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.
