Senate Bill 2100

AN ACT TO CODIFY SECTION 25-43-4.101, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN PUBLICATION AND NOTICE REQUIREMENTS FOR STATE AGENCIES PRIOR TO ENTERING INTO ANY FEDERAL MEMORANDUM OF UNDERSTANDING (MOU), MAINTENANCE OF EFFORT (MOE) OR FEDERAL CONTRACT AGREEMENTS; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 25-43-4.101, Mississippi Code of 1972:

25-43-4.101. (1) As used in this section, "agreement" shall mean any agreement, Memorandum of Understanding (MOU), Maintenance of Effort (MOE) agreement, or contract with any federal agency or subdivision thereof.

(2) Prior to entering into any agreement with any federal agency or subdivision thereof, all political subdivisions, state agencies, and all other legal entities of the State of Mississippi shall:

(a) File the proposed agreement with the Secretary of State for publication in the administrative bulletin;

(b) For at least twenty-five (25) days after proper filing of the proposed agreement with the Secretary of State, afford persons the opportunity to submit in writing: argument, data and views on the proposed agreement;

(c) Consult with and provide the chairs of the appropriate standing committees of the Legislature with the proposed agreement, as well as copies of the public docket containing all requests, submissions and comments, and all other written materials, received in connection with the proposed agreement; and

(d) File a final notice with the Secretary of State for publication in the administrative bulletin that includes a copy of the proposed agreement, a summary of the public docket and consultation with the chairs, whether the agreement will be implemented, and any changes made as a result of the public comments and consultation.

(3) In addition to the requirements of subsection (2) of this section, all political subdivisions, agencies or legal entities of the state that are parties to any existing agreement with any federal agency or subdivision thereof, as of the effective date of this act, shall, with regard to each such agreement, comply with subsection (2)(a), (b) and (c) of this section. Following these steps, the subdivision, agency or entity shall either:

(a) File a final notice with the Secretary of State for publication in the administrative bulletin that includes:

(i) A copy of the proposed agreement, a summary of the public docket, and consultation with the chairs; and

(ii) An affirmation that the agreement remains in effect without changes; or

(b) Take steps to amend or terminate the agreement.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.