board 13333
of education controlling such lands, the superintendent of 13334
education and the Mississippi Development Authority, on behalf of 13335
the state, may sell and convey all minerals in, on and under any 13336
such lands for such consideration determined to be adequate by, 13337
and upon such terms and conditions prescribed by, such board of 13338
education, superintendent of education and the Mississippi 13339
Development Authority. 13340
(g) In any county in which there is to be located a 13341
project, the governing authority of the applicable public agency 13342
may enter into an agreement binding on future governing 13343
authorities, for any period not to exceed thirty (30) years to: 13344
(i) Waive any and all fees and expenses associated 13345
with building permits and privilege licenses required for the 13346
project; 13347
(ii) Establish and/or maintain a rate structure 13348
for water supplied to the project and wastewater received from the 13349
project, which shall be no higher than the lowest tariff prices 13350
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for such water and wastewater charged to any customer of equal or 13351
lesser volume located within the boundaries of the public agency; 13352
(iii) Provide firefighting, hazardous materials 13353
emergency response, technical rescue and medical response 13354
assistance to the enterprise owning or operating the project; and 13355
(iv) Require any contractor hired by the public 13356
agency for purposes of entering onto the project site for such 13357
project to perform work-related to the provision of water supply 13358
or wastewater services, to procure customary liability insurance 13359
designating the enterprise owning or operating the project as an 13360
additional insured and to contractually indemnify such enterprise 13361
for any losses incurred by the enterprise as a result of such 13362
contractor's negligence and/or willful acts or omissions arising 13363
from the contractor's entry upon such project site. 13364
(5) (a) As used in this subsection: 13365
(i) "Project" shall have the meaning ascribed to 13366
such term in Section 57-75-5(f)(xxxi). 13367
(ii) "Public agency" means the county in which the 13368
project is located, any municipality located in the county, and/or 13369
any economic development authority, economic development district, 13370
industrial development authority, port authority or airport 13371
authority or similar public agency created pursuant to state law. 13372
(iii) "Board of education" shall have the meaning 13373
ascribed to such term in Section 29-3-1.1. 13374
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(iv) "Superintendent of education" shall have the 13375
meaning ascribed to such term in Section 29-3-1.1. 13376
(b) In any county in which there is to be located a 13377
project, any public agency is authorized to assist as provided in 13378
this paragraph in defraying the costs incurred or to be incurred 13379
by the enterprise establishing the project and/or any public 13380
agency in connection with the location, construction and/or 13381
operation of the project or any facilities or public 13382
infrastructure related to the project. Any such public agency may 13383
provide such assistance by contributing or lending any sum 13384
approved for such purpose by the governing authority of such 13385
public agency, upon such terms as the governing authority of such 13386
public agency may agree, to the entity or public agency that 13387
directly or indirectly incurs or will incur such costs or as 13388
otherwise provided in paragraph (c) of this subsection. The 13389
proceeds of the contribution or loan shall be used by the 13390
recipient in connection with the location, construction and/or 13391
operation of the project or any facilities or public 13392
infrastructure related to the project, including, without 13393
limitation, to defray the costs of site preparation, utilities, 13394
real estate purchases, purchase options and improvements, 13395
infrastructure, roads, rail improvements, public works, job 13396
training, as well as planning, design and environmental impact 13397
studies with respect to a project, and any other expenses approved 13398
by any such public agency. 13399
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(c) In order to provide the amounts set forth in 13400
paragraph (b) of this subsection: 13401
(i) Any such county may appropriate monies from 13402
the county's general funds or provide such amounts from the 13403
proceeds of general obligation bonds. Any such county may issue 13404
the bonds for such purpose pursuant to the procedures for the 13405
issuance of bonds under Chapter 9, Title 19, Mississippi Code of 13406
1972, Section 19-5-99 or in any other manner permitted by any 13407
local and private law or other general laws; and 13408
(ii) Any public agency may borrow or accept grants 13409
of such amounts from the authority or the Mississippi Development 13410
Authority for such duration and upon such terms and conditions 13411
approved by the governing authority of such public agency and the 13412
authority or Mississippi Development Authority, as applicable. 13413
(d) In any county in which there is to be located a 13414
project, the governing authorities of public agencies may: 13415
(i) Transfer and convey among themselves, with or 13416
without consideration being paid or received, any real and/or 13417
personal property for use in connection with the location, 13418
construction and/or operation of a project or any facilities or 13419
public infrastructure related to the project, and may accept such 13420
transfers or donations; 13421
(ii) Make grants or other contributions of funds 13422
to one another for use in connection with the location, 13423
construction and/or operation of such a project or any facilities 13424
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or public infrastructure related to the project, and may accept 13425
such grants or contributions of funds; and 13426
(iii) Make one or more grants or other 13427
contributions of funds to an enterprise or affiliate thereof 13428
owning and/or operating a project in such amount or amounts 13429
approved by such governing authority, and enter into an agreement 13430
with such enterprise to make such grants or other contributions of 13431
funds; however, the duration of any such obligation of the public 13432
agency to make such grants or other contributions shall not exceed 13433
thirty (30) years. 13434
(e) In any county in which there is to be located a 13435
project, the public agency seeking to acquire any real property to 13436
be used in connection with the location, construction and/or 13437
operation of the project, shall be exempt with respect to such 13438
property from the requirements of Section 43-37-3(1)(b) and (c) if 13439
the purchase price for such property equals the lowest price 13440
negotiated between the owner of the property and the public agency 13441
seeking to acquire the property, and at which the owner of the 13442
property is willing to sell the property, and any such public 13443
agency is further authorized to procure an option to purchase any 13444
such real property for such purchase price authorized by this 13445
subsection for the lowest option payment at which the owner of the 13446
property is willing to grant such option. 13447
(f) In any county in which there is to be located a 13448
project, upon the sale of land owned by an industrial development 13449
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authority, port authority or airport authority for industrial 13450
purposes as provided by law for such project, the governing 13451
authorities controlling such lands may sell and convey all 13452
minerals in, on and under any such lands for such consideration 13453
determined to be adequate by, and upon such terms and conditions 13454
prescribed by, such governing authority or may otherwise enter 13455
into a written agreement with the enterprise owning and/or 13456
operating such project pursuant to which such governing authority 13457
of the industrial development authority, port authority or airport 13458
authority, as the case may be, may agree to perpetually refrain 13459
from using the surface of such land upon which the project is 13460
located to access any minerals located thereunder in which such 13461
public agency has a retained ownership interest. Any such written 13462
agreement shall be binding upon future governing authorities. 13463
(g) In any county in which there is to be located a 13464
project, the governing authority of the applicable public agency 13465
may enter into an agreement binding on future governing 13466
authorities, for any period not to exceed thirty (30) years to: 13467
(i) Waive any and all fees and expenses associated 13468
with building permits and privilege licenses required for the 13469
project; 13470
(ii) Establish and/or maintain a rate structure 13471
for water supplied to the project and wastewater received from the 13472
project, which shall be no higher than the lowest tariff prices 13473
for such water and wastewater charged to any customer of equal or 13474
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lesser volume located within the boundaries of the public agency; 13475
and 13476
(iii) Require any contractor hired by the public 13477
agency for purposes of entering onto the project site for such 13478
project to perform work related to the provision of water supply 13479
or wastewater services, to procure customary liability insurance 13480
designating the enterprise owning or operating the project as an 13481
additional insured and to contractually indemnify such enterprise 13482
for any losses incurred by the enterprise as a result of such 13483
contractor's negligence and/or willful acts or omissions arising 13484
from the contractor's entry upon such project site. 13485
(6) (a) As used in this subsection: 13486
(i) "Project" shall have the meaning ascribed to 13487
such term in Section 57-75-5(f)(xxxii). 13488
(ii) "Public agency" means the county in which the 13489
project is located, any municipality located in the county, and/or 13490
any economic development authority, economic development district, 13491
industrial development authority, port authority, airport 13492
authority, public utility or similar public agency created 13493
pursuant to state law. 13494
(b) In any county in which there is to be located a 13495
project, any public agency is authorized to assist as provided in 13496
this paragraph in defraying the costs incurred or to be incurred 13497
by the enterprise establishing the project and/or any public 13498
agency in connection with the location, construction and/or 13499
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operation of the project or any facilities or public 13500
infrastructure related to the project. Any such public agency may 13501
provide such assistance by contributing or lending any sum 13502
approved for such purpose by the governing authority of such 13503
public agency, upon such terms as the governing authority of such 13504
public agency may agree, to the entity or public agency that 13505
directly or indirectly incurs or will incur such costs or as 13506
otherwise provided in paragraph (c) of this subsection. The 13507
proceeds of the contribution or loan shall be used by the 13508
