Workforce development; extend the date of repeal of certain sections and make technical amendments.

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To: Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Sparks

SENATE BILL NO. 2401
(As Sent to Governor)

AN ACT TO AMEND SECTION 27-104-7, MISSISSIPPI CODE OF 1972, 1
TO EXTEND THE DATE OF EXEMPTION FROM PUBLIC PROCUREMENT 2
REQUIREMENTS FOR LEASING BY THE OFFICE OF WORKFORCE DEVELOPMENT; 3
TO EXTEND THE EXEMPTION TO CERTAIN CONTRACTS; TO AMEND SECTION 4
37-153-5, MISSISSIPPI CODE OF 1972, TO MAKE TECHNICAL AMENDMENTS; 5
TO AMEND SECTION 37-153-7, MISSISSIPPI CODE OF 1972, TO EXTEND THE 6
DATE OF REPEAL ON THE OFFICE OF WORKFORCE DEVELOPMENT'S PARTIAL 7
EXEMPTION TO CERTAIN PUBLIC PROCUREMENT REQUIREMENTS; TO AMEND 8
SECTION 37-153-17, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF 9
REPEAL FOR CERTAIN SECTIONS OF THE MISSISSIPPI COMPREHENSIVE 10
WORKFORCE TRAINING AND EDUCATION CONSOLIDATION ACT; AND FOR 11
RELATED PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. Section 27-104-7, Mississippi Code of 1972, is 14
amended as follows: 15
27-104-7. (1) (a) There is created the Public Procurement 16
Review Board, which shall be reconstituted on January 1, 2018, and 17
shall be composed of the following members: 18
(i) Three (3) individuals appointed by the 19
Governor with the advice and consent of the Senate; 20
(ii) Two (2) individuals appointed by the 21
Lieutenant Governor with the advice and consent of the Senate; and 22
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(iii) The Executive Director of the Department of 23
Finance and Administration, serving as an ex officio and nonvoting 24
member. 25
(b) The initial terms of each appointee shall be as 26
follows: 27
(i) One (1) member appointed by the Governor to 28
serve for a term ending on June 30, 2019; 29
(ii) One (1) member appointed by the Governor to 30
serve for a term ending on June 30, 2020; 31
(iii) One (1) member appointed by the Governor to 32
serve for a term ending on June 30, 2021; 33
(iv) One (1) member appointed by the Lieutenant 34
Governor to serve for a term ending on June 30, 2019; and 35
(v) One (1) member appointed by the Lieutenant 36
Governor to serve for a term ending on June 30, 2020. 37
After the expiration of the initial terms, all appointed 38
members' terms shall be for a period of four (4) years from the 39
expiration date of the previous term, and until such time as the 40
member's successor is duly appointed and qualified. 41
(c) When appointing members to the Public Procurement 42
Review Board, the Governor and Lieutenant Governor shall take into 43
consideration persons who possess at least five (5) years of 44
management experience in general business, health care or finance 45
for an organization, corporation or other public or private 46
entity. Any person, or any employee or owner of a company, who 47
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receives any grants, procurements or contracts that are subject to 48
approval under this section shall not be appointed to the Public 49
Procurement Review Board. Any person, or any employee or owner of 50
a company, who is a principal of the source providing a personal 51
or professional service shall not be appointed to the Public 52
Procurement Review Board if the principal owns or controls a 53
greater than five percent (5%) interest or has an ownership value 54
of One Million Dollars ($1,000,000.00) in the source's business, 55
whichever is smaller. No member shall be an officer or employee 56
of the State of Mississippi while serving as a voting member on 57
the Public Procurement Review Board. 58
(d) Members of the Public Procurement Review Board 59
shall be entitled to per diem as authorized by Section 25-3-69 and 60
travel reimbursement as authorized by Section 25-3-41. 61
(e) The members of the Public Procurement Review Board 62
shall elect a chair from among the membership, and he or she shall 63
preside over the meetings of the board. The board shall annually 64
elect a vice chair, who shall serve in the absence of the chair. 65
No business shall be transacted, including adoption of rules of 66
procedure, without the presence of a quorum of the board. Three 67
(3) members shall be a quorum. No action shall be valid unless 68
approved by a majority of the members present and voting, entered 69
upon the minutes of the board and signed by the chair. Necessary 70
clerical and administrative support for the board shall be 71
provided by the Department of Finance and Administration. Minutes 72
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shall be kept of the proceedings of each meeting, copies of which 73
shall be filed on a monthly basis with the chairs of the 74
Accountability, Efficiency and Transparency Committees of the 75
Senate and House of Representatives and the chairs of the 76
Appropriations Committees of the Senate and House of 77
Representatives. 78
(2) The Public Procurement Review Board shall have the 79
following powers and responsibilities: 80
(a) Approve all purchasing regulations governing the 81
purchase or lease by any agency, as defined in Section 31-7-1, of 82
commodities and equipment, except computer equipment acquired 83
pursuant to Sections 25-53-1 through 25-53-29; 84
(b) Adopt regulations governing the approval of 85
contracts let for the construction and maintenance of state 86
buildings and other state facilities as well as related contracts 87
for architectural and engineering services. 88
The provisions of this paragraph (b) shall not apply to such 89
contracts involving buildings and other facilities of state 90
institutions of higher learning which are self-administered as 91
provided under this paragraph (b) or Section 37-101-15(m); 92
(c) Adopt regulations governing any lease or rental 93
agreement by any state agency or department, including any state 94
agency financed entirely by federal funds, for space outside the 95
buildings under the jurisdiction of the Department of Finance and 96
Administration. These regulations shall require each agency 97
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requesting to lease such space to provide the following 98
information that shall be published by the Department of Finance 99
and Administration on its website: the agency to lease the space; 100
the terms of the lease; the approximate square feet to be leased; 101
the use for the space; a description of a suitable space; the 102
general location desired for the leased space; the contact 103
information for a person from the agency; the deadline date for 104
the agency to have received a lease proposal; any other specific 105
terms or conditions of the agency; and any other information 106
