| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary A By: Representative Hood House Bill 1543 AN ACT TO BRING FORWARD SECTIONS 43-21-261, 43-21-351, 43-21-801, 45-33-61 AND 93-31-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE YOUTH COURT SUPPORT PROGRAM AND REPEAL ON JULY 1, 2026, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTIONS 9-21-9, 9-17-1 AND 9-1-36, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE DUTIES OF THE ADMINISTRATIVE OFFICE OF COURTS, FOR PURPOSES OF AMENDMENT; TO PROHIBIT ANY COURT OR COUNTY BOARD OF SUPERVISORS FROM ENTERING INTO ANY MULTIYEAR CONTRACT OR SERVICE AGREEMENT FOR THE PURCHASE OF ANY WEB-BASED APPLICATION TO BE UTILIZED WITH THE MISSISSIPPI YOUTH COURT INFORMATION DELIVERY SYSTEM (MYCIDS) WITHOUT COMPLETING A COMPETITIVE BIDDING PROCESS FOR THOSE SERVICES; TO AMEND SECTION 31-7-13, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO MAKE TECHNICAL REVISIONS TO THE COURT INTERPRETERS PROGRAM ADMINISTERED BY THE ADMINISTRATIVE OFFICE OF COURTS; TO AMEND SECTION 9-21-71, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 9-21-73, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE COURT INTERPRETER PROGRAM IS TO PROVIDE LANGUAGE ACCESS IN ALL MISSISSIPPI COURTS; TO AMEND SECTION 9-21-77, MISSISSIPPI CODE OF 1972, TO REVISE THE INTERPRETER'S OATH; TO AMEND SECTION 9-21-79, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS RELATING TO THE DETERMINATION OF WHETHER A COURT INTERPRETER IS NEEDED AND TO AUTHORIZE A LIMITED ENGLISH PROFICIENT INDIVIDUAL TO WAIVE THE SERVICES OF AN INTERPRETER; TO AMEND SECTION 9-21-80, MISSISSIPPI CODE OF 1972, TO DECLARE THAT ALL COURT INTERPRETERS ARE SUBJECT TO THE ETHICAL REQUIREMENTS OF THE MISSISSIPPI COURT INTERPRETER CREDENTIALING PROGRAM REGARDLESS OF WHETHER OR NOT THEY ARE LISTED ON THE ROSTER OF CREDENTIALED INTERPRETERS MAINTAINED BY THE ADMINISTRATIVE OFFICE OF COURTS; TO AMEND SECTION 9-21-81, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE EXPENSES OF AN INTERPRETER TO BE PAID WITH ANY FUNDS AVAILABLE FOR SUCH PURPOSE FOR ANY LIMITED ENGLISH PROFICIENT PARTY, WITNESS OR PARTICIPANT; TO CREATE NEW SECTION 9-21-82, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH COURT TO SUBMIT AN ANNUAL REPORT CONTAINING SPECIFIED INFORMATION TO THE ADMINISTRATIVE OFFICE OF COURTS; TO AMEND SECTION 99-17-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE EXPENSES OF AN INTERPRETER IN A CRIMINAL PROCEEDING TO BE PAID WITH ANY FUNDS AVAILABLE FOR SUCH PURPOSE FOR ANY LIMITED ENGLISH PROFICIENT PARTY, WITNESS OR PARTICIPANT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 43-21-261, Mississippi Code of 1972, is brought forward as follows: 43-21-261. (1) Except as otherwise provided in this section, records involving children shall not be disclosed, other than to necessary staff or officials of the youth court, a guardian ad litem appointed to a child by the court, or a Court-Appointed Special Advocate (CASA) volunteer who may be assigned in a dependency, abuse or neglect case, except pursuant to an order of the youth court specifying the person or persons to whom the records may be disclosed, the extent of the records which may be disclosed and the purpose of the disclosure. Such court orders for disclosure shall be limited to those instances in which the youth court concludes, in its discretion, that disclosure is required for the best interests of the child, the public safety, the functioning of the youth court, or to identify a person who knowingly made a false allegation of child abuse or neglect, and then only to the following persons: (a) The judge of another youth court or member of another youth court staff; (b) The court of the parties in a child custody or adoption cause in another court; (c) A judge of any other court or members of another court staff, including the chancery court that ordered a forensic interview; (d) Representatives of a public or private agency providing supervision or having custody of the child under order of the youth court; (e) Any person engaged in a bona fide research purpose, provided that no information identifying the subject of the records shall be made available to the researcher unless it is absolutely essential to the research purpose and the judge gives prior written approval, and the child, through his or her representative, gives permission to release the information; (f) The Mississippi Department of Employment Security, or its duly authorized representatives, for the purpose of a child's enrollment into the Job Corps Training Program as authorized by Title IV of the Comprehensive Employment Training Act of 1973 (29 USCS Section 923 et seq.). However, no records, reports, investigations or information derived therefrom pertaining to child abuse or neglect shall be disclosed; (g) Any person pursuant to a finding by a judge of the youth court of compelling circumstances affecting the health, safety or well-being of a child and that such disclosure is in the best interests of the child or an adult who was formerly the subject of a youth court delinquency proceeding; (h) A person who was the subject of a knowingly made false allegation of child abuse or neglect which has resulted in a conviction of a perpetrator in accordance with Section 97-35-47 or which allegation was referred by the Department of Child Protection Services to a prosecutor or law enforcement official in accordance with the provisions of Section 43-21-353(4). Law enforcement agencies may disclose information to the public concerning the taking of a child into custody for the commission of a delinquent act without the necessity of an order from the youth court. The information released shall not identify the child or his address unless the information involves a child convicted as an adult. (2) Any records involving children which are disclosed under an order of the youth court or pursuant to the terms of this section and the contents thereof shall be kept confidential by the person or agency to whom the record is disclosed unless otherwise provided in the order. Any further disclosure of any records involving children shall be made only under an order of the youth court as provided in this section. (3) Upon request, the parent, guardian or custodian of the child who is the subject of a youth court cause or any attorney for such parent, guardian or custodian, shall have the right to inspect any record, report or investigation relevant to a matter to be heard by a youth court, except that the identity of the reporter shall not be released, nor the name of any other person where the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of such person. The attorney for the parent, guardian or custodian of the child, upon request, shall be provided a copy of any record, report or investigation relevant to a matter to be heard by a youth court, but the identity of the reporter must be redacted and the name of any other person must also be redacted if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life, safety or well-being of the person. A record provided to the attorney under this section must remain in the attorney's control and the attorney may not provide copies or access to another person or entity without prior consent of a court with appropriate jurisdiction. (4) Upon request, the child who is the subject of a youth court cause shall have the right to have his counsel inspect and copy any record, report or investigation which is filed with the youth court or which is to be considered by the youth court at a hearing. (5) (a) The youth court prosecutor or prosecutors, the county attorney, the district attorney, the youth court defender or defenders, or any attorney representing a child shall have the right to inspect and copy any law enforcement record involving children. (b) The Department of Child Protection Services shall disclose to a county prosecuting attorney or district attorney any and all records resulting from an investigation into suspected child abuse or neglect when the case has been referred by the Department of Child Protection Services to the county prosecuting attorney or district attorney for criminal prosecution. (c) Agency records made confidential under the provisions of this section may be disclosed to a court of competent jurisdiction. (d) Records involving children shall be disclosed to the Division of Victim Compensation of the Office of the Attorney General upon the division's request without order of the youth court for purposes of determination of eligibility for victim compensation benefits. (6) Information concerning an investigation into a report of child abuse or child neglect may be disclosed by the Department of Child Protection Services without order of the youth court to any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, or a public or private school employee making that report pursuant to Section 43-21-353(1) if the reporter has a continuing professional relationship with the child and a need for such information in order to protect or treat the child. (7) Information concerning an investigation into a report of child abuse or child neglect may be disclosed without further order of the youth court to any interagency child abuse task force established in any county or municipality by order of the youth court of that county or municipality. (8) Names and addresses of juveniles twice adjudicated as delinquent for an act which would be a felony if committed by an adult or for the unlawful possession of a firearm shall not be held confidential and shall be made available to the public. (9) Names and addresses of juveniles adjudicated as delinquent for murder, manslaughter, burglary, arson, armed robbery, aggravated assault, any sex offense as defined in Section 45-33-23, for any violation of Section 41-29-139(a)(1) or for any violation of Section 63-11-30, shall not be held confidential and shall be made available to the public. (10) The judges of the circuit and county courts, and presentence investigators for the circuit courts, as provided in Section 47-7-9, shall have the right to inspect any youth court records of a person convicted of a crime for sentencing purposes only. (11) The victim of an offense committed by a child who is the subject of a youth court cause shall have the right to be informed of the child's disposition by the youth court. (12) A classification hearing officer of the State Department of Corrections, as provided in Section 47-5-103, shall have the right to inspect any youth court records, excluding abuse and neglect records, of any offender in the custody of the department who as a child or minor was a juvenile offender or was the subject of a youth court cause of action, and the State Parole Board, as provided in Section 47-7-17, shall have the right to inspect such records when the offender becomes eligible for parole. (13) The youth court shall notify the Department of Public Safety of the name, and any other identifying information such department may require, of any child who is adjudicated delinquent as a result of a violation of the Uniform Controlled Substances Law. (14) The Administrative Office of Courts shall have the right to inspect any youth court records in order that the number of youthful offenders, abused, neglected, truant and dependent children, as well as children in need of special care and children in need of supervision, may be tracked with specificity through the youth court and adult justice system, and to utilize tracking forms for such purpose. (15) Upon a request by a youth court, the Administrative Office of Courts shall disclose all information at its disposal concerning any previous youth court intakes alleging that a child was a delinquent child, child in need of supervision, child in need of special care, truant child, abused child or neglected child, as well as any previous youth court adjudications for the same and all dispositional information concerning a child who at the time of such request comes under the jurisdiction of the youth court making such request. (16) The Administrative Office of Courts may, in its discretion, disclose to the Department of Public Safety any or all of the information involving children contained in the office's youth court data management system known as Mississippi Youth Court Information Delivery System or "MYCIDS." (17) The youth courts of the state shall disclose to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) any youth court records in order that the number of youthful offenders, abused, neglected, truant and dependent children, as well as children in need of special care and children in need of supervision, may be tracked with specificity through the youth court and adult justice system, and to utilize tracking forms for such purpose. The disclosure prescribed in this subsection shall not require a court order and shall be made in sortable, electronic format where possible. The PEER Committee may seek the assistance of the Administrative Office of Courts in seeking this information. The PEER Committee shall not disclose the identities of any youth who have been adjudicated in the youth courts of the state and shall only use the disclosed information for the purpose of monitoring the effectiveness and efficiency of programs established to assist adjudicated youth, and to ascertain the incidence of adjudicated youth who become adult offenders. (18) In every case where an abuse or neglect allegation has been made, the confidentiality provisions of this section shall not apply to prohibit access to a child's records by any state regulatory agency, any state or local prosecutorial agency or law enforcement agency; however, no identifying information concerning the child in question may be released to the public by such agency except as otherwise provided herein. (19) In every case of child abuse or neglect, if a child's physical condition is medically labeled as medically "serious" or "critical" or a child dies, the confidentiality provisions of this section shall not apply. In such cases, the following information may be released by the Mississippi Department of Child Protection Services: the cause of the circumstances regarding the fatality or medically serious or critical physical condition; the age and gender of the child; information describing any previous reports of child abuse or neglect investigations that are pertinent to the child abuse or neglect that led to the fatality or medically serious or critical physical condition; the result of any such investigations; and the services provided by and actions of the state on behalf of the child that are pertinent to the child abuse or neglect that led to the fatality or medically serious or critical physical condition. (20) Any member of a foster care review board designated by the Department of Child Protection Services shall have the right to inspect youth court records relating to the abuse, neglect or child in need of supervision cases assigned to such member for review. (21) Information concerning an investigation into a report of child abuse or child neglect may be disclosed without further order of the youth court in any administrative or due process hearing held, pursuant to Section 43-21-257, by the Department of Child Protection Services for individuals whose names will be placed on the central registry as substantiated perpetrators. (22) The Department of Child Protection Services may disclose records involving children to the following: (a) A foster home, residential child-caring agency or child-placing agency to the extent necessary to provide such care and services to a child; (b) An individual, agency or organization that provides services to a child or the child's family in furtherance of the child's permanency plan to the extent necessary in providing those services; (c) Health and mental health care providers of a child to the extent necessary for the provider to properly treat and care for the child; (d) An educational institution or educational services provider where the child is enrolled or where enrollment is anticipated to the extent necessary for the school to provide appropriate services to the child; (e) Any state agency or board that administers student financial assistance programs. However, any records request under this paragraph shall be initiated by the agency or board for the purpose determining the child's eligibility for student financial assistance, and any disclosure shall be limited to the verification of the child's age during the period of time in which the child was in the department's legal custody; and (f) Any other state agency if the disclosure is necessary to the department in fulfilling its statutory responsibilities in protecting the best interests of the child. (23) Nothing in this section or chapter shall require youth court approval for disclosure of records involving children as defined in Section 43-21-105(u), if the disclosure is made in a criminal matter by a municipal or county prosecutor, a district attorney or statewide prosecutor, pursuant to the Mississippi Rules of Criminal Procedure and the records are disclosed under a protective order issued by the Circuit Court presiding over the criminal matter which incorporates the penalties stated in Section 43-21-267. (24) The provisions of this section shall stand repealed on July 1, 2026. SECTION 2. Section 43-21-351, Mississippi Code of 1972, is brought forward as follows: 43-21-351. (1) Any person or agency having knowledge that a child residing or being within the county is within the jurisdiction of the youth court may make a written report to the intake unit alleging facts sufficient to establish the jurisdiction of the youth court. The report shall bear a permanent number that will be assigned by the court in accordance with the standards established by the Administrative Office of Courts pursuant to Section 9-21-9(d), and shall be preserved until destroyed on order of the court. (2) There shall be in each youth court of the state an intake officer who shall be responsible for the accurate and timely entering of all intake and case information into the Mississippi Youth Court Information Delivery System (MYCIDS) for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services. It shall be the responsibility of the youth court judge or referee of each county to ensure that the intake officer is carrying out the responsibility of this section. (3) Each intake officer shall receive, at a minimum, six (6) hours of annual training on MYCIDS provided by the Mississippi Judicial College. The required training under this subsection shall be in addition to technical training provided by the Mississippi Supreme Court MYCIDS Information Technology Department. (4) The Mississippi Judicial College, in conjunction with the Administrative Office of Courts, shall develop training materials on MYCIDS: (a) To ensure the accurate and timely entrance of all intake and case information throughout the state by intake officers; (b) To ensure that youth court judges are equipped to oversee the functions of each intake officer. (5) The provisions of this section shall stand repealed on July 1, 2026. SECTION 3. Section 43-21-801, Mississippi Code of 1972, is brought forward as follows: 43-21-801. (1) There is established the Youth Court Support Program. The purpose of the program shall be to ensure that all youth courts have sufficient support funds to carry on the business of the youth court. The Administrative Office of Courts shall establish a formula consistent with this section for providing state support payable from the Youth Court Support Fund for the support of the youth courts. (a) (i) Each regular youth court referee is eligible for youth court support funds so long as the senior chancellor does not elect to employ a youth court administrator as set forth in paragraph (b); a municipal youth court judge is also eligible. The Administrative Office of Courts shall direct any funds to the appropriate county or municipality. The funds shall be utilized to compensate an intake officer who shall be responsible for ensuring that all intake and case information for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the court already has an intake officer responsible for entering all cases of the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services into MYCIDS, the regular youth court referee or municipal court judge may certify to the Administrative Office of Courts that such a person is already on staff. In such a case, each regular youth court referee or municipal youth court judge shall have the sole individual discretion to appropriate those funds as expense monies to assist in hiring secretarial staff and acquiring materials and equipment incidental to carrying on the business of the court within the private practice of law of the referee or judge, or may direct the use of those funds through the county or municipal budget for court support supplies or services. The regular youth court referee and municipal youth court judge shall be accountable for assuring through private, county or municipal employees the proper preparation and filing of all necessary tracking and other documentation attendant to the administration of the youth court. (ii) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the county or municipality to be used by the judge or referee during the term of his office and thereafter by his successors. (b) (i) When permitted by the Administrative Office of Courts and as funds are available, the senior chancellor for Chancery Districts One, Two, Three, Four, Six, Seven, Nine, Ten, Thirteen, Fourteen, Fifteen and Eighteen may appoint a youth court administrator for the district whose responsibility will be to perform all reporting, tracking and other duties of a court administrator for all youth courts in the district that are under the chancery court system. Any chancery district listed in this paragraph in which a chancellor appoints a referee or special master to hear any youth court matter is ineligible for funding under this paragraph (b). The Administrative Office of Courts may allocate to an eligible chancery district a sum not to exceed Thirty Thousand Dollars ($30,000.00) per year for the salary, fringe benefits and equipment of the youth court administrator, and an additional sum not to exceed One Thousand Nine Hundred Dollars ($1,900.00) for the administrator's travel expenses. (ii) The appointment of a youth court administrator shall be evidenced by the entry of an order on the minutes of the court. The person appointed shall serve at the will and pleasure of the senior chancellor but shall be an employee of the Administrative Office of Courts. (iii) The Administrative Office of Courts must approve the position, job description and salary before the position can be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of the funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose. (iv) Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the State of Mississippi. (c) (i) Each county court is eligible for youth court support funds. The funds shall be utilized to provide compensation to an intake officer who shall be responsible for ensuring that all intake and case information for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the county court already has an intake officer or other staff person responsible for entering all cases of the Department of Human Services - Division of Youth Services, truancy matters and the Department of Child Protection Services into MYCIDS, the senior county court judge may certify that such a person is already on staff. In such a case, the senior county court judge shall have discretion to direct the expenditure of those funds in hiring other support staff to carry on the business of the court. (ii) For the purposes of this paragraph, "support staff" means court administrators, law clerks, legal research assistants, secretaries, resource administrators or case managers appointed by a youth court judge, or any combination thereof, but shall not mean school attendance officers. (iii) The appointment of support staff shall be evidenced by the entry of an order on the minutes of the court. The support staff so appointed shall serve at the will and pleasure of the senior county court judge but shall be an employee of the county. (iv) The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose. (v) The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed pursuant to this paragraph if the additional expenditure falls within the formula. Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the county to be used by the youth court and support staff. (2) (a) (i) The formula developed by the Administrative Office of Courts for providing youth court support funds shall be devised so as to distribute appropriated funds proportional to caseload and other appropriate factors as set forth in regulations promulgated by the Administrative Office of Courts. The formula will determine a reasonable maximum amount per judge or referee per annum that will not be exceeded in allocating funds under this section. (ii) The formula shall be reviewed by the Administrative Office of Courts every two (2) years to ensure that the youth court support funds provided herein are proportional to each youth court's caseload and other specified factors. (iii) The Administrative Office of Courts shall have wide latitude in the first two-year cycle to implement a formula designed to maximize caseload data collection. (b) Application to receive funds under this section shall be submitted in accordance with procedures established by the Administrative Office of Courts. (c) Approval of the use of any of the youth court support funds distributed under this section shall be made by the Administrative Office of Courts in accordance with procedures established by the Administrative Office of Courts. (3) (a) There is created in the State Treasury a special fund to be designated as the "Youth Court Support Fund," which shall consist of funds appropriated or otherwise made available by the Legislature 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 investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be distributed to the youth courts by the Administrative Office of Courts for the purposes described in this section. (b) (i) During the regular legislative session held in calendar year 2007, the Legislature may appropriate an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund. (ii) During each regular legislative session subsequent to the 2007 Regular Session, the Legislature shall appropriate Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund. (c) No youth court judge or youth court referee shall be eligible to receive funding from the Youth Court Support Fund who has not received annual continuing education in the field of juvenile justice in an amount to conform with the requirements of the Rules and Regulations for Mandatory Continuing Judicial Education promulgated by the Supreme Court or received at least one (1) hour of annual continuing education concerning oversight of youth court intake officers and MYCIDS. The Administrative Office of Courts shall maintain records of all referees and youth court judges regarding such training and shall not disburse funds to any county or municipality for the budget of a youth court judge or referee who is not in compliance with the judicial training requirements. (4) Any recipient of funds from the Youth Court Support Fund shall not be eligible for continuing disbursement of funds if the recipient is not in compliance with the terms, conditions and reporting requirements set forth in the procedures promulgated by the Administrative Office of Courts. (5) The provisions of this section shall stand repealed on July 1, 2026. SECTION 4. Section 45-33-61, Mississippi Code of 1972, is brought forward as follows: 45-33-61. (1) A person convicted of a sex offense shall not access the Administrative Office of Courts' youth court data management system known as the Mississippi Youth Court Information Delivery System or "MYCIDS." (2) This section applies to all registered sex offenders without regard to the date of conviction for a registrable offense. (3) The provisions of this section shall stand repealed on July 1, 2026. SECTION 5. Section 93-31-3, Mississippi Code of 1972, is brought forward as follows: 93-31-3. (1) (a) A parent or legal custodian of a child, by means of a properly executed power of attorney as provided in Section 93-31-5, may delegate to another willing person or persons as attorney-in-fact any of the powers regarding the care and custody of the child other than the following: (i) The power to consent to marriage or adoption of the child; (ii) The performance or inducement of an abortion on or for the child; or (iii) The termination of parental rights to the child. (b) A delegation of powers under this section does not: (i) Change or modify any parental or legal rights, obligations, or authority established by an existing court order; (ii) Deprive any custodial or noncustodial parent or legal guardian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of the child; or (iii) Affect a court's ability to determine the best interests of a child. (c) If both parents are living and neither parent's parental rights have been terminated, both parents must execute the power of attorney. If a noncustodial parent is absent or unknown, the custodial parent must complete the affidavit contemplated under Section 93-31-5 and attach it to the power of attorney. (d) A power of attorney under this chapter must be facilitated by either a child welfare agency that is licensed to place children for adoption and that is operating under the Safe Families for Children model or another charitable organization that is operating under the Safe Families for Children model. A full criminal history and child abuse and neglect background check must be conducted on any person who is not a grandparent, aunt, uncle, or sibling of the child if the person is: (i) Designated or proposed to be designated as the attorney-in-fact; or (ii) Is a person over the age of fifteen (15) who resides in the home of the designated attorney-in-fact. (2) A power of attorney executed under this chapter shall not be used for the sole purposes of enrolling a child in a school to participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purposes, except as may be permitted by the federal Every Student Succeeds Act (Public Law 114-95). (3) The parent or legal custodian of the child has the authority to revoke or withdraw the power of attorney authorized by this section at any time. Upon the termination, expiration, or revocation of the power of attorney, the child must be returned to the custody of the parent or legal custodian. (4) Until the authority expires or is revoked or withdrawn by the parent or legal custodian, the attorney-in-fact shall exercise parental or legal authority on a continuous basis without compensation for the duration of the power of attorney. (5) The execution of a power of attorney by a parent or legal custodian does not, in the absence of other evidence, constitute abandonment, desertion, abuse, neglect, or any evidence of unfitness as a parent unless the parent or legal custodian fails to take custody of the child or execute a new power of attorney after the one-year time limit, or after a longer time period as allowed for a serving parent, has elapsed. Nothing in this subsection prevents the Department of Child Protection Services or law enforcement from investigating allegations of abuse, abandonment, desertion, neglect or other mistreatment of a child. (6) When the custody of a child is transferred by a power of attorney under this chapter, the child is not considered to have been placed in foster care and the attorney-in-fact will not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to out-of-home care for children and will not be subject to any statutes or regulations dealing with the licensing or regulation of foster care homes. (7) (a) "Serving parent" means a parent who is a member of the Armed Forces of the United States, including any reserve component thereof, or the National Oceanic and Atmospheric Administration Commissioned Officer Corps or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Armed Forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty. (b) A serving parent may delegate the powers designated in subsection (1) of this section for longer than one (1) year if on active-duty service or if scheduled to be on active-duty service. The term of delegation, however, may not exceed the term of active-duty service plus thirty (30) days. (8) (a) A power of attorney under this chapter must be filed in the youth court of the county where the minor child or children reside at the time the form is completed, and the clerk of the youth court will not impose or collect a filing fee. The filing is informational only, and no judicial intervention shall result at the time of filing. (b) The power of attorney must be entered into the Mississippi Youth Court Information Delivery System (MYCIDS) under Section 43-21-351, and must be administratively reviewed by the youth court judge or referee, or a person designated by the youth court judge or referee, to ensure the safety of the child or children who are the subjects of the power of attorney one (1) year after the date of execution. (9) The provisions of this section shall stand repealed on July 1, 2026. SECTION 6. Section 9-21-9, Mississippi Code of 1972, is brought forward as follows: 9-21-9. (1) The Administrative Director of Courts shall have the following duties and authority with respect to all courts in addition to any other duties and responsibilities as may be properly assigned by the Supreme Court and/or by law: (a) To require the filing of reports, the collection and compilation of statistical data and other information on the judicial and financial operation of the courts and on the operation of other offices directly related to and serving the courts; (b) To determine the state of the dockets and evaluate the practices and procedures of the courts and make recommendations concerning the number of judges and other personnel required for the efficient administration of justice; (c) To prescribe uniform administrative and business methods, systems, forms and records to be used in the offices of the clerks of courts; (d) To devise, promulgate and require the use of a uniform youth court case tracking system, including a youth court case filing form for filing with each individual youth court matter, to be utilized by the Administrative Office of Courts and the youth courts in order that the number of youthful offenders, abused, neglected, truant and dependent children, as well as children in need of special care and children in need of supervision, may be tracked with specificity through the youth court and adult justice systems; in support of the uniform case docketing system, the director shall require that all youth courts utilize the Mississippi Youth Court Information Delivery System (MYCIDS); (e) To develop, promulgate and require the use of a statewide docket numbering system to be utilized by the youth courts, which youth court docket numbers shall standardize and unify the numbering system by which youth court docket numbers are assigned, such that each docket number would, among other things, identify the county and year in which a particular youth court action was commenced; (f) To develop, promulgate and require the use of uniform youth court orders and forms in all youth courts and youth court proceedings; (g) To prepare and submit budget recommendations for state appropriations necessary for the maintenance and operation of the judicial system and to authorize expenditures from funds appropriated for these purposes as permitted or authorized by law; (h) To develop and implement personnel policies for nonjudicial personnel employed by the courts; (i) To investigate, make recommendations concerning and assist in the securing of adequate physical accommodations for the judicial system; (j) To procure, distribute, exchange, transfer and assign such equipment, books, forms and supplies as are acquired with state funds or grant funds or otherwise for the judicial system; (k) To make recommendations for the improvement of the operations of the judicial system; (l) To prepare and submit an annual report on the work of the judicial system to the Supreme Court; (m) To take necessary steps in the collection of unpaid court costs, fines and forfeitures; (n) To perform such additional administrative duties relating to the improvement of the administration of justice as may be assigned by the Supreme Court; and (o) To promulgate standards, rules and regulations for computer and/or electronic filing and storage of all court records and court-related records maintained throughout the state in courts and in offices of circuit and chancery clerks. (p) To utilize the provisions of law that regulate public purchasing in Sections 31-7-1 et seq., to contract with a provider to effectuate the requirements of paragraph (d) for the Mississippi Youth Court Information Delivery System (MYCIDS). (2) (a) The Administrative Director of Courts shall conduct an audit of the Mississippi Youth Court Information Delivery System (MYCIDS), by August 1, 2024, to review: the services provided by the system, any contractors or employees used to administer the system, the process used to design or administer the system, guidelines used to create the system and the primary functions of the system and whether the system can be accessed by users of the Mississippi Electronic Court System or merged with the Mississippi Electronic Court System. (b) The Administrative Director of Courts shall provide a report to the Judiciary A Committees of the Mississippi House of Representatives and the Senate by September 1, 2024, that includes: (i) A copy of the audit; (ii) Recommendations that resolve any deficiencies in the system or improve the system; (iii) Recommendations that outline the creation of a new system which is to be in operation by July 1, 2026. (iv) A list of the companies or agencies that have submitted bids to resolve deficiencies, make improvements or create a new system. SECTION 7. Section 9-17-1, Mississippi Code of 1972, is brought forward as follows: 9-17-1. (1) If a circuit or chancery district contains more than one (1) judge or chancellor, the judges or chancellors may establish jointly the office of court administrator for that judicial district with an order entered on the minutes of each court in that judicial district. The establishment of the office of court administrator shall be accomplished by vote of a majority of the participating judges or chancellors in the district, and such court administrator shall be appointed by vote of a majority of the judges or chancellors and may be removed by a majority vote of the judges or chancellors. In case of a tie vote, the senior judge or senior chancellor shall cast two (2) votes. (2) As an alternative to subsection (1), in a circuit or chancery district containing more than one (1) judge or chancellor, a judge or chancellor independently may establish the office of court administrator for that judge's or chancellor's office with an order entered on the minutes of each court in that judicial district appointing the court administrator to serve at the will and pleasure of the hiring judge or chancellor. (3) In a county court where there is more than one (1) county judge, the county judges may establish jointly the office of court administrator for that county court with an order entered on the minutes of that court. The establishment of the office of court administrator shall be accomplished by vote of a majority of the county judges in the county, and the court administrator shall be appointed by a vote of a majority of the county judges and may be removed by a majority vote of the county judges. In the case of a tie vote, the senior county judge shall cast two (2) votes. (4) In a county court with one (1) county judge, the office of court administrator shall be established with an order entered on the minutes of that court. The appointment of the court administrator shall be accomplished with an order entered on the minutes of the court stating that the court administrator serves at the will and pleasure of the county judge. (5) Before a court administrator appointed under this section may be hired, the Administrative Office of Courts will evaluate the chosen applicant to determine if the applicant meets the minimum requirements of the position of court administrator. (6) The court administrators shall be provided office space in the same manner as such is afforded the circuit judges, chancellors and county judges. (7) The annual salary of the court administrator appointed pursuant to subsection (1) shall be set by vote of the circuit judges or chancellors of the district and shall be submitted to the Administrative Office of Courts for approval pursuant to Section 9-1-36. The salary shall be paid in twelve (12) installments on the last working day of the month by the Administrative Office of Courts after it has been authorized by the participating judges and chancellors and an order has been duly placed on the minutes of each participating court. Any county within a judicial district having a court administrator shall transfer to the Administrative Office of Courts one-twelfth (1/12) of its pro rata cost of authorized compensation, as defined in Section 9-1-36, for the court administrator by the twentieth day of each month for the compensation that is to be paid on the last day of that month. The board of supervisors may transfer the pro rata cost of the county from the funds of that county pursuant to Section 9-17-5(2)(b). (8) The annual salary of each court administrator appointed pursuant to subsection (2) shall be set by the appointing circuit judge or chancellor and shall be submitted to the Administrative Office of Courts for approval pursuant to Section 9-1-36. The salary shall be paid in twelve (12) installments on the last working day of the month by the Administrative Office of Courts after it has been authorized by the appointing judge or chancellor and an order has been duly placed on the minutes of the participating court. Any county within a judicial district that has a court administrator shall transfer to the Administrative Office of Courts one-twelfth (1/12) of its pro rata cost of authorized compensation, as defined in Section 9-1-36, for the court administrator by the twentieth day of each month for the compensation that is to be paid on the last day of that month. The board of supervisors may transfer the pro rata cost of the county from the funds of that county pursuant to Section 9-17-5(2)(b). (9) The annual salary of the court administrator appointed pursuant to subsection (3) shall be set by a vote of the county judges of the county and shall be paid by the county's board of supervisors. (10) The annual salary of the court administrator appointed pursuant to subsection (4) shall be set by the county judge of the county and shall be paid by that county's board of supervisors. (11) For all travel required in the performance of official duties, the court administrator shall be paid mileage by the county in which the duties were performed at the same rate as provided for state employees in Section 25-3-41, Mississippi Code of 1972. The court administrator shall file a certificate of mileage expense incurred during that term with the board of supervisors of each participating county and payment of such expense shall be paid proportionately out of the court administration fund established pursuant to Section 9-17-5. SECTION 8. Section 9-1-36, Mississippi Code of 1972, is brought forward as follows: 9-1-36. (1) Each circuit judge and chancellor shall receive an office operating allowance for the expenses of operating the office of the judge, including retaining a law clerk, legal research, stenographic help, stationery, stamps, furniture, office equipment, telephone, office rent and other items and expenditures necessary and incident to maintaining the office of judge which may include expenses to travel out of state once per state fiscal year for continuing legal education classes and or seminars if approved by the Chief Justice. The allowance shall be paid only to the extent of actual expenses incurred by the judge as itemized and certified by the judge to the Supreme Court in the amounts set forth in this subsection; however, the judge may expend sums in excess thereof from the compensation otherwise provided for his office. From and after July 1, 2023, the office operating allowance under this subsection shall be Fifteen Thousand Dollars ($15,000.00) per annum. (2) In addition to the amounts provided for in subsection (1), there is created a separate office allowance fund for the purpose of providing support staff to judges. This fund shall be managed by the Administrative Office of Courts. (3) Each judge who desires to employ support staff must have each candidate approved by the Administrative Office of Courts before the positions may be filled. The Administrative Office of Courts shall not approve any hire which does not first require the expenditure of the funds in the support staff fund for compensation of any of the support staff before expenditure is authorized of county funds for that purpose. Upon approval by the Administrative Office of Courts, the judge or judges may appoint the employees to the position or positions, and each employee so appointed will work at the will and pleasure of the judge or judges who appointed him but will be employees of the Administrative Office of Courts. Upon approval by the Administrative Office of Courts, the appointment of any support staff shall be evidenced by the entry of an order on the minutes of the court. When support staff is appointed jointly by two (2) or more judges, the order setting forth any appointment shall be entered on the minutes of each participating court. (4) Support staff shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts. Each judge shall be allotted the amount of One Hundred Thirty Thousand Dollars ($130,000.00) per fiscal year for all support staff approved by the Administrative Office of Courts. The Administrative Office of Courts may approve expenditures from the fund for additional equipment for support staff appointed pursuant to this section in any year in which the allocation per judge is sufficient to meet the equipment expense after provision for the compensation of the support staff. (5) For the purposes of this section, the following terms have the meaning ascribed in this subsection unless the context clearly requires otherwise: (a) "Judges" means circuit judges and chancellors, or any combination thereof. (b) "Support staff" means court administrators, law clerks, legal research assistants or secretaries, or any combination thereof, but shall not mean school attendance officers. (c) "Compensation" means the gross salary plus all amounts paid for benefits or otherwise as a result of employment or as required by employment; however, only salary earned for services rendered shall be reported and credited for Public Employees' Retirement System purposes. Amounts paid for benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes. (d) "Law clerk" means a clerk hired to assist a judge or judges who has a law degree or who is a full-time law student who is making satisfactory progress at an accredited law school. (6) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the State of Mississippi to be used by the circuit judge or chancellor during the term of his office and thereafter by his successors. (7) Any circuit judge or chancellor who did not have a primary office provided by the county on March 1, 1988, shall be allowed an additional Seven Thousand Dollars ($7,000.00) per annum to defray the actual expenses incurred by the judge or chancellor in maintaining an office; however, any circuit judge or chancellor who had a primary office provided by the county on March 1, 1988, and who vacated the office space after that date for a legitimate reason, as determined by the Department of Finance and Administration, shall be allowed the additional office expense allowance provided under this subsection. The county in which a circuit judge or chancellor sits is authorized to provide funds from any available source to assist in defraying the actual expenses to maintain an office. (8) The Supreme Court, through the Administrative Office of Courts, shall submit to the Department of Finance and Administration the itemized and certified expenses for office operating allowances that are directed to the court pursuant to this section. (9) The Supreme Court, through the Administrative Office of Courts, shall have the power to adopt rules and regulations regarding the administration of the office operating allowance authorized pursuant to this section. SECTION 9. (1) No court or county board of supervisors may enter into any multiyear contract or service agreement for the purchase of a web-based application that is to be utilized with the Mississippi Youth Court Information System (MYCIDS) without the court or board of supervisors, as the case may be, having completed a competitive bidding process for the web-based application. (2) The Department of Information Technology Services shall maintain on its website a list of all web-based application service providers who are authorized to provide such web-based application services to any court or county board of supervisors. The list shall contain the email address, mailing address and phone number for each such provider. No formal bid process will be necessary, including newspaper or bid bank advertising, if the purchase is an E-Rate purchase that follows the federal procurement and contract award rules for such a purchase. The court or county board of supervisors shall provide a descriptive Request for Proposal describing the services to be purchased and the term of the contract. Courts or county boards of supervisors shall solicit quotes from all providers on the ITS list. Price quotes shall be received in sealed envelopes by the court or county board of supervisors. Quotes shall not be opened until at least twenty-eight (28) calendar days from the date all vendors on the ITS list are provided with the Request for Proposal. All price quotes shall be opened at a specified time in a public setting. If any state contract exists for the services being sought, the court or county board of supervisors must consider the contract pricing as if it were a submitted quote. The Office of Administrative Courts or the Mississippi Association of Supervisors, as the case may be, shall aid the courts or county boards of supervisors in the procurement process by providing training and instructions. (3) The Department of Information Technology Services shall provide the courts or county boards of supervisors, as the case may be, with a contract template for such courts and boards of supervisors to use for the contract and service agreement during the procurement process. The contract shall not exceed five (5) years and shall contain a specific price redetermination process every two (2) years from the date of the contract whereby the service provider may adjust pricing to comply with the E-Rate's requirement that providers provide courts or counties boards of supervisors with the lowest corresponding pricing available. SECTION 10. Section 31-7-13, Mississippi Code of 1972, is amended as follows: 31-7-13. All agencies and governing authorities shall purchase their commodities and printing; contract for garbage collection or disposal; contract for solid waste collection or disposal; contract for sewage collection or disposal; contract for public construction; and contract for rentals as herein provided. (a) Bidding procedure for purchases not over $5,000.00. Purchases which do not involve an expenditure of more than Five Thousand Dollars ($5,000.00), exclusive of freight or shipping charges, may be made without advertising or otherwise requesting competitive bids. However, nothing contained in this paragraph (a) shall be construed to prohibit any agency or governing authority from establishing procedures which require competitive bids on purchases of Five Thousand Dollars ($5,000.00) or less. (b) Bidding procedure for purchases over $5,000.00 but not over $75,000.00. Purchases which involve an expenditure of more than Five Thousand Dollars ($5,000.00) but not more than Seventy-five Thousand Dollars ($75,000.00), exclusive of freight and shipping charges, may be made from the lowest and best bidder without publishing or posting advertisement for bids, provided at least two (2) competitive written bids have been obtained. Any state agency or community or junior college purchasing commodities or procuring construction pursuant to this paragraph (b) may authorize its purchasing agent, or his designee, to accept the lowest competitive written bid under Seventy-five Thousand Dollars ($75,000.00). Any governing authority purchasing commodities pursuant to this paragraph (b) may authorize its purchasing agent, or his designee, with regard to governing authorities other than counties, or its purchase clerk, or his designee, with regard to counties, to accept the lowest and best competitive written bid. Such authorization shall be made in writing by the governing authority and shall be maintained on file in the primary office of the agency and recorded in the official minutes of the governing authority, as appropriate. The purchasing agent or the purchase clerk, or his designee, as the case may be, and not the governing authority, shall be liable for any penalties and/or damages as may be imposed by law for any act or omission of the purchasing agent or purchase clerk, or his designee, constituting a violation of law in accepting any bid without approval by the governing authority. The term "competitive written bid" shall mean a bid submitted on a bid form furnished by the buying agency or governing authority and signed by authorized personnel representing the vendor, or a bid submitted on a vendor's letterhead or identifiable bid form and signed by authorized personnel representing the vendor. "Competitive" shall mean that the bids are developed based upon comparable identification of the needs and are developed independently and without knowledge of other bids or prospective bids. Any bid item for construction in excess of Five Thousand Dollars ($5,000.00) shall be broken down by components to provide detail of component description and pricing. These details shall be submitted with the written bids and become part of the bid evaluation criteria. Bids may be submitted by facsimile, electronic mail or other generally accepted method of information distribution. Bids submitted by electronic transmission shall not require the signature of the vendor's representative unless required by agencies or governing authorities. (c) Bidding procedure for purchases over $75,000.00. (i) Publication requirement. 