recipient in connection with the location, construction and/or 13509
operation of the project or any facilities or public 13510
infrastructure related to the project, including, without 13511
limitation, to defray the costs of site preparation, utilities, 13512
real estate purchases, purchase options and improvements, 13513
infrastructure, roads, rail improvements, public works, job 13514
training, as well as planning, design and environmental impact 13515
studies with respect to a project, and any other expenses approved 13516
by any such public agency. Any such public agency may 13517
alternatively provide such assistance by undertaking the 13518
acquisition of real and/or personal property, or interests 13519
therein, with respect to, and the design, engineering, 13520
construction and installation of, any facilities or public 13521
infrastructure related to the project regardless of whether it is 13522
authorized by applicable statutes to operate such facilities or 13523
public infrastructure and/or provide any utility services 13524
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therefrom following the completion thereof; provided that, if the 13525
public agency is authorized by applicable statutes to operate such 13526
facilities or public infrastructure following the completion 13527
thereof, such public agency may transfer, and if the public agency 13528
is not authorized by applicable statutes to operate such 13529
facilities or public infrastructure and/or provide any utility 13530
services therefrom following the completion thereof, the public 13531
agency shall transfer, such facilities or public infrastructure to 13532
another public agency that is authorized by applicable statutes to 13533
operate such facilities or public infrastructure and/or provide 13534
any utility services therefrom. 13535
(c) In order to provide the amounts or otherwise 13536
perform any permitted actions set forth in paragraph (b) of this 13537
subsection: 13538
(i) Any such county may appropriate monies from 13539
the county's general funds or provide such amounts from the 13540
proceeds of general obligation bonds or other indebtedness 13541
permitted by any local and private law or other general laws. Any 13542
such county may issue the bonds for such purpose pursuant to the 13543
procedures for the issuance of bonds under Chapter 9, Title 19, 13544
Mississippi Code of 1972, Section 19-5-99 or in any other manner 13545
permitted by any local and private law or other general laws; and 13546
(ii) Any public agency may borrow or accept grants 13547
or other funds of such amounts from the authority or the 13548
Mississippi Development Authority for such duration and upon such 13549
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terms and conditions approved by the governing authority of such 13550
public agency and the authority or Mississippi Development 13551
Authority, as applicable. 13552
(iii) Any such county may enter into one or more 13553
agreements with the authority or Mississippi Development Authority 13554
approved by the board of supervisors of the county and, as 13555
applicable, to remit to the authority or Mississippi Development 13556
Authority, as applicable, on an annual or other periodic basis for 13557
a duration up to thirty (30) years, a portion of any fee-in-lieu 13558
of ad valorem taxes, together with a portion of any county ad 13559
valorem taxes, derived from the project. Any such written 13560
agreement shall be binding upon future boards of supervisors of 13561
the county. 13562
(d) In any county in which there is to be located a 13563
project, the governing authorities of public agencies may: 13564
(i) Transfer and convey among themselves, or to 13565
the authority, the Mississippi Development Authority, the 13566
Mississippi Department of Transportation or any other state 13567
agency, with or without consideration being paid or received, any 13568
real and/or personal property for use in connection with the 13569
location, construction and/or operation of a project or any 13570
facilities or public infrastructure related to the project, and 13571
may accept such transfers or donations; 13572
(ii) Make grants or other contributions of funds 13573
to any public agency and/or any local water association 13574
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incorporated as a nonprofit corporation and located within such 13575
county for the purpose of defraying the costs incurred or to be 13576
incurred thereby in connection with water or wastewater-related 13577
infrastructure improvements, including one or more water tanks, 13578
related to the project, and/or undertake the acquisition of real 13579
and/or personal property, or interests therein, with respect to, 13580
and the design, engineering, construction and installation of, any 13581
water or wastewater-related infrastructure, including one or more 13582
water tanks, related to the project, and thereafter transfer and 13583
convey to any other public agency and/or any local water 13584
association any real and/or personal property for use in 13585
connection with water or wastewater-related infrastructure 13586
improvements, including one or more water tanks, related to the 13587
project, in consideration solely of the acceptance by the public 13588
agency and/or the local water association, as applicable, of such 13589
improvements and its agreement to operate the improvements to 13590
provide water or wastewater-related services to the project; 13591
(iii) Make grants or other contributions of funds 13592
to a municipality located within such county for the purpose of 13593
defraying the costs incurred or to be incurred thereby in 13594
connection with natural gas-related infrastructure improvements 13595
related to the project, and/or undertake the acquisition of real 13596
and/or personal property, or interests therein, with respect to, 13597
and the design, engineering, construction and installation of, any 13598
natural gas-related infrastructure improvements related to the 13599
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project, and thereafter transfer and convey to any such 13600
municipality any real and/or personal property for use in 13601
connection with natural gas-related infrastructure improvements 13602
related to the project, in consideration solely of the acceptance 13603
by the municipality of such improvements and its agreement to 13604
operate the improvements to provide natural gas-related services 13605
to the project; 13606
(iv) Make grants or other contributions of funds 13607
to one another, or to the authority, the Mississippi Development 13608
Authority, the Mississippi Department of Transportation or any 13609
other state agency, for use in connection with the location, 13610
construction and/or operation of such a project or any facilities 13611
or public infrastructure related to the project, and may accept 13612
such grants or contributions of funds; 13613
(v) Make one or more grants or other contributions 13614
of funds to an enterprise or affiliate thereof owning and/or 13615
operating a project in such amount or amounts approved by such 13616
governing authority, and enter into an agreement with such 13617
enterprise that is binding on future governing authorities to make 13618
such grants or other contributions of funds; however, the duration 13619
of any such obligation of the public agency to make such grants or 13620
other contributions shall not exceed thirty (30) years; and 13621
(vi) Provide firefighting, hazardous materials 13622
emergency response, technical rescue and medical response 13623
assistance to the enterprise owning or operating the project, and 13624
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enter into an agreement binding on future governing authorities 13625
with such enterprise to provide such firefighting, hazardous 13626
materials emergency response, technical rescue and medical 13627
response assistance for a term not to exceed thirty (30) years, to 13628
be determined by the governing authority of the public agency 13629
entering into such agreement. 13630
(e) In any county in which there is to be located a 13631
project, the public agency seeking to acquire any real property to 13632
be used in connection with the location, construction and/or 13633
operation of the project or any facilities or public 13634
infrastructure related to the project, shall be exempt with 13635
respect to such property from the requirements of Section 13636
43-37-3(1)(b) and (c) if the purchase price for such property 13637
equals the lowest price negotiated between the owner of the 13638
property and the public agency seeking to acquire the property, 13639
and at which the owner of the property is willing to sell the 13640
property, and any such public agency is further authorized to 13641
procure an option to purchase any such real property for such 13642
purchase price authorized by this subsection for the lowest option 13643
payment at which the owner of the property is willing to grant 13644
such option. 13645
(f) In any county in which there is to be located a 13646
project, upon the conveyance or other disposition of land owned by 13647
a public agency for industrial purposes as provided by law for 13648
such project, the governing authority of the public agency 13649
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controlling such lands may enter into a written agreement with the 13650
enterprise owning and/or operating such project pursuant to which 13651
such governing authority may agree to perpetually refrain from 13652
using the surface of such land upon which the project is located 13653
to access any minerals located thereunder in which such public 13654
agency has a retained ownership interest. Any such written 13655
agreement shall be binding upon future governing authorities. 13656
(g) In any county in which there is to be located a 13657
project, the governing authority of the applicable public agency 13658
may enter into an agreement binding on future governing 13659
authorities, for any period not to exceed thirty (30) years to: 13660
(i) Waive any and all fees and expenses associated 13661
with building permits and privilege licenses required for the 13662
project; 13663
(ii) Establish and/or maintain a rate structure 13664
for water and natural gas supplied to the project and wastewater 13665
received from the project, which shall be no higher than the 13666
lowest tariff prices for such water, natural gas and wastewater 13667
charged to any customer of equal or lesser volume located within 13668
the boundaries of the public agency; and 13669
(iii) Require any contractor hired by the public 13670
agency for purposes of entering onto the project site for such 13671
project to perform work related to the provision of water or 13672
natural gas supply or wastewater services, to procure customary 13673
liability insurance designating the enterprise owning or operating 13674
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the project as an additional insured and to contractually 13675
indemnify such enterprise for any losses incurred by the 13676
enterprise as a result of such contractor's negligence and/or 13677
willful acts or omissions arising from the contractor's entry upon 13678
such project site. 13679
(7) (a) As used in this subsection: 13680