deemed appropriate by the Division of Real Property Management of 107
the Department of Finance and Administration or the Public 108
Procurement Review Board. The information shall be provided 109
sufficiently in advance of the time the space is needed to allow 110
the Division of Real Property Management of the Department of 111
Finance and Administration to review and preapprove the lease 112
before the time for advertisement begins; 113
(d) Adopt, in its discretion, regulations to set aside 114
at least five percent (5%) of anticipated annual expenditures for 115
the purchase of commodities from minority businesses; however, all 116
such set-aside purchases shall comply with all purchasing 117
regulations promulgated by the department and shall be subject to 118
all bid requirements. Set-aside purchases for which competitive 119
bids are required shall be made from the lowest and best minority 120
business bidder; however, if no minority bid is available or if 121
the minority bid is more than two percent (2%) higher than the 122
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lowest bid, then bids shall be accepted and awarded to the lowest 123
and best bidder. However, the provisions in this paragraph shall 124
not be construed to prohibit the rejection of a bid when only one 125
(1) bid is received. Such rejection shall be placed in the 126
minutes. For the purposes of this paragraph, the term "minority 127
business" means a business which is owned by a person who is a 128
citizen or lawful permanent resident of the United States and who 129
is: 130
(i) Black: having origins in any of the black 131
racial groups of Africa; 132
(ii) Hispanic: of Mexican, Puerto Rican, Cuban, 133
Central or South American, or other Spanish or Portuguese culture 134
or origin regardless of race; 135
(iii) Asian-American: having origins in any of 136
the original people of the Far East, Southeast Asia, the Indian 137
subcontinent, or the Pacific Islands; 138
(iv) American Indian or Alaskan Native: having 139
origins in any of the original people of North America; or 140
(v) Female; 141
(e) In consultation with and approval by the Chairs of 142
the Senate and House Public Property Committees, approve leases, 143
for a term not to exceed eighteen (18) months, entered into by 144
state agencies for the purpose of providing parking arrangements 145
for state employees who work in the Woolfolk Building, the Carroll 146
Gartin Justice Building or the Walter Sillers Office Building; 147
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(f) (i) Except as otherwise provided in subparagraph 148
(ii) of this paragraph, promulgate rules and regulations governing 149
the solicitation and selection of contractual services personnel, 150
including personal and professional services contracts for any 151
form of consulting, policy analysis, public relations, marketing, 152
public affairs, legislative advocacy services or any other 153
contract that the board deems appropriate for oversight, with the 154
exception of: 155
1. Any personal service contracts entered 156
into by any agency that employs only nonstate service employees as 157
defined in Section 25-9-107(c); 158
2. Any personal service contracts entered 159
into for computer or information technology-related services 160
governed by the Mississippi Department of Information Technology 161
Services; 162
3. Any personal service contracts entered 163
into by the individual state institutions of higher learning; 164
4. Any personal service contracts entered 165
into by the Mississippi Department of Transportation; 166
5. Any personal service contracts entered 167
into by the Department of Human Services through June 30, 2019, 168
which the Executive Director of the Department of Human Services 169
determines would be useful in establishing and operating the 170
Department of Child Protection Services; 171
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6. Any personal service contracts entered 172
into by the Department of Child Protection Services through June 173
30, 2019; 174
7. Any contracts for entertainers and/or 175
performers at the Mississippi State Fairgrounds entered into by 176
the Mississippi Fair Commission; 177
8. Any contracts entered into by the 178
Department of Finance and Administration when procuring aircraft 179
maintenance, parts, equipment and/or services; 180
9. Any contract entered into by the 181
Department of Public Safety for service on specialized equipment 182
and/or software required for the operation of such specialized 183
equipment for use by the Office of Forensics Laboratories; 184
10. Any personal or professional service 185
contract entered into by the Mississippi Department of Health or 186
the Department of Revenue solely in connection with their 187
respective responsibilities under the Mississippi Medical Cannabis 188
Act from February 2, 2022, through June 30, 2026; 189
11. Any contract for attorney, accountant, 190
actuary auditor, architect, engineer, anatomical pathologist, or 191
utility rate expert services; 192
12. Any personal service contracts approved 193
by the Executive Director of the Department of Finance and 194
Administration and entered into by the Coordinator of Mental 195
Health Accessibility through June 30, 2022; 196
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13. Any personal or professional services 197
contract entered into by the State Department of Health in 198
carrying out its responsibilities under the ARPA Rural Water 199
Associations Infrastructure Grant Program through June 30, 2026; 200
14. And any personal or professional services 201
contract entered into by the Mississippi Department of 202
Environmental Quality in carrying out its responsibilities under 203
the Mississippi Municipality and County Water Infrastructure Grant 204
Program Act of 2022, through June 30, 2026; 205
15. Any personal or professional services 206
contract entered into by an agency for the design, operation or 207
maintenance of museum exhibits. An agency making a purchase under 208
this exemption shall publicly advertise a Request for 209
Qualifications but shall be otherwise exempt. Any contracts 210
arising from the use of this exemption must be approved by the 211
Public Procurement Review Board prior to execution by the agency; 212
16. Any personal or professional services 213
contract entered into by the Mississippi Department of 214
Environmental Quality in carrying out its responsibilities under 215
Section 49-2-13(l). This item 16 shall stand repealed on July 1, 216
2028; and 217
17. Any contract entered into by the State 218
Department of Health for service on specialized equipment and/or 219
software required for the operation of such specialized equipment 220
for the use by the Public Health Laboratory. 221
