House Bill 1211

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF ANY COUNTY AND THE GOVERNING AUTHORITIES OF ANY MUNICIPALITY TO WORK COOPERATIVELY, BY AGREEMENT, WHEN UTILIZING FUNDS FROM THE AMERICAN RESCUE PLAN ACT(ARPA), CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY (CARES) ACT OR THE INFLATION REDUCTION 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 ARPA, THE CARES ACT OR THE INFLATION REDUCTION ACT SO THAT SUCH COUNTY MAY WORK TOWARDS COMPLETING SUCH PROJECTS OR PROJECT TO MEET THE FEDERAL SPENDING DEADLINE; TO AMEND SECTION 21-35-27, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. The board of supervisors of any county and the governing authorities of any municipality are authorized to work cooperatively on projects, by agreement spread upon their minutes, when utilizing Coronavirus State Fiscal Recovery Funds from the American Rescue Plan Act (ARPA) of 2021, Coronavirus Relief Fund established in Section 5001 of the Coronavirus Aid, Relief and Economic Security (CARES) Act and funds from the Inflation Reduction Act of 2022. Unless prohibited by federal law, such agreement shall be applicable if it is legal for the county or the municipality, as the case may be, to utilize such funds.

SECTION 2. 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 * * * ~~and~~, (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, CARES Act, or the Inflation Reduction Act, or (iv) to a contract, lease or lease-purchase contract executed pursuant to the bidding requirements in Section 31-7-13 and approved by a unanimous vote of the board. 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 3. Section 21-35-27, Mississippi Code of 1972, is amended as follows:

21-35-27. No board of governing authorities of any municipality shall expend from, or contract an obligation, against the budget made and published by it during the last year of the term of office of such governing authorities, between the first day of April and the first day of the following July that is not on a weekend, a sum exceeding one-fourth (1/4) of any item of the budget made and published by it, except in cases of emergency provided for in Section 21-35-19. The city clerk of any municipality is hereby prohibited from issuing any warrant contrary to the provisions of this section.

The provisions of this section shall not apply to a contract, lease or lease-purchase contract entered into pursuant to Section 31-7-13 or to seasonal purchases or expenditures or to any agreement entered into under Section 1 of this act.

SECTION 4. This act shall take effect and be in force from and after its passage.