(i) "Project" shall have the meaning ascribed to 13681
such term in Section 57-75-5(f)(xxxiii). 13682
(ii) "Public agency" means the county in which the 13683
project is located, any municipality located in the county, and/or 13684
any economic development authority, economic development district, 13685
industrial development authority, port authority, airport 13686
authority, public utility or similar public agency created 13687
pursuant to state law. 13688
(iii) "Board of education" shall have the meaning 13689
ascribed to such term in Section 29-3-1.1. 13690
(iv) "Superintendent of education" shall have the 13691
meaning ascribed to such term in Section 29-3-1.1. 13692
(b) In any county in which there is to be located a 13693
project, any public agency is authorized to assist as provided in 13694
this paragraph in defraying the costs incurred or to be incurred 13695
by the enterprise establishing the project and/or any public 13696
agency in connection with the location, construction and/or 13697
operation of the project or any facilities or public 13698
infrastructure related to the project. Any such public agency may 13699
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provide such assistance by contributing or lending any sum 13700
approved for such purpose by the governing authority of such 13701
public agency, upon such terms as the governing authority of such 13702
public agency may agree, to the entity or public agency that 13703
directly or indirectly incurs or will incur such costs or as 13704
otherwise provided in paragraph (c) of this subsection. The 13705
proceeds of the contribution or loan shall be used by the 13706
recipient in connection with the location, construction and/or 13707
operation of the project or any facilities or public 13708
infrastructure related to the project, including, without 13709
limitation, to defray the costs of site preparation, utilities, 13710
real estate purchases, purchase options and improvements, 13711
infrastructure, roads, rail improvements, public works, job 13712
training, as well as planning, design and environmental impact 13713
studies with respect to a project, and any other expenses approved 13714
by any such public agency. Any such public agency may 13715
alternatively provide such assistance by undertaking the 13716
acquisition of real and/or personal property, or interests 13717
therein, with respect to, and the design, engineering, 13718
construction and installation of, any facilities or public 13719
infrastructure related to the project regardless of whether it is 13720
the public agency authorized by applicable statutes to operate 13721
such facilities or public infrastructure and/or provide any 13722
utility services therefrom following the completion thereof; 13723
provided that, if the public agency is authorized by applicable 13724
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statutes to operate such facilities or public infrastructure 13725
following the completion thereof, such public agency may transfer, 13726
and if the public agency is not authorized by applicable statutes 13727
to operate such facilities or public infrastructure and/or provide 13728
any utility services therefrom following the completion thereof, 13729
the public agency shall transfer such facilities or public 13730
infrastructure to another public agency that is authorized by 13731
applicable statutes to operate such facilities or public 13732
infrastructure and/or provide any utility services therefrom. 13733
(c) In order to provide the amounts or otherwise 13734
perform any permitted actions set forth in paragraph (b) of this 13735
subsection: 13736
(i) Any such county may appropriate monies from 13737
the county's general fund or provide such amounts from the 13738
proceeds of general obligation bonds or other indebtedness 13739
permitted by any local and private law or other general laws. Any 13740
such county may issue the bonds for such purpose pursuant to the 13741
procedures for the issuance of bonds under Title 19, Chapter 9, 13742
Mississippi Code of 1972, Section 19-5-99 or in any other manner 13743
permitted by any local and private law or other general laws; 13744
(ii) Any public agency may borrow or accept grants 13745
or other funds of such amounts from the authority or the 13746
Mississippi Development Authority for such duration and upon such 13747
terms and conditions approved by the governing authority of such 13748
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public agency and the authority or Mississippi Development 13749
Authority, as applicable; and 13750
(iii) Any such county and/or municipality may 13751
enter into one or more agreements with the authority or 13752
Mississippi Development Authority approved by the board of 13753
supervisors of such county and/or the governing authority of such 13754
municipality, as applicable, to remit to the authority or 13755
Mississippi Development Authority, as applicable, on an annual or 13756
other periodic basis for a duration up to thirty (30) years, a 13757
portion of any fee-in-lieu of ad valorem taxes, together with a 13758
portion of any ad valorem taxes that the county and/or 13759
municipality derives from the project. Any such written agreement 13760
shall be binding upon future governing authorities of the county 13761
and/or municipality, as applicable. 13762
(d) In any county in which there is to be located a 13763
project, the governing authorities of public agencies may: 13764
(i) Transfer and convey among themselves, or to 13765
the authority, the Mississippi Development Authority, the 13766
Mississippi Department of Transportation or any other state 13767
agency, with or without consideration being paid or received, any 13768
real and/or personal property for use in connection with the 13769
location, construction and/or operation of a project or any 13770
facilities or public infrastructure related to the project, and 13771
may accept such transfers or donations; 13772
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(ii) Make grants or other contributions of funds 13773
to any public agency and/or any local water association 13774
incorporated as a nonprofit corporation and located within such 13775
county for the purpose of defraying the costs incurred or to be 13776
incurred thereby in connection with water or wastewater-related 13777
infrastructure improvements, including one or more water tanks, 13778
related to the project, and/or undertake the acquisition of real 13779
and/or personal property, or interests therein, with respect to, 13780
and the design, engineering, construction and installation of, any 13781
water or wastewater-related infrastructure, including one or more 13782
water tanks, related to the project, and thereafter transfer and 13783
convey to any other public agency and/or any local water 13784
association any real and/or personal property for use in 13785
connection with water or wastewater-related infrastructure 13786
improvements, including one or more water tanks, related to the 13787
project, in consideration solely of the acceptance by the public 13788
agency and/or the local water association, as applicable, of such 13789
improvements and its agreement to operate the improvements to 13790
provide water or wastewater-related services to the project; 13791
(iii) Make grants or other contributions of funds 13792
to one another, or to the authority, the Mississippi Development 13793
Authority, the Mississippi Department of Transportation or any 13794
other state agency, for use in connection with the location, 13795
construction and/or operation of such a project or any facilities 13796
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or public infrastructure related to the project, and may accept 13797
such grants or contributions of funds; 13798
(iv) Make one or more grants or other 13799
contributions of funds to an enterprise or affiliate thereof 13800
owning and/or operating a project in such amount or amounts 13801
approved by such governing authority, and enter into an agreement 13802
with such enterprise that is binding on future governing 13803
authorities to make such grants or other contributions of funds; 13804
however, the duration of any such obligation of the public agency 13805
to make such grants or other contributions shall not exceed thirty 13806
(30) years; and 13807
(v) Provide firefighting, hazardous materials 13808
emergency response, technical rescue and medical response 13809
assistance to the enterprise owning or operating the project, and 13810
enter into an agreement binding on future governing authorities 13811
with such enterprise to provide such firefighting, hazardous 13812
materials emergency response, technical rescue and medical 13813
response assistance for a term not to exceed thirty (30) years, to 13814
be determined by the governing authority of the public agency 13815
entering into such agreement. 13816
(e) In any county in which there is to be located a 13817
project, the public agency seeking to acquire any real property to 13818
be used in connection with the location, construction and/or 13819
operation of the project or any facilities or public 13820
infrastructure related to the project, shall be exempt with 13821
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respect to such property from the requirements of Section 13822
43-37-3(1)(b) and (c) if the purchase price for such property 13823
equals the lowest price negotiated between the owner of the 13824
property and the public agency seeking to acquire the property, 13825
and at which the owner of the property is willing to sell the 13826
property, and any such public agency is further authorized to 13827
procure an option to purchase any such real property for such 13828
purchase price authorized by this subsection for the lowest option 13829
payment at which the owner of the property is willing to grant 13830
such option. 13831
(f) In any county in which there is to be located a 13832
project: 13833
(i) Upon the conveyance or other disposition of 13834
land owned by a public agency for industrial purposes as provided 13835
by law for such project, the governing authority of the public 13836
agency controlling such lands may enter into a written agreement 13837
with the enterprise owning and/or operating such project pursuant 13838
to which such governing authority may agree to perpetually refrain 13839
from using the surface of such land upon which the project is 13840
located to access any minerals located thereunder in which such 13841
public agency has a retained ownership interest. Any such written 13842
agreement shall be binding upon future governing authorities. 13843
(ii) Upon the sale of any sixteenth section lands 13844
for industrial purposes as provided by law for such project, the 13845
board of education controlling such lands, the superintendent of 13846
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education and the Mississippi Development Authority, acting in 13847
concert on behalf of the state, may sell and convey all minerals 13848
in, on and under any such lands for such consideration determined 13849
to be adequate by, and upon such terms and conditions prescribed 13850
by, the board of education, the superintendent of education and 13851
the Mississippi Development Authority, or may otherwise enter into 13852
