House Bill 1390

AN ACT TO AMEND SECTION 31-7-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE OFFICE OF PURCHASING AND TRAVEL TO ADOPT PURCHASING REGULATIONS GOVERNING THE USE OF CREDIT CARDS, PROCUREMENT CARDS AND/OR PURCHASING CLUB MEMBERSHIP CARDS TO BE USED BY STATE AGENCIES AND LOCAL GOVERNING AUTHORITIES; TO PROVIDE THAT USE OF THOSE CARDS MUST BE IN STRICT COMPLIANCE WITH THE REGULATIONS ESTABLISHED BY THE OFFICE; TO PROVIDE THAT ANY AMOUNTS DUE UNDER SUCH A CARD SHALL INCUR INTEREST CHARGES AND SHALL NOT BE CONSIDERED DEBT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 31-7-9, Mississippi Code of 1972, is amended as follows:

31-7-9. (1) The Office of Purchasing and Travel shall adopt purchasing regulations governing the purchase by any agency of any commodity or commodities and establishing standards and specifications for a commodity or commodities and the maximum fair prices of a commodity or commodities, subject to the approval of the Public Procurement Review Board. The office may adopt purchasing regulations governing the use of credit cards, procurement cards and/or purchasing club membership cards to be used by agencies and governing authorities; however, use of those cards must be in strict compliance with the regulations established by the office. Any amounts due under such a card shall incur interest charges as provided in Section 31-7-305 and shall not be considered debt. The office shall have the power to amend, add to or eliminate purchasing regulations. The adoption of, amendment, addition to or elimination of purchasing regulations shall be based upon a determination by the office, with the approval of the Public Procurement Review Board, that the action is reasonable and practicable and advantageous to promote efficiency and economy in the purchase of commodities by the agencies of the state. Upon the adoption of any purchasing regulation, or an amendment, addition to or elimination of any regulation, copies of them shall be furnished to the State Auditor and to all agencies affected by them. Thereafter, and except as otherwise may be provided in subsection (2) of this section, no agency of the state shall purchase any commodities covered by existing purchasing regulations unless those commodities are in conformity with the standards and specifications set forth in the purchasing regulations and unless the price of the commodities does not exceed the maximum fair price established by the purchasing regulations. The * * * office * * * shall furnish to any county or municipality or other local public agency of the state requesting them, copies of purchasing regulations adopted by the office * * * and any amendments, changes to or eliminations of the regulations that may be made from time to time.

(2) The Office of Purchasing and Travel shall adopt, subject to the approval of the Public Procurement Review Board, purchasing regulations governing the purchase of unmarked vehicles to be used by the Bureau of Narcotics and Department of Public Safety in official investigations under Section 25-1-87. The regulations shall ensure that purchases of those vehicles shall be at a fair price and shall take into consideration the peculiar needs of the Bureau of Narcotics and Department of Public Safety in undercover operations.

SECTION 2. This act shall take effect and be in force from and after July 1, 2002.