Legislative Dinner
Honoring Chairman Josh Harkins and Chairman Donnie Bell.
Thank you to everyone who sponsored this dinner!
March 21, 2022
2022 ASA LEGISLATIVE SESSION UPDATE
REGULAR SESSION
REVERSE AUCTIONS
S.B. 2371: Public purchasing law: Revise threshold for bid requirements and clarify use of reverse auction: To increase the threshold for bid requirement under the public purchasing law from $50,000 to $75,000; to clarify that a purchasing entity may, in its discretion, use reverse auction for term contract purchases.
Author- Kirby; Committee assignment (S) Accountability, Efficiency, Transparency. Transmitted to the House on 02/07. Referred to (H) Workforce Development on 02/10. Passed out of (H) Workforce Development on 02/22 TSDP. On the House Calendar 03/03. Amended (H)03/08. Passed as amended (H) 03/09. (H) Returned for Concurrence 03/10. (S) Decline to Concur/Invite Conference 03/17. (S) Conferees named Polk, Butler (36th), Parks on 03/18.
Waiting on House Conferees to be named.
S.B 2806: Public purchase law: Prohibit reverse auctions for repair and remodeling of public facilities: to clarify under the Public Purchasing Law the reverse auction shall not be used for the improvement, repair or remodeling of any public facilities, including the purchase of material, supplies, equipment or goods.
The purpose of these amendments is to clarify an existing construction exemption to state it in more detail. This bill contains ASA language.
Author – Harkins; Committee assignment (S) Accountability, Efficiency, Transparency. Transmitted to the House on 02/10. Referred to (H) Workforce Development on 02/11. Passed out of (H)Workforce Development on 02/24. On the House Calendar 02/24. (H) Held on a Motion to Reconsideration on 02/24. (H) Motion to reconsider tabled on 02/28. (H) Returned for enrolling on 02/28. (S) Enrolled bill signed 03/01. (H) Enrolled bill signed 03/01.
Sent to Governor on 03/02. Due from Governor by 03/08.
Approved by the Governor on 03/08.
RESIDENTIAL CONSTRUCTION
H.B. 1163: Sales tax: Revise definition of “installation charges” to exclude labor services in connection with residential roofing.
Author – Lamar; Committee assignment Ways and Means. Transmitted to Senate on 02/04. Referred to (S) Finance on 02/17. Passed out of (S) Finance TSDPAA on 03/01. (S) Amended 03/09. (S) Passed as Amended.03/09. (S) Retuned for Concurrence o3/10. (H) Decline to Concur/Invite Conference on 03/17.
Waiting on both House and Senate Conferees to be named.
ARBITRATION
H.B. 475: IHL Board; Extend repealer on authority to oversee certain construction projects funded by state general obligation bonds. To extend the date of the repealer on the provisions of law that authorized the Board of Trustees of State Institutions of Higher Learning to administer certain contracts for construction and maintenance projects at the State Institutions which are funded by State General Obligation Bonds
Author – Roberson; Committee assignment (H)Universities and Colleges on 01/06. Passed out of (H) Universities and Colleges TSDP on 01/26. Transmitted to Senate on 02/09. Referred to (S) Universities and Colleges on 02/11. Passed out of (S) Universities and Colleges TSDP on 02/24. (S) Passed on 03/03. (S) Returned for Enrolling on 03/09. (H) Enrolled Bill Signed On 03/10. (S) Enrolled Bill Signed on 03/11. Approved by Governor on 03/17.
S.B 2700: University construction projects; Extend repealer on authority of IHL Board to administer. To extend the repealer on the provision of law authorizing the Board of Trustees of State Institutions of Higher Learning to administer certain construction and maintenance projects of the institutions under its jurisdiction.
Author – Harkins; Committee assignment (S) Universities and Colleges. Transmitted to House on 02/09. Referred to (H) Universities and Colleges on 02/10. Passed out of (H) Universities and Colleges TSDPAA on 02/23. (H) Amended on 03/08. (H) Returned for Concurrence on 03/09. (S) Decline to Concur/Invite Conference on 03/16.
