Bill Text: MS SB2304 | 2015 | Regular Session | Introduced

Mississippi Senate Bill 2304 (Prior Session Legislation)

Introduced

Bill Title: County purchasing; clarify the responsibility of purchase clerk for purchases made without a requisition or binding contract.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-02-03 - Died In Committee [SB2304 Detail]

Download: Mississippi-2015-SB2304-Introduced.html

MISSISSIPPI LEGISLATURE

2015 Regular Session

To: County Affairs; Judiciary, Division B

By: Senator(s) Parker

Senate Bill 2304

AN ACT TO AMEND SECTION 31-7-103, MISSISSIPPI CODE OF 1972, TO CLARIFY THE RESPONSIBILITY OF THE COUNTY PURCHASE CLERK FOR THE PURCHASE OF ITEMS OR SERVICES MADE WITHOUT A PURCHASE REQUISITION OR BINDING CONTRACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 31-7-103, Mississippi Code of 1972, is amended as follows:

31-7-103. The purchase clerk shall be responsible as hereinafter provided for the purchase and acquisition of all equipment, heavy equipment, machinery, supplies, commodities, materials and services to be acquired for the county from successful bidders or other vendors, as authorized by law. The central purchase system shall comply with the requirements prescribed by the State Department of Audit under the authority of Section 7-7-211 and in accordance with Section 31-7-113, and the purchase clerk shall be responsible for the maintenance of such system. No requisition to purchase, purchase order or receiving report shall be required for the purchase of any item or services with an acquisition cost of not more than One Thousand Dollars ($1,000.00) in the aggregate; however, the invoice for every such purchase shall be signed by the department head or his or her designee, or a receipt signed by the person making the purchase shall be attached to the invoice and forwarded to the purchase clerk. No claim based on any such purchase shall be approved except after compliance with the provisions of this section. Instead of the purchase clerk, the person making the purchase of any item or services without a purchase requisition or binding contract shall be responsible to ensure the purchase is made according to state law and shall be personally liable when legal guidelines are not followed.

SECTION 2. This act shall take effect and be in force from and after July 1, 2015.