Bill Text: MS HB528 | 2019 | Regular Session | Comm Sub
Bill Title: Contracts; provide additional penalties for a person who splits to avoid competitive purchasing procedures.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2019-02-14 - Died On Calendar [HB528 Detail]
Download: Mississippi-2019-HB528-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Accountability, Efficiency, Transparency
By: Representative Turner
House Bill 528
(COMMITTEE SUBSTITUTE)
AN ACT TO PROVIDE FOR ADDITIONAL PENALTIES IF THE PUBLIC PROCUREMENT REVIEW BOARD FINDS THAT THE PROCUREMENT OFFICER OF AN AGENCY OR GOVERNING AUTHORITY OR A VENDOR VIOLATES THE PROVISIONS OF SECTION 31-7-13(O); TO PROVIDE THAT EACH INVITATION FOR BID, REQUEST FOR PROPOSALS, REQUEST FOR QUALIFICATION, REVERSE AUCTION OR OTHER METHOD USED FOR SOLICITING PURCHASES FOR AGENCIES AND GOVERNING AUTHORITIES SHALL INCLUDE A SECTION THAT PROVIDES SECTION 31-7-13(O) IN ITS ENTIRETY; TO BRING FORWARD SECTION 27-104-103, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE DUTIES OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) If the Public Procurement Review Board finds that the procurement officer of an agency or governing authority has violated the provisions of Section 31-7-13(o), he or she shall be subject to the penalties provided for in Section 31-7-13(o) as well as the penalties provided for in Sections 31-7-55 and 31-7-57 and a referral of the violation to the State Auditor and the Attorney General.
(2) If the Public Procurement Review Board finds that a vendor has violated the provisions of Section 31-7-13(o), then that vendor, including the principal or business owner, shall be banned from doing any business with the state or any municipality for three (3) years after the first violation. If that vendor, including the principal or business owner, commits a subsequent violation of Section 31-7-13(o), then that vendor, including the principal and business owner, shall be banned indefinitely from doing any business with the state or any municipality.
(3) The penalties provided in this section shall be in addition to those penalties provided for in Section 31-7-13(o).
(4) Each invitation for bid, request for proposals, request for qualification, reverse auction, or other method used for soliciting purchases for agencies and governing authorities shall include a section that provides Section 31-7-13(o) in its entirety. The section shall be in bold print and a font size that is at least one (1) size larger than the font size used throughout the document. For the purposes of this section, the word "purchases" includes all procurements of any type of commodities, public construction, or personal or professional services under the purview of the Public Procurement Review Board.
SECTION 2. Section 27-104-103, Mississippi Code of 1972, is brought forward as follows:
27-104-103. (1) The Department of Finance and Administration shall have the following duties and powers:
(a) To provide administrative guidance to the various departments and agencies of state government;
(b) To facilitate the expedient delivery of services and programs for the benefit of the citizens of the state;
(c) To analyze and develop efficient management practices and assist departments and agencies in implementing effective and efficient work management systems;
(d) To conduct management review of state agencies and departments and recommend a management plan to state departments and agencies when corrective action is required;
(e) To, at least annually, report to the Governor and the Legislature on programs and actions taken to improve the conduct of state operations and to prepare and recommend management programs for effective and efficient management of the operations of state government;
(f) To allocate the federal-state programs funds to the departments responsible for the delivery of the programs and services for which the appropriation was made;
(g) To coordinate the planning functions of all agencies in the executive branch of government and review any and all plans which are developed by those agencies and departments;
(h) To collect and maintain the necessary data on which to base budget and policy development issues;
(i) To develop and analyze policy recommendations to the Governor;
(j) To develop and manage the executive budget process;
(k) To prepare the executive branch budget recommendations;
(l) To review and monitor the expenditures of the executive agencies and departments of government;
(m) To manage the state's fiscal affairs;
(n) To administer programs relating to general services, public procurement, insurance and the Bond Advisory Division;
(o) To administer the state's aircraft operation.
(2) The department shall have the following additional powers and duties under Chapter 18 of Title 17:
(a) It shall acquire the site submitted by the Mississippi Hazardous Waste Facility Siting Authority and, if determined necessary, design, finance, construct and operate a state commercial hazardous waste management facility;
(b) It may acquire by deed, purchase, lease, contract, gift, devise or otherwise any real or personal property, structures, rights-of-way, franchises, easements and other interest in land which is necessary and convenient for the construction or operation of the state commercial hazardous waste management facility, upon such terms and conditions as it deems advisable, hold, mortgage, pledge or otherwise encumber the same, and lease, sell, convey or otherwise dispose of the same in such a manner as may be necessary or advisable to carry out the purposes of Chapter 18 of Title 17;
(c) It shall develop and implement, in consultation with the Department of Environmental Quality, schedules of user fees, franchise fees and other charges, including nonregulatory penalties and surcharges applicable to the state commercial hazardous waste management facility;
(d) It may employ consultants and contractors to provide services including site acquisition, design, construction, operation, closure, post-closure and perpetual care of the state commercial hazardous waste management facility;
(e) It may apply for and accept loans, grants and gifts from any federal or state agency or any political subdivision or any private or public organization;
(f) It shall make plans, surveys, studies and investigations as may be necessary or desirable with respect to the acquisition, development and use of real property and the design, construction, operation, closure and long-term care of the state commercial hazardous waste management facility;
(g) It shall have the authority to preempt any local ordinance or restriction which prohibits or has the effect of prohibiting the establishment or operation of the state commercial hazardous waste management facility;
(h) It may negotiate any agreement for site acquisition, design, construction, operation, closure, post-closure and perpetual care of the state commercial hazardous waste management facility and may negotiate any agreement with any local governmental unit pursuant to Chapter 18 of Title 17;
(i) It may promulgate rules and regulations necessary to effectuate the purposes of Chapter 18 of Title 17 not inconsistent therewith;
(j) If funds are not appropriated or if the appropriated funds are insufficient to carry out the provisions of Chapter 18 of Title 17, the department shall expend any funds available to it from any source to defray its costs to implement Chapter 18 of Title 17 through February 1, 1991.
(3) From and after July 1, 2016, the expenses of the Department of Finance and Administration shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under law such as rents, MAGIC fees, and other fees for services shall be deposited into the State General Fund as authorized by law.
(4) From and after July 1, 2016, the Department of Finance and Administration shall not charge another state agency a fee, assessment, rent or other charge for services or resources received by that state agency from the department.
SECTION 3. This act shall take effect and be in force from and after its passage.
