Bill Text: MS SB2699 | 2024 | Regular Session | Engrossed
Bill Title: Purchasing law; raise expenditure triggering requirements for competitive bids.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-04-29 - Died In Conference [SB2699 Detail]
Download: Mississippi-2024-SB2699-Engrossed.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: County Affairs
By: Senator(s) Simmons (12th)
Senate Bill 2699
(As Passed the Senate)
AN ACT TO AMEND SECTION 31-7-103, MISSISSIPPI CODE OF 1972, TO ALLOW THE PURCHASE CLERK TO MAKE PURCHASES UP TO $5,000.00 WITHOUT REQUIRING A REQUISITION TO PURCHASE, REQUIRING A PURCHASE ORDER OR REQUIRING A RECEIVING REPORT; TO ALLOW THE PURCHASE CLERK TO MAKE PURCHASES OF FUEL OR PARTS OR REPAIRS TO EQUIPMENT OR HEAVY EQUIPMENT UP TO $10,000.00 WITHOUT REQUIRING A REQUISITION TO PURCHASE, REQUIRING A PURCHASE ORDER OR REQUIRING A RECEIVING REPORT; TO AMEND SECTION 31-7-119, MISSISSIPPI CODE OF 1972, TO ALLOW BOARDS OF SUPERVISORS NOT REQUIRED TO OPERATE ON A COUNTYWIDE SYSTEM OF ROAD ADMINISTRATION TO MAKE PURCHASES UP TO $5,000.00; TO ALLOW BOARDS OF SUPERVISORS NOT REQUIRED TO OPERATE ON A COUNTYWIDE SYSTEM OF ROAD ADMINISTRATION TO MAKE PURCHASES OF FUEL OR PARTS OR REPAIRS TO EQUIPMENT OR HEAVY EQUIPMENT UP TO $10,000.00 WITHOUT REQUIRING A REQUISITION TO PURCHASE, REQUIRING A PURCHASE ORDER OR REQUIRING A RECEIVING REPORT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 31-7-103, Mississippi Code of 1972, is amended as follows:
31-7-103. The purchase
clerk shall be responsible as hereinafter provided for the purchase and
acquisition of all equipment, heavy equipment, machinery, supplies, commodities,
materials and services to be acquired for the county from successful bidders or
other vendors, as authorized by law. The central purchase system shall comply
with the requirements prescribed by the State Department of Audit under the
authority of Section 7-7-211 and in accordance with Section 31-7-113, and the
purchase clerk shall be responsible for the maintenance of such system. No
requisition to purchase, purchase order or receiving report shall be required for
the purchase of any item or services with an acquisition cost of not more than * * * Five Thousand
Dollars ($5,000.00) in the aggregate * * *. Additionally, no requisition to purchase,
purchase order or receiving report shall be required for the purchase of fuel
or parts or repairs to equipment or heavy equipment with an acquisition cost of
not more than Ten Thousand Dollars ($10,000.00) in the aggregate. However,
the invoice for every such purchase shall be signed by the department head or
his or her designee, or a receipt signed by the person making the purchase shall
be attached to the invoice and forwarded to the purchase clerk. No claim based
on any such purchase shall be approved except after compliance with the
provisions of this section.
SECTION 2. Section 31-7-119, Mississippi Code of 1972, is amended as follows:
31-7-119. (1) Except as provided in subsection (2) of this section, neither the board of supervisors nor any member thereof shall individually purchase, order or receive any equipment, heavy equipment, machinery, supplies, commodities, materials or services for the use or benefit of the county.
(2) In any county in which
the board of supervisors is not required to operate on a countywide system of
road administration, the prohibition as provided in subsection (1) of this
section shall not apply (a) to purchases of not more than * * * Five Thousand
Dollars ($5,000.00) in the aggregate; or (b) to the purchase of parts or
repair services in emergency situations, which purchases are exempt from bid requirements
pursuant to Section 31-7-13(m)(ii) and (iii). Additionally, no requisition to
purchase, purchase order or receiving report shall be required for the purchase
of fuel or parts or repairs to equipment or heavy equipment with an acquisition
cost of not more than Ten Thousand Dollars ($10,000.00) in the aggregate.
Any supervisor who purchases any item or services in accordance with this
subsection (2) shall sign the invoice or receipt and forward it to the purchase
clerk in the manner provided by Section 31-7-103. No claim based on any such
purchase shall be approved unless the purchase was made in compliance with the
provisions of this subsection.
SECTION 3. This act shall take effect and be in force from and after July 1, 2024.