Waiting on House and Senate Conferees to be named.
MISSISSIPPI BROADBAND ACCESSIBILITY ACT
HB 1029: THIS BILL WAS AMENDED ON 03/O2 TO INCLUDE SUBCONTRACTORS.
Author – McCarty: An Act to create the Mississippi Broadband Expansion Act; to define terms; to create the Mississippi Broadband Expansion Commission; to designate the Public Utilities Staff as the State Broadband Office to review application for funding broadband infrastructure projects using federal and state funds… ; to amend Section 31-3-1 to exempt from licensing requirements under the State Board of Contractors certain undertakings by a subcontractor or sub-subcontractor involving the construction in the buildout and expansion of broadband infrastructure.
This bill passed out of the Senate with the subcontractor amendment on 03/02 for immediate release. HB 1029 was returned to the House for concurrence on 03/02. The House concurred in the amendment from the Senate on 03/03. Motion to Reconsider was entered on 03/03. Reconsidered on 03/09. (H) Decline to Concur/Invite Conference on 03/09. (H) Conferees named Bounds, Anderson (122nd), Stamps on 03/16.
Waiting on Senate Conferees to be named.
March 4, 2020
2022 ASA LEGISLATIVE SESSION UPDATE
REGULAR SESSION
REVERSE AUCTIONS
HOUSE BILLS
H.B. 1173: Public Purchasing Law: Revise to provide that reverse auction shall be used by certain schools and districts. Reverse Auctions shall only be required by individual State Public Schools, Charter Schools and School Districts when purchasing products typically resold by multiple vendors. To allow local school boards to solicit bids with an alternative method for products not typically resold; to require such schools or districts to submit the alternative method of competitive open procurement to its local school board for approval
Author – McCarty; Committee assignment (H) Education. Passed out of (H) Education TSDP on 01/31. Passed out of the House on 02/09.Transmitted to the Senate on 02/10. Referred to (S) Accountability, Efficiency, Transparency on 02/15. Passed out of (S) Accountability, Efficiency, Transparency TSDPAA 03/01.
H.B. 1475: Reverse Auction: Revise method of receiving bids for agencies and governing authorities. To revise the reverse auction method for receiving to differentiate between agencies and governing authorities; to provide that if an agency determines that a reverse auction is not in the best interest of the agency, then that determination must be approved by the Public Procurement Review Board; to provide that if a governing authority determines that a reverse auction is not in the best interest of the governing authority, then that determination must be approved by the Governing Board of the governing authority.
Author – Bell; Committee assignment Ways and Means.
Transmitted to Senate on 02/03. Referred to (S) Accountability, Efficiency, Transparency on 02/17. (S) Died in Committee on 03/01. Monitoring only.
H.B. 1477: Public Purchasing Law; Revise certain provisions relating to reverse auctions. To provide that reverse auctions shall not be permitted for procuring any labor or services, whether for design or construction, or for procuring any goods or materials that must be fabricated, constructed or installed through the use of construction or design labor or services.
The purpose of these amendments is to clarify an existing construction exemption to state it in more detail. This bill contains ASA language.
Author – Steverson; Committee assignment Ways and Means. Transmitted to the Senate on 01/03. Referred to (S) Accountability, Efficiency, Transparency on 02/17. Died in Committee on 03/01.
SB 2806 also contains language to clarify the existing construction exemption to state it in more detail. SB 2806 has been sent to the Governor to be signed by 03/08.
SENATE BILLS
S.B. 2371: Public purchasing law: Revise threshold for bid requirements and clarify use of reverse auction: To increase the threshold for bid requirement under the public purchasing law from $50,000 to $75,000; to clarify that a purchasing entity may, in its discretion, use reverse auction for term contract purchases.
