Bill Text: MS HB1490 | 2010 | Regular Session | Comm Sub
Bill Title: Public buildings; require to be painted and furnished with Mississippi produced and manufactured products.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Failed) 2010-02-11 - Died On Calendar [HB1490 Detail]
Download: Mississippi-2010-HB1490-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Public Property
By: Representatives Barker, Bell, Bounds, Jones (111th)
House Bill 1490
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTION 31-7-15, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL STATE-OWNED PUBLIC FACILITIES TO BE PAINTED, EQUIPPED AND FURNISHED WITH PRODUCTS PROCESSED OR MANUFACTURED AT A MISSISSIPPI INSTITUTION OF HIGHER LEARNING, PROVIDED THAT THE INSTITUTION IS CAPABLE OF PRODUCING THE PAINT OR FURNITURE, OR WITH PRODUCTS PROCESSED OR MANUFACTURED WITHIN THE STATE OF MISSISSIPPI BY A MISSISSIPPI-BASED COMPANY OR INDUSTRY AND THOSE PRODUCTS ARE OF EQUAL PRICE AND QUALITY AS COMPETITORS; TO EXEMPT LOCAL SCHOOL DISTRICTS AND STATE INSTITUTIONS OF HIGHER LEARNING FROM COMPLIANCE WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 31-7-15, Mississippi Code of 1972, is amended as follows:
31-7-15. (1) Whenever two (2) or more competitive bids are received, one or more of which relates to commodities grown, processed or manufactured within this state, and whenever all things stated in the received bids are equal with respect to price, quality and service, the commodities grown, processed or manufactured within this state shall be given preference. A similar preference shall be given to commodities grown, processed or manufactured within this state whenever purchases are made without competitive bids, and when practical the Department of Finance and Administration may by regulation establish reasonable preferential policies for other commodities, giving preference to resident suppliers of this state.
(2) Any foreign manufacturing company with a factory in the state and with over fifty (50) employees working in the state shall have preference over any other foreign company where both price and quality are the same, regardless of where the product is manufactured.
(3) On or before January 1, 1991, the Department of Finance and Administration shall adopt bid and product specifications to be utilized by all state agencies that encourage the procurement of commodities made from recovered materials. Preference in awarding contracts for commodities shall be given to commodities offered at a competitive price.
(4) Each state agency is required to procure products made from recovered materials when those products are available at a competitive price. For purposes of this subsection and subsection (3) of this section, "competitive price" means a price not greater than ten percent (10%) above the lowest and best bidder. A decision not to procure products made from recovered materials must be based on a determination that such procurement:
(a) Is not available within a reasonable period of time; or
(b) Fails to meet the performance standards set forth in the applicable specifications; or
(c) Is not available at a competitive price.
(5) Whenever economically feasible, each state agency is required to purchase products manufactured or sold by the Mississippi Industries for the Blind.
(6) Each state agency and government authority, in painting and furnishing public facilities, is required to procure those paint products and furniture, as defined in Section 31-7-1, from a Mississippi-based company or industry, provided that those items are available for purchase in the state and are equal with respect to price and quality as required under subsection (1) of this section for purposes of being given preference.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.
