Bill Text: MS SB2259 | 2020 | Regular Session | Introduced

Mississippi Senate Bill 2259 (Prior Session Legislation)

Introduced

Bill Title: Bond counsel; require selection through a competitive request for proposals process.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2020-03-03 - Died In Committee [SB2259 Detail]

Download: Mississippi-2020-SB2259-Introduced.html

MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Finance

By: Senator(s) Hill

Senate Bill 2259

AN ACT TO REQUIRE THE STATE BOND COMMISSION, THE MISSISSIPPI DEVELOPMENT BANK AND THE MISSISSIPPI BUSINESS FINANCE CORPORATION TO SELECT BOND COUNSEL THROUGH A COMPETITIVE REQUEST FOR PROPOSALS PROCESS; TO AMEND SECTION 31-17-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTION 31-7-401, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The State Bond Commission, the Mississippi Development Bank and the Mississippi Business Finance Corporation shall select bond counsel through a competitive request for proposals process. The contract for bond counsel shall be awarded on the basis of the lowest and best proposal. In evaluating the proposals, the following factors shall be considered:

(a) The type of law firm or legal practice and its history;

(b) The r�sum�s and professional qualifications of the firm's staff, including relevant professional licenses, affiliations and specialties;

(d) Information about pending lawsuits or investigations, and judgments, indictments or convictions against the firm or its proprietors, partners, directors, officers or managers; and

(e) Any other information deemed necessary or helpful by the issuer.

(2) The request for proposals shall state that the selection shall be made on the basis of the lowest and best proposal. The issuer shall provide public notice of the request for proposals for not less than ten (10) working days. Public notice shall include publication in newspapers and websites of general circulation, and in trade publications considered to be appropriate by the issuer to give adequate public notice.

(3) Proposals shall be opened publicly at the time and place designated in the proposal. Each proposal shall be recorded and be open to public inspection. The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible proposal whose selection will be most advantageous to the State Bond Commission, Mississippi Development Bank or the Mississippi Business Finance Corporation, considering price and the other factors set forth in subsection (1) of this section.

SECTION 2. Section 31-17-5, Mississippi Code of 1972, is amended as follows:

31-17-5. (1) When a request for proposals for bond counsel for a general obligation or revenue bond issue is issued on behalf of the State Bond Commission, the request for proposal shall be issued as provided in Section 1 of this act and posted on the website of the Department of Finance and Administration and the State Treasurer.

(2) Once bond counsel is selected for a bond issue, the name and address of the counsel selected shall be posted on the website of the Department of Finance and Administration and the State Treasurer. The amount of any payments made to bond counsel for his or her services as bond counsel shall be posted on the website of the Department of Finance and Administration and the State Treasurer.

SECTION 3. Section 31-7-401, Mississippi Code of 1972, is brought forward as follows:

31-7-401. Applicability. Except as otherwise provided by law, the provisions of Sections 31-7-401 through 31-7-423 shall apply to every procurement of commodities, supplies, equipment, construction, technology, personal and professional services other than those in Section 27-104-7(2)(f) and (8), state agency employee benefits, supplemental insurance and cafeteria plans, that are solicited by any state agency by a request for proposals or request for qualifications. The following provisions are intended to ensure that the best practices for soliciting requests for proposals or requests for qualifications are implemented. Any agency that is required to receive approval by the Public Procurement Review Board before entering into a personal or professional services contract as provided in subsection (2)(g) of Section 27-104-7 shall implement the best practices specified in Sections 31-7-401 through 31-7-423. The Public Procurement Review Board shall promulgate any necessary rules and regulations to administer the provisions of Sections 31-7-401 through 31-7-423.

SECTION 4. This act shall take effect and be in force from and after July 1, 2020.