a written agreement with the enterprise owning or operating such 13853
project pursuant to which the board of education, the 13854
superintendent of education and the Mississippi Development 13855
Authority may agree to perpetually refrain from using the surface 13856
of such sixteenth section land upon which the project is located 13857
to access any minerals located thereunder in which the state has a 13858
retained ownership interest. Any such written agreement shall be 13859
binding upon future governing authorities. 13860
(g) In any county in which there is to be located a 13861
project, the governing authority of the applicable public agency 13862
may enter into an agreement binding on future governing 13863
authorities, for any period not to exceed thirty (30) years, to: 13864
(i) Waive or reduce any fees and expenses 13865
associated with building permits and privilege licenses required 13866
for the project; 13867
(ii) Establish and/or maintain a rate structure 13868
for potable water to the project, nonpotable and treated, 13869
reclaimed wastewater supplied to the project for nonpotable 13870
purposes, and wastewater received from the project, which rates 13871
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shall be established and/or maintained, as applicable, in the 13872
manner prescribed by state law and the local tariffs of the public 13873
agency providing such water and accepting such wastewater; and 13874
(iii) Require any contractor hired by the public 13875
agency for purposes of entering onto the project site for such 13876
project to perform work related to the provision of water or 13877
wastewater services, to procure customary liability insurance 13878
designating the enterprise owning or operating the project as an 13879
additional insured and to contractually indemnify such enterprise 13880
for any losses incurred by the enterprise as a result of such 13881
contractor's negligence and/or willful acts or omissions arising 13882
from the contractor's entry upon such project site. 13883
(h) In any county in which there is to be located a 13884
project, the governing authority of any public agency accepting 13885
and treating wastewater from the project may provide and sell to 13886
any public agency providing water to the project treated, 13887
reclaimed wastewater supplied for nonpotable purposes for resale 13888
by such public agency providing water to the project to any 13889
enterprise or affiliate thereof owning and/or operating the 13890
project or any portion thereof for use in the operation of the 13891
project for cooling or other exclusively nonpotable purposes. 13892
Such public agencies may enter into an agreement binding on future 13893
governing authorities thereof, for any period designated thereby, 13894
to memorialize the terms and conditions of the provision, sale and 13895
use of treated, reclaimed wastewater supplied for nonpotable 13896
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purposes to the project, including, but not limited to, the rates 13897
applicable for such reclaimed wastewater supplied for nonpotable 13898
purposes. 13899
(8) The powers and authority granted in this section are an 13900
additional, alternative and supplemental method for doing the 13901
things authorized by this section and are additional and 13902
supplemental to, and not in derogation of, any other powers 13903
conferred by law. 13904
SECTION 210. Section 59-5-37, Mississippi Code of 1972, is 13905
brought forward as follows: 13906
59-5-37. (1) The board or State Port Authority, in the 13907
performance of its duties, may employ such personnel and make all 13908
contracts and purchases incidental to or necessary for the 13909
advancement, promotion, development, establishment, insurance, 13910
maintenance, repair, improvement and operation of any ports, 13911
harbors, rivers, channels and waterways including, if required for 13912
its protection, retirement benefits, workers' compensation 13913
insurance and other employee benefits for the benefit of any 13914
employees of the board or State Port Authority. The board or 13915
State Port Authority may establish a trade development and 13916
promotion account to pay all direct and necessary expenses for the 13917
promotion and development of the state port. The authority is 13918
granted the power to sue and be sued in its own name. 13919
(2) (a) The board or State Port Authority may, in its 13920
discretion, make such contracts or purchases according to the 13921
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state purchasing laws. Contracts let for any port, harbor, river, 13922
channel or waterway improvements shall be advertised as required 13923
by law for the letting of public contracts, and such contracts 13924
shall be awarded to the lowest and best bidder who shall make bond 13925
as shall be required by the board or State Port Authority 13926
conditioned for the faithful prosecution and completion of work 13927
according to such contracts, such bond to be furnished by a 13928
corporate surety company qualified to do business in this state. 13929
However, the board may negotiate and enter into contracts with 13930
responsible lessees for the construction of facilities by lessees, 13931
such as those referred to in Section 59-5-11, and the acquisition 13932
thereof by the board upon such terms and conditions and for such 13933
amount as may be approved by the board. 13934
(b) The State Port Authority shall be considered to be 13935
a "governing authority" under the state public purchasing laws as 13936
that term is defined in Section 31-7-1 and used in Sections 31-7-1 13937
through 31-7-73, and shall not be subject to the jurisdiction of 13938
the Department of Finance and Administration, the Public 13939
Procurement Review Board or the Bureau of Building, Grounds and 13940
Real Property Management under the provisions of Sections 13941
27-104-7, 29-5-2 and 31-11-3. 13942
(3) (a) The board or State Port Authority, in its 13943
discretion, may use the design-build method of contracting for the 13944
renovation, repair and/or making of other improvements to not more 13945
than one (1) freezer and related equipment and/or facilities at 13946
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the State Port at Gulfport, Mississippi. Notwithstanding any 13947
other provision of law to the contrary, any port or port 13948
commission may use the design-build method of contracting for the 13949
renovation, repair and/or making of other improvements to 13950
equipment and/or facilities at the port. For the purposes of this 13951
subsection (3), the term "design-build method of contracting" 13952
means a contract that combines the design and construction phases 13953
of a project into a single contract and the contractor is required 13954
to satisfactorily perform, at a minimum, both the design and 13955
construction of the project. 13956
(b) This subsection (3) shall stand repealed from and 13957
after July 1, 2027. 13958
SECTION 211. Section 59-9-25, Mississippi Code of 1972, is 13959
brought forward as follows: 13960
59-9-25. The board of supervisors of such county, acting 13961
through its county port authority, and the governing authorities 13962
of the municipality in which the port of entry is located, acting 13963
through its port commission, may, in their discretion and acting 13964
jointly, enter into a contract or contracts for the development, 13965
construction, repair, maintenance or operation of any seaports, 13966
wharves, piers, docks, ways, elevators, compresses, warehouses, 13967
tourism facilities, service facilities, roadways, floating dry 13968
docks, graving docks, marine railways, tugboats, and water, air 13969
and rail terminals and other structures, facilities and lands 13970
needful for the convenient use of the same in the aid of commerce, 13971
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or any other property at the port of entry under the joint 13972
jurisdiction of said county port authority and such port 13973
commission under such terms and conditions as both bodies may deem 13974
best economically to the city and county wherein the port of entry 13975
is located. In the letting of contracts, and in advertisement for 13976
bids thereon, for the development, construction, repair, 13977
maintenance or operation of any structures, facilities and lands 13978
acquired pursuant to any of the provisions of this chapter, the 13979
said board of supervisors, the governing authorities of the said 13980
municipality, the county port authority and the municipal port 13981
commission shall comply with all the requirements of the general 13982
laws of the State of Mississippi governing the advertisement for 13983
bids and letting of contracts by county boards of supervisors. 13984
However, where the rentals provided in a lease will be sufficient 13985
to fully retire the cost of the particular facility, contracts for 13986
the construction, repair, maintenance and operation of the 13987
facility may be negotiated and consummated with the lessee of the 13988
facility without the necessity of advertising and obtaining 13989
competitive bids therefor. The county port authority is given 13990
full power and authority to employ engineers, attorneys and other 13991
professional and technical assistance in and about the operations, 13992
development and advancement of harbors and ports of such county, 13993
and to pay reasonable compensation therefor, such employment and 13994
compensation therefor to be approved by the board of supervisors 13995
of such county. The county port authority, and the port 13996
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commission of the port of entry are jointly vested with the power 13997
and authority herein conferred, subject to the approval of the 13998
board of supervisors and the governing authorities of the 13999
municipality of all joint undertakings of such county port 14000
authority and port commission. 14001
SECTION 212. Section 59-17-31, Mississippi Code of 1972, is 14002
brought forward as follows: 14003
59-17-31. The board or the State Inland Port Authority, in 14004
the performance of its duties, may employ such personnel and make 14005
all contracts and purchases incidental to or necessary for the 14006
advancement, promotion, development, establishment, insurance, 14007
maintenance, repair, improvement and operation of any ports, 14008
harbors, rivers, channels and waterways, including, if required 14009
for its protection, retirement benefits, workers' compensation 14010
insurance and other employee benefits for the benefit of any 14011
employees of the board or State Inland Port Authority. The board 14012
or State Inland Port Authority shall make such contracts or 14013
purchases in accordance with state purchasing laws. Contracts let 14014
for any port, harbor, river, channel or waterway improvements 14015
shall be advertised as required by law for the letting of public 14016
contracts, and such contracts shall be awarded to the lowest and 14017
best bidder, who shall make such bond as shall be required by the 14018
board or State Inland Port Authority, conditioned for the faithful 14019
prosecution and completion of the work according to such contract, 14020
such bond to be furnished by a corporate surety company qualified 14021
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to do business in this state. However, the board may negotiate 14022