Author- Kirby; Committee assignment (S) Accountability, Efficiency, Transparency. Transmitted to the House on 02/07. Referred to (H) Workforce Development on 02/10. Passed out of (H) Workforce Development on 02/22 TSDP. On the House Calendar 03/03.
S.B 2806: Public purchase law: Prohibit reverse auctions for repair and remodeling of public facilities: to clarify under the Public Purchasing Law the reverse auction shall not be used for the improvement, repair or remodeling of any public facilities, including the purchase of material, supplies, equipment or goods.
The purpose of these amendments is to clarify an existing construction exemption to state it in more detail. This bill contains ASA language.
Author – Harkins; Committee assignment (S) Accountability, Efficiency, Transparency. Transmitted to the House on 02/10. Referred to (H) Workforce Development on 02/11. Passed out of (H)Workforce Development on 02/24. On the House Calendar 02/24. (H) Held on a Motion to Reconsideration on 02/24. (H) Motion to reconsider tabled on 02/28. (H) Returned for enrolling on 02/28. (S) Enrolled bill signed 03/01. (H) Enrolled bill signed 03/01.
Sent to Governor on 03/02. Due from Governor by 03/08.
RESIDENTIAL CONSTRUCTION
H.B. 1163: Sales tax: Revise definition of “installation charges” to exclude labor services in connection with residential roofing.
Author – Lamar; Committee assignment Ways and Means. Transmitted to Senate on 02/04. Referred to (S) Finance on 02/17. Passed out of (S) Finance TSDPAA on 03/01.
ARBITRATION
H.B. 475: IHL Board; Extend repealer on authority to oversee certain construction projects funded by state general obligation bonds. To extend the date of the repealer on the provisions of law that authorized the Board of Trustees of State Institutions of Higher Learning to administer certain contracts for construction and maintenance projects at the State Institutions which are funded by State General Obligation Bonds
Author – Roberson; Committee assignment (H)Universities and Colleges on 01/06. Passed out of (H) Universities and Colleges TSDP on 01/26. Transmitted to Senate on 02/09. Referred to (S) Universities and Colleges on 02/11. Passed out of (S) Universities and Colleges TSDP on 02/24.
S.B 2700: University construction projects; Extend repealer on authority of IHL Board to administer. To extend the repealer on the provision of law authorizing the Board of Trustees of State Institutions of Higher Learning to administer certain construction and maintenance projects of the institutions under its jurisdiction.
Author – Harkins; Committee assignment (S) Universities and Colleges. Transmitted to House on 02/09. Referred to (H) Universities and Colleges on 02/10. Passed out of (H) Universities and Colleges TSDPAA on 02/23.
CONSTRUCTION LIENS
SENATE BILL
S.B. 2465: Construction Liens; failure to file notice withing a certain period of time shall invalidate claim of lien. To provide that a lis pendens notice shall be filed within thirty (30) days of the date of the commencement of the action; to provide that the failure to file the lis pendens notice within a set timeframe shall invalidate the claim of lien.
Author – McCaughn; Committee assignment (S) Jud. A. Transmitted to House on 02/09. Referred to (H) Jud. A on 02/10. Died in (S)Committee on 03/01.
MISSISSIPPI BROADBAND ACCESSIBILITY ACT
HOUSE BILL
HB 1029: THIS BILL WAS AMENDED ON 03/O2 TO INCLUDE SUBCONTRACTORS.
Author – McCarty: An Act to create the Mississippi Broadband Expansion Act; to define terms; to create the Mississippi Broadband Expansion Commission; to designate the Public Utilities Staff as the State Broadband Office to review application for funding broadband infrastructure projects using federal and state funds… ; to amend Section 31-3-1 to exempt from licensing requirements under the State Board of Contractors certain undertakings by a subcontractor or sub-subcontractor involving the construction in the buildout and expansion of broadband infrastructure.