1. Purchases which involve an expenditure of more than Seventy-five Thousand Dollars ($75,000.00), exclusive of freight and shipping charges, may be made from the lowest and best bidder after advertising for competitive bids once each week for two (2) consecutive weeks in a regular newspaper published in the county or municipality in which such agency or governing authority is located. However, all American Recovery and Reinvestment Act projects in excess of Twenty-five Thousand Dollars ($25,000.00) shall be bid. All references to American Recovery and Reinvestment Act projects in this section shall not apply to programs identified in Division B of the American Recovery and Reinvestment Act. 2. Reverse auctions shall be the primary method for receiving bids during the bidding process. If a purchasing entity determines that a reverse auction is not in the best interest of the state, then that determination must be approved by the Public Procurement Review Board. The purchasing entity shall submit a detailed explanation of why a reverse auction would not be in the best interest of the state and present an alternative process to be approved by the Public Procurement Review Board. If the Public Procurement Review Board authorizes the purchasing entity to solicit bids with a method other than reverse auction, then the purchasing entity may designate the other methods by which the bids will be received, including, but not limited to, bids sealed in an envelope, bids received electronically in a secure system, or bids received by any other method that promotes open competition and has been approved by the Office of Purchasing and Travel. However, reverse auction shall not be used for any public contract for design, construction, improvement, repair or remodeling of any public facilities, including the purchase of materials, supplies, equipment or goods for same and including buildings, roads and bridges. The Public Procurement Review Board must approve any contract entered into by alternative process. The provisions of this item 2 shall not apply to the individual state institutions of higher learning. The provisions of this item 2 requiring reverse auction as the primary method of receiving bids shall not apply to term contract purchases as provided in paragraph (n) of this section; however, a purchasing entity may, in its discretion, utilize reverse auction for such purchases. The provisions of this item 2 shall not apply to individual public schools, including public charter schools and public school districts, only when purchasing copyrighted educational supplemental materials and software as a service product. For such purchases, a local school board may authorize a purchasing entity in its jurisdiction to use a Request for Qualifications which promotes open competition and meets the requirements of the Office of Purchasing and Travel. 3. The date as published for the bid opening shall not be less than seven (7) working days after the last published notice; however, if the purchase involves a construction project in which the estimated cost is in excess of Seventy-five Thousand Dollars ($75,000.00), such bids shall not be opened in less than fifteen (15) working days after the last notice is published and the notice for the purchase of such construction shall be published once each week for two (2) consecutive weeks. The notice of intention to let contracts or purchase equipment shall state the time and place at which bids shall be received, list the contracts to be made or types of equipment or supplies to be purchased, and, if all plans and/or specifications are not published, refer to the plans and/or specifications on file. If there is no newspaper published in the county or municipality, then such notice shall be given by posting same at the courthouse, or for municipalities at the city hall, and at two (2) other public places in the county or municipality, and also by publication once each week for two (2) consecutive weeks in some newspaper having a general circulation in the county or municipality in the above-provided manner. On the same date that the notice is submitted to the newspaper for publication, the agency or governing authority involved shall mail written notice to, or provide electronic notification to the main office of the Mississippi Procurement Technical Assistance Program under the Mississippi Development Authority that contains the same information as that in the published notice. Within one (1) working day of the contract award, the agency or governing authority shall post to the designated web page maintained by the Department of Finance and Administration, notice of the award, including the award recipient, the contract amount, and a brief summary of the contract in accordance with rules promulgated by the department. Within one (1) working day of the contract execution, the agency or governing authority shall post to the designated web page maintained by the Department of Finance and Administration a summary of the executed contract and make a copy of the appropriately redacted contract documents available for linking to the designated web page in accordance with the rules promulgated by the department. The information provided by the agency or governing authority shall be posted to the web page until the project is completed. 4. Agencies and governing authorities using federal funds for the procurement of any good or service, including exempt personal and professional services, must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards - Subpart D - Post Federal Award Requirements Procurement Standards, in accordance with 2 CFR 200.317 through 2 CFR 200.327. (ii) Bidding process amendment procedure. If all plans and/or specifications are published in the notification, then the plans and/or specifications may not be amended. If all plans and/or specifications are not published in the notification, then amendments to the plans/specifications, bid opening date, bid opening time and place may be made, provided that the agency or governing authority maintains a list of all prospective bidders who are known to have received a copy of the bid documents and all such prospective bidders are sent copies of all amendments. This notification of amendments may be made via mail, facsimile, electronic mail or other generally accepted method of information distribution. No addendum to bid specifications may be issued within two (2) working days of the time established for the receipt of bids unless such addendum also amends the bid opening to a date not less than five (5) working days after the date of the addendum. (iii) Filing requirement. In all cases involving governing authorities, before the notice shall be published or posted, the plans or specifications for the construction or equipment being sought shall be filed with the clerk of the board of the governing authority. In addition to these requirements, a bid file shall be established which shall indicate those vendors to whom such solicitations and specifications were issued, and such file shall also contain such information as is pertinent to the bid. (iv) Specification restrictions. 1. Specifications pertinent to such bidding shall be written so as not to exclude comparable equipment of domestic manufacture. However, if valid justification is presented, the Department of Finance and Administration or the board of a governing authority may approve a request for specific equipment necessary to perform a specific job. Further, such justification, when placed on the minutes of the board of a governing authority, may serve as authority for that governing authority to write specifications to require a specific item of equipment needed to perform a specific job. In addition to these requirements, from and after July 1, 1990, vendors of relocatable classrooms and the specifications for the purchase of such relocatable classrooms published by local school boards shall meet all pertinent regulations of the State Board of Education, including prior approval of such bid by the State Department of Education. 2. Specifications for construction projects may include an allowance for commodities, equipment, furniture, construction materials or systems in which prospective bidders are instructed to include in their bids specified amounts for such items so long as the allowance items are acquired by the vendor in a commercially reasonable manner and approved by the agency/governing authority. Such acquisitions shall not be made to circumvent the public purchasing laws. (v) Electronic bids. Agencies and governing authorities shall provide a secure electronic interactive system for the submittal of bids requiring competitive bidding that shall be an additional bidding option for those bidders who choose to submit their bids electronically. The Department of Finance and Administration shall provide, by regulation, the standards that agencies must follow when receiving electronic bids. Agencies and governing authorities shall make the appropriate provisions necessary to accept electronic bids from those bidders who choose to submit their bids electronically for all purchases requiring competitive bidding under this section. Any special condition or requirement for the electronic bid submission shall be specified in the advertisement for bids required by this section. Agencies or governing authorities that are currently without available high speed Internet access shall be exempt from the requirement of this subparagraph (v) until such time that high speed Internet access becomes available. Any county having a population of less than twenty thousand (20,000) shall be exempt from the provisions of this subparagraph (v). Any municipality having a population of less than ten thousand (10,000) shall be exempt from the provisions of this subparagraph (v). The provisions of this subparagraph (v) shall not require any bidder to submit bids electronically. When construction bids are submitted electronically, the requirement for including a certificate of responsibility, or a statement that the bid enclosed does not exceed Fifty Thousand Dollars ($50,000.00), on the exterior of the bid envelope as indicated in Section 31-3-21(1) and (2) shall be deemed in compliance with by including same as an attachment with the electronic bid submittal. (d) Lowest and best bid decision procedure. (i) Decision procedure. Purchases may be made from the lowest and best bidder. In determining the lowest and best bid, freight and shipping charges shall be included. Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions and other relevant provisions may be included in the best bid calculation. All best bid procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration. If any governing authority accepts a bid other than the lowest bid actually submitted, it shall place on its minutes detailed calculations and narrative summary showing that the accepted bid was determined to be the lowest and best bid, including the dollar amount of the accepted bid and the dollar amount of the lowest bid. No agency or governing authority shall accept a bid based on items not included in the specifications. (ii) Decision procedure for Certified Purchasing Offices. In addition to the decision procedure set forth in subparagraph (i) of this paragraph (d), Certified Purchasing Offices may also use the following procedure: Purchases may be made from the bidder offering the best value. In determining the best value bid, freight and shipping charges shall be included. Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions, documented previous experience, training costs and other relevant provisions, including, but not limited to, a bidder having a local office and inventory located within the jurisdiction of the governing authority, may be included in the best value calculation. This provision shall authorize Certified Purchasing Offices to utilize a Request For Proposals (RFP) process when purchasing commodities. All best value procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration. No agency or governing authority shall accept a bid based on items or criteria not included in the specifications. (iii) Decision procedure for Mississippi Landmarks. In addition to the decision procedure set forth in subparagraph (i) of this paragraph (d), where purchase involves renovation, restoration, or both, of the State Capitol Building or any other historical building designated for at least five (5) years as a Mississippi Landmark by the Board of Trustees of the Department of Archives and History under the authority of Sections 39-7-7 and 39-7-11, the agency or governing authority may use the following procedure: Purchases may be made from the lowest and best prequalified bidder. Prequalification of bidders shall be determined not less than fifteen (15) working days before the first published notice of bid opening. Prequalification criteria shall be limited to bidder's knowledge and experience in historical restoration, preservation and renovation. In determining the lowest and best bid, freight and shipping charges shall be included. Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions and other relevant provisions may be included in the best bid calculation. All best bid and prequalification procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration. If any governing authority accepts a bid other than the lowest bid actually submitted, it shall place on its minutes detailed calculations and narrative summary showing that the accepted bid was determined to be the lowest and best bid, including the dollar amount of the accepted bid and the dollar amount of the lowest bid. No agency or governing authority shall accept a bid based on items not included in the specifications. (iv) Construction project negotiations authority. If the lowest and best bid is not more than ten percent (10%) above the amount of funds allocated for a public construction or renovation project, then the agency or governing authority shall be permitted to negotiate with the lowest bidder in order to enter into a contract for an amount not to exceed the funds allocated. (e) Lease-purchase authorization. For the purposes of this section, the term "equipment" shall mean equipment, furniture and, if applicable, associated software and other applicable direct costs associated with the acquisition. Any lease-purchase of equipment which an agency is not required to lease-purchase under the master lease-purchase program pursuant to Section 31-7-10 and any lease-purchase of equipment which a governing authority elects to lease-purchase may be acquired by a lease-purchase agreement under this paragraph (e). Lease-purchase financing may also be obtained from the vendor or from a third-party source after having solicited and obtained at least two (2) written competitive bids, as defined in paragraph (b) of this section, for such financing without advertising for such bids. Solicitation for the bids for financing may occur before or after acceptance of bids for the purchase of such equipment or, where no such bids for purchase are required, at any time before the purchase thereof. No such lease-purchase agreement shall be for an annual rate of interest which is greater than the overall maximum interest rate to maturity on general obligation indebtedness permitted under Section 75-17-101, and the term of such lease-purchase agreement shall not exceed the useful life of equipment covered thereby as determined according to the upper limit of the asset depreciation range (ADR) guidelines for the Class Life Asset Depreciation Range System established by the Internal Revenue Service pursuant to the United States Internal Revenue Code and regulations thereunder as in effect on December 31, 1980, or comparable depreciation guidelines with respect to any equipment not covered by ADR guidelines. Any lease-purchase agreement entered into pursuant to this paragraph (e) may contain any of the terms and conditions which a master lease-purchase agreement may contain under the provisions of Section 31-7-10(5), and shall contain an annual allocation dependency clause substantially similar to that set forth in Section 31-7-10(8). Each agency or governing authority entering into a lease-purchase transaction pursuant to this paragraph (e) shall maintain with respect to each such lease-purchase transaction the same information as required to be maintained by the Department of Finance and Administration pursuant to Section 31-7-10(13). However, nothing contained in this section shall be construed to permit agencies to acquire items of equipment with a total acquisition cost in the aggregate of less than Ten Thousand Dollars ($10,000.00) by a single lease-purchase transaction. All equipment, and the purchase thereof by any lessor, acquired by lease-purchase under this paragraph and all lease-purchase payments with respect thereto shall be exempt from all Mississippi sales, use and ad valorem taxes. Interest paid on any lease-purchase agreement under this section shall be exempt from State of Mississippi income taxation. (f) Alternate bid authorization. When necessary to ensure ready availability of commodities for public works and the timely completion of public projects, no more than two (2) alternate bids may be accepted by a governing authority for commodities. No purchases may be made through use of such alternate bids procedure unless the lowest and best bidder cannot deliver the commodities contained in his bid. In that event, purchases of such commodities may be made from one (1) of the bidders whose bid was accepted as an alternate. (g) Construction contract change authorization. In the event a determination is made by an agency or governing authority after a construction contract is let that changes or modifications to the original contract are necessary or would better serve the purpose of the agency or the governing authority, such agency or governing authority may, in its discretion, order such changes pertaining to the construction that are necessary under the circumstances without the necessity of further public bids; provided that such change shall be made in a commercially reasonable manner and shall not be made to circumvent the public purchasing statutes. In addition to any other authorized person, the architect or engineer hired by an agency or governing authority with respect to any public construction contract shall have the authority, when granted by an agency or governing authority, to authorize changes or modifications to the original contract without the necessity of prior approval of the agency or governing authority when any such change or modification is less than one percent (1%) of the total contract amount. The agency or governing authority may limit the number, manner or frequency of such emergency changes or modifications. (h) Petroleum purchase alternative. In addition to other methods of purchasing authorized in this chapter, when any agency or governing authority shall have a need for gas, diesel fuel, oils and/or other petroleum products in excess of the amount set forth in paragraph (a) of this section, such agency or governing authority may purchase the commodity after having solicited and obtained at least two (2) competitive written bids, as defined in paragraph (b) of this section. If two (2) competitive written bids are not obtained, the entity shall comply with the procedures set forth in paragraph (c) of this section. In the event any agency or governing authority shall have advertised for bids for the purchase of gas, diesel fuel, oils and other petroleum products and coal and no acceptable bids can be obtained, such agency or governing authority is authorized and directed to enter into any negotiations necessary to secure the lowest and best contract available for the purchase of such commodities. (i) Road construction petroleum products price adjustment clause authorization. Any agency or governing authority authorized to enter into contracts for the construction, maintenance, surfacing or repair of highways, roads or streets, may include in its bid proposal and contract documents a price adjustment clause with relation to the cost to the contractor, including taxes, based upon an industry-wide cost index, of petroleum products including asphalt used in the performance or execution of the contract or in the production or manufacture of materials for use in such performance. Such industry-wide index shall be established and published monthly by the Mississippi Department of Transportation with a copy thereof to be mailed, upon request, to the clerks of the governing authority of each municipality and the clerks of each board of supervisors throughout the state. The price adjustment clause shall be based on the cost of such petroleum products only and shall not include any additional profit or overhead as part of the adjustment. The bid proposals or document contract shall contain the basis and methods of adjusting unit prices for the change in the cost of such petroleum products. (j) State agency emergency purchase procedure. If the governing board or the executive head, or his designees, of any agency of the state shall determine that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interests of the state, then the head of such agency, or his designees, shall file with the Department of Finance and Administration (i) a statement explaining the conditions and circumstances of the emergency, which shall include a detailed description of the events leading up to the situation and the negative impact to the entity if the purchase is made following the statutory requirements set forth in paragraph (a), (b) or (c) of this section, and (ii) a certified copy of the appropriate minutes of the board of such agency requesting the emergency purchase, if applicable. Upon receipt of the statement and applicable board certification, the State Fiscal Officer, or his designees, may, in writing, authorize the purchase or repair without having to comply with competitive bidding requirements. If the governing board or the executive head, or his designees, of any agency determines that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would threaten the health or safety of any person, or the preservation or protection of property, then the provisions in this section for competitive bidding shall not apply, and any officer or agent of the agency having general or specific authority for making the purchase or repair contract shall approve the bill presented for payment, and he shall certify in writing from whom the purchase was made, or with whom the repair contract was made. Total purchases made under this paragraph (j) shall only be for the purpose of meeting needs created by the emergency situation. Following the emergency purchase, documentation of the purchase, including a description of the commodity purchased, the purchase price thereof and the nature of the emergency shall be filed with the Department of Finance and Administration. Any contract awarded pursuant to this paragraph (j) shall not exceed a term of one (1) year. Purchases under the grant program established under Section 37-68-7 in response to COVID-19 and the directive that school districts create a distance learning plan and fulfill technology needs expeditiously shall be deemed an emergency purchase for purposes of this paragraph (j). (k) Governing authority emergency purchase procedure. If the governing authority, or the governing authority acting through its designee, shall determine that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interest of the governing authority, then the provisions herein for competitive bidding shall not apply and any officer or agent of such governing authority having general or special authority therefor in making such purchase or repair shall approve the bill presented therefor, and he shall certify in writing thereon from whom such purchase was made, or with whom such a repair contract was made. At the board meeting next following the emergency purchase or repair contract, documentation of the purchase or repair contract, including a description of the commodity purchased, the price thereof and the nature of the emergency shall be presented to the board and shall be placed on the minutes of the board of such governing authority. Purchases under the grant program established under Section 37-68-7 in response to COVID-19 and the directive that school districts create a distance learning plan and fulfill technology needs expeditiously shall be deemed an emergency purchase for purposes of this paragraph (k). (l) Hospital purchase, lease-purchase and lease authorization. (i) The commissioners or board of trustees of any public hospital may contract with such lowest and best bidder for the purchase or lease-purchase of any commodity under a contract of purchase or lease-purchase agreement whose obligatory payment terms do not exceed five (5) years. (ii) In addition to the authority granted in subparagraph (i) of this paragraph (l), the commissioners or board of trustees is authorized to enter into contracts for the lease of equipment or services, or both, which it considers necessary for the proper care of patients if, in its opinion, it is not financially feasible to purchase the necessary equipment or services. Any such contract for the lease of equipment or services executed by the commissioners or board shall not exceed a maximum of five (5) years' duration and shall include a cancellation clause based on unavailability of funds. If such cancellation clause is exercised, there shall be no further liability on the part of the lessee. Any such contract for the lease of equipment or services executed on behalf of the commissioners or board that complies with the provisions of this subparagraph (ii) shall be excepted from the bid requirements set forth in this section. (m) Exceptions from bidding requirements. Excepted from bid requirements are: (i) Purchasing agreements approved by department. Purchasing agreements, contracts and maximum price regulations executed or approved by the Department of Finance and Administration. (ii) Outside equipment repairs. Repairs to equipment, when such repairs are made by repair facilities in the private sector; however, engines, transmissions, rear axles and/or other such components shall not be included in this exemption when replaced as a complete unit instead of being repaired and the need for such total component replacement is known before disassembly of the component; however, invoices identifying the equipment, specific repairs made, parts identified by number and name, supplies used in such repairs, and the number of hours of labor and costs therefor shall be required for the payment for such repairs. (iii) In-house equipment repairs. Purchases of parts for repairs to equipment, when such repairs are made by personnel of the agency or governing authority; however, entire assemblies, such as engines or transmissions, shall not be included in this exemption when the entire assembly is being replaced instead of being repaired. (iv) Raw gravel