AN ACT TO AMEND SECTION 27-104-7, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM PUBLIC PROCUREMENT REVIEW BOARD APPROVAL CONTRACTS ENTERED INTO BY THE OFFICE OF STATE AID ROAD CONSTRUCTION (OSARC) FOR PERSONAL SERVICE CONTRACTS; TO AMEND SECTION 65-9-7, MISSISSIPPI CODE OF 1972, TO INCREASE THE NUMBER OF PASSENGER AUTOMOBILES THE OSARC MAY OWN AND OPERATE FROM SEVEN TO 13; TO AMEND SECTION 65-9-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHENEVER A COUNTY FAILS TO EXPEND THE MONIES ALLOCATED TO IT TO REPAIR AND REPLACE DEFICIENT STATE AID SYSTEM BRIDGES IN ITS COUNTY UNDER THE STATE AID ROAD FUND FOR AN UNINTERRUPTED PERIOD OF TWO SUCCESSIVE FISCAL YEARS, THE COUNTY SHALL FORFEIT AND NO LONGER BE ENTITLED TO THE OUTSTANDING CUMULATIVE BALANCE ON HAND OF THE MONIES THAT WERE ALLOCATED TO IT UNDER THE FUND BEFORE THAT PERIOD OF TIME; TO REQUIRE THAT SUCH FORFEITED MONIES BE REALLOCATED ANNUALLY AMONG ONLY THOSE COUNTIES THAT ARE DETERMINED BY THE STATE AID ENGINEER TO HAVE STATE AID ROAD FUND PROJECTS FOR DEFICIENT BRIDGES THAT ARE READY FOR CONSTRUCTION BUT ARE NOT BEING UNDERTAKEN DUE TO LACK OF FUNDS; TO AMEND SECTION 65-37-7, MISSISSIPPI CODE OF 1972, TO ENABLE REALLOCATION OF CERTAIN FORFEITED MONIES TO COUNTIES THAT ARE DETERMINED BY THE STATE AID ENGINEER TO HAVE LOCAL SYSTEM BRIDGE REPLACEMENT AND REHABILITATION PROGRAM PROJECTS OR OTHER DEFICIENT BRIDGE PROJECTS THAT ARE READY FOR CONSTRUCTION BUT ARE NOT BEING UNDERTAKEN DUE TO LACK OF FUNDS; TO AMEND SECTION 65-37-15, MISSISSIPPI CODE OF 1972, TO MODIFY APPROVED EXPENDITURES FOR MONIES IN THE LOCAL SYSTEM BRIDGE REPLACEMENT AND REHABILITATION FUND THAT ARE ALLOCATED TO A PARTICULAR COUNTY; AND FOR RELATED PURPOSES.
Impact
One significant impact of SB2406 is the modification of funding protocols for counties under the Local System Bridge Replacement and Rehabilitation Program. When counties fail to expend their allocated funds for bridge repairs for two consecutive fiscal years, the bill enacts a forfeiture process where they lose access to those funds. These forfeited funds would then be reallocated to other counties that have projects ready for construction but are stalled due to lack of funding. This mechanism is aimed at ensuring efficient utilization of state resources and encourages timely project completions.
Summary
Senate Bill 2406 aims to amend specific sections of the Mississippi Code of 1972 related to the Office of State Aid Road Construction (OSARC) and the management of state aid road funds. A notable provision is the exemption of personal service contracts entered into by OSARC from the approval of the Public Procurement Review Board. This adjustment is intended to streamline processes and reduce barriers for contracting services necessary for state aid road initiatives. Additionally, the bill seeks to increase the ownership capability of passenger automobiles by OSARC from seven to thirteen, providing more flexibility in managing transportation resources under the program.
Contention
There are potential points of contention surrounding the bill, particularly concerning the forfeiture clause. Critics may argue that such a policy could disproportionately affect counties that may be struggling with financial resources or project management capacity. The bill's proponents might defend it as necessary to ensure accountability and effective use of state funds, ensuring that resources are allocated to counties that are actively working to maintain their infrastructure. The broader implications of exempting OSARC from certain approval processes could also lead to debates regarding transparency and oversight in state procurement practices.