MISSISSIPPI LEGISLATURE
2014 Regular Session
To: S.C. Accountblty,Efficiency,Transparency
By: Representatives Turner, Arnold, Baker, Boyd, Chism, Eaton, Staples, Taylor, Dixon
AN ACT TO AMEND SECTION 25-9-120, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPOSITION OF THE PERSONAL SERVICE CONTRACT REVIEW BOARD; TO REMOVE THE EXEMPTION OF CERTAIN PROFESSIONAL SERVICES CONTRACTS FROM REVIEW BY THE BOARD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-9-120, Mississippi Code of 1972, is amended as follows:
25-9-120. (1) Contract personnel, whether classified as contract workers or independent contractors shall not be deemed state service or nonstate service employees of the State of Mississippi, and shall not be eligible to participate in the Public Employees' Retirement System, or the state employee health plan, nor be allowed credit for personal and sick leave and other leave benefits as employees of the State of Mississippi, notwithstanding Sections 25-3-91 through 25-3-101; 25-9-101 through 25-9-151; 25-11-1 through 25-11-126; 25-11-128 through 25-11-131; 25-15-1 through 25-15-23 and for the purpose set forth herein. Contract workers, i.e., contract personnel who do not meet the criteria of independent contractors, shall be subject to the provisions of Section 25-11-127.
(2) There is * * * created the Personal Service Contract
Review Board, which shall be composed of the State Personnel Director, * * *
two (2) individuals appointed by the Governor, one (1) individual appointed
by the Lieutenant Governor, one (1) individual appointed by the State Auditor,
and the Secretary of State and Attorney General, or their designees. The
State Personnel Director shall be chairman and shall preside over the meetings
of the board. The board shall annually elect a vice chairman, who shall serve
in the absence of the chairman. No business shall be transacted, including
adoption of rules of procedure, without the presence of a quorum of the board. * * *
Four (4) members
shall be a quorum. No action shall be valid unless approved by the chairman
and * * * three
(3) other of those members present and voting, entered upon the minutes of
the board and signed by the chairman. Necessary clerical and administrative
support for the board shall be provided by the State Personnel Board. Minutes
shall be kept of the proceedings of each meeting, copies of which shall be
filed on a monthly basis with the Legislative Budget Office.
(3) The Personal Service Contract Review Board shall have the following powers and responsibilities:
(a) Promulgate rules
and regulations governing the solicitation and selection of contractual
services personnel including personal and professional services contracts for
any form of consulting, policy analysis, public relations, marketing, public
affairs, legislative advocacy services or any other contract that the board
deems appropriate for oversight, with the exception of any personal service
contracts entered into for computer or information technology-related services
governed by the Mississippi Department of Information Technology Services, any
personal service contracts entered into by the Mississippi Department of
Transportation, and any contract for attorney * * * services. Any such
rules and regulations shall provide for maintaining continuous internal audit
covering the activities of such agency affecting its revenue and expenditures
as required under Section 7-7-3(6)(d) * * *;
(b) Approve all personal and professional services contracts, not otherwise exempt herein, involving the expenditures of funds in excess of One Hundred Thousand Dollars ($100,000.00);
(c) Develop standards with respect to contractual services personnel which require invitations for public bid, requests for proposals, record keeping and financial responsibility of contractors. The Personal Service Contract Review Board may, in its discretion, require the agency involved to advertise such contract for public bid, and may reserve the right to reject any or all bids;
(d) Prescribe certain
circumstances * * * under
which agency heads may enter into contracts for personal and professional
services without receiving prior approval from the Personal Service Contract
Review Board. The Personal Service Contract Review Board may establish a
preapproved list of providers of various personal and professional services for
set prices with which state agencies may contract without bidding or prior
approval from the board * * *.;
(e) * * * Provide standards for the issuance of
requests for proposals, the evaluation of proposals received, consideration of
costs and quality of services proposed, contract negotiations, the
administrative monitoring of contract performance by the agency and successful
steps in terminating a contract;
(f) * * * Present recommendations for governmental
privatization and to evaluate privatization proposals submitted by any state
agency;
(g) * * * Authorize personal and professional service
contracts to be effective for more than one (1) year provided a funding
condition is included in any such multiple year contract, except the State
Board of Education, which shall have the authority to enter into contractual agreements
for student assessment for a period up to ten (10) years. The State Board of
Education shall procure these services in accordance with the Personal Service
Contract Review Board procurement regulations;
(h) * * * Request the State Auditor to conduct a
performance audit on any personal or professional service contract;
(i) Prepare an annual report to the Legislature concerning the issuance of personal service contracts during the previous year, collecting any necessary information from state agencies in making such report.
(4) No member of the Personal Service Contract Review Board shall use his official authority or influence to coerce, by threat of discharge from employment, or otherwise, the purchase of commodities or the contracting for personal or professional services under this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.