This bill passed out of the Senate with the subcontractor amendment on 03/02 for immediate release. HB 1029 was returned to the House for concurrence on 03/02. The House concurred in the amendment from the Senate on 03/03. Motion to Reconsider was entered on 03/03. As of today, the Motion to Reconsider has not been tabled. This bill is still on the calendar.
February 18, 2022
February 2022 Legislative Update for American Subcontractors Association of Mississippi.
2022 ASA LEGISLATIVE SESSION UPDATE
REGULAR SESSION
REVERSE AUCTIONS
HOUSE BILLS
H.B. 1173: Public purchasing law: Revise to provide that reverse auction shall be used by certain schools and districts. Reverse Auctions shall only be required by individual State Public Schools, Charter Schools and School Districts when purchasing products typically resold by multiple vendors. To allow local school boards to solicit bids with an alternative method for products not typically resold; to require such schools or districts to submit the alternative method of competitive open procurement to its local school board for approval
Author – McCarty; Committee assignment (H) Education.
Transmitted to the Senate on 02/10. Referred to (S) Accountability, Efficiency, Transparency on 02/15.
H.B. 1475: Reverse Auction: Revise method of receiving bids for agencies and governing authorities. To revise the reverse auction method for receiving to differentiate between agencies and governing authorities; to provide that if an agency determines that a reverse auction is not in the best interest of the agency, then that determination must be approved by the Public Procurement Review Board; to provide that if a governing authority determines that a reverse auction is not in the best interest of the governing authority, then that determination must be approved by the Governing Board of the governing authority.
Author – Bell; Committee assignment Ways and Means.
Transmitted to Senate on 02/03. Referred to (S) Accountability, Efficiency, Transparency on 02/17.
H.B. 1477: Public purchasing law; Revise certain provisions relating to reverse auctions. To provide that reverse auctions shall not be permitted for procuring any labor or services, whether for design or construction, or for procuring any goods or materials that must be fabricated, constructed or installed through the use of construction or design labor or services.
The purpose of these amendments is to clarify an existing construction exemption to state it in more detail. This bill contains ASA language.
Author – Steverson; Committee assignment Ways and Means. Transmitted to the Senate on 01/03. Referred to (S) Accountability, Efficiency, Transparency on 02/17.
SENATE BILLS
S.B. 2371: Public purchasing law: Revise threshold for bid requirements and clarify use of reverse auction: To increase the threshold for bid requirement under the public purchasing law from $50,000 to $75,000; to clarify that a purchasing entity may, in its discretion, use reverse auction for term contract purchases.
Author- Kirby; Committee assignment (S) Accountability, Efficiency, Transparency. Transmitted to the House on 02/07. Referred to (H) Workforce Development on 02/10.
S.B 2806: Public purchase law: Prohibit reverse auctions for repair and remodeling of public facilities: to clarify under the Public Purchasing Law the reverse auction shall not be used for the improvement, repair or remodeling of any public facilities, including the purchase of material, supplies, equipment or goods.
The purpose of these amendments is to clarify an existing construction exemption to state it in more detail. This bill contains ASA language.
Author – Harkins; Committee assignment (S) Accountability, Efficiency, Transparency. Transmitted to the House on 02/10. Referred to (H) Workforce Development on 02/11.
RESIDENTIAL CONSTRUCTION
HOUSE BILL
H.B. 1163: Sales tax: Revise definition of “installation charges” to exclude labor services in connection with residential roofing.
Author – Lamar; Committee assignment Ways and Means. Transmitted to Senate on 02/04. Referred to (S) Finance on 02/17.
ARBITRATION
H.B. 475: IHL Board; Extend repealer on authority to oversee certain construction projects funded by state general obligation bonds. To extend the date of the repealer on the provisions of law that authorized the Board of Trustees of State Institutions of Higher Learning to administer certain contracts for construction and maintenance projects at the State Institutions which are funded by State General Obligation Bonds
Author – Roberson; Committee assignment Universities and Colleges. Transmitted to Senate on 02/09. Referred to (S) Universities and College on 02/11.
