HB 779 — Transportation funds; revise provisions regarding.

HB 779 (As SentPassed tothe Governor)House) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representatives Busby, Brown House Bill 779 (As SentPassed tothe Governor)House) AN ACT TO AMEND SECTION 65-1-179, MISSISSIPPI CODE OF 1972, TO REVISE HOW THE EMERGENCY ROAD AND BRIDGE REPAIR FUND MONIES MAY BE SPENT;

TO AMEND SECTION 19-11-27, MISSISSIPPI CODE OF 1972, TO ALLOW COUNTY BOARDS OF SUPERVISORS TO EXPEND CERTAINEMERGENCY TRANSPORTATIONROAD AND BRIDGE REPAIR FUND MONIES DURING THE LAST TERM OF OFFICE OF SUCH BOARDS;

TO AMEND SECTION 65-7-95, MISSISSIPPI CODE OF 1972, TO PROVIDE EXCEPTIONS TO CERTAIN LIMITATIONS ON BOARDS OF SUPERVISORS AWARDING OF CONTRACTS FOR ROADS AND BRIDGES;

     65-1-179. 65-1-179. (1)  There is created in the State Treasury a special fund to be known as the "Emergency Road and Bridge Repair Fund," into which shall be deposited money appropriated by the Legislature or otherwise made available in any manner, and funds from any other source designated for deposit into such fund.  Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund.  The expenditure of money deposited into the fund shall be under the direction of the Mississippi Department of Transportation, and such funds shall be paid by the Mississippi Department of Transportation upon warrants issued by the Department of Finance and Administration.

 (1)  There is created in the State Treasury a special fund to be known as the "Emergency Road and Bridge Repair Fund," into which shall be deposited money appropriated by the Legislature or otherwise made available in any manner, and funds from any other source designated for deposit into such fund.  Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund.  The expenditure of money deposited into the fund shall be under the direction of the Mississippi Department of Transportation, and such funds shall be paid by the Mississippi Department of Transportation upon warrants issued by the Department of Finance and Administration.

     (3)  (a)(a)   ThereThere is created the Emergency Road and Bridge Repair Fund Advisory Board which shall consist of the following members:

     (4)  The Mississippi Department of Transportation shall have all powers necessary to implement and administer the program established under this section * * *, and to maximize all potential sources of funding including state and federal, for projects covered by the program.  Any available sources of funding may be combined to fund any project covered by the program.  This includes state aid road funds and/or Local System Bridge Replacement and Rehabilitation Program funds, which may be used in conjunction with Emergency Road and Bridge Repair Fund monies within the discretion of the Statedepartment Aidand Engineer. subject to the requirements of those funds.  Under no circumstances, however, shall Emergency Road and Bridge Repair Fund monies be used to reimburse any amount that has been expended on the project prior to the award of such monies to the recipient.

     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) until January 1, 2020, 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 during calendar year 2019 on deficient bridges in the State Aid Road System or the Local System Road Program that have a sufficiency rating of less than fifty (50) or 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.  SectionThis 65-7-95,act Mississippishall Codetake ofeffect 1972,and isbe amendedin asforce follows:from and after July 1, 2019.

     65-7-95.  The methods of constructing, reconstructing and maintaining the public roads and bridges in this state, other than those under the actual charge of the State Highway Department, shall be as follows:

     Any county may purchase implements and material through its central purchase system;

may employ labor;

may work, construct, reconstruct and maintain the public roads;

may build bridges;

and may do any and all things necessary to be done to work, construct, reconstruct and maintain the public roads and to build bridges as herein provided.  If, in the opinion of the board of supervisors, any part of the work necessary to be done in working, constructing, reconstructing and maintaining the public roads and in building bridges in such county, or any part or parts thereof, can best be done by awarding contracts therefor, the board of supervisors may advertise for bids and make contracts therefor in accordance with the provisions of Section 31-7-13;

and the board of supervisors may, in its discretion, use any funds heretofore or hereafter raised by bond issue or otherwise for working, constructing, reconstructing, maintaining and improving the public roads and for building bridges as herein provided.  Except for contracts exempt from the provisions of Section 19-11-27, * * *in no * * *event shall any contract provided above shall be awarded that shall extend beyond thirty (30) days from the termination and end of the term of office of the members of the boards of supervisors awarding same.

     Before any board of supervisors may hire, lease or rent any heavy road machinery or equipment for use in the construction, reconstruction or maintenance of any county road or bridge, such board of supervisors shall first adopt an order adjudicating the necessity for leasing or renting such machinery or equipment, the purposes for which it is to be used, the type of such machinery or equipment and the reasons why the leasing or renting thereof will promote the public interest of the county.  Such order shall also direct the clerk of the board of supervisors to advertise for bids for such machinery or equipment, which bids shall be returnable on a day to be fixed by the board of supervisors, in accordance with Section 31-7-13.

     All contracts for the leasing or renting of such machinery or equipment shall be awarded to the lowest and best responsible bidder whose bid price or rental consideration is not in excess of the current rates and charges fixed and prescribed by the Nielsen/Data Quest publication, which rates and charges fixed and prescribed by the Nielsen/Data Quest publication shall be on file with the Governor's Office of General Services at that time.

     All invoices submitted for the leasing or renting of such machinery or equipment shall identify the equipment by number and name and shall include the number of hours of labor performed and the dates thereof.

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