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Any such rules and regulations shall provide for maintaining 222
continuous internal audit covering the activities of such agency 223
affecting its revenue and expenditures as required under Section 224
7-7-3(6)(d). Any rules and regulation changes related to personal 225
and professional services contracts that the Public Procurement 226
Review Board may propose shall be submitted to the Chairs of the 227
Accountability, Efficiency and Transparency Committees of the 228
Senate and House of Representatives and the Chairs of the 229
Appropriation Committees of the Senate and House of 230
Representatives at least fifteen (15) days before the board votes 231
on the proposed changes, and those rules and regulation changes, 232
if adopted, shall be promulgated in accordance with the 233
Mississippi Administrative Procedures Act. 234
(ii) From and after July 1, 2024, the Public 235
Procurement Review Board shall promulgate rules and regulations 236
that require the Department of Finance and Administration to 237
conduct personal and professional services solicitations as 238
provided in subparagraph (i) of this paragraph for those services 239
in excess of Seventy-five Thousand Dollars ($75,000.00) for the 240
Department of Marine Resources, the Department of Wildlife, 241
Fisheries and Parks, the Mississippi Emergency Management Agency 242
and the Mississippi Development Authority, with assistance to be 243
provided from these entities. Any powers that have been conferred 244
upon agencies in order to comply with the provisions of this 245
section for personal and professional services solicitations shall 246
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be conferred upon the Department of Finance and Administration to 247
conduct personal and professional services solicitations for the 248
Department of Marine Resources, the Department of Wildlife, 249
Fisheries and Parks, the Mississippi Emergency Management Agency 250
and the Mississippi Development Authority for those services in 251
excess of Seventy-five Thousand Dollars ($75,000.00). The 252
Department of Finance and Administration shall make any 253
submissions that are required to be made by other agencies to the 254
Public Procurement Review Board for the Department of Marine 255
Resources, the Department of Wildlife, Fisheries and Parks, the 256
Mississippi Emergency Management Agency and the Mississippi 257
Development Authority. 258
The provisions of this subparagraph (ii) shall stand repealed 259
on June 30, 2027; 260
(g) Approve all personal and professional services 261
contracts involving the expenditures of funds in excess of 262
Seventy-five Thousand Dollars ($75,000.00), except as provided in 263
paragraph (f) of this subsection (2) and in subsection (8); 264
(h) Develop mandatory standards with respect to 265
contractual services personnel that require invitations for public 266
bid, requests for proposals, record keeping and financial 267
responsibility of contractors. The Public Procurement Review 268
Board shall, unless exempted under this paragraph (h) or under 269
paragraph (i) or (o) of this subsection (2), require the agency 270
involved to submit the procurement to a competitive procurement 271
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process, and may reserve the right to reject any or all resulting 272
procurements; 273
(i) Prescribe certain circumstances by which agency 274
heads may enter into contracts for personal and professional 275
services without receiving prior approval from the Public 276
Procurement Review Board. The Public Procurement Review Board may 277
establish a preapproved list of providers of various personal and 278
professional services for set prices with which state agencies may 279
contract without bidding or prior approval from the board; 280
(i) Agency requirements may be fulfilled by 281
procuring services performed incident to the state's own programs. 282
The agency head shall determine in writing whether the price 283
represents a fair market value for the services. When the 284
procurements are made from other governmental entities, the 285
private sector need not be solicited; however, these contracts 286
shall still be submitted for approval to the Public Procurement 287
Review Board. 288
(ii) Contracts between two (2) state agencies, 289
both under Public Procurement Review Board purview, shall not 290
require Public Procurement Review Board approval. However, the 291
contracts shall still be entered into the enterprise resource 292
planning system; 293
(j) Provide standards for the issuance of requests for 294
proposals, the evaluation of proposals received, consideration of 295
costs and quality of services proposed, contract negotiations, the 296
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administrative monitoring of contract performance by the agency 297
and successful steps in terminating a contract; 298
(k) Present recommendations for governmental 299
privatization and to evaluate privatization proposals submitted by 300
any state agency; 301
(l) Authorize personal and professional service 302
contracts to be effective for more than one (1) year provided a 303
funding condition is included in any such multiple year contract, 304
except the State Board of Education, which shall have the 305
authority to enter into contractual agreements for student 306
assessment for a period up to ten (10) years. The State Board of 307
Education shall procure these services in accordance with the 308
Public Procurement Review Board procurement regulations; 309
(m) Request the State Auditor to conduct a performance 310
audit on any personal or professional service contract; 311
(n) Prepare an annual report to the Legislature 312
concerning the issuance of personal and professional services 313
contracts during the previous year, collecting any necessary 314
information from state agencies in making such report; 315
(o) Develop and implement the following standards and 316
procedures for the approval of any sole source contract for 317
personal and professional services regardless of the value of the 318
procurement: 319
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(i) For the purposes of this paragraph (o), the 320
term "sole source" means only one (1) source is available that can 321
provide the required personal or professional service. 322
(ii) An agency that has been issued a binding, 323
valid court order mandating that a particular source or provider 324
must be used for the required service must include a copy of the 325
applicable court order in all future sole source contract reviews 326
for the particular personal or professional service referenced in 327
the court order. 328
