Senate Bill 2528

AN ACT TO AMEND SECTION 31-5-37, MISSISSIPPI CODE OF 1972, TO REQUIRE CONTRACTORS WHO SUBMIT BIDS FOR CERTAIN PUBLIC WORKS PROJECTS THAT UTILIZE FUNDS RECEIVED BY STATE OR LOCAL GOVERNMENTAL ENTITIES RESULTING FROM A FEDERALLY DECLARED DISASTER OR A SPILL OF NATIONAL SIGNIFICANCE TO CERTIFY THAT THEY WILL COMPLY WITH THE PROVISIONS OF THIS SECTION IF THEY ARE AWARDED SUCH CONTRACTS; TO PROVIDE THAT THE CONTRACTOR SHALL SUBMIT TO THE AGENCY OR GOVERNING AUTHORITY THAT SOLICITED THE BID AND THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY AN EMPLOYMENT PLAN WITHIN SEVEN DAYS AFTER THE AWARD OF THE CONTRACT; TO PROVIDE THAT FROM THE DATE WRITTEN NOTICE OF THE CONTRACT AWARD IS RECEIVED AND UNTIL TEN BUSINESS DAYS AFTER THE RECEIPT OF THE EMPLOYMENT PLAN BY THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY, THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT HIRE ANY PERSONNEL TO FILL VACANT POSITIONS NECESSARY FOR THE PUBLIC WORKS PROJECT EXCEPT THOSE QUALIFIED INDIVIDUALS WHO ARE SUBMITTED BY THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY; TO PROVIDE THAT THE CONTRACT AWARD SHALL BE VACATED IF THE CONTRACTOR FAILS TO COMPLY WITH CERTAIN PROVISIONS OF THIS SECTION; TO AUTHORIZE THE GOVERNOR TO WAIVE THE PROVISION OF THIS ACT IN AREAS THAT ARE COVERED BY A DECLARATION OF A STATE OF EMERGENCY OR DISASTER; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 31-5-37, Mississippi Code of 1972, is amended as follows:

31-5-37. (1) All public works projects utilizing funds received by state or local governmental entities resulting from a federally declared disaster or a spill of national significance, including damages, penalties, fines or supplemental projects paid or financed by responsible parties pursuant to a court order, negotiated settlement, or other instrument, including under any law distributing such fines and penalties including the federal Resources and Ecosystems Sustainability, Tourist Opportunities and Revived Economy of the Gulf Coast Act of 2011 (R.E.S.T.O.R.E.), the Oil Pollution Act of 1990 or the Federal Water Pollution Control Act or similar legislation, shall be subject to the hiring policies established by this section.

(2) Contractors submitting bids for public works projects * * *~~pursuant to Section 31‑7‑13(c)~~ that involve an expenditure of Five Thousand Dollars ($5,000.00) or more and that are financed in whole * * *, or in part * * *, through the use of funds described in subsection (1) of this section, shall submit with their bid a certification that they will comply with the provisions of this section if they are awarded a contract. The contractor shall submit to the agency or governing authority that solicited the bid and the Mississippi Department of Employment Security an employment plan within seven (7) days after the award of the contract which shall include the following:

(a) The types of jobs involved in the public works project;

(b) The skill level of the jobs involved in the project;

(d) The number of vacant positions that the contractor and any subcontractor needs to fill;

(e) How the contractor and any subcontractor will recruit, low wage and unemployed individuals for job vacancies;

(f) Such other information as may be required by the Mississippi Department of Employment Security; and

(g) Proof of registration with the Mississippi Department of Employment Security for taxation in accordance with the provisions of Title 71.

(3) * * * From the date written notice of the contract award is received and until ten (10) business days after the receipt of the employment plan by the Mississippi Department of Employment Security, the contractor and any subcontractor shall not * * *to hire any personnel to fill vacant positions necessary for the public works project except those qualified individuals who are submitted by the Mississippi Department of Employment Security * * *. During the ten-day period the Mississippi Department of Employment Security shall submit qualified individuals to the contractor to consider for the vacant positions. The contractor shall review the individuals submitted by the department before hiring individuals who are not submitted by the department. The contract award shall be vacated if the contractor fails to comply with the provisions of this subsection.

(4) The Governor may waive the provisions of this section in areas covered by a declaration of a state of emergency or disaster by the Governor or the President of the United States.

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