or dirt. Raw unprocessed deposits of gravel or fill dirt which are to be removed and transported by the purchaser. (v) Governmental equipment auctions. Motor vehicles or other equipment purchased from a federal agency or authority, another governing authority or state agency of the State of Mississippi, or any governing authority or state agency of another state at a public auction held for the purpose of disposing of such vehicles or other equipment. Any purchase by a governing authority under the exemption authorized by this subparagraph (v) shall require advance authorization spread upon the minutes of the governing authority to include the listing of the item or items authorized to be purchased and the maximum bid authorized to be paid for each item or items. (vi) Intergovernmental sales and transfers. Purchases, sales, transfers or trades by governing authorities or state agencies when such purchases, sales, transfers or trades are made by a private treaty agreement or through means of negotiation, from any federal agency or authority, another governing authority or state agency of the State of Mississippi, or any state agency or governing authority of another state. Nothing in this section shall permit such purchases through public auction except as provided for in subparagraph (v) of this paragraph (m). It is the intent of this section to allow governmental entities to dispose of and/or purchase commodities from other governmental entities at a price that is agreed to by both parties. This shall allow for purchases and/or sales at prices which may be determined to be below the market value if the selling entity determines that the sale at below market value is in the best interest of the taxpayers of the state. Governing authorities shall place the terms of the agreement and any justification on the minutes, and state agencies shall obtain approval from the Department of Finance and Administration, prior to releasing or taking possession of the commodities. (vii) Perishable supplies or food. Perishable supplies or food purchased for use in connection with hospitals, the school lunch programs, homemaking programs and for the feeding of county or municipal prisoners. (viii) Single-source items. Noncompetitive items available from one (1) source only. In connection with the purchase of noncompetitive items only available from one (1) source, a certification of the conditions and circumstances requiring the purchase shall be filed by the agency with the Department of Finance and Administration and by the governing authority with the board of the governing authority. Upon receipt of that certification the Department of Finance and Administration or the board of the governing authority, as the case may be, may, in writing, authorize the purchase, which authority shall be noted on the minutes of the body at the next regular meeting thereafter. In those situations, a governing authority is not required to obtain the approval of the Department of Finance and Administration. Following the purchase, the executive head of the state agency, or his designees, shall file with the Department of Finance and Administration, documentation of the purchase, including a description of the commodity purchased, the purchase price thereof and the source from whom it was purchased. (ix) Waste disposal facility construction contracts. Construction of incinerators and other facilities for disposal of solid wastes in which products either generated therein, such as steam, or recovered therefrom, such as materials for recycling, are to be sold or otherwise disposed of; however, in constructing such facilities, a governing authority or agency shall publicly issue requests for proposals, advertised for in the same manner as provided herein for seeking bids for public construction projects, concerning the design, construction, ownership, operation and/or maintenance of such facilities, wherein such requests for proposals when issued shall contain terms and conditions relating to price, financial responsibility, technology, environmental compatibility, legal responsibilities and such other matters as are determined by the governing authority or agency to be appropriate for inclusion; and after responses to the request for proposals have been duly received, the governing authority or agency may select the most qualified proposal or proposals on the basis of price, technology and other relevant factors and from such proposals, but not limited to the terms thereof, negotiate and enter contracts with one or more of the persons or firms submitting proposals. (x) Hospital group purchase contracts. Supplies, commodities and equipment purchased by hospitals through group purchase programs pursuant to Section 31-7-38. (xi) Information technology products. Purchases of information technology products made by governing authorities under the provisions of purchase schedules, or contracts executed or approved by the Mississippi Department of Information Technology Services and designated for use by governing authorities. However, the purchase of a web-based application for Mississippi Youth Court Information Delivery System (MYCIDS) for a multiyear contract or service agreement that is made by a court or county board of supervisors shall be governed by Section 1 of this act and shall not be exempt from competitive bidding. (xii) Energy efficiency services and equipment. Energy efficiency services and equipment acquired by school districts, community and junior colleges, institutions of higher learning and state agencies or other applicable governmental entities on a shared-savings, lease or lease-purchase basis pursuant to Section 31-7-14. (xiii) Municipal electrical utility system fuel. Purchases of coal and/or natural gas by municipally owned electric power generating systems that have the capacity to use both coal and natural gas for the generation of electric power. (xiv) Library books and other reference materials. Purchases by libraries or for libraries of books and periodicals; processed film, videocassette tapes, filmstrips and slides; recorded audiotapes, cassettes and diskettes; and any such items as would be used for teaching, research or other information distribution; however, equipment such as projectors, recorders, audio or video equipment, and monitor televisions are not exempt under this subparagraph. (xv) Unmarked vehicles. Purchases of unmarked vehicles when such purchases are made in accordance with purchasing regulations adopted by the Department of Finance and Administration pursuant to Section 31-7-9(2). (xvi) Election ballots. Purchases of ballots printed pursuant to Section 23-15-351. (xvii) Multichannel interactive video systems. From and after July 1, 1990, contracts by Mississippi Authority for Educational Television with any private educational institution or private nonprofit organization whose purposes are educational in regard to the construction, purchase, lease or lease-purchase of facilities and equipment and the employment of personnel for providing multichannel interactive video systems (ITSF) in the school districts of this state. (xviii) Purchases of prison industry products by the Department of Corrections, regional correctional facilities or privately owned prisons. Purchases made by the Mississippi Department of Corrections, regional correctional facilities or privately owned prisons involving any item that is manufactured, processed, grown or produced from the state's prison industries. (xix) Undercover operations equipment. Purchases of surveillance equipment or any other high-tech equipment to be used by law enforcement agents in undercover operations, provided that any such purchase shall be in compliance with regulations established by the Department of Finance and Administration. (xx) Junior college books for rent. Purchases by community or junior colleges of textbooks which are obtained for the purpose of renting such books to students as part of a book service system. (xxi) Certain school district purchases. Purchases of commodities made by school districts from vendors with which any levying authority of the school district, as defined in Section 37-57-1, has contracted through competitive bidding procedures for purchases of the same commodities. (xxii) Garbage, solid waste and sewage contracts. Contracts for garbage collection or disposal, contracts for solid waste collection or disposal and contracts for sewage collection or disposal. (xxiii) Municipal water tank maintenance contracts. Professional maintenance program contracts for the repair or maintenance of municipal water tanks, which provide professional services needed to maintain municipal water storage tanks for a fixed annual fee for a duration of two (2) or more years. (xxiv) Purchases of Mississippi Industries for the Blind products or services. Purchases made by state agencies or governing authorities involving any item that is manufactured, processed or produced by, or any services provided by, the Mississippi Industries for the Blind. (xxv) Purchases of state-adopted textbooks. Purchases of state-adopted textbooks by public school districts. (xxvi) Certain purchases under the Mississippi Major Economic Impact Act. Contracts entered into pursuant to the provisions of Section 57-75-9(2), (3) and (4). (xxvii) Used heavy or specialized machinery or equipment for installation of soil and water conservation practices purchased at auction. Used heavy or specialized machinery or equipment used for the installation and implementation of soil and water conservation practices or measures purchased subject to the restrictions provided in Sections 69-27-331 through 69-27-341. Any purchase by the State Soil and Water Conservation Commission under the exemption authorized by this subparagraph shall require advance authorization spread upon the minutes of the commission to include the listing of the item or items authorized to be purchased and the maximum bid authorized to be paid for each item or items. (xxviii) Hospital lease of equipment or services. Leases by hospitals of equipment or services if the leases are in compliance with paragraph (l)(ii). (xxix) Purchases made pursuant to qualified cooperative purchasing agreements. Purchases made by certified purchasing offices of state agencies or governing authorities under cooperative purchasing agreements previously approved by the Office of Purchasing and Travel and established by or for any municipality, county, parish or state government or the federal government, provided that the notification to potential contractors includes a clause that sets forth the availability of the cooperative purchasing agreement to other governmental entities. Such purchases shall only be made if the use of the cooperative purchasing agreements is determined to be in the best interest of the governmental entity. (xxx) School yearbooks. Purchases of school yearbooks by state agencies or governing authorities; however, state agencies and governing authorities shall use for these purchases the RFP process as set forth in the Mississippi Procurement Manual adopted by the Office of Purchasing and Travel. (xxxi) Design-build method of contracting and certain other contracts. Contracts entered into under the provisions of Section 31-7-13.1, 37-101-44 or 65-1-85. (xxxii) Toll roads and bridge construction projects. Contracts entered into under the provisions of Section 65-43-1 or 65-43-3. (xxxiii) Certain purchases under Section 57-1-221. Contracts entered into pursuant to the provisions of Section 57-1-221. (xxxiv) Certain transfers made pursuant to the provisions of Section 57-105-1(7). Transfers of public property or facilities under Section 57-105-1(7) and construction related to such public property or facilities. (xxxv) Certain purchases or transfers entered into with local electrical power associations. Contracts or agreements entered into under the provisions of Section 55-3-33. (xxxvi) Certain purchases by an academic medical center or health sciences school. Purchases by an academic medical center or health sciences school, as defined in Section 37-115-50, of commodities that are used for clinical purposes and 1. intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease, and 2. medical devices, biological, drugs and radiation-emitting devices as defined by the United States Food and Drug Administration. (xxxvii) Certain purchases made under the Alyce G. Clarke Mississippi Lottery Law. Contracts made by the Mississippi Lottery Corporation pursuant to the Alyce G. Clarke Mississippi Lottery Law. (xxxviii) Certain purchases made by the Department of Health and the Department of Revenue. Purchases made by the Department of Health and the Department of Revenue solely for the purpose of fulfilling their respective responsibilities under the Mississippi Medical Cannabis Act. This subparagraph shall stand repealed on June 30, 2026. (xxxix) Purchases made by state agencies related to museum exhibits. Purchases made by an agency related to the fabrication, construction, installation or refurbishing of museum exhibits. An agency making a purchase under this exemption in excess of the bid threshold set forth in paragraph (c) of this section shall publicly advertise a Request for Qualifications or Request for Proposals in which price as an evaluation factor is at least twenty percent (20%) out of the one hundred percent (100%) total weight, but shall be otherwise exempt. Any contract arising from a purchase using this exemption must be approved by the Public Procurement Review Board prior to execution by the agency. The agency shall submit a written report on December 1 of each year to the Chairs of the Senate and House Appropriations Committees, the Chairs of the Senate and House Accountability, Efficiency and Transparency Committees and the Chair of the Public Procurement Review Board, identifying all purchases made by the agency using this exemption in which the cost of the option selected by the agency was more than twenty-five percent (25%) higher than the lowest cost option available. (n) Term contract authorization. All contracts for the purchase of: (i) All contracts for the purchase of commodities, equipment and public construction (including, but not limited to, repair and maintenance), may be let for periods of not more than sixty (60) months in advance, subject to applicable statutory provisions prohibiting the letting of contracts during specified periods near the end of terms of office. Term contracts for a period exceeding twenty-four (24) months shall also be subject to ratification or cancellation by governing authority boards taking office subsequent to the governing authority board entering the contract. (ii) Bid proposals and contracts may include price adjustment clauses with relation to the cost to the contractor based upon a nationally published industry-wide or nationally published and recognized cost index. The cost index used in a price adjustment clause shall be determined by the Department of Finance and Administration for the state agencies and by the governing board for governing authorities. The bid proposal and contract documents utilizing a price adjustment clause shall contain the basis and method of adjusting unit prices for the change in the cost of such commodities, equipment and public construction. (o) Purchase law violation prohibition and vendor penalty. No contract or purchase as herein authorized shall be made for the purpose of circumventing the provisions of this section requiring competitive bids, nor shall it be lawful for any person or concern to submit individual invoices for amounts within those authorized for a contract or purchase where the actual value of the contract or commodity purchased exceeds the authorized amount and the invoices therefor are split so as to appear to be authorized as purchases for which competitive bids are not required. Submission of such invoices shall constitute a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for thirty (30) days in the county jail, or both such fine and imprisonment. In addition, the claim or claims submitted shall be forfeited. (p) Electrical utility petroleum-based equipment purchase procedure. When in response to a proper advertisement therefor, no bid firm as to price is submitted to an electric utility for power transformers, distribution transformers, power breakers, reclosers or other articles containing a petroleum product, the electric utility may accept the lowest and best bid therefor although the price is not firm. (q) Fuel management system bidding procedure. Any governing authority or agency of the state shall, before contracting for the services and products of a fuel management or fuel access system, enter into negotiations with not fewer than two (2) sellers of fuel management or fuel access systems for competitive written bids to provide the services and products for the systems. In the event that the governing authority or agency cannot locate two (2) sellers of such systems or cannot obtain bids from two (2) sellers of such systems, it shall show proof that it made a diligent, good-faith effort to locate and negotiate with two (2) sellers of such systems. Such proof shall include, but not be limited to, publications of a request for proposals and letters soliciting negotiations and bids. For purposes of this paragraph (q), a fuel management or fuel access system is an automated system of acquiring fuel for vehicles as well as management reports detailing fuel use by vehicles and drivers, and the term "competitive written bid" shall have the meaning as defined in paragraph (b) of this section. Governing authorities and agencies shall be exempt from this process when contracting for the services and products of fuel management or fuel access systems under the terms of a state contract established by the Office of Purchasing and Travel. (r) Solid waste contract proposal procedure. Before entering into any contract for garbage collection or disposal, contract for solid waste collection or disposal or contract for sewage collection or disposal, which involves an expenditure of more than Seventy-five Thousand Dollars ($75,000.00), a governing authority or agency shall issue publicly a request for proposals concerning the specifications for such services which shall be advertised for in the same manner as provided in this section for seeking bids for purchases which involve an expenditure of more than the amount provided in paragraph (c) of this section. Any request for proposals when issued shall contain terms and conditions relating to price, financial responsibility, technology, legal responsibilities and other relevant factors as are determined by the governing authority or agency to be appropriate for inclusion; all factors determined relevant by the governing authority or agency or required by this paragraph (r) shall be duly included in the advertisement to elicit proposals. After responses to the request for proposals have been duly received, the governing authority or agency shall select the most qualified proposal or proposals on the basis of price, technology and other relevant factors and from such proposals, but not limited to the terms thereof, negotiate and enter into contracts with one or more of the persons or firms submitting proposals. If the governing authority or agency deems none of the proposals to be qualified or otherwise acceptable, the request for proposals process may be reinitiated. Notwithstanding any other provisions of this paragraph, where a county with at least thirty-five thousand (35,000) nor more than forty thousand (40,000) population, according to the 1990 federal decennial census, owns or operates a solid waste landfill, the governing authorities of any other county or municipality may contract with the governing authorities of the county owning or operating the landfill, pursuant to a resolution duly adopted and spread upon the minutes of each governing authority involved, for garbage or solid waste collection or disposal services through contract negotiations. (s) Minority set-aside authorization. Notwithstanding any provision of this section to the contrary, any agency or governing authority, by order placed on its minutes, may, in its discretion, set aside not more than twenty percent (20%) of its anticipated annual expenditures for the purchase of commodities from minority businesses; however, all such set-aside purchases shall comply with all purchasing regulations promulgated by the Department of Finance and Administration and shall be subject to bid requirements under this section. Set-aside purchases for which competitive bids are required shall be made from the lowest and best minority business bidder. For the purposes of this paragraph, the term "minority business" means a business which is owned by a majority of persons who are United States citizens or permanent resident aliens (as defined by the Immigration and Naturalization Service) of the United States, and who are Asian, Black, Hispanic or Native American, according to the following definitions: (i) "Asian" means persons having origins in any of the original people of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. (ii) "Black" means persons having origins in any black racial group of Africa. (iii) "Hispanic" means persons of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race. (iv) "Native American" means persons having origins in any of the original people of North America, including American Indians, Eskimos and Aleuts. (t) Construction punch list restriction. The architect, engineer or other representative designated by the agency or governing authority that is contracting for public construction or renovation may prepare and submit to the contractor only one (1) preliminary punch list of items that do not meet the contract requirements at the time of substantial completion and one (1) final list immediately before final completion and final payment. (u) Procurement of construction services by state institutions of higher learning. Contracts for privately financed construction of auxiliary facilities on the campus of a state institution of higher learning may be awarded by the Board of Trustees of State Institutions of Higher Learning to the lowest and best bidder, where sealed bids are solicited, or to the offeror whose proposal is determined to represent the best value to the citizens of the State of Mississippi, where requests for proposals are solicited. (v) Insurability of bidders for public construction or other public contracts. In any solicitation for bids to perform public construction or other public contracts to which this section applies, including, but not limited to, contracts for repair and maintenance, for which the contract will require insurance coverage in an amount of not less than One Million Dollars ($1,000,000.00), bidders shall be permitted to either submit proof of current insurance coverage in the specified amount or demonstrate ability to obtain the required coverage amount of insurance if the contract is awarded to the bidder. Proof of insurance coverage shall be submitted within five (5) business days from bid acceptance. (w) Purchase authorization clarification. Nothing in this section shall be construed as authorizing any purchase not authorized by law. (x) Mississippi Regional Pre-Need Disaster Clean Up Act. (i) The Department of Finance and Administration shall develop and implement a process that creates a preferred vendor list for both disaster debris removal and monitoring. (ii) Any board of supervisors of any county or any governing authority of any municipality may opt in to the benefits and services provided under the appropriate and relevant contract established in subparagraph (i) of this paragraph at the time of a disaster event in that county or municipality. At the time of opt in, the county or municipality shall assume responsibility for payment in full to the contractor for the disaster-related solid waste collection, disposal or monitoring services provided. Nothing in this subparagraph (ii) shall be construed as requiring a county or municipality to opt in to any such contract established in subparagraph (i) of this paragraph. SECTION 11. Section 9-21-71, Mississippi Code of 1972, is amended as follows: 9-21-71. The following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise: (a) "Limited English Proficient (LEP) individual" means any party * * * or, witness or participant who cannot readily understand or communicate in spoken English or who does not speak English as his or her primary language and who consequently has a limited ability to read, speak, write or understand English and cannot equally participate in or benefit from the proceedings unless an interpreter is available to assist the individual. The fact that an individual is a person for whom English is a second language * * *knows some English does not prohibit that individual from being allowed to have an interpreter. (b) "Court interpreter" means any person authorized by a court who is competent to translate or interpret oral or written communication in a foreign language during court proceedings. A court interpreter may be one (1) of the following: (i) "Certified court interpreter," which means an interpreter who successfully has met all requirements promulgated by the Administrative Office of Courts to be designated a registered court interpreter and has scored at least seventy percent (70%) on each of the three (3) sections of an approved criterion-referenced oral performance examination. (ii) "Registered court interpreter," which means an interpreter who has: 1. Attended an approved two-day, fourteen-hour ethics and skill building workshop; 2. Passed an approved criterion-referenced written examination with a minimum overall score of eighty percent (80%); 3. Submitted to a criminal background check; 4. Provided verification of legal right to work in the United States; 5. Executed the Interpreter Oath; and 6. Satisfied any additional requirements that the Administrative Office of Courts may establish * * *in order to be listed as a registered court interpreter on the Roster. (iii) "Noncredentialed interpreter," which means an interpreter who has not met the requirements promulgated by the Administrative Office of Courts to be classified as a registered or certified court interpreter and therefore, is not listed on the Roster. (c) "Court proceedings" means a proceeding before any court of this state or a grand jury hearing, including all civil and criminal hearings and trials. (d) "Interpretation" means the accurate and complete unrehearsed transmission of an oral message from one (1) language to an oral message in another language. Interpretation may be one (1) of the following: (i) "Consecutive interpretation," which means providing the target-language message after the speaker has finished speaking. (ii) "Sight translation," which means oral translation of a written document. (iii) "Simultaneous interpretation," which means providing the target-language message at approximately the same time the source-language message is being produced. (e) "Source language" means the input language requiring interpretation. (f) "Target language" means the output language into which the utterance is being interpreted. (g) "Translation" means the process of translating text from one (1) language to another to maintain the original message and communication. SECTION 