(iii) Any agency alleging to have a sole source 329
for any personal or professional service, other than those 330
exempted under paragraph (f) of this subsection (2) and subsection 331
(8), shall publish on the procurement portal website established 332
by Sections 25-53-151 and 27-104-165, for at least fourteen (14) 333
days, the terms of the proposed contract for those services. In 334
addition, the publication shall include, but is not limited to, 335
the following information: 336
1. The personal or professional service 337
offered in the contract; 338
2. An explanation of why the personal or 339
professional service is the only one that can meet the needs of 340
the agency; 341
3. An explanation of why the source is the 342
only person or entity that can provide the required personal or 343
professional service; 344
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4. An explanation of why the amount to be 345
expended for the personal or professional service is reasonable; 346
and 347
5. The efforts that the agency went through 348
to obtain the best possible price for the personal or professional 349
service. 350
(iv) If any person or entity objects and proposes 351
that the personal or professional service published under 352
subparagraph (iii) of this paragraph (o) is not a sole source 353
service and can be provided by another person or entity, then the 354
objecting person or entity shall notify the Public Procurement 355
Review Board and the agency that published the proposed sole 356
source contract with a detailed explanation of why the personal or 357
professional service is not a sole source service. 358
(v) 1. If the agency determines after review that 359
the personal or professional service in the proposed sole source 360
contract can be provided by another person or entity, then the 361
agency must withdraw the sole source contract publication from the 362
procurement portal website and submit the procurement of the 363
personal or professional service to an advertised competitive bid 364
or selection process. 365
2. If the agency determines after review that 366
there is only one (1) source for the required personal or 367
professional service, then the agency may appeal to the Public 368
Procurement Review Board. The agency has the burden of proving 369
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that the personal or professional service is only provided by one 370
(1) source. 371
3. If the Public Procurement Review Board has 372
any reasonable doubt as to whether the personal or professional 373
service can only be provided by one (1) source, then the agency 374
must submit the procurement of the personal or professional 375
service to an advertised competitive bid or selection process. No 376
action taken by the Public Procurement Review Board in this appeal 377
process shall be valid unless approved by a majority of the 378
members of the Public Procurement Review Board present and voting. 379
(vi) The Public Procurement Review Board shall 380
prepare and submit a quarterly report to the House of 381
Representatives and Senate Accountability, Efficiency and 382
Transparency Committees that details the sole source contracts 383
presented to the Public Procurement Review Board and the reasons 384
that the Public Procurement Review Board approved or rejected each 385
contract. These quarterly reports shall also include the 386
documentation and memoranda required in subsection (4) of this 387
section. An agency that submitted a sole source contract shall be 388
prepared to explain the sole source contract to each committee by 389
December 15 of each year upon request by the committee; 390
(p) Assess any fines and administrative penalties 391
provided for in Sections 31-7-401 through 31-7-423. 392
(3) All submissions shall be made sufficiently in advance of 393
each monthly meeting of the Public Procurement Review Board as 394
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prescribed by the Public Procurement Review Board. If the Public 395
Procurement Review Board rejects any contract submitted for review 396
or approval, the Public Procurement Review Board shall clearly set 397
out the reasons for its action, including, but not limited to, the 398
policy that the agency has violated in its submitted contract and 399
any corrective actions that the agency may take to amend the 400
contract to comply with the rules and regulations of the Public 401
Procurement Review Board. 402
(4) All sole source contracts for personal and professional 403
services awarded by state agencies, other than those exempted 404
under Section 27-104-7(2)(f) and (8), whether approved by an 405
agency head or the Public Procurement Review Board, shall contain 406
in the procurement file a written determination for the approval, 407
using a request form furnished by the Public Procurement Review 408
Board. The written determination shall document the basis for the 409
determination, including any market analysis conducted in order to 410
ensure that the service required was practicably available from 411
only one (1) source. A memorandum shall accompany the request 412
form and address the following four (4) points: 413
(a) Explanation of why this service is the only service 414
that can meet the needs of the purchasing agency; 415
(b) Explanation of why this vendor is the only 416
practicably available source from which to obtain this service; 417
(c) Explanation of why the price is considered 418
reasonable; and 419
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(d) Description of the efforts that were made to 420
conduct a noncompetitive negotiation to get the best possible 421
price for the taxpayers. 422
(5) In conjunction with the State Personnel Board, the 423
Public Procurement Review Board shall develop and promulgate rules 424
and regulations to define the allowable legal relationship between 425
contract employees and the contracting departments, agencies and 426
institutions of state government under the jurisdiction of the 427
State Personnel Board, in compliance with the applicable rules and 428
regulations of the federal Internal Revenue Service (IRS) for 429
federal employment tax purposes. Under these regulations, the 430
usual common law rules are applicable to determine and require 431
that such worker is an independent contractor and not an employee, 432
requiring evidence of lawful behavioral control, lawful financial 433
control and lawful relationship of the parties. Any state 434
department, agency or institution shall only be authorized to 435
contract for personnel services in compliance with those 436
regulations. 437
(6) No member of the Public Procurement Review Board shall 438
use his or her official authority or influence to coerce, by 439