and enter into contracts with responsible lessees for the 14023
construction of facilities by lessees, such as those referred to 14024
in Section 59-17-13, Mississippi Code of 1972, and the acquisition 14025
thereof by the board upon such terms and conditions and for such 14026
amounts as may be approved by the board. Where the rentals 14027
provided in the lease will be sufficient to fully repay the cost 14028
of the particular facility or where the monetary consideration for 14029
a deed is sufficient to fully repay the cost of land acquired for 14030
industrial operations described in the deed, contracts for 14031
construction, repairs, maintenance and operation of the facility 14032
or for the sale of the land may be negotiated and consummated 14033
without the necessity of advertising and obtaining competitive 14034
bids therefor. 14035
The authority is granted the power to sue and be sued in its 14036
own name. 14037
SECTION 213. Section 61-13-1, Mississippi Code of 1972, is 14038
brought forward as follows: 14039
61-13-1. The Department of Finance and Administration of the 14040
State of Mississippi is authorized and empowered to purchase or 14041
lease, operate and maintain nonmilitary aircraft for use by the 14042
Governor's Office, state departments, agencies, boards and 14043
commissions, the Legislature, its officers and employees, all 14044
under the general direction of the Department of Finance and 14045
Administration. 14046
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SECTION 214. Section 61-13-5, Mississippi Code of 1972, is 14047
brought forward as follows: 14048
61-13-5. The purchase of aircraft to be used for the purpose 14049
in this chapter shall be in compliance with Sections 31-7-1 14050
through 31-7-21. The Department of Finance and Administration is 14051
hereby exempt from the requirements of Section 27-104-7(2)(f) when 14052
procuring aircraft maintenance, parts, equipment and/or services. 14053
It shall be the responsibility of the Executive Director of the 14054
Department of Finance and Administration to ensure commercially 14055
reasonable practices, including competitive pricing and superb 14056
industry maintenance standards. The selection process of 14057
maintenance facility shall consider: their capability and 14058
experience, the scope of work, the cost, and the length of time 14059
the aircraft will be out of service. The process undertaken by 14060
the Department of Finance and Administration for procurement of 14061
the maintenance facility shall be reported to the Public 14062
Procurement Review Board. 14063
SECTION 215. Section 63-11-47, Mississippi Code of 1972, is 14064
brought forward as follows: 14065
63-11-47. The Commissioner of Public Safety, acting in 14066
concert with the Mississippi Forensics Laboratory created pursuant 14067
to Section 45-1-17, is hereby expressly authorized and directed to 14068
determine the equipment and supplies which are adequate and 14069
necessary from both a medical and law enforcement standpoint for 14070
administration of this chapter. The Commissioner of Public 14071
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Safety, upon receiving such recommendation from the Mississippi 14072
Forensics Laboratory, shall recommend an equipment standard for 14073
such equipment to the Department of Finance and Administration. 14074
The Department of Finance and Administration, using such a uniform 14075
standard for said equipment, shall advertise its intention of 14076
purchasing said equipment by one (1) publication in at least one 14077
(1) newspaper having general circulation in the State of 14078
Mississippi at least ten (10) days before the purchase of such 14079
equipment and supplies, and the advertisement shall clearly and 14080
distinctly describe the articles to be purchased, and shall 14081
receive sealed bids thereon which shall be opened in public at a 14082
time and place to be specified in the advertisement. 14083
The Department of Finance and Administration shall accept the 14084
lowest and best bid for said equipment and supplies; in its 14085
discretion, it may reject any and all bids submitted. The lowest 14086
and best bid for said equipment and supplies accepted by the 14087
Department of Finance and Administration shall be the 14088
state-approved price of said equipment for purchase by the state, 14089
county and city governments. 14090
Title to all such testing equipment in the state purchased 14091
hereunder shall remain in the Commissioner of Public Safety 14092
regardless of what entity pays the purchase price. 14093
The state, counties and municipalities may purchase in the 14094
name of the Commissioner of Public Safety such equipment and 14095
supplies from other vendors of said equipment and supplies 14096
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necessary to implement this chapter, provided they purchase of the 14097
same quality and standard as certified to the Department of 14098
Finance and Administration and approved by the department. 14099
However, such equipment and supplies shall not be purchased by the 14100
state, counties and municipalities unless it is at a price 14101
equivalent to or lower than that approved by the Department of 14102
Finance and Administration, pursuant to the bid procedure as 14103
outlined herein. 14104
SECTION 216. Section 65-1-87, Mississippi Code of 1972, is 14105
brought forward as follows: 14106
65-1-87. The Mississippi State Highway Commission is hereby 14107
authorized and empowered to purchase war surplus equipment, 14108
supplies, and materials from the General Services Administration 14109
of the United States of America without the necessity of 14110
advertising for bids for such materials and equipment and 14111
supplies, even though the cost of such materials, equipment, and 14112
supplies exceed the sum of One Thousand Dollars ($1,000.00), 14113
provided that such equipment, materials, and supplies shall be 14114
purchased for less than the then prevailing market price. 14115
SECTION 217. Section 65-17-105, Mississippi Code of 1972, is 14116
brought forward as follows: 14117
65-17-105. The road accountant shall be the purchasing agent 14118
of the county and, by and with the consent of the board of 14119
supervisors, shall purchase all materials, implements, and 14120
supplies used in such road and bridge work. 14121
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SECTION 218. Section 65-19-61, Mississippi Code of 1972, is 14122
brought forward as follows: 14123
65-19-61. The board of supervisors of the county in which a 14124
road district organized under this chapter is situated shall have 14125
plenary power of supervision and control over all of the official 14126
acts of the road commissioners and the road superintendent, and 14127
shall refuse to ratify or confirm any contract or report of any 14128
action of such commissioners or superintendent, when the same is 14129
reported to them, which is not for the best interest of such 14130
district. They shall require the letting of contracts and the 14131
purchase of teams, materials, lumber, supplies, and all other 14132
property for the use of the district to be made after 14133
advertisement and competitive bidding when such method is deemed 14134
likely to best subserve the interest of the district and be most 14135
economical. 14136
SECTION 219. Section 65-19-77, Mississippi Code of 1972, is 14137
brought forward as follows: 14138
65-19-77. The road superintendent shall have the power to 14139
purchase nails, lumber, tools, and other things necessary, where 14140
the need for the same is immediate and the value of said purchase 14141
does not exceed Fifty Dollars ($50.00). In cases of emergency he 14142
shall have power to contract for the immediate repair of a bridge, 14143
causeway, culvert, or a bad place in the road, provided such 14144
contract is not for a sum greater than Fifty Dollars ($50.00) and 14145
the need of the repair immediate and urgent. Such purchases and 14146
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contracts shall be subject to ratification by the road 14147
commissioners and the board of supervisors. 14148
SECTION 220. Section 65-25-53, Mississippi Code of 1972, is 14149
brought forward as follows: 14150
65-25-53. The commissioners appointed by such governing body 14151
or municipality, or the commissioners whose terms are continued in 14152
force as above authorized, shall, subject to the approval of such 14153
governing body, have the following authority, powers, and rights: 14154
Said commission shall manage and control the affairs of the bridge 14155
as a separate proprietary venture, apart from other public roads 14156
and bridges within the county, and shall provide for the regular 14157
inspection, repair, maintenance, and upkeep of said bridge and its 14158
approaches, which expenses and all liabilities which may exist or 14159
later come into being or be claimed to exist shall be wholly borne 14160
from the bridge properties themselves and the revenues received 14161
from the lease of such properties to private or public utilities. 14162
In connection with operating the affairs of the said bridge and 14163
maintaining the same, said commission is vested with the following 14164
powers and authority, subject to the veto power or approval of the 14165
governing body owning the said bridge, viz: (1) contracts and 14166
purchases shall be made on the same basis and under the same 14167
requirements of advertisement for bids as those made by the board 14168
of supervisors; (2) the commissioners may employ a superintendent 14169
or manager of the bridge properties and fix the amount of his 14170
salary, and either employ or delegate to said manager the 14171
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employment of subordinate personnel and provide for the wages and 14172
compensation of such employees, and, should the commission so 14173
determine, may require the manager or other employees to post bond 14174
in such sum as the commission may designate for the faithful 14175
discharge of their duties as such employees; however, the number 14176
of persons employed in an election year shall not exceed the 14177
average number employed during the preceding three (3) years, 14178
except that additional employees may be hired on a temporary basis 14179
in cases of emergency when the specific reasons therefor shall be 14180
entered on the minutes of the commission; (3) provide for an 14181
adequate bookkeeping system pertinent to the affairs of said 14182
bridge and for regular audits, with the revenues derived following 14183
the freeing of said bridge to vehicular traffic, if any there be 14184
over and above cost of operating and maintaining the said bridge, 14185
to be kept by the clerk of the said board or treasurer of the said 14186
municipality in a separate account and to so remain, properly 14187
invested in the same manner as sinking funds of the county or 14188
municipality may be invested, said assets to be subject to bear 14189
and discharge the liabilities of the said bridge and not to be 14190
utilized for any other or different purpose until a period of at 14191
least five (5) years following the freeing of the said bridge from 14192
tolls (unless sooner there be another free bridge constructed and 14193
