MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary B
By: Representative Gipson
AN ACT TO AMEND SECTIONS 19-13-111, 31-7-15 AND 31-7-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN THE LETTING OF PUBLIC CONTRACTS, PREFERENCE SHALL BE GIVEN TO RESIDENT BIDDERS WHENEVER ALL THINGS ARE EQUAL WITH REGARD TO QUALITY AND SERVICE BUT DIFFER ONLY WITH REGARD TO PRICE, IF THE AGGREGATE OF THE PRICES IN BIDS RECEIVED FROM RESIDENT BIDDERS IS NOT MORE THAN TWO PERCENT GREATER THAN THE AGGREGATE OF THE PRICES IN BIDS RECEIVED FROM NONRESIDENT BIDDERS; TO PROVIDE THAT A NONRESIDENT BIDDER DOMICILED IN A STATE HAVING LAWS GRANTING PREFERENCE TO RESIDENT BIDDERS SHALL BE AWARDED MISSISSIPPI CONTRACTS ONLY ON THE SAME BASIS AS THE NONRESIDENT BIDDER'S STATE AWARDS CONTRACTS TO MISSISSIPPI RESIDENTS BIDDING UNDER SIMILAR CIRCUMSTANCES; TO AMEND SECTION 31-7-55, MISSISSIPPI CODE OF 1972, TO PRESCRIBE A PENALTY FOR PERSONS WHO INTENTIONALLY, WILLFULLY AND KNOWINGLY VIOLATE THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-13-111, Mississippi Code of 1972, is amended as follows:
19-13-111. All bids and
contracts for stationery, blank books, office supplies and other things must be
specific in stating the kinds or brands and qualities of all articles, as far
as practicable; the weight per ream and material of all paper; the price per
quire and the weight per ream of books and record books, with the style of
binding and size of each kind of book duly classified * * *. If other things * * *
are substantially
equal * * * with respect to quality * * * and service but differing only with respect
to price, the board of supervisors shall give preference to bids from
citizens of this state, if the aggregate of the prices in bids received from
citizens of this state is not more than two percent (2%) greater than the
aggregate of the prices in bids received from nonresident bidders. A
nonresident bidder domiciled in a state having laws granting preference to
resident bidders shall be awarded Mississippi contracts only on the same basis
as the nonresident bidder's state awards contracts to Mississippi residents
bidding under similar circumstances; and resident bidders actually domiciled in
Mississippi, whether corporate, individuals, or partnerships, are to be granted
preference over nonresidents in awarding of contracts in the same manner and to
the same extent as provided by the laws of the state of domicile of the
nonresident. When a nonresident contractor submits a bid for a contract, he
shall attach to the bid a copy of his resident state's current law pertaining
to his state's treatment of nonresident bidders.
SECTION 2. Section 31-7-15, Mississippi Code of 1972, is amended as follows:
31-7-15. (1) (a)
Whenever two (2) or more competitive bids are received * * * and one or more * * *
relates to commodities
grown, processed or manufactured within this state, * * *
the bids relating to commodities grown, processed or manufactured within
this state shall be given preference if:
(i) The aggregate of the prices in received bids that relate to the commodities grown, processed or manufactured in this state is not more than two percent (2%) greater than the aggregate of the prices received from the lowest bidder; and
(ii) All other
things stated in * * * the received bids are substantially
equal with respect to * * *
quality and service * * *.
(b) A * * *
preference similar to
that authorized in paragraph (a) of this subsection shall be given to
commodities grown, processed or manufactured within this state whenever
purchases are made without competitive bids, and when practical the Department
of Finance and Administration may by regulation establish reasonable preferential
policies for other commodities, giving preference to resident suppliers of this
state.
(c) A nonresident bidder domiciled in a state having laws granting preference to resident bidders shall be awarded Mississippi contracts only on the same basis as the nonresident bidder's state awards contracts to Mississippi residents bidding under similar circumstances. Resident bidders actually domiciled in Mississippi, whether corporate, individuals, or partnerships, are to be granted preference over nonresidents in awarding of contracts in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident. When a nonresident contractor submits a bid for a contract, he shall attach to the bid a copy of his resident state's current law pertaining to his state's treatment of nonresident bidders.
(2) Any foreign manufacturing company with a factory in the state and with over fifty (50) employees working in the state shall have preference over any other foreign company where both price and quality are the same, regardless of where the product is manufactured.
(3) On or before January 1, 1991, the Department of Finance and Administration shall adopt bid and product specifications to be utilized by all state agencies that encourage the procurement of commodities made from recovered materials. Preference in awarding contracts for commodities shall be given to commodities offered at a competitive price.
(4) Each state agency is required to procure products made from recovered materials when those products are available at a competitive price. For purposes of this subsection, "competitive price" means a price not greater than ten percent (10%) above the lowest and best bidder. A decision not to procure products made from recovered materials must be based on a determination that such procurement:
(a) Is not available within a reasonable period of time; or
(b) Fails to meet the performance standards set forth in the applicable specifications; or
(c) Is not available at a competitive price.
(5) Whenever economically feasible, each state agency is required to purchase products manufactured or sold by the Mississippi Industries for the Blind.