threat of discharge from employment, or otherwise, the purchase of 440
commodities, the contracting for personal or professional 441
services, or the contracting for public construction under this 442
chapter. 443
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(7) Notwithstanding any other laws or rules to the contrary, 444
the provisions of subsection (2) of this section shall not be 445
applicable to the Mississippi State Port Authority at Gulfport. 446
(8) Nothing in this section shall impair or limit the 447
authority of the Board of Trustees of the Public Employees' 448
Retirement System to enter into any personal or professional 449
services contracts directly related to their constitutional 450
obligation to manage the trust funds, including, but not limited 451
to, actuarial, custodial banks, cash management, investment 452
consultant and investment management contracts. Nothing in this 453
section shall impair or limit the authority of the State Treasurer 454
to enter into any personal or professional services contracts 455
involving the management of trust funds, including, but not 456
limited to, actuarial, custodial banks, cash management, 457
investment consultant and investment management contracts. 458
(9) Through December 31, * * * 2029, the provisions of this 459
section related to rental agreements * * *, leasing of real 460
property, or agreements for equipment, training, recruitment, 461
construction or renovation for the purpose of conducting agency 462
business shall not apply to the Office of Workforce Development 463
created in Section 37-153-7. 464
SECTION 2. Section 37-153-5, Mississippi Code of 1972, is 465
amended as follows: 466
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37-153-5. For purposes of this article, the following words 467
and phrases shall have the meanings respectively ascribed in this 468
section unless the context clearly indicates otherwise: 469
(a) "State board" or "board" means the Mississippi 470
State Workforce Investment Board. 471
(b) "District councils" means the Local Workforce 472
Development Councils. 473
(c) "Local workforce investment board" means the board 474
that oversees the workforce development activities of local 475
workforce areas under the federal Workforce * * * Innovation 476
Opportunity Act. 477
(d) "Office" means the Mississippi Office of Workforce 478
Development, housed at the Department of * * * Employment 479
Security. 480
SECTION 3. Section 37-153-7, Mississippi Code of 1972, is 481
amended as follows: 482
37-153-7. (1) There is created the Mississippi Office of 483
Workforce Development and the Mississippi State Workforce 484
Investment Board, which shall serve as the advisory board for the 485
office. The Mississippi State Workforce Investment Board shall be 486
composed of thirty-one (31) voting members, of which a majority 487
shall be representatives of business and industry in accordance 488
with the federal Workforce Innovation and Opportunity Act, or any 489
successive acts. 490
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(2) The members of the State Workforce Investment Board 491
shall include: 492
(a) The Governor, or his designee; 493
(b) Nineteen (19) members, appointed by the Governor, 494
of whom: 495
(i) A majority shall be representatives of 496
businesses in the state, who: 497
1. Are owners of businesses, chief executives 498
or operating officers of businesses, or other business executives 499
or employers with optimum policymaking or hiring authority, and 500
who, in addition, may be members of a local board described in 501
Section 3122(b)(2)(A)(i) of the federal Workforce Innovation and 502
Opportunity Act. At least two (2) of the members appointed under 503
this item 1. shall be small business owners, chief executives or 504
operating officers of businesses with less than fifty (50) 505
employees; 506
2. Represent businesses, including small 507
businesses, or organizations representing businesses, which 508
provide employment opportunities that, at a minimum, include 509
high-quality, work-relevant training and development in 510
high-demand industry sectors or occupations in the state; and 511
3. Are appointed from among individuals 512
nominated by state business organizations and business trade 513
associations; 514
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(ii) Not less than twenty percent (20%) shall 515
consist of representatives of the workforce within the state, 516
which: 517
1. Includes labor organization 518
representatives who have been nominated by state labor 519
federations; 520
2. Includes a labor organization member or 521
training director from an apprenticeship program in the state, 522
which shall be a joint labor-management apprenticeship program if 523
such a program exists in the state; 524
3. May include representatives of 525
community-based organizations, including organizations serving 526
veterans or providing or supporting competitive, integrated 527
employment for individuals with disabilities, who have 528
demonstrated experience and expertise in addressing employment, 529
training or education needs of individuals with barriers to 530
employment; and 531
4. May include representatives of 532
organizations, including organizations serving out-of-school 533
youth, who have demonstrated experience or expertise in addressing 534
the employment, training or education needs of eligible youth; 535
(iii) The balance shall include government 536
representatives, including the lead state officials with primary 537
responsibility for core programs, and chief elected officials 538
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(collectively representing both cities and counties, where 539
appropriate); 540
(c) Two (2) representatives of businesses in the state 541
appointed by the Lieutenant Governor; 542
(d) Two (2) representatives of businesses in the state 543
appointed by the Governor from a list of three (3) recommendations 544
from the Speaker of the House; and 545
(e) The following state officials or their designees: 546
(i) The Executive Director of the Mississippi 547
Department of Employment Security; 548
(ii) The Executive Director of the Department of 549
Rehabilitation Services; 550
(iii) The State Superintendent of Public 551
Education; 552
(iv) The Executive Director of the Mississippi 553
Development Authority; 554
(v) The Executive Director of the Mississippi 555
Community College Board; 556
(vi) The President of the Community College 557
Association; and 558
(vii) The Commissioner of Higher Education. 559
(f) One (1) senator, appointed by the Lieutenant 560
Governor, and one (1) representative, appointed by the Speaker of 561
the House, shall serve on the state board in a nonvoting capacity. 562