12. Section 9-21-73, Mississippi Code of 1972, is amended as follows: 9-21-73. (1) The Administrative Office of Courts shall establish a program for language access and to facilitate the use of interpreters in all courts of the State of Mississippi. (2) (a) The Administrative Office of Courts shall prescribe the qualifications of and qualify persons who may serve as credentialed court interpreters in all courts of the State of Mississippi. The Administrative Office of Courts may set and charge a reasonable fee for credentialing. (b) The Administrative Office of Courts shall maintain a current master list of all credentialed court interpreters (the "Roster"). (3) In all bilingual proceedings, the presiding judicial officer, with the assistance of the Administrative Office of Courts, shall utilize the services of an interpreter to communicate all spoken or written words * * * when the necessity therefor has been determined pursuant to Section 9‑21‑79. (4) A Limited English Proficient (LEP) individual is entitled to use an interpreter in any instance arising out of or pertaining to the individual's involvement in litigation. (5) All courts shall maintain on file in the office of the clerk of the court a list of all persons who have been credentialed as court interpreters in accordance with the Administrative Office of Court's Credentialing Program established pursuant to this section. SECTION 13. Section 9-21-77, Mississippi Code of 1972, is amended as follows: 9-21-77. (1) Prior to providing any service to a Limited English Proficient (LEP) individual, the interpreter shall subscribe to an oath that he or she shall interpret all communications in an accurate manner to the best of his or her skill and knowledge. (2) The oath shall conform substantially to the following form: INTERPRETER'S OATH "Do you solemnly swear or affirm that you will faithfully interpret from (state the language) into English and from English into (state the language) * * *the proceedings before this court in an accurate manner to the accurately, completely and impartially, using your best * * *of your skill and * * *knowledge judgment in accordance with prescribed law, the Mississippi Rules on Standards for Court Interpreters, and the Mississippi Code of Ethics for Court Interpreters, and that you will discharge all the solemn duties and obligations of legal interpretation and translation?" (3) Interpreters shall not voluntarily disclose any admission or communication that is declared to be confidential or privileged under state law. Out-of-court disclosures made by a Limited English Proficient (LEP) individual communicating through an interpreter shall be treated by the interpreter as confidential or privileged or both unless the court orders the interpreter to disclose such communications or the Limited English Proficient (LEP) individual waives such confidentiality or privilege. (4) Interpreters shall not publicly discuss, report or offer an opinion concerning a matter in which they are engaged, even when that information is not privileged or required by law to be confidential. (5) The presence of an interpreter shall not affect the privileged nature of any discussion. SECTION 14. Section 9-21-79, Mississippi Code of 1972, is amended as follows: 9-21-79. (1) An interpreter is needed and a court interpreter shall be appointed when the judge determines * * *, after an examination of a party or witness, that: (a) * * *the a party, witness or participant cannot understand and speak English well enough to participate fully in the proceedings and to assist counsel; or (b) the witness cannot speak English so as to be understood directly by counsel, court and jury. (2) The court should examine a party or witness on the record to determine whether an interpreter is needed if: (a) A party or counsel requests such an examination; or (b) It appears to the court that the party or witness may not understand and speak English well enough to participate fully in the proceedings * * *; or. * * * (c) The party or witness requests an interpreter. The fact that a person for whom English is a second language knows some English does not prohibit that individual from being allowed to have an interpreter. (3) After the examination, the court should state its conclusion on the record, and the file in the case shall be clearly marked and data entered electronically when appropriate by court personnel to ensure that an interpreter will be present when needed in any subsequent hearing or instance arising out of the litigation. (4) * * *Upon a request by the Limited English Proficient (LEP) individual, by counsel, or by any other officer of the court, The court shall determine whether the interpreter provided is able to communicate accurately with and translate information to and from the Limited English Proficient (LEP) individual. If it is determined that the interpreter cannot perform these functions, the court shall provide the Limited English Proficient (LEP) individual with another interpreter. (5) Recognition of the need for a court interpreter may arise from a request by a party or counsel, the court's own voir dire of a party or witness, or disclosures made to the court by a party, counsel, court employee, or other person familiar with the ability or inability of the person to understand and communicate in English. (6) A Limited English Proficient (LEP) individual, at any point in a proceeding, may waive the services of a court interpreter. The waiver of the interpreter's services must be in writing in the person's native language. In addition, the waiver must be knowing and voluntary and with the approval of the court. Any deliberations made on matters of waiver or the retraction of a waiver must be made on the record. Granting a waiver under this subsection is a matter of judicial discretion. The waiver may be approved only after: (a) The court explains in open court to the LEP individual, through an interpreter, the nature and effect of the waiver; (b) The court determines in open court that the waiver has been made knowingly, intelligently and voluntarily; and (c) In a criminal matter, the court determines that the defendant has been afforded the opportunity to consult with the defendant's attorney regarding the waiver. (7) At any point in the proceeding, the LEP individual may retract the waiver and request an interpreter. SECTION 15. Section 9-21-80, Mississippi Code of 1972, is amended as follows: 9-21-80. (1) The court shall appoint an interpreter in the following order of preference: (a) Certified court interpreter. (b) Registered court interpreter. (c) Noncredentialed interpreter. (2) A noncredentialed interpreter may be appointed if: (a) Neither a certified nor registered court interpreter reasonably is available; and (b) The court has evaluated the totality of the circumstances, including the gravity of the judicial proceeding and the potential penalty or consequence involved. (3) If the court appoints * * *a noncredentialed an interpreter who is not certified, the court must make the following findings on the record: (a) The proposed interpreter appears to have: (i) adequate language skills, knowledge of interpreting techniques, and familiarity with interpreting in a court setting; and (ii) read and understand, and agrees to abide by, the Mississippi Code of Ethics for Court Interpreters and the Mississippi Rules on Standards for Court Interpreters. (4) A summary of the efforts made to obtain a certified * * *or registered court interpreter, as well as a summary of the efforts to determine the capabilities of the proposed * * *noncredentialed interpreter, must be made in open court and placed on the record. (5) Each interpreter providing court interpreting services is subject to the ethical requirements set forth in the Mississippi Court Interpreter Credentialing Program without regard to whether or not the interpreter is listed on the Roster. SECTION 16. Section 9-21-81, Mississippi Code of 1972, is amended as follows: 9-21-81. (1) Any volunteer interpreter providing services under Sections 9-21-71 through 9-21-81 shall be paid reasonable expenses by the court. (2) The expenses of providing an interpreter in any court proceeding or instance arising out of litigation must be payable out of the county or municipal treasury or any other source of funds available for this purpose at no cost to the litigant or the Limited English Proficient (LEP) party, witness or participant. SECTION 17. The following shall be codified as Section 9-21-82, Mississippi Code of 1972: 9-21-82. Each court in the State of Mississippi shall prepare and submit a report annually to the Administrative Office of Courts with information and plans concerning implementation of language access. The report must include, but is not limited to, the following: (a) The number of bilingual staff who are available to facilitate language access and the languages they facilitate; (b) A plan to address any insufficiency in its ability to provide language access; (c) A list of vital documents that the court has had translated and the language of the translation; (d) The number of times a court interpreter was utilized, what language was needed, and the total cost of utilizing court interpreters; and (e) A staff training plan related to language access, which plan must contain specific information regarding implementation, including the specific types of language services available and how the court will do all of the following: (i) Obtain language services internally or from vendors; (ii) Respond to callers with limited English proficiency; (iii) Respond to written communications from individuals with limited English proficiency; (iv) Respond to individuals with limited English proficiency who have in-person contact with staff; (v) Collect language data for all public encounters; and (vi) Indicate limited English proficiency status in data and information systems. SECTION 18. Section 99-17-7, Mississippi Code of 1972, is amended as follows: 99-17-7. In all criminal cases wherein * * *the a defendant, witness or participant is a Limited English Proficient (LEP) individual, the court shall appoint a qualified interpreter as provided in Section 9-21-80, sworn truly to interpret, and allow him a reasonable compensation, as set by the court, payable out of the county or municipal treasury or any other source of funds available for this purpose at no cost to the * * *defendant Limited English Proficient (LEP) party, witness or participant. SECTION 19. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Judiciary A |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representative Hood |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 1543 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO BRING FORWARD SECTIONS 43-21-261, 43-21-351, 43-21-801, 45-33-61 AND 93-31-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE YOUTH COURT SUPPORT PROGRAM AND REPEAL ON JULY 1, 2026, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTIONS 9-21-9, 9-17-1 AND 9-1-36, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE DUTIES OF THE ADMINISTRATIVE OFFICE OF COURTS, FOR PURPOSES OF AMENDMENT; TO PROHIBIT ANY COURT OR COUNTY BOARD OF SUPERVISORS FROM ENTERING INTO ANY MULTIYEAR CONTRACT OR SERVICE AGREEMENT FOR THE PURCHASE OF ANY WEB-BASED APPLICATION TO BE UTILIZED WITH THE MISSISSIPPI YOUTH COURT INFORMATION DELIVERY SYSTEM (MYCIDS) WITHOUT COMPLETING A COMPETITIVE BIDDING PROCESS FOR THOSE SERVICES; TO AMEND SECTION 31-7-13, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO MAKE TECHNICAL REVISIONS TO THE COURT INTERPRETERS PROGRAM ADMINISTERED BY THE ADMINISTRATIVE OFFICE OF COURTS; TO AMEND SECTION 9-21-71, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 9-21-73, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE COURT INTERPRETER PROGRAM IS TO PROVIDE LANGUAGE ACCESS IN ALL MISSISSIPPI COURTS; TO AMEND SECTION 9-21-77, MISSISSIPPI CODE OF 1972, TO REVISE THE INTERPRETER'S OATH; TO AMEND SECTION 9-21-79, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS RELATING TO THE DETERMINATION OF WHETHER A COURT INTERPRETER IS NEEDED AND TO AUTHORIZE A LIMITED ENGLISH PROFICIENT INDIVIDUAL TO WAIVE THE SERVICES OF AN INTERPRETER; TO AMEND SECTION 9-21-80, MISSISSIPPI CODE OF 1972, TO DECLARE THAT ALL COURT INTERPRETERS ARE SUBJECT TO THE ETHICAL REQUIREMENTS OF THE MISSISSIPPI COURT INTERPRETER CREDENTIALING PROGRAM REGARDLESS OF WHETHER OR NOT THEY ARE LISTED ON THE ROSTER OF CREDENTIALED INTERPRETERS MAINTAINED BY THE ADMINISTRATIVE OFFICE OF COURTS; TO AMEND SECTION 9-21-81, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE EXPENSES OF AN INTERPRETER TO BE PAID WITH ANY FUNDS AVAILABLE FOR SUCH PURPOSE FOR ANY LIMITED ENGLISH PROFICIENT PARTY, WITNESS OR PARTICIPANT; TO CREATE NEW SECTION 9-21-82, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH COURT TO SUBMIT AN ANNUAL REPORT CONTAINING SPECIFIED INFORMATION TO THE ADMINISTRATIVE OFFICE OF COURTS; TO AMEND SECTION 99-17-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE EXPENSES OF AN INTERPRETER IN A CRIMINAL PROCEEDING TO BE PAID WITH ANY FUNDS AVAILABLE FOR SUCH PURPOSE FOR ANY LIMITED ENGLISH PROFICIENT PARTY, WITNESS OR PARTICIPANT; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. Section 43-21-261, Mississippi Code of 1972, is brought forward as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | 43-21-261. (1) Except as otherwise provided in this section, records involving children shall not be disclosed, other than to necessary staff or officials of the youth court, a guardian ad litem appointed to a child by the court, or a Court-Appointed Special Advocate (CASA) volunteer who may be assigned in a dependency, abuse or neglect case, except pursuant to an order of the youth court specifying the person or persons to whom the records may be disclosed, the extent of the records which may be disclosed and the purpose of the disclosure. Such court orders for disclosure shall be limited to those instances in which the youth court concludes, in its discretion, that disclosure is required for the best interests of the child, the public safety, the functioning of the youth court, or to identify a person who knowingly made a false allegation of child abuse or neglect, and then only to the following persons: |
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| 20 | 20 | | |
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| 21 | 21 | | (a) The judge of another youth court or member of another youth court staff; |
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| 22 | 22 | | |
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| 23 | 23 | | (b) The court of the parties in a child custody or adoption cause in another court; |
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| 24 | 24 | | |
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| 25 | 25 | | (c) A judge of any other court or members of another court staff, including the chancery court that ordered a forensic interview; |
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| 26 | 26 | | |
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| 27 | 27 | | (d) Representatives of a public or private agency providing supervision or having custody of the child under order of the youth court; |
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| 28 | 28 | | |
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| 29 | 29 | | (e) Any person engaged in a bona fide research purpose, provided that no information identifying the subject of the records shall be made available to the researcher unless it is absolutely essential to the research purpose and the judge gives prior written approval, and the child, through his or her representative, gives permission to release the information; |
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| 30 | 30 | | |
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| 31 | 31 | | (f) The Mississippi Department of Employment Security, or its duly authorized representatives, for the purpose of a child's enrollment into the Job Corps Training Program as authorized by Title IV of the Comprehensive Employment Training Act of 1973 (29 USCS Section 923 et seq.). However, no records, reports, investigations or information derived therefrom pertaining to child abuse or neglect shall be disclosed; |
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| 32 | 32 | | |
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| 33 | 33 | | (g) Any person pursuant to a finding by a judge of the youth court of compelling circumstances affecting the health, safety or well-being of a child and that such disclosure is in the best interests of the child or an adult who was formerly the subject of a youth court delinquency proceeding; |
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| 34 | 34 | | |
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| 35 | 35 | | (h) A person who was the subject of a knowingly made false allegation of child abuse or neglect which has resulted in a conviction of a perpetrator in accordance with Section 97-35-47 or which allegation was referred by the Department of Child Protection Services to a prosecutor or law enforcement official in accordance with the provisions of Section 43-21-353(4). |
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| 36 | 36 | | |
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| 37 | 37 | | Law enforcement agencies may disclose information to the public concerning the taking of a child into custody for the commission of a delinquent act without the necessity of an order from the youth court. The information released shall not identify the child or his address unless the information involves a child convicted as an adult. |
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| 38 | 38 | | |
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| 39 | 39 | | (2) Any records involving children which are disclosed under an order of the youth court or pursuant to the terms of this section and the contents thereof shall be kept confidential by the person or agency to whom the record is disclosed unless otherwise provided in the order. Any further disclosure of any records involving children shall be made only under an order of the youth court as provided in this section. |
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| 40 | 40 | | |
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| 41 | 41 | | (3) Upon request, the parent, guardian or custodian of the child who is the subject of a youth court cause or any attorney for such parent, guardian or custodian, shall have the right to inspect any record, report or investigation relevant to a matter to be heard by a youth court, except that the identity of the reporter shall not be released, nor the name of any other person where the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of such person. The attorney for the parent, guardian or custodian of the child, upon request, shall be provided a copy of any record, report or investigation relevant to a matter to be heard by a youth court, but the identity of the reporter must be redacted and the name of any other person must also be redacted if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life, safety or well-being of the person. A record provided to the attorney under this section must remain in the attorney's control and the attorney may not provide copies or access to another person or entity without prior consent of a court with appropriate jurisdiction. |
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| 42 | 42 | | |
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| 43 | 43 | | (4) Upon request, the child who is the subject of a youth court cause shall have the right to have his counsel inspect and copy any record, report or investigation which is filed with the youth court or which is to be considered by the youth court at a hearing. |
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| 44 | 44 | | |
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| 45 | 45 | | (5) (a) The youth court prosecutor or prosecutors, the county attorney, the district attorney, the youth court defender or defenders, or any attorney representing a child shall have the right to inspect and copy any law enforcement record involving children. |
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| 46 | 46 | | |
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| 47 | 47 | | (b) The Department of Child Protection Services shall disclose to a county prosecuting attorney or district attorney any and all records resulting from an investigation into suspected child abuse or neglect when the case has been referred by the Department of Child Protection Services to the county prosecuting attorney or district attorney for criminal prosecution. |
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| 48 | 48 | | |
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| 49 | 49 | | (c) Agency records made confidential under the provisions of this section may be disclosed to a court of competent jurisdiction. |
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| 50 | 50 | | |
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| 51 | 51 | | (d) Records involving children shall be disclosed to the Division of Victim Compensation of the Office of the Attorney General upon the division's request without order of the youth court for purposes of determination of eligibility for victim compensation benefits. |
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| 52 | 52 | | |
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| 53 | 53 | | (6) Information concerning an investigation into a report of child abuse or child neglect may be disclosed by the Department of Child Protection Services without order of the youth court to any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, or a public or private school employee making that report pursuant to Section 43-21-353(1) if the reporter has a continuing professional relationship with the child and a need for such information in order to protect or treat the child. |
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| 54 | 54 | | |
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| 55 | 55 | | (7) Information concerning an investigation into a report of child abuse or child neglect may be disclosed without further order of the youth court to any interagency child abuse task force established in any county or municipality by order of the youth court of that county or municipality. |
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| 56 | 56 | | |
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| 57 | 57 | | (8) Names and addresses of juveniles twice adjudicated as delinquent for an act which would be a felony if committed by an adult or for the unlawful possession of a firearm shall not be held confidential and shall be made available to the public. |
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| 58 | 58 | | |
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| 59 | 59 | | (9) Names and addresses of juveniles adjudicated as delinquent for murder, manslaughter, burglary, arson, armed robbery, aggravated assault, any sex offense as defined in Section 45-33-23, for any violation of Section 41-29-139(a)(1) or for any violation of Section 63-11-30, shall not be held confidential and shall be made available to the public. |
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| 60 | 60 | | |
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| 61 | 61 | | (10) The judges of the circuit and county courts, and presentence investigators for the circuit courts, as provided in Section 47-7-9, shall have the right to inspect any youth court records of a person convicted of a crime for sentencing purposes only. |
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| 62 | 62 | | |
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| 63 | 63 | | (11) The victim of an offense committed by a child who is the subject of a youth court cause shall have the right to be informed of the child's disposition by the youth court. |
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| 64 | 64 | | |
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| 65 | 65 | | (12) A classification hearing officer of the State Department of Corrections, as provided in Section 47-5-103, shall have the right to inspect any youth court records, excluding abuse and neglect records, of any offender in the custody of the department who as a child or minor was a juvenile offender or was the subject of a youth court cause of action, and the State Parole Board, as provided in Section 47-7-17, shall have the right to inspect such records when the offender becomes eligible for parole. |
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| 66 | 66 | | |
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| 67 | 67 | | (13) The youth court shall notify the Department of Public Safety of the name, and any other identifying information such department may require, of any child who is adjudicated delinquent as a result of a violation of the Uniform Controlled Substances Law. |
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| 68 | 68 | | |
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| 69 | 69 | | (14) The Administrative Office of Courts shall have the right to inspect any youth court records in order that the number of youthful offenders, abused, neglected, truant and dependent children, as well as children in need of special care and children in need of supervision, may be tracked with specificity through the youth court and adult justice system, and to utilize tracking forms for such purpose. |
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| 70 | 70 | | |
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| 71 | 71 | | (15) Upon a request by a youth court, the Administrative Office of Courts shall disclose all information at its disposal concerning any previous youth court intakes alleging that a child was a delinquent child, child in need of supervision, child in need of special care, truant child, abused child or neglected child, as well as any previous youth court adjudications for the same and all dispositional information concerning a child who at the time of such request comes under the jurisdiction of the youth court making such request. |
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| 72 | 72 | | |
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| 73 | 73 | | (16) The Administrative Office of Courts may, in its discretion, disclose to the Department of Public Safety any or all of the information involving children contained in the office's youth court data management system known as Mississippi Youth Court Information Delivery System or "MYCIDS." |
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| 74 | 74 | | |
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| 75 | 75 | | (17) The youth courts of the state shall disclose to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) any youth court records in order that the number of youthful offenders, abused, neglected, truant and dependent children, as well as children in need of special care and children in need of supervision, may be tracked with specificity through the youth court and adult justice system, and to utilize tracking forms for such purpose. The disclosure prescribed in this subsection shall not require a court order and shall be made in sortable, electronic format where possible. The PEER Committee may seek the assistance of the Administrative Office of Courts in seeking this information. The PEER Committee shall not disclose the identities of any youth who have been adjudicated in the youth courts of the state and shall only use the disclosed information for the purpose of monitoring the effectiveness and efficiency of programs established to assist adjudicated youth, and to ascertain the incidence of adjudicated youth who become adult offenders. |