opened to public travel crossing said Mississippi River located 14194
not more than one (1) mile from said bridge, in which event that 14195
factor, rather than the five-year time limit, shall be 14196
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determinative), and then not until a determination is made by the 14197
board or governing authority that such funds, to the extent 14198
amassed, will not be further needed for operational maintenance 14199
purposes; and that said audits thus caused to be made shall be 14200
done by a certified public accountant or accountants duly 14201
qualified under the laws of this state; (4) that, without in 14202
anywise sacrificing or waiving the entire exempt status of the 14203
said bridge properties from ad valorem taxation, to pay a sum or 14204
sums in lieu of ad valorem taxes which, by agreement with the 14205
taxing authorities of this or any neighboring state, will in no 14206
event exceed in any year a sum equaling more than one-half (½) of 14207
the average amount paid per year by way of such taxes or in lieu 14208
thereof over the five-year period preceding June 15, 1966; (5) 14209
employ nationally recognized engineers and such other professional 14210
assistance as may be deemed necessary, and to pay reasonable 14211
compensation for such services; (6) to have and exercise any other 14212
authority and right conferred by existing laws, state or federal, 14213
applicable to the operation of such bridge; and (7) fulfill the 14214
requirements of any outstanding lease contracts to the extent that 14215
the bridge properties will permit and the revenues to be derived 14216
from such leases will allow, but without incurring any pecuniary 14217
liability on the part of the governing authorities or taxpayers 14218
generally. 14219
SECTION 221. Section 65-27-7, Mississippi Code of 1972, is 14220
brought forward as follows: 14221
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65-27-7. The bond given by the keeper of a toll ferry, 14222
bridge, turnpike, causeway, or plank road may be put in suit by 14223
the county, or by any person damaged, for a breach thereof; and 14224
the bond may be sued on from time to time until the whole penalty 14225
be recovered. The board of supervisors may require such bonds to 14226
be renewed when proper. 14227
SECTION 222. Section 65-43-3, Mississippi Code of 1972, is 14228
brought forward as follows: 14229
65-43-3. (1) (a) In addition to and as an alternative to 14230
any other authority granted by law, including, but not limited to, 14231
Section 65-43-1, any governmental entities, as defined in Section 14232
65-43-1, in their discretion, may contract, individually or 14233
jointly with other governmental entities, with any persons, 14234
corporations, partnerships or other businesses licensed to do 14235
business in the State of Mississippi (hereinafter referred to as 14236
"companies" or "company") for the purpose of designing, financing, 14237
constructing, operating and maintaining one or more new toll roads 14238
or toll bridges in the state for motor vehicle traffic, including 14239
tollbooths and related facilities, at those locations where an 14240
alternate untolled route exists. Such contracts may provide that 14241
the governmental entities may grant certain rights (including, but 14242
not limited to, the right to exclusively operate and maintain) in 14243
land held by the governmental entities, whether in fee simple, as 14244
an easement or other interest, to a company for design, 14245
construction, operation and/or maintenance of roadways, highways 14246
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or bridges for motor vehicle traffic, tollbooths and related 14247
facilities. All such highways, pavement, bridges, 14248
drainage-related structures and other infrastructure comprising 14249
the projects shall be built and maintained in accordance with not 14250
less than the minimum highway design, construction and maintenance 14251
standards established by the contracting governmental entity for 14252
such highways, infrastructure and facilities. The contracting 14253
governmental entity shall conduct periodic inspections of any such 14254
project throughout the term of the contract to ensure compliance 14255
by the company. Failure of a company to comply with minimum 14256
standards established for the project by the contracting 14257
governmental entity shall constitute a breach and shall subject 14258
the company to liability on its bond or security or to rescission 14259
of the contract in accordance with the terms and provisions of the 14260
contract. 14261
(b) A governmental entity may not enter into a contract 14262
under this section with (i) any company designated as a foreign 14263
terrorist organization pursuant to Presidential Executive Order 14264
13224 or Section 302 of the federal Antiterrorism or Effective 14265
Death Penalty Act of 1996, (ii) any company under the control of a 14266
so-designated foreign terrorist organization, or (iii) any company 14267
controlled by a foreign person if to do so would violate any order 14268
of the Committee on Foreign Investment in the United States under 14269
the Foreign Investment and National Security Act of 2007, H.R. 14270
566, 110th Cong. (2007), Public Law 110-49, 121 Stat. 246. These 14271
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requirements also shall apply to any proposed transfer or 14272
assignment of any contract entered into under this section. 14273
(2) (a) Every contract entered into by a governmental 14274
entity under this section (except for contracts entered into with 14275
another governmental entity or following termination of a 14276
predecessor contract entered into under this section), at a 14277
minimum, must provide for the design and construction of a new 14278
toll road or toll bridge project and may also provide for the 14279
financing, acquisition, lease, maintenance, and/or operation of a 14280
new toll road or toll bridge project. 14281
(b) If a governmental entity enters into a contract 14282
with a company as authorized by this section, such governmental 14283
entity shall use a competitive procurement process that provides 14284
the best value for the governmental entity. The governmental 14285
entity may accept unsolicited proposals for a proposed new toll 14286
road or solicit proposals in accordance with this section. 14287
(c) A governmental entity shall publish a request for 14288
competing proposals and qualifications in a newspaper having a 14289
general circulation within such governmental entity or, if the 14290
governmental entity is the Mississippi Transportation Commission, 14291
shall publish the request in a newspaper having a general 14292
circulation at the seat of government and, if the governmental 14293
entity has a website, shall post the request on such website. 14294
Such request shall include the criteria used to evaluate the 14295
proposals, the relative weight given to the criteria and a 14296
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deadline by which proposals must be received. At a minimum, a 14297
proposal submitted in response to such request must contain: 14298
(i) Information regarding the proposed project 14299
location, scope and limits; 14300
(ii) Information regarding the company's 14301
qualifications, experience, technical competence, and capability 14302
to develop the project; and 14303
(iii) A proposed financial plan for the proposed 14304
project that includes, at a minimum, the projected project costs, 14305
projected revenues and proposed sources of funds. 14306
A governmental entity may interview a company submitting a 14307
solicited or unsolicited proposal. In evaluating such proposals, 14308
a governmental entity may solicit input from other sources 14309
regarding such proposals. 14310
(d) The governmental entity shall rank each proposal 14311
based on the criteria described in the request for proposals and 14312
select the company whose proposal offers the best value to the 14313
governmental entity. The governmental entity may enter into 14314
discussions with the company whose proposal offers the best value. 14315
If at any point during the discussions it appears to the 14316
governmental entity that the highest ranking proposal will not 14317
provide the governmental entity with the overall best value, the 14318
governmental entity may enter into discussions with the company 14319
submitting the next highest ranking proposal. 14320
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(e) The governmental entity may withdraw a request for 14321
competing proposals and qualifications at any time and for any 14322
reason and may reject any one (1) or all proposals. In either 14323
case, the governmental entity may then publish a new request for 14324
competing proposals and qualifications. A governmental entity 14325
shall not be required to pay any company for the costs of 14326
preparing or submitting proposals. 14327
(f) The governmental entity shall prescribe the general 14328
form of a contract authorized by this section and may include any 14329
matter the governmental entity considers advantageous to it. The 14330
governmental entity and the company shall negotiate the specific 14331
terms of the contract. 14332
(g) Except as provided under this subsection (2), no 14333
such contract entered into hereunder shall be subject to the 14334
provisions of Section 65-1-8, Section 31-7-13 or any other public 14335
bid or public procurement laws of this state. 14336
(h) The Transportation Commission shall evaluate each 14337
proposal based on the criteria established by the commission. The 14338
Transportation Commission shall approve or disapprove a proposal 14339
within ninety (90) days after receipt of the proposal. If the 14340
Transportation Commission needs additional information, it may 14341
delay approval for an additional sixty (60) days. 14342
(i) Any right or interest arising under or as a result 14343
of any contract entered into under this section by a governmental 14344
entity with a company involving a franchise, license agreement, 14345
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concession agreement, operating agreement, construction agreement, 14346
design agreement and/or any other similar contractual arrangement 14347
in connection with the financing, design, construction, 14348
acquisition, maintenance and/or operation of a toll road or toll 14349
bridge project shall not constitute any right, title or interest 14350
in land or other real property or real estate or in personal 14351
property within the meaning of Article 1, Chapter 35, Title 27, 14352
Mississippi Code of 1972, in the toll road or toll bridge project, 14353
including tollbooths and related toll facilities (including, but 14354
not limited to, land, pavement, drainage-related structures, and 14355
other infrastructure and property related thereto) in which a 14356
governmental entity is the title owner of such property and/or 14357
holder of easements, rights-of-way and/or other interests for such 14358
toll road or toll bridge project. 14359
(3) Every contract entered into by a governmental entity 14360
under this section shall require a company to enter into bond and 14361
provide such security as the governmental entity determines may be 14362
necessary or advisable to ensure timely completion and proper 14363