S.B 2700: University construction projects; Extend repealer on authority of IHL Board to administer. To extend the repealer on the provision of law authorizing the Board of Trustees of State Institutions of Higher Learning to administer certain construction and maintenance projects of the institutions under its jurisdiction.
Author – Harkins; Committee assignment (S) Universities and Colleges. Transmitted to House on 02/09. Referred to (H) Universities and Colleges on 02/10.
CONSTRUCTION LIENS
SENATE BILL
S.B. 2465: Construction Liens; failure to file notice withing a certain period of time shall invalidate claim of lien. To provide that a lis pendens notice shall be filed within thirty (30) days of the date of the commencement of the action; to provide that the failure to file the lis pendens notice within a set timeframe shall invalidate the claim of lien.
Author – McCaughn; Committee assignment (S) Jud. A. Transmitted to House on 02/09. Referred to (H) Jud. A on 02/10.
April 11, 2021
It all begins with an idea.
2021 ASA LEGISLATIVE SESSION UPDATE
REGULAR SESSION
April 11, 2021
CONSTRUCTION MANAGER -
HOUSE BILL
HB 1197: Dual-phase design-build method of construction contracting: revise certain provisions. An Act to amend Section 31-7-13.1.
Author – Lamar. Committee Assignment -Ways and Means (TSDP). 02/03 (H) amended. 02/03 (H) passed as amended. 02/04 (H) transmitted to the Senate. 02/18 (S) Referred to Finance: Accountability, Efficiency, Transparency.03/02 (S) DR-TSDPAA; FI to AC. 03/02 (S) TSDP as amended. 03/10 (S) Amended. 03/10 Passed as amended.
03/11 (S) Returned for concurrence.
03/17 (H) Declined to Concur/Invite Conference
03/23 (H) Conferees named – Lamar, Steverson, Massengill
03/24 (S) Conferees named – Harkins, Thompson, Caughman
03/29 (S) Conference Report filed
03/29 (H) Conference Report filed
03/30 (S) Conference Report adopted
03/30 (H) Conference Report adopted
04/01 (H) Enrolled Bill Signed
04/01 (S) Enrolled Bill Signed
04/05 Due from Governor 04/22/21
SENATE BILL
SB 2827: Public purchases; specify requalification process for construction manager at risk soliciting bids for projects. An Act to amend 31-7-13.2, to require a construction manager at risk to solicit bids for a project; to allow the construction manager at risk, in consultation with the relevant agency or governing authority, to prequalify contractors or vendors; to specify qualifications that may be considered; to require publication at least two weeks in advance of the prequalification, of the qualifications to be considered; to provide information in a timely and complete manner; to provide protections for confidential and proprietary information submitted by a bidder during the prequalification process.
Author – Harkins; Committee – Accountability, Efficiency, Transparency (TSDP).02/11 Transmitted to the House. 02/25 (H) Referred to Workforce Development. 03/02 (H) TSDP. 03/09 (H) Amended. 03/09 (H) Passed as amended
03/10 (H) Returned for concurrence.
03/25 (S) Concurred in amendment from House
03/27 (S) Enrolled Bill signed
03/27 (H) Enrolled Bill signed
04/05 Approved by Governor
OPEN ACCOUNT STATUTE-
HOUSE BILL
HB 1077: An Act to amend Section 11-53-81, to revise the definition of the term “Open Account”; to require an open account creditor to send a demand to the current address of an account debtor through certain means; to provide that the account debtor shall be liable for expenses and costs in addition to attorney’s fees.
Author – Zuber; Committee – 01/18 referred to Banking and Financial Services. 01/28 (H) TSDP. 02/10 (H) Motion to Reconsider. 02/11 (H) Motion to Reconsider tabled. 02/11 (H) Transmitted to Senate. 02/17 (S) Referred to JUD A. 03/02 (S) TSDP. 03/10 (S) Passed as amended (Reverse Repealer).
