House Bill 1443

AN ACT TO REQUIRE STATE AGENCIES THAT RECEIVE ANY FUNDS IN CONNECTION WITH THE EXPLOSION ON, AND SINKING OF, THE MOBILE OFFSHORE DRILLING UNIT DEEPWATER HORIZON TO PROVIDE TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION, TO BE POSTED ON THE DEPARTMENT'S SEARCHABLE WEBSITE CREATED BY THE MISSISSIPPI ACCOUNTABILITY AND TRANSPARENCY ACT, DETAILED INFORMATION ABOUT THE AGENCY'S EXPENDITURES OF THOSE FUNDS AND A DETAILED DESCRIPTION OF ANY PROJECT INVOLVING THE EXPENDITURE OF THOSE FUNDS THAT THE AGENCY OFFERED FOR BID AND THE NAME AND INFORMATION ABOUT THE WINNING BIDDER FOR THE CONTRACT; TO REQUIRE STATE AGENCIES, IN THE LETTING OF PUBLIC CONTRACTS FOR PROJECTS INVOLVING THE EXPENDITURE OF ANY OF THOSE FUNDS, TO GIVE PREFERENCE TO CONTRACTORS, ATTORNEYS, ENGINEERS, SURVEYORS AND OTHER PERSONS PROVIDING PROFESSIONAL SERVICES WHOSE BUSINESS IS PHYSICALLY LOCATED IN A COUNTY ON THE GULF COAST AND WHO HAS BEEN DOING BUSINESS IN THOSE COUNTIES FOR A CERTAIN NUMBER OF YEARS BEFORE THE BEGINNING DATE OF THE CONTRACT; TO AMEND SECTION 27-103-302, MISSISSIPPI CODE OF 1972, TO CLARIFY THE LANGUAGE DESCRIBING THE SOURCES OF THOSE FUNDS THAT ARE REQUIRED TO BE PAID INTO THE BUDGET CONTINGENCY FUND; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Each agency as defined in Section 27-104-153 that receives any funds described in Section 27-103-302 shall provide the following information to the Department of Finance and Administration on a quarterly basis, to be posted on the department's searchable website created by the Mississippi Accountability and Transparency Act, Section 27-104-151 et seq.:

(a) Detailed information about the agency's expenditures of those funds; and

(b) For any public contract offered for bid by the agency for a project involving the expenditure of those funds, a detailed description of the project and the name and information about the winning bidder for the contract.

(2) In the letting of public contracts for projects involving the expenditure of any funds described in Section 27-103-302, agencies as defined in Section 27-104-153 shall give preference to contractors, attorneys, engineers, surveyors and other persons providing professional services whose business is physically located in a county bordering on the Gulf of Mexico, as evidenced by an occupancy permit or business license, and who has been doing business in one or more of those counties for not less than thirteen (13) consecutive years immediately before the beginning date of the contract to provide those services.

SECTION 2. Section 27-103-302, Mississippi Code of 1972, is amended as follows:

27-103-302. All funds received by or on behalf of the State of Mississippi * * * in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon pursuant to a court order, a negotiated settlement or any other instrument, except for any funds that are required by the order, settlement or other instrument to be paid to any other public entity, shall be deposited into the Budget Contingency Fund for appropriation by the Legislature.

SECTION 3. This act shall take effect and be in force from and after its passage.