House Bill 895

AN ACT TO AMEND SECTION 31-7-103, MISSISSIPPI CODE OF 1972, TO INDEMNIFY PURCHASE CLERKS FROM LIABILITY IMPOSED FOR VIOLATIONS OF UNAPPROVED PURCHASES MADE BY INDIVIDUALS OTHER THAN THE PURCHASE CLERK IN VIOLATION OF PUBLIC PURCHASING LAWS ON PURCHASES WITH AN ACQUISITION COST IN EXCESS OF $1,000.00; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 31-7-103, Mississippi Code of 1972, is amended as follows:

31-7-103. The purchase clerk shall be responsible as hereinafter provided for the purchase and acquisition of all equipment, heavy equipment, machinery, supplies, commodities, materials and services to be acquired for the county from successful bidders or other vendors, as authorized by law. The central purchase system shall comply with the requirements prescribed by the State Department of Audit under the authority of Section 7-7-211 and in accordance with Section 31-7-113, and the purchase clerk shall be responsible for the maintenance of such system. No requisition to purchase, purchase order or receiving report shall be required for the purchase of any item or services with an acquisition cost of not more than One Thousand Dollars ($1,000.00) in the aggregate; however, the invoice for every such purchase shall be signed by the department head or his or her designee, or a receipt signed by the person making the purchase shall be attached to the invoice and forwarded to the purchase clerk. No claim based on any such purchase shall be approved except after compliance with the provisions of this section. Any individual who shall make any purchase without a purchase requisition or binding contract shall be responsible to ensure the purchase is made in accordance with the provisions of law governing such purchases, and shall be held personally liable for violations of such purchase procedures. Such actions of any individuals in violation of public purchasing procedures shall not be attributable to the purchase clerk, who shall be indemnified from such liability.

SECTION 2. This act shall take effect and be in force from and after July 1, 2014.