MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Corrections; Accountability, Efficiency, Transparency

By: Senator(s) Barnett

Senate Bill 2406

AN ACT TO AMEND 47-5-105, MISSISSIPPI CODE OF 1972, TO EXEMPT THE MISSISSIPPI DEPARTMENT OF CORRECTIONS FROM REGULATIONS AND LAW FOR A CERTAIN PERIOD TO USE INMATE LABOR FOR THE CONSTRUCTION OF BUILDINGS FOR REENTRY AND EMPLOYEE HOUSING; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 47-5-105, Mississippi Code of 1972, is amended as follows:

     47-5-105.  (1)  Except as provided in subsection (2) of this section, the award of all contracts within the purview of the Department of Finance and Administration under Section 27-104-7 in excess of Five Hundred Thousand Dollars ($500,000.00) entered into by the commissioner shall be approved by the Public Procurement Review Board and shall be entered on the minutes of such board before any funds shall be expended therefor.  Provided further, that the entrance of the award of contracts on the minutes of the Public Procurement Review Board shall contain a detailed accounting of all bids entered showing clearly the lowest bid and best bid that was awarded in each and every case and, if the bid accepted is not the lowest, then the reasons and justification for not accepting the lowest bid shall be spread on the minutes.  A true copy of the minutes of each meeting of the Public Procurement Review Board shall be sent monthly to the Governor, members of the Legislative Budget Office and Chairmen of the Corrections Committees of the Senate and the House of Representatives.

     (2)  (a)  Notwithstanding any other provision of law, the Mississippi Department of Corrections shall be exempted from regulations and law, to include Title 27, Chapter 104, Mississippi Code of 1972, until July 1, 2025, to use inmate labor for the construction of buildings for reentry and employee housing.

          (b)  The exemption in paragraph (a) of this subsection shall be for buildings that are six thousand five hundred (6,500) square feet or less.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2022.