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(g) The Governor may appoint additional members if 563
required by the federal Workforce Innovation and Opportunity Act, 564
or any successive acts. 565
(h) Members of the board shall serve a term of four (4) 566
years, and shall not serve more than three (3) consecutive terms. 567
(i) The membership of the board shall reflect the 568
diversity of the State of Mississippi. 569
(j) The Governor shall designate the Chairman of the 570
Mississippi State Workforce Investment Board from among the 571
business and industry voting members of the board, and a quorum of 572
the board shall consist of a majority of the voting members of the 573
board. 574
(k) The voting members of the board who are not state 575
employees shall be entitled to reimbursement of their reasonable 576
expenses in the manner and amount specified in Section 25-3-41 and 577
shall be entitled to receive per diem compensation as authorized 578
in Section 25-3-69. 579
(3) Members of the state board may be recalled by their 580
appointing authority for cause, including a felony conviction, 581
fraudulent or dishonest acts or gross abuse of discretion, failure 582
to meet board member qualifications, or chronic failure to attend 583
board meetings. 584
(4) The Mississippi Department of Employment Security shall 585
establish limits on administrative costs for each portion of 586
Mississippi's workforce development system consistent with the 587
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federal Workforce Investment Act or any future federal workforce 588
legislation. 589
(5) The Mississippi State Workforce Investment Board shall 590
have the following duties, which are intended to be consistent 591
with the scope of duties provided in the federal Workforce 592
Innovation and Opportunity Act, amendments and successor 593
legislation to this act, and other relevant federal law: 594
(a) Through the office, develop and submit to the 595
Governor, Lieutenant Governor and Speaker of the House a strategic 596
plan for an integrated state workforce development system that 597
aligns resources and structures the system to more effectively and 598
efficiently meet the demands of Mississippi's employers and job 599
seekers. This plan will comply with the federal Workforce 600
Investment Act of 1998, as amended, the federal Workforce 601
Innovation and Opportunity Act of 2014 and amendments and 602
successor legislation to these acts; 603
(b) Assist the Governor, Lieutenant Governor and 604
Speaker of the House in the development and continuous improvement 605
of the statewide workforce investment system that shall include: 606
(i) Development of linkages in order to assure 607
coordination and nonduplication among programs and activities; and 608
(ii) Review local workforce development plans that 609
reflect the use of funds from the federal Workforce Investment 610
Act, Workforce Innovation and Opportunity Act, the Wagner-Peyser 611
Act and the amendment or successor legislation to the acts, and 612
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the Mississippi Comprehensive Workforce Training and Education 613
Consolidation Act; 614
(c) Recommend to the office the designation of local 615
workforce investment areas as required in Section 116 of the 616
federal Workforce Investment Act of 1998 and the Workforce 617
Innovation and Opportunity Act of 2014. There shall be four (4) 618
workforce investment areas that are generally aligned with the 619
planning and development district structure in Mississippi. 620
Planning and development districts will serve as the fiscal agents 621
to manage Workforce * * * Innovation Opportunity Act funds, 622
oversee and support the local workforce investment boards aligned 623
with the area and the local programs and activities as delivered 624
by the one-stop employment and training system. The planning and 625
development districts will perform this function through the 626
provisions of the county cooperative service districts created 627
under Sections 19-3-101 through 19-3-115; however, planning and 628
development districts currently performing this function under the 629
Interlocal Cooperation Act of 1974, Sections 17-13-1 through 630
17-13-17, may continue to do so; 631
(d) Assist the Governor in the development of an 632
allocation formula for the distribution of funds for adult 633
employment and training activities and youth activities to local 634
workforce investment areas; 635
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(e) Recommend comprehensive, results-oriented measures 636
that shall be applied to all of Mississippi's workforce 637
development system programs; 638
(f) Assist the Governor in the establishment and 639
management of a one-stop employment and training system conforming 640
to the requirements of the federal Workforce Investment Act of 641
1998 and the Workforce Innovation and Opportunity Act of 2014, as 642
amended, recommending policy for implementing the Governor's 643
approved plan for employment and training activities and services 644
within the state. In developing this one-stop career operating 645
system, the Mississippi State Workforce Investment Board, in 646
conjunction with local workforce investment boards, shall: 647
(i) Design broad guidelines for the delivery of 648
workforce development programs; 649
(ii) Identify all existing delivery agencies and 650
other resources; 651
(iii) Define appropriate roles of the various 652
agencies to include an analysis of service providers' strengths 653
and weaknesses; 654
(iv) Determine the best way to utilize the various 655
agencies to deliver services to recipients; and 656
(v) Develop a financial plan to support the 657
delivery system that shall, at a minimum, include an 658
accountability system; 659
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(g) To provide authority, in accordance with any 660
executive order of the Governor, for developing the necessary 661
collaboration among state agencies at the highest level for 662
accomplishing the purposes of this article; 663
(h) To monitor the effectiveness of the workforce 664
development centers and WIN job centers; 665
(i) To advise the Governor, public schools, community 666
and junior colleges and institutions of higher learning on 667
effective school-to-work transition policies and programs that 668
link students moving from high school to higher education and 669
students moving between community colleges and four-year 670
institutions in pursuit of academic and technical skills training; 671
(j) To work with industry to identify barriers that 672
inhibit the delivery of quality workforce education and the 673
responsiveness of educational institutions to the needs of 674
