House Bill 433

AN ACT TO AMEND SECTION 7-7-27, MISSISSIPPI CODE OF 1972, TO ALLOW THE PRESIDENT OF A STATE INSTITUTION OF HIGHER LEARNING OR COMMUNITY COLLEGE, OR HIS DESIGNEE, AFTER TAKING INTO CONSIDERATION THE BEST INTEREST OF THE INSTITUTION, TO DETERMINE THAT A PAYMENT SHOULD BE MADE PRIOR TO RECEIPT OF GOODS OR SERVICES AND MAKE SUCH PAYMENT; TO PROVIDE THAT THIS AUTHORITY INCLUDES, BUT IS NOT LIMITED TO, SERVICE CONTRACTS OF LIMITED TIME PERIODS FOR LEASE OF OFFICE SPACE AND EQUIPMENT, SUBSCRIPTIONS, MEMBERSHIPS, MAINTENANCE AGREEMENTS, FUTURE PURCHASES OF COMMODITIES AND FUEL AT DISCOUNTED PRICES, COMPUTER SOFTWARE AND SUBGRANTEE DISBURSEMENTS UNDER FEDERAL GRANT PROGRAMS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 7-7-27, Mississippi Code of 1972, is amended as follows:

7-7-27. (1) All claims against the state as the result of purchases, services, salaries, travel expense, or other encumbrances made or liabilities incurred by any officer, department, division, board, commission, institution or other agency of the state authorized to incur such obligations, whether as the result of the issuance of purchase orders, as hereinabove provided, or not, shall be filed with, certified and approved by the agency incurring such obligation pursuant to rules and regulations established by the Department of Finance and Administration. These rules and regulations shall set forth certain circumstances where certification by the approving officers that the goods and services have been received or performed may be waived by the Department of Finance and Administration. Such waivers may pertain to, but should not be limited to, service contracts of limited time periods for lease of office space and equipment, computer software and subgrantee disbursements under federal grant programs.

(2) The president of a state institution of higher learning or community college, or his designee, after taking into consideration the best interest of the institution, may determine that a payment should be made prior to receipt of goods or services and make such payment. This authority includes, but is not limited to, service contracts of limited time periods for lease of office space and equipment, subscriptions, memberships, maintenance agreements, future purchases of commodities and fuel at discounted prices, computer software and subgrantee disbursements under federal grant programs.

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