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| 76 | 76 | | |
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| 77 | 77 | | (18) In every case where an abuse or neglect allegation has been made, the confidentiality provisions of this section shall not apply to prohibit access to a child's records by any state regulatory agency, any state or local prosecutorial agency or law enforcement agency; however, no identifying information concerning the child in question may be released to the public by such agency except as otherwise provided herein. |
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| 78 | 78 | | |
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| 79 | 79 | | (19) In every case of child abuse or neglect, if a child's physical condition is medically labeled as medically "serious" or "critical" or a child dies, the confidentiality provisions of this section shall not apply. In such cases, the following information may be released by the Mississippi Department of Child Protection Services: the cause of the circumstances regarding the fatality or medically serious or critical physical condition; the age and gender of the child; information describing any previous reports of child abuse or neglect investigations that are pertinent to the child abuse or neglect that led to the fatality or medically serious or critical physical condition; the result of any such investigations; and the services provided by and actions of the state on behalf of the child that are pertinent to the child abuse or neglect that led to the fatality or medically serious or critical physical condition. |
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| 80 | 80 | | |
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| 81 | 81 | | (20) Any member of a foster care review board designated by the Department of Child Protection Services shall have the right to inspect youth court records relating to the abuse, neglect or child in need of supervision cases assigned to such member for review. |
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| 82 | 82 | | |
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| 83 | 83 | | (21) Information concerning an investigation into a report of child abuse or child neglect may be disclosed without further order of the youth court in any administrative or due process hearing held, pursuant to Section 43-21-257, by the Department of Child Protection Services for individuals whose names will be placed on the central registry as substantiated perpetrators. |
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| 84 | 84 | | |
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| 85 | 85 | | (22) The Department of Child Protection Services may disclose records involving children to the following: |
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| 86 | 86 | | |
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| 87 | 87 | | (a) A foster home, residential child-caring agency or child-placing agency to the extent necessary to provide such care and services to a child; |
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| 88 | 88 | | |
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| 89 | 89 | | (b) An individual, agency or organization that provides services to a child or the child's family in furtherance of the child's permanency plan to the extent necessary in providing those services; |
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| 90 | 90 | | |
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| 91 | 91 | | (c) Health and mental health care providers of a child to the extent necessary for the provider to properly treat and care for the child; |
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| 92 | 92 | | |
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| 93 | 93 | | (d) An educational institution or educational services provider where the child is enrolled or where enrollment is anticipated to the extent necessary for the school to provide appropriate services to the child; |
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| 94 | 94 | | |
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| 95 | 95 | | (e) Any state agency or board that administers student financial assistance programs. However, any records request under this paragraph shall be initiated by the agency or board for the purpose determining the child's eligibility for student financial assistance, and any disclosure shall be limited to the verification of the child's age during the period of time in which the child was in the department's legal custody; and |
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| 96 | 96 | | |
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| 97 | 97 | | (f) Any other state agency if the disclosure is necessary to the department in fulfilling its statutory responsibilities in protecting the best interests of the child. |
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| 98 | 98 | | |
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| 99 | 99 | | (23) Nothing in this section or chapter shall require youth court approval for disclosure of records involving children as defined in Section 43-21-105(u), if the disclosure is made in a criminal matter by a municipal or county prosecutor, a district attorney or statewide prosecutor, pursuant to the Mississippi Rules of Criminal Procedure and the records are disclosed under a protective order issued by the Circuit Court presiding over the criminal matter which incorporates the penalties stated in Section 43-21-267. |
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| 100 | 100 | | |
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| 101 | 101 | | (24) The provisions of this section shall stand repealed on July 1, 2026. |
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| 102 | 102 | | |
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| 103 | 103 | | SECTION 2. Section 43-21-351, Mississippi Code of 1972, is brought forward as follows: |
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| 104 | 104 | | |
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| 105 | 105 | | 43-21-351. (1) Any person or agency having knowledge that a child residing or being within the county is within the jurisdiction of the youth court may make a written report to the intake unit alleging facts sufficient to establish the jurisdiction of the youth court. The report shall bear a permanent number that will be assigned by the court in accordance with the standards established by the Administrative Office of Courts pursuant to Section 9-21-9(d), and shall be preserved until destroyed on order of the court. |
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| 106 | 106 | | |
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| 107 | 107 | | (2) There shall be in each youth court of the state an intake officer who shall be responsible for the accurate and timely entering of all intake and case information into the Mississippi Youth Court Information Delivery System (MYCIDS) for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services. It shall be the responsibility of the youth court judge or referee of each county to ensure that the intake officer is carrying out the responsibility of this section. |
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| 108 | 108 | | |
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| 109 | 109 | | (3) Each intake officer shall receive, at a minimum, six (6) hours of annual training on MYCIDS provided by the Mississippi Judicial College. The required training under this subsection shall be in addition to technical training provided by the Mississippi Supreme Court MYCIDS Information Technology Department. |
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| 110 | 110 | | |
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| 111 | 111 | | (4) The Mississippi Judicial College, in conjunction with the Administrative Office of Courts, shall develop training materials on MYCIDS: |
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| 112 | 112 | | |
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| 113 | 113 | | (a) To ensure the accurate and timely entrance of all intake and case information throughout the state by intake officers; |
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| 114 | 114 | | |
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| 115 | 115 | | (b) To ensure that youth court judges are equipped to oversee the functions of each intake officer. |
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| 116 | 116 | | |
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| 117 | 117 | | (5) The provisions of this section shall stand repealed on July 1, 2026. |
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| 118 | 118 | | |
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| 119 | 119 | | SECTION 3. Section 43-21-801, Mississippi Code of 1972, is brought forward as follows: |
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| 120 | 120 | | |
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| 121 | 121 | | 43-21-801. (1) There is established the Youth Court Support Program. The purpose of the program shall be to ensure that all youth courts have sufficient support funds to carry on the business of the youth court. The Administrative Office of Courts shall establish a formula consistent with this section for providing state support payable from the Youth Court Support Fund for the support of the youth courts. |
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| 122 | 122 | | |
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| 123 | 123 | | (a) (i) Each regular youth court referee is eligible for youth court support funds so long as the senior chancellor does not elect to employ a youth court administrator as set forth in paragraph (b); a municipal youth court judge is also eligible. The Administrative Office of Courts shall direct any funds to the appropriate county or municipality. The funds shall be utilized to compensate an intake officer who shall be responsible for ensuring that all intake and case information for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the court already has an intake officer responsible for entering all cases of the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services into MYCIDS, the regular youth court referee or municipal court judge may certify to the Administrative Office of Courts that such a person is already on staff. In such a case, each regular youth court referee or municipal youth court judge shall have the sole individual discretion to appropriate those funds as expense monies to assist in hiring secretarial staff and acquiring materials and equipment incidental to carrying on the business of the court within the private practice of law of the referee or judge, or may direct the use of those funds through the county or municipal budget for court support supplies or services. The regular youth court referee and municipal youth court judge shall be accountable for assuring through private, county or municipal employees the proper preparation and filing of all necessary tracking and other documentation attendant to the administration of the youth court. |
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| 124 | 124 | | |
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| 125 | 125 | | (ii) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the county or municipality to be used by the judge or referee during the term of his office and thereafter by his successors. |
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| 126 | 126 | | |
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| 127 | 127 | | (b) (i) When permitted by the Administrative Office of Courts and as funds are available, the senior chancellor for Chancery Districts One, Two, Three, Four, Six, Seven, Nine, Ten, Thirteen, Fourteen, Fifteen and Eighteen may appoint a youth court administrator for the district whose responsibility will be to perform all reporting, tracking and other duties of a court administrator for all youth courts in the district that are under the chancery court system. Any chancery district listed in this paragraph in which a chancellor appoints a referee or special master to hear any youth court matter is ineligible for funding under this paragraph (b). The Administrative Office of Courts may allocate to an eligible chancery district a sum not to exceed Thirty Thousand Dollars ($30,000.00) per year for the salary, fringe benefits and equipment of the youth court administrator, and an additional sum not to exceed One Thousand Nine Hundred Dollars ($1,900.00) for the administrator's travel expenses. |
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| 128 | 128 | | |
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| 129 | 129 | | (ii) The appointment of a youth court administrator shall be evidenced by the entry of an order on the minutes of the court. The person appointed shall serve at the will and pleasure of the senior chancellor but shall be an employee of the Administrative Office of Courts. |
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| 130 | 130 | | |
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| 131 | 131 | | (iii) The Administrative Office of Courts must approve the position, job description and salary before the position can be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of the funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose. |
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| 132 | 132 | | |
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| 133 | 133 | | (iv) Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the State of Mississippi. |
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| 134 | 134 | | |
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| 135 | 135 | | (c) (i) Each county court is eligible for youth court support funds. The funds shall be utilized to provide compensation to an intake officer who shall be responsible for ensuring that all intake and case information for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the county court already has an intake officer or other staff person responsible for entering all cases of the Department of Human Services - Division of Youth Services, truancy matters and the Department of Child Protection Services into MYCIDS, the senior county court judge may certify that such a person is already on staff. In such a case, the senior county court judge shall have discretion to direct the expenditure of those funds in hiring other support staff to carry on the business of the court. |
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| 136 | 136 | | |
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| 137 | 137 | | (ii) For the purposes of this paragraph, "support staff" means court administrators, law clerks, legal research assistants, secretaries, resource administrators or case managers appointed by a youth court judge, or any combination thereof, but shall not mean school attendance officers. |
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| 138 | 138 | | |
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| 139 | 139 | | (iii) The appointment of support staff shall be evidenced by the entry of an order on the minutes of the court. The support staff so appointed shall serve at the will and pleasure of the senior county court judge but shall be an employee of the county. |
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| 140 | 140 | | |
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| 141 | 141 | | (iv) The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose. |
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| 142 | 142 | | |
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| 143 | 143 | | (v) The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed pursuant to this paragraph if the additional expenditure falls within the formula. Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the county to be used by the youth court and support staff. |
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| 144 | 144 | | |
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| 145 | 145 | | (2) (a) (i) The formula developed by the Administrative Office of Courts for providing youth court support funds shall be devised so as to distribute appropriated funds proportional to caseload and other appropriate factors as set forth in regulations promulgated by the Administrative Office of Courts. The formula will determine a reasonable maximum amount per judge or referee per annum that will not be exceeded in allocating funds under this section. |
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| 146 | 146 | | |
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| 147 | 147 | | (ii) The formula shall be reviewed by the Administrative Office of Courts every two (2) years to ensure that the youth court support funds provided herein are proportional to each youth court's caseload and other specified factors. |
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| 148 | 148 | | |
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| 149 | 149 | | (iii) The Administrative Office of Courts shall have wide latitude in the first two-year cycle to implement a formula designed to maximize caseload data collection. |
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| 150 | 150 | | |
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| 151 | 151 | | (b) Application to receive funds under this section shall be submitted in accordance with procedures established by the Administrative Office of Courts. |
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| 152 | 152 | | |
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| 153 | 153 | | (c) Approval of the use of any of the youth court support funds distributed under this section shall be made by the Administrative Office of Courts in accordance with procedures established by the Administrative Office of Courts. |
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| 154 | 154 | | |
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| 155 | 155 | | (3) (a) There is created in the State Treasury a special fund to be designated as the "Youth Court Support Fund," which shall consist of funds appropriated or otherwise made available by the Legislature 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 investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be distributed to the youth courts by the Administrative Office of Courts for the purposes described in this section. |
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| 156 | 156 | | |
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| 157 | 157 | | (b) (i) During the regular legislative session held in calendar year 2007, the Legislature may appropriate an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund. |
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| 158 | 158 | | |
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| 159 | 159 | | (ii) During each regular legislative session subsequent to the 2007 Regular Session, the Legislature shall appropriate Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund. |
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| 160 | 160 | | |
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| 161 | 161 | | (c) No youth court judge or youth court referee shall be eligible to receive funding from the Youth Court Support Fund who has not received annual continuing education in the field of juvenile justice in an amount to conform with the requirements of the Rules and Regulations for Mandatory Continuing Judicial Education promulgated by the Supreme Court or received at least one (1) hour of annual continuing education concerning oversight of youth court intake officers and MYCIDS. The Administrative Office of Courts shall maintain records of all referees and youth court judges regarding such training and shall not disburse funds to any county or municipality for the budget of a youth court judge or referee who is not in compliance with the judicial training requirements. |
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| 162 | 162 | | |
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| 163 | 163 | | (4) Any recipient of funds from the Youth Court Support Fund shall not be eligible for continuing disbursement of funds if the recipient is not in compliance with the terms, conditions and reporting requirements set forth in the procedures promulgated by the Administrative Office of Courts. |
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| 164 | 164 | | |
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| 165 | 165 | | (5) The provisions of this section shall stand repealed on July 1, 2026. |
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| 166 | 166 | | |
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| 167 | 167 | | SECTION 4. Section 45-33-61, Mississippi Code of 1972, is brought forward as follows: |
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| 168 | 168 | | |
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| 169 | 169 | | 45-33-61. (1) A person convicted of a sex offense shall not access the Administrative Office of Courts' youth court data management system known as the Mississippi Youth Court Information Delivery System or "MYCIDS." |
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| 170 | 170 | | |
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| 171 | 171 | | (2) This section applies to all registered sex offenders without regard to the date of conviction for a registrable offense. |
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| 172 | 172 | | |
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| 173 | 173 | | (3) The provisions of this section shall stand repealed on July 1, 2026. |
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| 174 | 174 | | |
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| 175 | 175 | | SECTION 5. Section 93-31-3, Mississippi Code of 1972, is brought forward as follows: |
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| 176 | 176 | | |
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| 177 | 177 | | 93-31-3. (1) (a) A parent or legal custodian of a child, by means of a properly executed power of attorney as provided in Section 93-31-5, may delegate to another willing person or persons as attorney-in-fact any of the powers regarding the care and custody of the child other than the following: |
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| 178 | 178 | | |
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| 179 | 179 | | (i) The power to consent to marriage or adoption of the child; |
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| 180 | 180 | | |
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| 181 | 181 | | (ii) The performance or inducement of an abortion on or for the child; or |
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| 182 | 182 | | |
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| 183 | 183 | | (iii) The termination of parental rights to the child. |
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| 184 | 184 | | |
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| 185 | 185 | | (b) A delegation of powers under this section does not: |
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| 186 | 186 | | |
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| 187 | 187 | | (i) Change or modify any parental or legal rights, obligations, or authority established by an existing court order; |
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| 188 | 188 | | |
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| 189 | 189 | | (ii) Deprive any custodial or noncustodial parent or legal guardian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of the child; or |
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| 190 | 190 | | |
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| 191 | 191 | | (iii) Affect a court's ability to determine the best interests of a child. |
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| 192 | 192 | | |
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| 193 | 193 | | (c) If both parents are living and neither parent's parental rights have been terminated, both parents must execute the power of attorney. If a noncustodial parent is absent or unknown, the custodial parent must complete the affidavit contemplated under Section 93-31-5 and attach it to the power of attorney. |
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| 194 | 194 | | |
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| 195 | 195 | | (d) A power of attorney under this chapter must be facilitated by either a child welfare agency that is licensed to place children for adoption and that is operating under the Safe Families for Children model or another charitable organization that is operating under the Safe Families for Children model. A full criminal history and child abuse and neglect background check must be conducted on any person who is not a grandparent, aunt, uncle, or sibling of the child if the person is: |
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| 196 | 196 | | |
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| 197 | 197 | | (i) Designated or proposed to be designated as the attorney-in-fact; or |
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| 198 | 198 | | |
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| 199 | 199 | | (ii) Is a person over the age of fifteen (15) who resides in the home of the designated attorney-in-fact. |
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| 200 | 200 | | |
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| 201 | 201 | | (2) A power of attorney executed under this chapter shall not be used for the sole purposes of enrolling a child in a school to participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purposes, except as may be permitted by the federal Every Student Succeeds Act (Public Law 114-95). |
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| 202 | 202 | | |
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| 203 | 203 | | (3) The parent or legal custodian of the child has the authority to revoke or withdraw the power of attorney authorized by this section at any time. Upon the termination, expiration, or revocation of the power of attorney, the child must be returned to the custody of the parent or legal custodian. |
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| 204 | 204 | | |
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| 205 | 205 | | (4) Until the authority expires or is revoked or withdrawn by the parent or legal custodian, the attorney-in-fact shall exercise parental or legal authority on a continuous basis without compensation for the duration of the power of attorney. |
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| 206 | 206 | | |
