MISSISSIPPI LEGISLATURE
2017 Regular Session
To: County Affairs; Accountability, Efficiency, Transparency
By: Representatives Byrd, Hopkins
AN ACT TO AMEND SECTIONS 31-7-103 AND 31-7-119, MISSISSIPPI CODE OF 1972, TO INCREASE THE MINIMUM ACQUISITION COST OF AN ITEM OR SERVICE PURCHASED BY A COUNTY THAT REQUIRES A REQUISITION, PURCHASE ORDER OR RECEIVING REPORT; TO AUTHORIZE THE CITY OF CHARLESTON TO EXERCISE CERTAIN POWERS REGARDLESS OF ITS CURRENT SPECIAL CHARTER; 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 Five Hundred Dollars ($1,500.00) 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.
SECTION 2. Section 31-7-119, Mississippi Code of 1972, is amended as follows:
31-7-119. (1) Except as provided in subsection (2) of this section, neither the board of supervisors nor any member thereof shall individually purchase, order or receive any equipment, heavy equipment, machinery, supplies, commodities, materials or services for the use or benefit of the county.
(2) In any county in which
the board of supervisors is not required to operate on a countywide system of
road administration, the prohibition as provided in subsection (1) of this
section shall not apply (a) to purchases of not more than * * * One
Thousand Five Hundred Dollars ($1,500.00) in the aggregate; or (b) to the
purchase of parts or repair services in emergency situations, which purchases
are exempt from bid requirements pursuant to Section 31-7-13(m)(ii) and (iii) * * *. Any supervisor who
purchases any item or services in accordance with this subsection (2) shall
sign the invoice or receipt and forward it to the purchase clerk in the manner
provided by Section 31-7-103. No claim based on any such purchase shall be
approved unless the purchase was made in compliance with the provisions of this
subsection.
SECTION 3. The City of Charleston shall be able to exercise such powers as are granted to a municipality by the general laws of this state regardless of its current special charter Section 3. The governing authority of the City of Charleston may amend its special charter without requiring any further statutory authority to exercise that power to amend.
SECTION 4. This act shall take effect and be in force from and after July 1, 2017.