execution and performance of the contract. The term of the 14364
contract shall not exceed fifty (50) years, with the exception of 14365
extensions, automatic renewals or other contractual terms as 14366
agreed to by the governmental entity in the original or a 14367
subsequent agreement. The governmental entities are authorized to 14368
acquire such property or interests in property as may be 14369
necessary, by gift, purchase or eminent domain, for construction 14370
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and maintenance of the highways or bridges built pursuant to 14371
contracts entered into under this section. Upon expiration, 14372
termination or rescission of the contract, any and all rights 14373
and/or interests that the company may have in the land, 14374
infrastructure, facilities or other improvements to the property 14375
subject to contract shall terminate and automatically, by 14376
operation of law, be returned or conveyed to and vested in the 14377
State of Mississippi or the contracting governmental entity. Upon 14378
termination, expiration or rescission of the contract, the 14379
collection of tolls shall cease. 14380
(4) The governmental entity having jurisdiction over the 14381
toll highway or bridge may, after notice and public hearing, 14382
establish, charge and collect motor vehicle operator tolls for use 14383
of the highway or bridge and its facilities. Alternatively, 14384
during the term of any contract entered into under this section, 14385
the company may establish, charge and collect motor vehicle 14386
operators tolls for use of the highway or bridge and its 14387
facilities. The amount of such tolls, and any modification 14388
thereto, shall be subject to approval by the contracting 14389
governmental entity after notice and public hearing. All such 14390
contracts entered into with the Mississippi Transportation 14391
Commission may require a company to pay a percentage or other 14392
specified portion of all tolls collected to the Mississippi 14393
Department of Transportation. If bonds are issued pursuant to 14394
Section 65-43-13, then all such tolls paid to the department shall 14395
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be deposited into the special bond sinking fund under Section 14396
65-43-11, and may be expended only as authorized by the 14397
Legislature. If bonds are not issued pursuant to Section 14398
65-43-13, then all such tolls paid to the department shall be 14399
deposited into the department's highway fund to be used by the 14400
department for the construction and maintenance of highways. 14401
(5) If a toll road is a designated evacuation route and a 14402
declaration of a state of emergency is issued by the President of 14403
the United States or by the Governor, the collection of tolls 14404
shall cease until the termination of the state of emergency. 14405
(6) All statutes of this state relating to vehicle and 14406
traffic regulation and control shall be applicable to motor 14407
vehicles operated upon highways and bridges constructed under this 14408
section and shall be enforceable by the Mississippi Department of 14409
Public Safety, the Mississippi Highway Safety Patrol or any other 14410
law enforcement agency having jurisdiction over such highways and 14411
bridges. 14412
(7) The State of Mississippi, the Mississippi Transportation 14413
Commission, the Mississippi Department of Transportation, 14414
counties, municipalities or any other agency or political 14415
subdivision, or any officer or employee thereof, shall not be 14416
liable for any tortious act or omission arising out of the 14417
construction, maintenance or operation of any highway or bridge 14418
project under the provisions of this section where the act or 14419
omission occurs during the term of any such contract entered into 14420
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by the Mississippi Transportation Commission or other governmental 14421
entity and a company. 14422
SECTION 223. Section 71-5-116, Mississippi Code of 1972, is 14423
brought forward as follows: 14424
71-5-116. The Mississippi Department of Employment Security 14425
will develop an annual report which tracks data received from 14426
contractors. Contractors will cooperate with the Mississippi 14427
Department of Employment Security to accumulate relevant data. 14428
Collected data and reports are intended solely to allow the 14429
Mississippi Department of Employment Security to improve workforce 14430
training programs, tailoring trainings to employer needs and 14431
hiring trends for in-demand jobs in Mississippi. 14432
SECTION 224. Section 73-13-45, Mississippi Code of 1972, is 14433
brought forward as follows: 14434
73-13-45. (1) (a) Neither the state, nor any of its 14435
political subdivisions, such as a county, city or town, shall 14436
award construction contracts of any public work involving the 14437
practice of engineering or architecture unless the plans, 14438
specifications and estimates have been prepared and such work 14439
supervised by a registered professional engineer or architect; 14440
however, nothing in this subsection shall be held to apply to such 14441
public work in which the expenditure does not exceed One Hundred 14442
Thousand Dollars ($100,000.00). 14443
(b) The state and any of its political subdivisions, 14444
such as a county, city or town, may engage in construction of 14445
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public buildings involving the practice of engineering or 14446
architecture and using political subdivision workforces without 14447
the supervision of a licensed professional engineer or architect, 14448
provided that the total cost of the public building does not 14449
exceed One Hundred Fifty Thousand Dollars ($150,000.00). This 14450
paragraph (1)(b) shall not supersede any rules and regulations 14451
promulgated by the State Department of Health and the Department 14452
of Environmental Quality. 14453
(2) (a) In the awarding of public contracts for 14454
professional engineering services, preference shall be given to 14455
resident professional engineers over those nonresident 14456
professional engineers domiciled in a state having laws which 14457
grant a preference to the professional engineers who are residents 14458
of that state. Nonresident professional engineers shall be 14459
awarded Mississippi public contracts only on the same basis as the 14460
nonresident professional's state awards contracts to Mississippi 14461
professional engineers under similar circumstances. When a 14462
nonresident professional engineer submits a proposal for a public 14463
project, he shall attach thereto a copy of his resident state's 14464
current statute, resolution, policy, procedure or executive order 14465
pertaining to such state's treatment of nonresident professional 14466
engineers. Resident professional engineers actually domiciled in 14467
Mississippi, be they corporate, individuals or partnerships, shall 14468
be granted preference over nonresidents in the awarding of 14469
contracts in the same manner and to the same extent as provided by 14470
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the laws of the state of domicile of the nonresident. As used in 14471
this section, the term "resident professional engineer" includes a 14472
nonresident person, firm or corporation that has been qualified to 14473
do business in this state and has maintained a permanent full-time 14474
office in the State of Mississippi for not less than two (2) years 14475
prior to submitting a proposal for a public project, and the 14476
subsidiaries and affiliates of such a person, firm or corporation. 14477
(b) The provisions of this subsection shall not apply 14478
to any contract for any project upon which federal funds would be 14479
withheld because of the preference requirements of this 14480
subsection. 14481
(c) Any contract, agreement or arrangement for 14482
professional engineering services negotiated, made or entered 14483
into, directly or indirectly, by the state, counties, 14484
municipalities or any political subdivision thereof, or by any 14485
special districts, which is in any way in violation of the 14486
provisions of this subsection is hereby declared to be void as 14487
contrary to the public policy of this state and shall not be given 14488
effect or enforced by any court of this state or by any of its 14489
officers or employees. 14490
(d) Nothing in this subsection shall affect the 14491
validity of any contract in existence prior to July 1, 1989. 14492
(e) For purposes of this section, the term 14493
"professional engineering services" means those within the scope 14494
of the practice of professional engineering as defined by Sections 14495
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73-13-1 through 73-13-45, or those performed by any registered 14496
professional engineer in connection with professional employment 14497
or practice. 14498
SECTION 225. Section 73-63-55, Mississippi Code of 1972, is 14499
brought forward as follows: 14500
73-63-55. (1) In awarding public contracts for professional 14501
geological services, preference shall be given to resident 14502
registered professional geologists over those nonresident 14503
professional geologists domiciled in a state having laws which 14504
grant a preference to the professional geologists who are 14505
residents of that state. Nonresident registered professional 14506
geologists shall be awarded Mississippi public contracts only on 14507
the same basis as the nonresident professional's state awards 14508
contracts to Mississippi registered professional geologists under 14509
similar circumstances. When a nonresident professional geologist 14510
submits a proposal for a public project, that person shall attach 14511
a copy of the resident state's current statute, resolution, 14512
policy, procedure or executive order pertaining to that state's 14513
treatment of nonresident professional geologists. Resident 14514
registered professional geologists actually domiciled in 14515
Mississippi, be they corporate, individuals or partnerships, shall 14516
be granted preference over nonresidents in the awarding of 14517
contracts in the same manner and to the same extent as provided by 14518
the laws of the state of domicile of the nonresident. As used in 14519
this section, the term "resident registered professional 14520
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geologist" includes a nonresident person that has been qualified 14521
to do business in this state and has maintained a permanent 14522
full-time office in the State of Mississippi for not less than two 14523
(2) years prior to submitting a proposal for a public project, and 14524
the subsidiaries and affiliates of that person. 14525
(2) This section shall not apply to any contract for any 14526
project upon which federal funds would be withheld because of the 14527
preference requirements of this subsection. 14528
(3) Any contract, agreement or arrangement for professional 14529
geological services negotiated, made or entered into, directly or 14530
indirectly, by the state, counties, municipalities or any 14531
political subdivision thereof, or by any special districts, which 14532
is in any way in violation of this section, is declared to be void 14533