03/11 (S) Returned for Concurrence
03/18 (H) Decline Concurrence/Invite Conference
03/22 (H) Conferees named Turner, Aguirre, Yancey
03/23 (S) Conferees named Wiggins, McCaughn, Barrett
03/27 (S) Conference Report filed
03/27 (H) Conference Report filed
03/28 (H) Recommitted for further Conference
03/28 (S) Recommitted for further Conference
04/01 (H) Died on Calendar.
CONSTRUCTION CONTRACTORS -
SENATE BILL
SB 2822: An Act to create the “Mississippi Flexible Tax Incentive Act”; to define terms to establish requirements and standards for application to the Mississippi Development Authority for certification and award of the Mississippi Flexible Tax Incentive to establish requirements and standards for the certification and award of the MS Flexible Tax Incentive by the MS Development Authority to a qualified business or industry for a qualified economic development project.
Author: Parker. Additional Author: Harkins; Committee – Finance; Economic & Workforce Development. 02/17 (S) DR – TSDP. FI to EC. 02/17 TSDP. 02/18 (S) Passed. 02/22 (S) Transmitted to House. 02/24 (H) Referred to Ways and Means. 03/11 (H) TSDP. 03/15 (H) Read the Third time.03/16 (H) Amended.
03/17 (H) Returned for Concurrence
03/18 (S) Decline to Concur/Invite Conference
03/22 (S) Conferees named – Harkins, Parker, Filligane
03/23 (H) Conferees named – Lamar, Steverson, Massengill
03/27 (S) Died in Conference
RESIDENTIAL CONTRACTORS-
SB 2874: An Act to create a new Section in Title73, Chapter 59, to require that all residential contractors, in order to obtain a building permit in this state, possess a permit from the Department of Revenue issued under Section 27-65-27; to define “Residential Contractor” for the purposes of this permit requirements.
Author-Harkins; Committee -Finance (TSDP). Passed out 02/01. On the Senate Calendar 02/09 (S) Passed. 02/10 (S) Transmitted to House. 02/24 (H) Transmitted to Ways and Means. 03/02 (H) TSDP.03/09 (H) Amended. 03/09 Passed as amended.
03/10 (H) Returned for concurrence.
03/17 (S) Decline to Concur/Invite Conference
03/18 (S) Conferees named – Harkins, McMahan, Thompson
03/23 (H) Conferees named - Lamar, Steverson, Massengill
03/29 (S) Conference Report filed
03/29 (H) Conference Report filed
03/30 (H) Conference Report adopted
03/30 (S) Failed
03/30 (S) Motion to Reconsider entered
03/30 (S) Reconsidered
04/01 (S) Enrolled Bill Signed
04/01 (H) Enrolled Bill Signed
04/05 Due from Governor 04/22/21
OCCUPATIONAL LICENSING
HB 1263: Occupational licensing; provide for recognition of out-of-state licenses if applicants satisfy certain conditions. An Act to amend Section 73-50-1, to provide that Mississippi Occupational Licensing Boards shall issue a license to an applicant who establishes residence in this State if the applicant holds a current license in Good Standing from another State, has been licensed by the other State for at least one year and satisfies certain other conditions; to provide that the license issued to the applicant will be in the discipline applied for and the same practice level as determined by the Occupational Licensing Board.
Author: Currie, Owen, Brown (20th); Committee – Workforce Development (TSDP). Amended 02/03. Passed as amended 02/03. 02/04 transmitted to Senate.02/18 (S) Referred to Accountability, Efficiency, Transparency. 03/01 (S) TSDP as amended. 03/09 Passed as amended.
03/10 (S) Returned for concurrence.
03/16 (H) Concurred in Amendment from Senate
03/18 (H) Enrolled Bill signed
03/19 (S) Enrolled Bill signed
03/25 Approved by Governor
Law