MISSISSIPPI LEGISLATURE

2025 Regular Session

To: Judiciary A

By: Representative Zuber

House Bill 261

AN ACT TO AUTHORIZE THE EXECUTIVE DIRECTOR OR THE HEAD OF A STATE AGENCY, THE PURCHASING AGENT, OR OTHER PERSON DESIGNATED BY THE STATE AGENCY, OR THE GOVERNING BODY OF THE STATE AGENCY, TO NEGOTIATE THE CONTRACT, TO NEGOTIATE A LIMITATION ON THE LIABILITY TO THE STATE OF PROSPECTIVE CONTRACTORS, PROVIDED SUCH LIMITATION AFFORDS THE STATE REASONABLE PROTECTION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  For purposes of this section, the phrase "state agency" means any agency, department or institution of the State of Mississippi.  In the negotiation and execution of any contract by or on behalf of a state agency, the executive director or the head of the state agency, the purchasing agent, or other person designated by the state agency, or the governing body of the state agency, to negotiate the contract, may negotiate a limitation on the liability to the state of prospective contractors, provided such limitation affords the state reasonable protection.  This negotiating power shall be in addition to any other authority that the executive director or head of the state agency, the purchasing agent, or other person designated by the state agency, or the governing body of the state agency, has to negotiate and enter into contracts.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2025.