as contrary to the public policy of this state and shall not be 14534
given effect or enforced by any court of this state or by any of 14535
its officers or employees. 14536
(4) Nothing in this section shall affect the validity of any 14537
contract in existence before July 1, 1997. 14538
(5) For purposes of this section, "professional geological 14539
services" means the practice of geology or those services 14540
performed by any registered professional geologist in connection 14541
with professional employment or practice. 14542
SECTION 226. Section 77-3-42, Mississippi Code of 1972, is 14543
brought forward as follows: 14544
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77-3-42. (1) (a) No public utility, the rates of which are 14545
subject to regulation under the provisions of this chapter, shall 14546
increase its rate or rate schedule in addition to its base rate as 14547
a result of what is commonly referred to as "fuel adjustment 14548
clauses" increase or "fuel adjustment riders" if the application 14549
of such clause or rider shall result in ultimate cost recovery 14550
exceeding the actual cost of fuel burned or consumed in its 14551
generating facilities and the cost of purchased energy. 14552
(b) For the purpose of such fuel adjustment clause or 14553
rider, the cost of fuel as used herein shall include only the 14554
actual cost of the fuel and its transportation and may include 14555
such other cost items which are as of the effective date of this 14556
section allowed by the federal energy regulatory commission for 14557
inclusion in wholesale fuel adjustment clauses under its 14558
jurisdiction. In addition thereto fuel cost may include direct 14559
costs associated with burning the fuel at the generating plant, 14560
such as fuel-handling expenses and the cost of fuel sampling and 14561
analysis. 14562
(2) (a) The commission is hereby directed to cause a 14563
continuous monitoring by the public utilities staff and a complete 14564
audit, as necessary but not less than annually, of all fuel 14565
purchases for which fuel adjustment clauses or riders have been 14566
placed in effect prior to and after the effective date of this 14567
section, which shall totally verify fuel costs as might be 14568
consumed in generating plants and all purchased energy of such 14569
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electric utilities in Mississippi with said audit being based upon 14570
generally accepted auditing standards which would accurately 14571
provide detailed information as to the actual monthly utility fuel 14572
costs. Such audit shall be completely independent of any audit 14573
performed on behalf of such utility. 14574
(b) The commission is hereby directed to promulgate 14575
rules and regulations, not inconsistent with the laws, (i) to 14576
define allowable costs for inclusion in fuel adjustments, (ii) to 14577
establish guidelines for defining what elements constitute a just 14578
and reasonable fuel adjustment clause or rider, (iii) to establish 14579
guidelines for defining what elements constitute efficient and 14580
economical procurement and use of energy and fuel, and (iv) to 14581
establish general guidelines for making the required review of 14582
fuel adjustment clauses or riders as required by this section. 14583
Such rules and regulations shall be spread upon the minutes of the 14584
commission. 14585
(c) Such audits shall include (i) a determination if 14586
fuel and associated costs are properly identified and recorded in 14587
the appropriate uniform system of accounts, (ii) a determination 14588
if purchased energy and associated costs are properly identified, 14589
(iii) an assessment of a utility's practices for economical 14590
purchase and use of fuel and electric energy, and (iv) an 14591
assessment of the relevant contract terms and conditions and any 14592
variations from contract terms. 14593
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(3) The audits required by this section shall extend to the 14594
fuel acquisition activities of any corporation which is owned in 14595
whole or in part by any such public utility under the jurisdiction 14596
of the commission or owned in whole or in part by a public utility 14597
holding company which is the parent company of any public utility 14598
under the jurisdiction of the commission. Public utilities under 14599
the jurisdiction of this commission, the rates of which are 14600
subject to regulation under the provisions of this chapter, shall 14601
not purchase fuel and/or energy from a company or corporation 14602
which is owned in whole or in part by that public utility or by 14603
the parent company of that public utility unless the selling 14604
company or corporation assents to audits as provided for under 14605
this section. 14606
(4) Upon receipt of each audit report, the certified public 14607
accountant of the public utilities staff shall review the report 14608
and furnish the commissioners with a written summary of, and his 14609
comments on, the report. The commission shall meet within one (1) 14610
week after receipt of the accountant's summary, and shall spread 14611
upon the minutes of the commission that it has reviewed said 14612
summary and further shall describe any action which it takes 14613
regarding the audit report or the fact that no action was 14614
required. Any costs included in a fuel adjustment clause or rider 14615
by a public utility under the jurisdiction of the commission found 14616
in violation of this section shall, by order of the commission, be 14617
refunded to the appropriate person or persons. In lieu of 14618
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payment, the utility may credit the service account with the 14619
amount due under this subsection if the consumer entitled to the 14620
refund is, at that time, a consumer of the utility. 14621
(5) Periodically, and not less frequently than annually, the 14622
commission shall review the audit reports, the reports of the 14623
certified public accountant of the public utilities staff, any 14624
reports of the public utilities staff relating to its monitoring 14625
of fuel purchases, and all other relevant information relating to 14626
fuel purchases, fuel adjustment clauses or riders, and purchased 14627
energy for the purpose of determining (a) whether or not the 14628
utility is properly and correctly employing the use of the fuel 14629
adjustment clause or rider applicable to its operations and 14630
billing procedures, (b) whether or not the utility has engaged in 14631
practices in the acquisition of fuel or purchased energy which are 14632
efficient and economical, and (c) whether or not there is reason 14633
to question the practices, contracts, operations or procedures of 14634
the utility in the purchase or acquisition of fuel or purchased 14635
energy relative to efficiency, economy and the public interest. 14636
If the commission, after following the procedures described 14637
above, has reasonable cause to believe that inefficient or 14638
uneconomical procurement or use of fuel or purchased energy has 14639
resulted in unreasonable or unjust charges or costs to the 14640
consumers, then the commission shall initiate a procedure for 14641
hearing as provided for in Section 77-3-47 for the purpose of 14642
determining whether or not any of the costs or charges included in 14643
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the fuel adjustment charges to the consumers were unreasonable or 14644
unjust. If the commission upon hearing shall find that any 14645
charges for the purchase or procurement of fuel or purchased 14646
energy were unreasonable or unjust, then the commission shall 14647
order that such costs or charges be refunded to the appropriate 14648
person or persons together with interest at the same rate 14649
prescribed in Section 77-3-39, Section 77-3-69 and Section 14650
77-3-71. In lieu of payment, the utility may credit the service 14651
account with the amount due under this subsection if the consumer 14652
entitled to the refund is, at that time, a consumer of the 14653
utility. 14654
(6) (a) The commission shall maintain at all times complete 14655
and current data relating to sales and purchases of electric 14656
capacity of all utilities, including copies of contracts and 14657
agreements for the purchase of electric capacity, amendments to 14658
such contracts, records of purchases and sales of electric 14659
capacity, and all other relevant information and data deemed 14660
appropriate by the commission for carrying out the provisions of 14661
this section. 14662
(b) The commission is hereby directed to review, not 14663
less frequently than annually, the information and data described 14664
above. If, from said review the commission has reasonable cause 14665
to believe that inefficient or uneconomical sales or purchases of 14666
electric capacity by a utility, the rates of which are subject to 14667
regulation by the commission, have resulted in unreasonable or 14668
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unjust charges or costs to the consumers, then the commission 14669
shall initiate a procedure for hearing as provided for in Section 14670
77-3-47 for the purpose of determining whether or not any of the 14671
costs or charges for sales or purchases of electric capacity 14672
included in the charges to consumers were unreasonable or unjust. 14673
If the commission, upon hearing, shall find that any such charges 14674
for the sale or purchase of electric capacity were unreasonable or 14675
unjust, then the commission shall order that such costs or charges 14676
be refunded to the appropriate person or persons, together with 14677
interest thereon at the same rate prescribed in Section 77-3-39, 14678
Section 77-3-69 and Section 77-3-71. In lieu of payment, the 14679
utility may credit the service account with the amount due under 14680
this subsection if the consumer entitled to the refund is, at that 14681
time, a consumer of the utility. 14682
(7) The commission shall provide a full and complete report 14683
of said audits to the Legislature on or before March 15 of each 14684
year. The report shall include certification by the commission 14685
that the information is true and correct as well as other 14686
clarifications of the audit information and any recommendations 14687
for correcting imperfections in statutes relative to existing fuel 14688
or purchased gas adjustments. 14689
(8) Nothing in this section shall prohibit the commission 14690
from entering an order in a declared emergency allowing public 14691
utilities under such emergency circumstances to adjust their rates 14692
for a period not to exceed sixty (60) days upon declaration of 14693
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ST: State agencies procurement; bring forward
code sections related to.
said emergency. There shall be a full hearing and a complete and 14694
total accounting as to total costs of said commission order to 14695
public utilities customers, with detailed accounting of such 14696
emergency fuel adjustment clause order being made available to the 14697
public. 14698
(9) This section shall not apply to a municipality, 14699
including a joint agency organized pursuant to Section 77-5-701 et 14700
seq., as amended. 14701
SECTION 227. This act shall take effect and be in force from 14702
and after July 1, 2026. 14703