industry; 675
(k) To provide periodic assessments on effectiveness 676
and results of the overall Mississippi comprehensive workforce 677
development system and district councils; 678
(l) Develop broad statewide development goals, 679
including a goal to raise the state's labor force participation 680
rate; 681
(m) Perform a comprehensive review of Mississippi's 682
workforce development efforts, including the amount spent and 683
effectiveness of programs supported by state or federal money; and 684
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(n) To assist the Governor in carrying out any other 685
responsibility required by the federal Workforce Investment Act of 686
1998, as amended and the Workforce Innovation and Opportunity Act, 687
successor legislation and amendments. 688
(6) The Mississippi State Workforce Investment Board shall 689
coordinate all training programs and funds within its purview, 690
consistent with the federal Workforce Investment Act, Workforce 691
Innovation and Opportunity Act, amendments and successor 692
legislation to these acts, and other relevant federal law. 693
Each state agency director responsible for workforce training 694
activities shall advise the Mississippi Office of Workforce 695
Development and the State Workforce Investment Board of 696
appropriate federal and state requirements. Each state agency, 697
department and institution shall report any monies received for 698
workforce training activities or career and technical education 699
and a detailed itemization of how those monies were spent to the 700
state board. The board shall compile the data and provide a 701
report of the monies and expenditures to the Chairs of the House 702
and Senate Appropriations Committee, the Chair of the House 703
Workforce Development Committee and the Chair of the Senate 704
Economic and Workforce Development Committee by * * * November 1 705
of each year. Each such state agency director shall remain 706
responsible for the actions of his or her agency; however, each 707
state agency and director shall work cooperatively to fulfill the 708
state's goals. 709
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(7) The State Workforce Investment Board shall establish an 710
executive committee, which shall consist of the following State 711
Workforce Investment Board members: 712
(a) The Chair of the State Workforce Investment Board; 713
(b) Two (2) business representatives currently serving 714
on the state board selected by the Governor; 715
(c) The two (2) business representatives currently 716
serving on the state board appointed by the Lieutenant Governor; 717
(d) The two (2) business representatives currently 718
serving on the state board appointed by the Governor from a list 719
of three (3) recommendations from the Speaker of the House; 720
(e) The two (2) legislators, who shall serve in a 721
nonvoting capacity, one (1) of whom shall be appointed by the 722
Lieutenant Governor from the membership of the Mississippi Senate 723
and one (1) of whom shall be appointed by the Speaker of the House 724
of Representatives from the membership of the Mississippi House of 725
Representatives. 726
(8) The executive committee shall select an executive 727
director of the Office of Workforce Development, with the advice 728
and consent of a majority of the State Workforce Investment Board. 729
The executive committee shall seek input from economic development 730
organizations across the state when selecting the executive 731
director. The executive director shall: 732
(a) Be a person with extensive experience in 733
development of economic, human and physical resources, and 734
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promotion of industrial and commercial development. The executive 735
director shall have a bachelor's degree from a state-accredited 736
institution and no less than eight (8) years of professional 737
experience related to workforce or economic development; 738
(b) Perform the functions necessary for the daily 739
operation and administration of the office, with oversight from 740
the executive committee and the State Workforce Investment Board, 741
to fulfill the duties of the state board as described in Chapter 742
476, Laws of 2020; 743
(c) Hire staff needed for the performance of his or her 744
duties under Chapter 476, Laws of 2020. The executive director, 745
with approval from the executive committee, shall set the 746
compensation of any hired employees from any funds made available 747
for that purpose; 748
(d) Enter any part of the Mississippi Community College 749
Board, individual community and junior colleges, or other 750
workforce training facilities operated by the state or its 751
subdivisions; 752
(e) Serve at the will and pleasure of the executive 753
committee; 754
(f) Promulgate rules and regulations, subject to 755
oversight by the executive committee, not inconsistent with this 756
article, as may be necessary to enforce the provisions in Chapter 757
476, Laws of 2020; and 758
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(g) Perform any other actions he or she, in 759
consultation with the executive committee, deems necessary to 760
fulfill the duties under Chapter 476, Laws of 2020. 761
(9) The office shall file an annual and a quarterly report 762
with the Governor, Secretary of State, President of the Senate, 763
Speaker of the House, Chairman of the House Workforce Development 764
Committee and Chairman of the Senate Economic and Workforce 765
Development Committee. The annual report shall be filed not later 766
than * * * November 1 of each year regarding all funds approved by 767
the office to be expended on workforce training during the prior 768
calendar year. The quarterly and annual reports shall include: 769
(a) Information on the performance of the Mississippi 770
Workforce Enhancement Training Fund and the Mississippi Works 771
Fund, in terms of adding value to the local and state economy, the 772
contribution to future growth of the state economy, and movement 773
toward state goals, including increasing the labor force 774
participation rate; 775
(b) With respect to specific workforce training 776
projects: 777
(i) The location of the training; 778
(ii) The amount allocated to the project; 779
(iii) The purpose of the project; 780
(iv) The specific business entity that is the 781
beneficiary of the project; 782
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(v) The number of employees intended to be trained 783
and actually trained, if applicable, in the course of the project; 784
and 785
(vi) The types of funds used for the project; 786
(c) With respect to the grants that have been awarded 787
under the Mississippi K-12 Workforce Development Grant Program 788
