MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Ports and Marine Resources

By: Senator(s) Hewes

AN ACT TO AMEND SECTION 59-5-37, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE PORT AUTHORITY TO ESTABLISH A TRADE DEVELOPMENT AND PROMOTION ACCOUNT TO PAY ALL DIRECT AND NECESSARY EXPENSES FOR THE PROMOTION AND DEVELOPMENT OF THE STATE PORT; TO REVISE THE ADVERTISING AND BIDDING REQUIREMENTS FOR STATE PORT AUTHORITY CONTRACTS OR PURCHASES; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 59-5-37, Mississippi Code of 1972, is amended as follows:

59-5-37. The board or State Port Authority, in the performance of its duties, may employ such personnel and make all contracts and purchases incidental to or necessary for the advancement, promotion, development, establishment, insurance, maintenance, repair, improvement and operation of any ports, harbors, rivers, channels and waterways including, if required for its protection, retirement benefits, workers' compensation insurance and other employee benefits for the benefit of any employees of the board or State Port Authority. The board or State Port Authority may establish a trade development and promotion account to pay all direct and necessary expenses for the promotion and development of the state port. The authority is granted the power to sue and be sued in its own name.

The board or State Port Authority may, in its discretion, make such contracts or purchases without the necessity of prior advertisement or public bids, provided such contracts or purchases do not involve expenditure of sums in excess of Five Thousand Dollars ($5,000.00); and any other contracts let for any port, harbor, river, channel or waterway improvements shall be advertised as required by law for the letting of public contracts, and such contracts shall be awarded to the lowest and best bidder who shall make bond as shall be required by the board or State Port Authority conditioned for the faithful prosecution and completion of work according to such contracts, such bond to be furnished by a corporate surety company qualified to do business in this state. Except, however, that the board may negotiate and enter into contracts with responsible lessees for the construction of facilities by lessees, such as those referred to in Section 59-5-11, and the acquisition thereof by the board upon such terms and conditions and for such amount as may be approved by the board.

SECTION 2. This act shall take effect and be in force from and after its passage.