SECTION 3. Section 31-7-47, Mississippi Code of 1972, is amended as follows:
31-7-47. In the letting of
public contracts, whenever all things stated in the bids are substantially
equal with regard to quality and service but differ only with respect to price,
preference shall be given to resident contractors * * * if the aggregate of the prices in bids
received from the resident contractors is not more than two percent (2%)
greater than the aggregate of the prices in bids received from nonresident
contractors. A nonresident bidder domiciled in a state, city, county,
parish, province, nation or political subdivision having laws granting
preference to local contractors shall be awarded Mississippi public contracts
only on the same basis as the nonresident bidder's state, city, county, parish,
province, nation or political subdivision awards contracts to Mississippi
contractors bidding under similar circumstances. Resident contractors actually
domiciled in Mississippi, be they corporate, individuals or partnerships, are
to be granted preference over nonresidents in awarding of contracts in the same
manner and to the same extent as provided by the laws of the state, city,
county, parish, province, nation or political subdivision of domicile of the
nonresident. When a nonresident contractor submits a bid for a contract, he
shall attach to the bid a copy of his resident state's current law pertaining
to his state's treatment of nonresident bidders.
SECTION 4. Section 31-7-55, Mississippi Code of 1972, is amended as follows:
[For penalties applicable to violations occurring between January 1, 1981, and August 15, 1988, the following provisions govern.]
31-7-55. (1) It is * * *
declared to be unlawful and a violation of public policy of the State of
Mississippi for any elected or appointed public officer of the state or the
executive head of a state board, commission, department, subdivision of the
state government or governing authority to make any purchases without the full
compliance with the provisions of Chapter 7, Title 31, Mississippi Code of
1972. Any elected or appointed public officer of the state or the executive
head of a state board, commission, department, subdivision of the state
government or governing authority who violates the provisions of Chapter 7,
Title 31, Mississippi Code of 1972, shall be deemed guilty of a misdemeanor
and, upon conviction therefor, shall be fined not less than One Hundred Dollars
($100.00) and not more than Five Hundred Dollars ($500.00) for each separate
offense, or sentenced to the county jail for not more than six (6) months, or
both such fine and imprisonment, and shall be removed from his office or
position.
(2) Any person diverting the benefits of any article of value tendered or received by any agency or governing authority to his or her personal use, in violation of Section 31-7-23, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or sentenced to the county jail for not more than six (6) months, or by both such fine and imprisonment, and shall be required to return the money value of the article unlawfully diverted to the agency involved.
[The following provisions
apply to violations * * *
that occur on or after August 16, 1988, and until July 1, 2014.]
31-7-55. (1) It is * * *
declared to be unlawful and
a violation of public policy of the State of Mississippi for any elected or
appointed public officer of an agency or a governing authority, or the
executive head, any employee or agent of an agency or governing authority to
make any purchases without the full compliance with the provisions of Chapter
7, Title 31, Mississippi Code of 1972.
(2) Except as otherwise provided in subsection (4) of this section, any person who intentionally, willfully and knowingly violates the provisions of Chapter 7, Title 31, Mississippi Code of 1972, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00) for each separate offense, or sentenced to the county jail for not more than six (6) months, or both such fine and imprisonment, and shall be removed from his office or position.
(3) Any person who intentionally, willfully and knowingly violates the provisions of subsection (1) of Section 31-7-57 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00), or sentenced to the county jail for not more than six (6) months, or both such fine and imprisonment, and shall be removed from his office or position.
(4) Any person diverting the benefits of any article of value tendered or received by any agency or governing authority to his or her personal use, in violation of Section 31-7-23, if the value of such article be less than Five Hundred Dollars ($500.00), shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or sentenced to the county jail for not more than six (6) months, or by both such fine and imprisonment, shall be removed from his office or position, and shall be required to return the money value of the article unlawfully diverted to the agency or governing authority involved. If the value of the article be Five Hundred Dollars ($500.00) or more, such person shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or sentenced to the Department of Corrections for not less than one (1) year nor more than five (5) years, or by both such fine and imprisonment, shall be removed from his office or position, and shall be required to return the money value of the article unlawfully diverted to the agency or governing authority involved.
(5) The provisions of this section are supplemental to any other criminal statutes of this state.
[The following provisions apply to violations that occur on or after July 1, 2014.]
31-7-55. (1) It is declared to be unlawful and a violation of public policy of the State of Mississippi for any elected or appointed public officer of an agency or a governing authority, or the executive head, any employee or agent of an agency or governing authority to make any purchases without the full compliance with the provisions of Chapter 7, Title 31, Mississippi Code of 1972.
(2) Except as otherwise provided in this section, any person who intentionally, willfully and knowingly violates the provisions of Chapter 7, Title 31, Mississippi Code of 1972, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00) for each separate offense, or sentenced to the county jail for not more than six (6) months, or both that fine and imprisonment, and shall be removed from his or her office or position.
(3) Any person who intentionally, willfully and knowingly violates the provisions of subsection (1) of Section 31-7-57 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00), or sentenced to the county jail for not more than six (6) months, or both that fine and imprisonment, and shall be removed from his or her office or position.
(4) Any person diverting the benefits of any article of value tendered or received by any agency or governing authority to his or her personal use, in violation of Section 31-7-23, if the value of the article is less than Five Hundred Dollars ($500.00), is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or sentenced to the county jail for not more than six (6) months, or by both that fine and imprisonment, shall be removed from his or her office or position and shall be required to return the money value of the article unlawfully diverted to the agency or governing authority involved. If the value of the article is Five Hundred Dollars ($500.00) or more, the person is guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or sentenced to the Department of Corrections for not less than one (1) year nor more than five (5) years, or by both that fine and imprisonment, shall be removed from his or her office or position and shall be required to return the money value of the article unlawfully diverted to the agency or governing authority involved.
(5) Any person who intentionally, willfully and knowingly violates the provisions of Section 19-13-111, subsection (3) of Section 31-3-21, subsection (1) of Section 31-7-15 or Section 31-7-47 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00), or sentenced to the county jail for not more than six (6) months, or both that fine and imprisonment, and shall be removed from his or her office or position.
(6) The provisions of this section are supplemental to any other criminal statutes of this state.
SECTION 5. This act shall take effect and be in force from and after July 1, 2014.