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| 207 | 207 | | (5) The execution of a power of attorney by a parent or legal custodian does not, in the absence of other evidence, constitute abandonment, desertion, abuse, neglect, or any evidence of unfitness as a parent unless the parent or legal custodian fails to take custody of the child or execute a new power of attorney after the one-year time limit, or after a longer time period as allowed for a serving parent, has elapsed. Nothing in this subsection prevents the Department of Child Protection Services or law enforcement from investigating allegations of abuse, abandonment, desertion, neglect or other mistreatment of a child. |
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| 208 | 208 | | |
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| 209 | 209 | | (6) When the custody of a child is transferred by a power of attorney under this chapter, the child is not considered to have been placed in foster care and the attorney-in-fact will not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to out-of-home care for children and will not be subject to any statutes or regulations dealing with the licensing or regulation of foster care homes. |
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| 210 | 210 | | |
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| 211 | 211 | | (7) (a) "Serving parent" means a parent who is a member of the Armed Forces of the United States, including any reserve component thereof, or the National Oceanic and Atmospheric Administration Commissioned Officer Corps or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Armed Forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty. |
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| 212 | 212 | | |
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| 213 | 213 | | (b) A serving parent may delegate the powers designated in subsection (1) of this section for longer than one (1) year if on active-duty service or if scheduled to be on active-duty service. The term of delegation, however, may not exceed the term of active-duty service plus thirty (30) days. |
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| 214 | 214 | | |
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| 215 | 215 | | (8) (a) A power of attorney under this chapter must be filed in the youth court of the county where the minor child or children reside at the time the form is completed, and the clerk of the youth court will not impose or collect a filing fee. The filing is informational only, and no judicial intervention shall result at the time of filing. |
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| 216 | 216 | | |
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| 217 | 217 | | (b) The power of attorney must be entered into the Mississippi Youth Court Information Delivery System (MYCIDS) under Section 43-21-351, and must be administratively reviewed by the youth court judge or referee, or a person designated by the youth court judge or referee, to ensure the safety of the child or children who are the subjects of the power of attorney one (1) year after the date of execution. |
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| 218 | 218 | | |
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| 219 | 219 | | (9) The provisions of this section shall stand repealed on July 1, 2026. |
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| 220 | 220 | | |
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| 221 | 221 | | SECTION 6. Section 9-21-9, Mississippi Code of 1972, is brought forward as follows: |
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| 222 | 222 | | |
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| 223 | 223 | | 9-21-9. (1) The Administrative Director of Courts shall have the following duties and authority with respect to all courts in addition to any other duties and responsibilities as may be properly assigned by the Supreme Court and/or by law: |
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| 224 | 224 | | |
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| 225 | 225 | | (a) To require the filing of reports, the collection and compilation of statistical data and other information on the judicial and financial operation of the courts and on the operation of other offices directly related to and serving the courts; |
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| 226 | 226 | | |
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| 227 | 227 | | (b) To determine the state of the dockets and evaluate the practices and procedures of the courts and make recommendations concerning the number of judges and other personnel required for the efficient administration of justice; |
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| 228 | 228 | | |
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| 229 | 229 | | (c) To prescribe uniform administrative and business methods, systems, forms and records to be used in the offices of the clerks of courts; |
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| 230 | 230 | | |
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| 231 | 231 | | (d) To devise, promulgate and require the use of a uniform youth court case tracking system, including a youth court case filing form for filing with each individual youth court matter, to be utilized by the Administrative Office of Courts and the youth courts in order that the number of youthful offenders, abused, neglected, truant and dependent children, as well as children in need of special care and children in need of supervision, may be tracked with specificity through the youth court and adult justice systems; in support of the uniform case docketing system, the director shall require that all youth courts utilize the Mississippi Youth Court Information Delivery System (MYCIDS); |
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| 232 | 232 | | |
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| 233 | 233 | | (e) To develop, promulgate and require the use of a statewide docket numbering system to be utilized by the youth courts, which youth court docket numbers shall standardize and unify the numbering system by which youth court docket numbers are assigned, such that each docket number would, among other things, identify the county and year in which a particular youth court action was commenced; |
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| 234 | 234 | | |
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| 235 | 235 | | (f) To develop, promulgate and require the use of uniform youth court orders and forms in all youth courts and youth court proceedings; |
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| 236 | 236 | | |
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| 237 | 237 | | (g) To prepare and submit budget recommendations for state appropriations necessary for the maintenance and operation of the judicial system and to authorize expenditures from funds appropriated for these purposes as permitted or authorized by law; |
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| 238 | 238 | | |
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| 239 | 239 | | (h) To develop and implement personnel policies for nonjudicial personnel employed by the courts; |
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| 240 | 240 | | |
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| 241 | 241 | | (i) To investigate, make recommendations concerning and assist in the securing of adequate physical accommodations for the judicial system; |
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| 242 | 242 | | |
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| 243 | 243 | | (j) To procure, distribute, exchange, transfer and assign such equipment, books, forms and supplies as are acquired with state funds or grant funds or otherwise for the judicial system; |
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| 244 | 244 | | |
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| 245 | 245 | | (k) To make recommendations for the improvement of the operations of the judicial system; |
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| 246 | 246 | | |
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| 247 | 247 | | (l) To prepare and submit an annual report on the work of the judicial system to the Supreme Court; |
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| 248 | 248 | | |
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| 249 | 249 | | (m) To take necessary steps in the collection of unpaid court costs, fines and forfeitures; |
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| 250 | 250 | | |
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| 251 | 251 | | (n) To perform such additional administrative duties relating to the improvement of the administration of justice as may be assigned by the Supreme Court; and |
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| 252 | 252 | | |
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| 253 | 253 | | (o) To promulgate standards, rules and regulations for computer and/or electronic filing and storage of all court records and court-related records maintained throughout the state in courts and in offices of circuit and chancery clerks. |
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| 254 | 254 | | |
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| 255 | 255 | | (p) To utilize the provisions of law that regulate public purchasing in Sections 31-7-1 et seq., to contract with a provider to effectuate the requirements of paragraph (d) for the Mississippi Youth Court Information Delivery System (MYCIDS). |
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| 256 | 256 | | |
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| 257 | 257 | | (2) (a) The Administrative Director of Courts shall conduct an audit of the Mississippi Youth Court Information Delivery System (MYCIDS), by August 1, 2024, to review: the services provided by the system, any contractors or employees used to administer the system, the process used to design or administer the system, guidelines used to create the system and the primary functions of the system and whether the system can be accessed by users of the Mississippi Electronic Court System or merged with the Mississippi Electronic Court System. |
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| 258 | 258 | | |
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| 259 | 259 | | (b) The Administrative Director of Courts shall provide a report to the Judiciary A Committees of the Mississippi House of Representatives and the Senate by September 1, 2024, that includes: |
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| 260 | 260 | | |
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| 261 | 261 | | (i) A copy of the audit; |
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| 262 | 262 | | |
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| 263 | 263 | | (ii) Recommendations that resolve any deficiencies in the system or improve the system; |
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| 264 | 264 | | |
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| 265 | 265 | | (iii) Recommendations that outline the creation of a new system which is to be in operation by July 1, 2026. |
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| 266 | 266 | | |
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| 267 | 267 | | (iv) A list of the companies or agencies that have submitted bids to resolve deficiencies, make improvements or create a new system. |
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| 268 | 268 | | |
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| 269 | 269 | | SECTION 7. Section 9-17-1, Mississippi Code of 1972, is brought forward as follows: |
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| 270 | 270 | | |
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| 271 | 271 | | 9-17-1. (1) If a circuit or chancery district contains more than one (1) judge or chancellor, the judges or chancellors may establish jointly the office of court administrator for that judicial district with an order entered on the minutes of each court in that judicial district. |
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| 272 | 272 | | |
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| 273 | 273 | | The establishment of the office of court administrator shall be accomplished by vote of a majority of the participating judges or chancellors in the district, and such court administrator shall be appointed by vote of a majority of the judges or chancellors and may be removed by a majority vote of the judges or chancellors. In case of a tie vote, the senior judge or senior chancellor shall cast two (2) votes. |
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| 274 | 274 | | |
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| 275 | 275 | | (2) As an alternative to subsection (1), in a circuit or chancery district containing more than one (1) judge or chancellor, a judge or chancellor independently may establish the office of court administrator for that judge's or chancellor's office with an order entered on the minutes of each court in that judicial district appointing the court administrator to serve at the will and pleasure of the hiring judge or chancellor. |
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| 276 | 276 | | |
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| 277 | 277 | | (3) In a county court where there is more than one (1) county judge, the county judges may establish jointly the office of court administrator for that county court with an order entered on the minutes of that court. |
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| 278 | 278 | | |
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| 279 | 279 | | The establishment of the office of court administrator shall be accomplished by vote of a majority of the county judges in the county, and the court administrator shall be appointed by a vote of a majority of the county judges and may be removed by a majority vote of the county judges. In the case of a tie vote, the senior county judge shall cast two (2) votes. |
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| 280 | 280 | | |
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| 281 | 281 | | (4) In a county court with one (1) county judge, the office of court administrator shall be established with an order entered on the minutes of that court. The appointment of the court administrator shall be accomplished with an order entered on the minutes of the court stating that the court administrator serves at the will and pleasure of the county judge. |
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| 282 | 282 | | |
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| 283 | 283 | | (5) Before a court administrator appointed under this section may be hired, the Administrative Office of Courts will evaluate the chosen applicant to determine if the applicant meets the minimum requirements of the position of court administrator. |
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| 284 | 284 | | |
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| 285 | 285 | | (6) The court administrators shall be provided office space in the same manner as such is afforded the circuit judges, chancellors and county judges. |
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| 286 | 286 | | |
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| 287 | 287 | | (7) The annual salary of the court administrator appointed pursuant to subsection (1) shall be set by vote of the circuit judges or chancellors of the district and shall be submitted to the Administrative Office of Courts for approval pursuant to Section 9-1-36. The salary shall be paid in twelve (12) installments on the last working day of the month by the Administrative Office of Courts after it has been authorized by the participating judges and chancellors and an order has been duly placed on the minutes of each participating court. |
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| 288 | 288 | | |
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| 289 | 289 | | Any county within a judicial district having a court administrator shall transfer to the Administrative Office of Courts one-twelfth (1/12) of its pro rata cost of authorized compensation, as defined in Section 9-1-36, for the court administrator by the twentieth day of each month for the compensation that is to be paid on the last day of that month. The board of supervisors may transfer the pro rata cost of the county from the funds of that county pursuant to Section 9-17-5(2)(b). |
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| 290 | 290 | | |
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| 291 | 291 | | (8) The annual salary of each court administrator appointed pursuant to subsection (2) shall be set by the appointing circuit judge or chancellor and shall be submitted to the Administrative Office of Courts for approval pursuant to Section 9-1-36. The salary shall be paid in twelve (12) installments on the last working day of the month by the Administrative Office of Courts after it has been authorized by the appointing judge or chancellor and an order has been duly placed on the minutes of the participating court. Any county within a judicial district that has a court administrator shall transfer to the Administrative Office of Courts one-twelfth (1/12) of its pro rata cost of authorized compensation, as defined in Section 9-1-36, for the court administrator by the twentieth day of each month for the compensation that is to be paid on the last day of that month. The board of supervisors may transfer the pro rata cost of the county from the funds of that county pursuant to Section 9-17-5(2)(b). |
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| 292 | 292 | | |
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| 293 | 293 | | (9) The annual salary of the court administrator appointed pursuant to subsection (3) shall be set by a vote of the county judges of the county and shall be paid by the county's board of supervisors. |
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| 294 | 294 | | |
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| 295 | 295 | | (10) The annual salary of the court administrator appointed pursuant to subsection (4) shall be set by the county judge of the county and shall be paid by that county's board of supervisors. |
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| 296 | 296 | | |
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| 297 | 297 | | (11) For all travel required in the performance of official duties, the court administrator shall be paid mileage by the county in which the duties were performed at the same rate as provided for state employees in Section 25-3-41, Mississippi Code of 1972. The court administrator shall file a certificate of mileage expense incurred during that term with the board of supervisors of each participating county and payment of such expense shall be paid proportionately out of the court administration fund established pursuant to Section 9-17-5. |
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| 298 | 298 | | |
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| 299 | 299 | | SECTION 8. Section 9-1-36, Mississippi Code of 1972, is brought forward as follows: |
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| 300 | 300 | | |
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| 301 | 301 | | 9-1-36. (1) Each circuit judge and chancellor shall receive an office operating allowance for the expenses of operating the office of the judge, including retaining a law clerk, legal research, stenographic help, stationery, stamps, furniture, office equipment, telephone, office rent and other items and expenditures necessary and incident to maintaining the office of judge which may include expenses to travel out of state once per state fiscal year for continuing legal education classes and or seminars if approved by the Chief Justice. The allowance shall be paid only to the extent of actual expenses incurred by the judge as itemized and certified by the judge to the Supreme Court in the amounts set forth in this subsection; however, the judge may expend sums in excess thereof from the compensation otherwise provided for his office. |
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| 302 | 302 | | |
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| 303 | 303 | | From and after July 1, 2023, the office operating allowance under this subsection shall be Fifteen Thousand Dollars ($15,000.00) per annum. |
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| 304 | 304 | | |
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| 305 | 305 | | (2) In addition to the amounts provided for in subsection (1), there is created a separate office allowance fund for the purpose of providing support staff to judges. This fund shall be managed by the Administrative Office of Courts. |
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| 306 | 306 | | |
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| 307 | 307 | | (3) Each judge who desires to employ support staff must have each candidate approved by the Administrative Office of Courts before the positions may be filled. The Administrative Office of Courts shall not approve any hire which does not first require the expenditure of the funds in the support staff fund for compensation of any of the support staff before expenditure is authorized of county funds for that purpose. Upon approval by the Administrative Office of Courts, the judge or judges may appoint the employees to the position or positions, and each employee so appointed will work at the will and pleasure of the judge or judges who appointed him but will be employees of the Administrative Office of Courts. Upon approval by the Administrative Office of Courts, the appointment of any support staff shall be evidenced by the entry of an order on the minutes of the court. When support staff is appointed jointly by two (2) or more judges, the order setting forth any appointment shall be entered on the minutes of each participating court. |
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| 308 | 308 | | |
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| 309 | 309 | | (4) Support staff shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts. Each judge shall be allotted the amount of One Hundred Thirty Thousand Dollars ($130,000.00) per fiscal year for all support staff approved by the Administrative Office of Courts. |
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| 310 | 310 | | |
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| 311 | 311 | | The Administrative Office of Courts may approve expenditures from the fund for additional equipment for support staff appointed pursuant to this section in any year in which the allocation per judge is sufficient to meet the equipment expense after provision for the compensation of the support staff. |
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| 312 | 312 | | |
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| 313 | 313 | | (5) For the purposes of this section, the following terms have the meaning ascribed in this subsection unless the context clearly requires otherwise: |
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| 314 | 314 | | |
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| 315 | 315 | | (a) "Judges" means circuit judges and chancellors, or any combination thereof. |
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| 316 | 316 | | |
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| 317 | 317 | | (b) "Support staff" means court administrators, law clerks, legal research assistants or secretaries, or any combination thereof, but shall not mean school attendance officers. |
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| 318 | 318 | | |
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| 319 | 319 | | (c) "Compensation" means the gross salary plus all amounts paid for benefits or otherwise as a result of employment or as required by employment; however, only salary earned for services rendered shall be reported and credited for Public Employees' Retirement System purposes. Amounts paid for benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes. |
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| 320 | 320 | | |
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| 321 | 321 | | (d) "Law clerk" means a clerk hired to assist a judge or judges who has a law degree or who is a full-time law student who is making satisfactory progress at an accredited law school. |
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| 322 | 322 | | |
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| 323 | 323 | | (6) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the State of Mississippi to be used by the circuit judge or chancellor during the term of his office and thereafter by his successors. |
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| 324 | 324 | | |
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| 325 | 325 | | (7) Any circuit judge or chancellor who did not have a primary office provided by the county on March 1, 1988, shall be allowed an additional Seven Thousand Dollars ($7,000.00) per annum to defray the actual expenses incurred by the judge or chancellor in maintaining an office; however, any circuit judge or chancellor who had a primary office provided by the county on March 1, 1988, and who vacated the office space after that date for a legitimate reason, as determined by the Department of Finance and Administration, shall be allowed the additional office expense allowance provided under this subsection. The county in which a circuit judge or chancellor sits is authorized to provide funds from any available source to assist in defraying the actual expenses to maintain an office. |
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| 326 | 326 | | |
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| 327 | 327 | | (8) The Supreme Court, through the Administrative Office of Courts, shall submit to the Department of Finance and Administration the itemized and certified expenses for office operating allowances that are directed to the court pursuant to this section. |
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| 328 | 328 | | |
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| 329 | 329 | | (9) The Supreme Court, through the Administrative Office of Courts, shall have the power to adopt rules and regulations regarding the administration of the office operating allowance authorized pursuant to this section. |
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| 330 | 330 | | |
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| 331 | 331 | | SECTION 9. (1) No court or county board of supervisors may enter into any multiyear contract or service agreement for the purchase of a web-based application that is to be utilized with the Mississippi Youth Court Information System (MYCIDS) without the court or board of supervisors, as the case may be, having completed a competitive bidding process for the web-based application. |
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| 332 | 332 | | |
