MISSISSIPPI LEGISLATURE
2023 Regular Session
To: County Affairs
By: Representative Byrd
AN ACT TO AMEND SECTION 19-11-27, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF SUPERVISORS OF ANY COUNTY TO EXPEND OR CONTRACT AN OBLIGATION AGAINST CERTAIN FUNDS IN THE LAST SIX MONTHS OF THEIR TERM OFFICE IF A COUNTY HAS PROJECTS OR A PROJECT FUNDED BY THE AMERICAN RESCUE PLAN ACT (ARPA) SO THAT SUCH COUNTY MAY WORK TOWARDS COMPLETING SUCH PROJECTS OR PROJECT TO MEET THE YEAR 2026 FEDERAL ARPA SPENDING DEADLINE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-11-27, Mississippi Code of 1972, is amended as follows:
19-11-27. No board of
supervisors of any county shall expend from, or contract an obligation against,
the budget estimates for road and bridge construction, maintenance and
equipment, made and published by it during the last year of the term of office
of such board, between the first day of October and the first day of the
following January, a sum exceeding one-fourth (1/4) of such item of the budget
made and published by it, except in cases of emergency. The clerk of any
county is prohibited from issuing any warrant contrary to the provisions of
this section. No board of supervisors nor any member thereof shall buy any
machinery or equipment in the last six (6) months of their or his term unless
or until he has been elected at the general election of that year. The
provisions of this section shall not apply to (i) projects of any type that
receive monies from the Local System Bridge Replacement and Rehabilitation
Program, the Emergency Road and Bridge Repair Fund, the 2018 Transportation and
Infrastructure Improvement Fund or the Gulf Coast Restoration Fund * * *, (ii) to expenditures on deficient
bridges in the State Aid Road System or the Local System Road Program that have
been deemed to be a deficient bridge as defined in Section 65-37-3,(iii)
projects funded by the American Rescue Plan Act, or (iv)to a
contract, lease or lease-purchase contract approved by a unanimous vote of
the board and executed pursuant to the bidding requirements in Section 31-7-13 * * *.
Such unanimous vote shall include a statement indicating the board's
proclamation that the award of the contract is essential to the efficiency and
economy of the operation of the county government.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.