created in Section 37-153-221: 789
(i) The entity that was awarded the grant; 790
(ii) The amount allocated to the grant; 791
(iii) The purpose of the grant; 792
(iv) How the grant has been used since it was 793
awarded; and 794
(d) With respect to the office's authority to select 795
tools and resources, including necessary online platforms and 796
similar systems in furtherance of the mission of the office: 797
(i) The policies that the office has adopted or 798
amended on the process for the selection of tools and resources, 799
including necessary online platforms and similar systems in 800
furtherance of the mission of the office; 801
(ii) The eligible entities that the office 802
determined may provide services, such as companies, nonprofit 803
organizations, or other similar groups; 804
(iii) Any tools and resources, including necessary 805
online platforms and similar systems in furtherance of the mission 806
of the office, that have been selected by the office; and 807
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(iv) What entity received the benefit of the tools 808
and resources that were selected. 809
(e) All information concerning a proposed project which 810
is provided to the executive director shall be kept confidential. 811
Except as provided in subsections (13) and (14), such 812
confidentiality shall not limit disclosure under the Mississippi 813
Public Records Act of 1983 of records describing the nature, 814
quantity, cost or other pertinent information related to the 815
activities of, or services performed using, the Mississippi 816
Workforce Enhancement Training Fund or the Mississippi Works Fund. 817
(10) In addition to other powers and duties provided in this 818
section, the Office of Workforce Development shall also have the 819
following powers and duties: 820
(a) Direct access to accounting and banking statements 821
for all funds under its direction to ensure accurate and efficient 822
management of funds and to improve internal control; 823
(b) The ability to enter into nondisclosure agreements 824
to effectively support economic development activities and the 825
proprietary nature of customized training for existing and new 826
industry; 827
(c) To adopt and promulgate such rules and regulations 828
as may be necessary or desirable for the purpose of implementing 829
the Mississippi K-12 Workforce Development Grant Program created 830
in Section 37-153-221; 831
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(d) To receive contributions, donations, gifts, 832
bequests of money, other forms of financial assistance and 833
property, equipment, materials or manpower from persons, 834
foundations, trust funds, corporations, organizations and other 835
sources, public or private, made to the office, and may expend or 836
use the same in accordance with the conditions prescribed by the 837
donor, provided that no such condition is contrary to any 838
provision of law; 839
(e) To contract with state agencies, governing 840
authorities or economic and workforce development entities for 841
shared programmatic efforts and support service or joint 842
employment of personnel in order to further the office's purposes; 843
(f) To determine, subject to appropriation, the need 844
for and, if desired, the selection of tools and resources, 845
including necessary online platforms and similar systems in 846
furtherance of the mission of the office, through processes 847
established in policies adopted by the office that are deemed to 848
be practical, feasible and in the public interest. These 849
processes shall outline eligible entities that may provide such 850
services, such as companies, nonprofit organizations, or other 851
similar groups and shall ensure the office determines metrics for 852
success, including deliverables as required by the office; 853
(g) To implement the career coaching program provided 854
for in Section 37-73-3; 855
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(h) To provide career coaches with access to technology 856
to develop customized career pathways and connect students with 857
postsecondary and employment opportunities matching their skills 858
and interests; and 859
(i) To implement and oversee programs providing support 860
to community and junior colleges for training needs that may arise 861
when new businesses locate in Mississippi, to include providing 862
support to existing industries that may lose employees as a result 863
of the new business. 864
Through December 31, * * * 2029, the provisions of Section 865
27-104-7 related to rental agreements * * *, leasing of real 866
property or agreements for equipment, training, recruitment, 867
construction or renovation for the purpose of conducting agency 868
business shall not apply to the office. 869
(11) Nothing in Chapter 476, Laws of 2020 [Senate Bill No. 870
2564] shall void or otherwise interrupt any contract, lease, grant 871
or other agreement previously entered into by the State Workforce 872
Investment Board, Mississippi Community College Board, individual 873
community or junior colleges, or other entities. 874
(12) Any records of the office which contain client 875
information from the Mississippi Development Authority or local 876
economic development entities concerning development projects 877
shall be exempt from the provisions of the Mississippi Public 878
Records Act of 1983 for a period of two (2) years after receipt of 879
the information by the office. Confidential client information as 880
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ST: Workforce development; extend the date of
repeal of certain sections and make technical
amendments.
described in this section shall not include the information which 881
must be disclosed by the certified applicant related to a 882
qualified economic development project in the annual report 883
described in Section 57-1-759. 884
(13) Confidential client information in public records held 885
by the office shall be exempt from the provisions of the 886
Mississippi Public Records Act of 1983 during any period of review 887
and negotiation on a project proposal facilitated by the 888
Mississippi Development Authority or local economic development 889
entities and for a period of thirty (30) days after approval, 890
disapproval or abandonment of the proposal not to exceed one (1) 891
year. 892
SECTION 4. Section 37-153-17, Mississippi Code of 1972, is 893
amended as follows: 894
37-153-17. Sections * * * 37-153-9, 37-153-11 * * * and 895
37-153-13 * * * shall stand repealed on July 1, 2026. Sections 896
37-153-1, 37-153-3, 37-153-5, 37-153-7 and 37-153-15 shall stand 897
repealed on July 1, 2029. 898
SECTION 5. This act shall take effect and be in force from 899
and after June 30, 2026. 900