Bill Text: MS HB1138 | 2015 | Regular Session | Introduced
Bill Title: Personal Service Contract Review Board; revise composition of and expenditure amount and remove exemption of certain contracts from board review.
Spectrum: Bipartisan Bill
Status: (Failed) 2015-02-03 - Died In Committee [HB1138 Detail]
Download: Mississippi-2015-HB1138-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Accountability, Efficiency, Transparency; Appropriations
By: Representative Turner
House Bill 1138
AN ACT TO AMEND SECTION 25-9-120, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPOSITION OF THE PERSONAL SERVICE CONTRACT REVIEW BOARD; TO REMOVE ALL EXEMPTIONS OF PROFESSIONAL SERVICES CONTRACTS FROM REVIEW BY THE BOARD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-9-120, Mississippi Code of 1972, is amended as follows:
25-9-120. (1) Contract personnel, whether classified as contract workers or independent contractors shall not be deemed state service or nonstate service employees of the State of Mississippi, and shall not be eligible to participate in the Public Employees' Retirement System, or the state employee health plan, nor be allowed credit for personal and sick leave and other leave benefits as employees of the State of Mississippi, notwithstanding Sections 25-3-91 through 25-3-101; 25-9-101 through 25-9-151; 25-11-1 through 25-11-126; 25-11-128 through 25-11-131; 25-15-1 through 25-15-23 and for the purpose set forth herein. Contract workers, i.e., contract personnel who do not meet the criteria of independent contractors, shall be subject to the provisions of Section 25-11-127.
(2) There is * * * created the Personal Service Contract
Review Board, which shall be composed of the State Personnel Director, * * *
four (4) individuals appointed by the Governor, and the Secretary of State
and Attorney General, or their designees. The State Personnel Director
shall be chairman and shall preside over the meetings of the board. The board
shall annually elect a vice chairman, who shall serve in the absence of the
chairman. No business shall be transacted, including adoption of rules of
procedure, without the presence of a quorum of the board. * * *
Four (4) members
shall be a quorum. No action shall be valid unless approved by the chairman
and * * * three
(3) other of those members present and voting, entered upon the minutes of
the board and signed by the chairman. Necessary clerical and administrative
support for the board shall be provided by the State Personnel Board. Minutes
shall be kept of the proceedings of each meeting, copies of which shall be
filed on a monthly basis with the Legislative Budget Office.
(3) The Personal Service Contract Review Board shall have the following powers and responsibilities:
(a) Promulgate rules
and regulations governing the solicitation and selection of contractual
services personnel including personal and professional services contracts for
any form of consulting, policy analysis, public relations, marketing, public
affairs, legislative advocacy services or any other contract that the board
deems appropriate for oversight * * *. Any such rules and regulations shall
provide for maintaining continuous internal audit covering the activities of
such agency affecting its revenue and expenditures as required under Section 7-7-3(6)(d) * * *. Any rules and
regulations related to personal service contracts, and adopted by the board as
it was constituted before the effective date of this act, may not be revised
until July 1, 2015. Revisions to any such rules and regulations that may be
proposed by the board for adoption on July 1, 2015, shall be submitted to the
Committees on Accountability, Efficiency and Transparency of the Mississippi
House of Representatives and of the Mississippi State Senate by December 31,
2014. Further, any personal service contract executed after the effective date
of this act may not contain an expiration date that extends beyond July 1,
2015;
(b) Approve all personal and professional services contracts involving the expenditures of funds in excess of One Hundred Thousand Dollars ($100,000.00);
(c) Develop standards with respect to contractual services personnel which require invitations for public bid, requests for proposals, record keeping and financial responsibility of contractors. The Personal Service Contract Review Board may, in its discretion, require the agency involved to advertise such contract for public bid, and may reserve the right to reject any or all bids;
(d) Prescribe certain
circumstances * * * under
which agency heads may enter into contracts for personal and professional
services without receiving prior approval from the Personal Service Contract
Review Board. The Personal Service Contract Review Board may establish a
preapproved list of providers of various personal and professional services for
set prices with which state agencies may contract without bidding or prior
approval from the board * * *.;
(e) * * * Provide standards for the issuance of
requests for proposals, the evaluation of proposals received, consideration of
costs and quality of services proposed, contract negotiations, the
administrative monitoring of contract performance by the agency and successful
steps in terminating a contract;
(f) * * * Present recommendations for governmental
privatization and to evaluate privatization proposals submitted by any state
agency;
(g) * * * Authorize personal and professional service
contracts to be effective for more than one (1) year provided a funding
condition is included in any such multiple year contract, except the State
Board of Education, which shall have the authority to enter into contractual
agreements for student assessment for a period up to ten (10) years. The State
Board of Education shall procure these services in accordance with the Personal
Service Contract Review Board procurement regulations;
(h) * * * Request the State Auditor to conduct a
performance audit on any personal or professional service contract;
(i) Prepare an annual report to the Legislature concerning the issuance of personal service contracts during the previous year, collecting any necessary information from state agencies in making such report.
(4) No member of the Personal Service Contract Review Board shall use his official authority or influence to coerce, by threat of discharge from employment, or otherwise, the purchase of commodities or the contracting for personal or professional services under this section. No person or employee or owner of a company that receives any grants or contracts which are subject to this legislation shall be appointed to this board.
Upon review the vendor that is the subject of contracts in this legislation shall be found capable of delivery of the goods, services or products in the desired manner and to the respective groups which are the need for the contract.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.