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| 333 | 333 | | (2) The Department of Information Technology Services shall maintain on its website a list of all web-based application service providers who are authorized to provide such web-based application services to any court or county board of supervisors. The list shall contain the email address, mailing address and phone number for each such provider. No formal bid process will be necessary, including newspaper or bid bank advertising, if the purchase is an E-Rate purchase that follows the federal procurement and contract award rules for such a purchase. The court or county board of supervisors shall provide a descriptive Request for Proposal describing the services to be purchased and the term of the contract. Courts or county boards of supervisors shall solicit quotes from all providers on the ITS list. Price quotes shall be received in sealed envelopes by the court or county board of supervisors. Quotes shall not be opened until at least twenty-eight (28) calendar days from the date all vendors on the ITS list are provided with the Request for Proposal. All price quotes shall be opened at a specified time in a public setting. If any state contract exists for the services being sought, the court or county board of supervisors must consider the contract pricing as if it were a submitted quote. The Office of Administrative Courts or the Mississippi Association of Supervisors, as the case may be, shall aid the courts or county boards of supervisors in the procurement process by providing training and instructions. |
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| 334 | 334 | | |
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| 335 | 335 | | (3) The Department of Information Technology Services shall provide the courts or county boards of supervisors, as the case may be, with a contract template for such courts and boards of supervisors to use for the contract and service agreement during the procurement process. The contract shall not exceed five (5) years and shall contain a specific price redetermination process every two (2) years from the date of the contract whereby the service provider may adjust pricing to comply with the E-Rate's requirement that providers provide courts or counties boards of supervisors with the lowest corresponding pricing available. |
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| 336 | 336 | | |
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| 337 | 337 | | SECTION 10. Section 31-7-13, Mississippi Code of 1972, is amended as follows: |
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| 338 | 338 | | |
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| 339 | 339 | | 31-7-13. All agencies and governing authorities shall purchase their commodities and printing; contract for garbage collection or disposal; contract for solid waste collection or disposal; contract for sewage collection or disposal; contract for public construction; and contract for rentals as herein provided. |
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| 340 | 340 | | |
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| 341 | 341 | | (a) Bidding procedure for purchases not over $5,000.00. Purchases which do not involve an expenditure of more than Five Thousand Dollars ($5,000.00), exclusive of freight or shipping charges, may be made without advertising or otherwise requesting competitive bids. However, nothing contained in this paragraph (a) shall be construed to prohibit any agency or governing authority from establishing procedures which require competitive bids on purchases of Five Thousand Dollars ($5,000.00) or less. |
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| 342 | 342 | | |
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| 343 | 343 | | (b) Bidding procedure for purchases over $5,000.00 but not over $75,000.00. Purchases which involve an expenditure of more than Five Thousand Dollars ($5,000.00) but not more than Seventy-five Thousand Dollars ($75,000.00), exclusive of freight and shipping charges, may be made from the lowest and best bidder without publishing or posting advertisement for bids, provided at least two (2) competitive written bids have been obtained. Any state agency or community or junior college purchasing commodities or procuring construction pursuant to this paragraph (b) may authorize its purchasing agent, or his designee, to accept the lowest competitive written bid under Seventy-five Thousand Dollars ($75,000.00). Any governing authority purchasing commodities pursuant to this paragraph (b) may authorize its purchasing agent, or his designee, with regard to governing authorities other than counties, or its purchase clerk, or his designee, with regard to counties, to accept the lowest and best competitive written bid. Such authorization shall be made in writing by the governing authority and shall be maintained on file in the primary office of the agency and recorded in the official minutes of the governing authority, as appropriate. The purchasing agent or the purchase clerk, or his designee, as the case may be, and not the governing authority, shall be liable for any penalties and/or damages as may be imposed by law for any act or omission of the purchasing agent or purchase clerk, or his designee, constituting a violation of law in accepting any bid without approval by the governing authority. The term "competitive written bid" shall mean a bid submitted on a bid form furnished by the buying agency or governing authority and signed by authorized personnel representing the vendor, or a bid submitted on a vendor's letterhead or identifiable bid form and signed by authorized personnel representing the vendor. "Competitive" shall mean that the bids are developed based upon comparable identification of the needs and are developed independently and without knowledge of other bids or prospective bids. Any bid item for construction in excess of Five Thousand Dollars ($5,000.00) shall be broken down by components to provide detail of component description and pricing. These details shall be submitted with the written bids and become part of the bid evaluation criteria. Bids may be submitted by facsimile, electronic mail or other generally accepted method of information distribution. Bids submitted by electronic transmission shall not require the signature of the vendor's representative unless required by agencies or governing authorities. |
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| 344 | 344 | | |
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| 345 | 345 | | (c) Bidding procedure for purchases over $75,000.00. |
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| 346 | 346 | | |
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| 347 | 347 | | (i) Publication requirement. |
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| 348 | 348 | | |
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| 349 | 349 | | 1. Purchases which involve an expenditure of more than Seventy-five Thousand Dollars ($75,000.00), exclusive of freight and shipping charges, may be made from the lowest and best bidder after advertising for competitive bids once each week for two (2) consecutive weeks in a regular newspaper published in the county or municipality in which such agency or governing authority is located. However, all American Recovery and Reinvestment Act projects in excess of Twenty-five Thousand Dollars ($25,000.00) shall be bid. All references to American Recovery and Reinvestment Act projects in this section shall not apply to programs identified in Division B of the American Recovery and Reinvestment Act. |
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| 350 | 350 | | |
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| 351 | 351 | | 2. Reverse auctions shall be the primary method for receiving bids during the bidding process. If a purchasing entity determines that a reverse auction is not in the best interest of the state, then that determination must be approved by the Public Procurement Review Board. The purchasing entity shall submit a detailed explanation of why a reverse auction would not be in the best interest of the state and present an alternative process to be approved by the Public Procurement Review Board. If the Public Procurement Review Board authorizes the purchasing entity to solicit bids with a method other than reverse auction, then the purchasing entity may designate the other methods by which the bids will be received, including, but not limited to, bids sealed in an envelope, bids received electronically in a secure system, or bids received by any other method that promotes open competition and has been approved by the Office of Purchasing and Travel. However, reverse auction shall not be used for any public contract for design, construction, improvement, repair or remodeling of any public facilities, including the purchase of materials, supplies, equipment or goods for same and including buildings, roads and bridges. The Public Procurement Review Board must approve any contract entered into by alternative process. The provisions of this item 2 shall not apply to the individual state institutions of higher learning. The provisions of this item 2 requiring reverse auction as the primary method of receiving bids shall not apply to term contract purchases as provided in paragraph (n) of this section; however, a purchasing entity may, in its discretion, utilize reverse auction for such purchases. The provisions of this item 2 shall not apply to individual public schools, including public charter schools and public school districts, only when purchasing copyrighted educational supplemental materials and software as a service product. For such purchases, a local school board may authorize a purchasing entity in its jurisdiction to use a Request for Qualifications which promotes open competition and meets the requirements of the Office of Purchasing and Travel. |
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| 352 | 352 | | |
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| 353 | 353 | | 3. The date as published for the bid opening shall not be less than seven (7) working days after the last published notice; however, if the purchase involves a construction project in which the estimated cost is in excess of Seventy-five Thousand Dollars ($75,000.00), such bids shall not be opened in less than fifteen (15) working days after the last notice is published and the notice for the purchase of such construction shall be published once each week for two (2) consecutive weeks. The notice of intention to let contracts or purchase equipment shall state the time and place at which bids shall be received, list the contracts to be made or types of equipment or supplies to be purchased, and, if all plans and/or specifications are not published, refer to the plans and/or specifications on file. If there is no newspaper published in the county or municipality, then such notice shall be given by posting same at the courthouse, or for municipalities at the city hall, and at two (2) other public places in the county or municipality, and also by publication once each week for two (2) consecutive weeks in some newspaper having a general circulation in the county or municipality in the above-provided manner. On the same date that the notice is submitted to the newspaper for publication, the agency or governing authority involved shall mail written notice to, or provide electronic notification to the main office of the Mississippi Procurement Technical Assistance Program under the Mississippi Development Authority that contains the same information as that in the published notice. Within one (1) working day of the contract award, the agency or governing authority shall post to the designated web page maintained by the Department of Finance and Administration, notice of the award, including the award recipient, the contract amount, and a brief summary of the contract in accordance with rules promulgated by the department. Within one (1) working day of the contract execution, the agency or governing authority shall post to the designated web page maintained by the Department of Finance and Administration a summary of the executed contract and make a copy of the appropriately redacted contract documents available for linking to the designated web page in accordance with the rules promulgated by the department. The information provided by the agency or governing authority shall be posted to the web page until the project is completed. |
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| 354 | 354 | | |
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| 355 | 355 | | 4. Agencies and governing authorities using federal funds for the procurement of any good or service, including exempt personal and professional services, must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards - Subpart D - Post Federal Award Requirements Procurement Standards, in accordance with 2 CFR 200.317 through 2 CFR 200.327. |
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| 356 | 356 | | |
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| 357 | 357 | | (ii) Bidding process amendment procedure. If all plans and/or specifications are published in the notification, then the plans and/or specifications may not be amended. If all plans and/or specifications are not published in the notification, then amendments to the plans/specifications, bid opening date, bid opening time and place may be made, provided that the agency or governing authority maintains a list of all prospective bidders who are known to have received a copy of the bid documents and all such prospective bidders are sent copies of all amendments. This notification of amendments may be made via mail, facsimile, electronic mail or other generally accepted method of information distribution. No addendum to bid specifications may be issued within two (2) working days of the time established for the receipt of bids unless such addendum also amends the bid opening to a date not less than five (5) working days after the date of the addendum. |
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| 358 | 358 | | |
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| 359 | 359 | | (iii) Filing requirement. In all cases involving governing authorities, before the notice shall be published or posted, the plans or specifications for the construction or equipment being sought shall be filed with the clerk of the board of the governing authority. In addition to these requirements, a bid file shall be established which shall indicate those vendors to whom such solicitations and specifications were issued, and such file shall also contain such information as is pertinent to the bid. |
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| 360 | 360 | | |
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| 361 | 361 | | (iv) Specification restrictions. |
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| 362 | 362 | | |
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| 363 | 363 | | 1. Specifications pertinent to such bidding shall be written so as not to exclude comparable equipment of domestic manufacture. However, if valid justification is presented, the Department of Finance and Administration or the board of a governing authority may approve a request for specific equipment necessary to perform a specific job. Further, such justification, when placed on the minutes of the board of a governing authority, may serve as authority for that governing authority to write specifications to require a specific item of equipment needed to perform a specific job. In addition to these requirements, from and after July 1, 1990, vendors of relocatable classrooms and the specifications for the purchase of such relocatable classrooms published by local school boards shall meet all pertinent regulations of the State Board of Education, including prior approval of such bid by the State Department of Education. |
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| 364 | 364 | | |
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| 365 | 365 | | 2. Specifications for construction projects may include an allowance for commodities, equipment, furniture, construction materials or systems in which prospective bidders are instructed to include in their bids specified amounts for such items so long as the allowance items are acquired by the vendor in a commercially reasonable manner and approved by the agency/governing authority. Such acquisitions shall not be made to circumvent the public purchasing laws. |
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| 366 | 366 | | |
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| 367 | 367 | | (v) Electronic bids. Agencies and governing authorities shall provide a secure electronic interactive system for the submittal of bids requiring competitive bidding that shall be an additional bidding option for those bidders who choose to submit their bids electronically. The Department of Finance and Administration shall provide, by regulation, the standards that agencies must follow when receiving electronic bids. Agencies and governing authorities shall make the appropriate provisions necessary to accept electronic bids from those bidders who choose to submit their bids electronically for all purchases requiring competitive bidding under this section. Any special condition or requirement for the electronic bid submission shall be specified in the advertisement for bids required by this section. Agencies or governing authorities that are currently without available high speed Internet access shall be exempt from the requirement of this subparagraph (v) until such time that high speed Internet access becomes available. Any county having a population of less than twenty thousand (20,000) shall be exempt from the provisions of this subparagraph (v). Any municipality having a population of less than ten thousand (10,000) shall be exempt from the provisions of this subparagraph (v). The provisions of this subparagraph (v) shall not require any bidder to submit bids electronically. When construction bids are submitted electronically, the requirement for including a certificate of responsibility, or a statement that the bid enclosed does not exceed Fifty Thousand Dollars ($50,000.00), on the exterior of the bid envelope as indicated in Section 31-3-21(1) and (2) shall be deemed in compliance with by including same as an attachment with the electronic bid submittal. |
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| 368 | 368 | | |
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| 369 | 369 | | (d) Lowest and best bid decision procedure. |
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| 370 | 370 | | |
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| 371 | 371 | | (i) Decision procedure. Purchases may be made from the lowest and best bidder. In determining the lowest and best bid, freight and shipping charges shall be included. Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions and other relevant provisions may be included in the best bid calculation. All best bid procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration. If any governing authority accepts a bid other than the lowest bid actually submitted, it shall place on its minutes detailed calculations and narrative summary showing that the accepted bid was determined to be the lowest and best bid, including the dollar amount of the accepted bid and the dollar amount of the lowest bid. No agency or governing authority shall accept a bid based on items not included in the specifications. |
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| 372 | 372 | | |
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| 373 | 373 | | (ii) Decision procedure for Certified Purchasing Offices. In addition to the decision procedure set forth in subparagraph (i) of this paragraph (d), Certified Purchasing Offices may also use the following procedure: Purchases may be made from the bidder offering the best value. In determining the best value bid, freight and shipping charges shall be included. Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions, documented previous experience, training costs and other relevant provisions, including, but not limited to, a bidder having a local office and inventory located within the jurisdiction of the governing authority, may be included in the best value calculation. This provision shall authorize Certified Purchasing Offices to utilize a Request For Proposals (RFP) process when purchasing commodities. All best value procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration. No agency or governing authority shall accept a bid based on items or criteria not included in the specifications. |
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| 374 | 374 | | |
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| 375 | 375 | | (iii) Decision procedure for Mississippi Landmarks. In addition to the decision procedure set forth in subparagraph (i) of this paragraph (d), where purchase involves renovation, restoration, or both, of the State Capitol Building or any other historical building designated for at least five (5) years as a Mississippi Landmark by the Board of Trustees of the Department of Archives and History under the authority of Sections 39-7-7 and 39-7-11, the agency or governing authority may use the following procedure: Purchases may be made from the lowest and best prequalified bidder. Prequalification of bidders shall be determined not less than fifteen (15) working days before the first published notice of bid opening. Prequalification criteria shall be limited to bidder's knowledge and experience in historical restoration, preservation and renovation. In determining the lowest and best bid, freight and shipping charges shall be included. Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions and other relevant provisions may be included in the best bid calculation. All best bid and prequalification procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration. If any governing authority accepts a bid other than the lowest bid actually submitted, it shall place on its minutes detailed calculations and narrative summary showing that the accepted bid was determined to be the lowest and best bid, including the dollar amount of the accepted bid and the dollar amount of the lowest bid. No agency or governing authority shall accept a bid based on items not included in the specifications. |
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| 376 | 376 | | |
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| 377 | 377 | | (iv) Construction project negotiations authority. If the lowest and best bid is not more than ten percent (10%) above the amount of funds allocated for a public construction or renovation project, then the agency or governing authority shall be permitted to negotiate with the lowest bidder in order to enter into a contract for an amount not to exceed the funds allocated. |
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| 378 | 378 | | |
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| 379 | 379 | | (e) Lease-purchase authorization. For the purposes of this section, the term "equipment" shall mean equipment, furniture and, if applicable, associated software and other applicable direct costs associated with the acquisition. Any lease-purchase of equipment which an agency is not required to lease-purchase under the master lease-purchase program pursuant to Section 31-7-10 and any lease-purchase of equipment which a governing authority elects to lease-purchase may be acquired by a lease-purchase agreement under this paragraph (e). Lease-purchase financing may also be obtained from the vendor or from a third-party source after having solicited and obtained at least two (2) written competitive bids, as defined in paragraph (b) of this section, for such financing without advertising for such bids. Solicitation for the bids for financing may occur before or after acceptance of bids for the purchase of such equipment or, where no such bids for purchase are required, at any time before the purchase thereof. No such lease-purchase agreement shall be for an annual rate of interest which is greater than the overall maximum interest rate to maturity on general obligation indebtedness permitted under Section 75-17-101, and the term of such lease-purchase agreement shall not exceed the useful life of equipment covered thereby as determined according to the upper limit of the asset depreciation range (ADR) guidelines for the Class Life Asset Depreciation Range System established by the Internal Revenue Service pursuant to the United States Internal Revenue Code and regulations thereunder as in effect on December 31, 1980, or comparable depreciation guidelines with respect to any equipment not covered by ADR guidelines. Any lease-purchase agreement entered into pursuant to this paragraph (e) may contain any of the terms and conditions which a master lease-purchase agreement may contain under the provisions of Section 31-7-10(5), and shall contain an annual allocation dependency clause substantially similar to that set forth in Section 31-7-10(8). Each agency or governing authority entering into a lease-purchase transaction pursuant to this paragraph (e) shall maintain with respect to each such lease-purchase transaction the same information as required to be maintained by the Department of Finance and Administration pursuant to Section 31-7-10(13). However, nothing contained in this section shall be construed to permit agencies to acquire items of equipment with a total acquisition cost in the aggregate of less than Ten Thousand Dollars ($10,000.00) by a single lease-purchase transaction. All equipment, and the purchase thereof by any lessor, acquired by lease-purchase under this paragraph and all lease-purchase payments with respect thereto shall be exempt from all Mississippi sales, use and ad valorem taxes. Interest paid on any lease-purchase agreement under this section shall be exempt from State of Mississippi income taxation. |
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| 380 | 380 | | |
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| 381 | 381 | | (f) Alternate bid authorization. When necessary to ensure ready availability of commodities for public works and the timely completion of public projects, no more than two (2) alternate bids may be accepted by a governing authority for commodities. No purchases may be made through use of such alternate bids procedure unless the lowest and best bidder cannot deliver the commodities contained in his bid. In that event, purchases of such commodities may be made from one (1) of the bidders whose bid was accepted as an alternate. |
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| 382 | 382 | | |
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| 383 | 383 | | (g) Construction contract change authorization. In the event a determination is made by an agency or governing authority after a construction contract is let that changes or modifications to the original contract are necessary or would better serve the purpose of the agency or the governing authority, such agency or governing authority may, in its discretion, order such changes pertaining to the construction that are necessary under the circumstances without the necessity of further public bids; provided that such change shall be made in a commercially reasonable manner and shall not be made to circumvent the public purchasing statutes. In addition to any other authorized person, the architect or engineer hired by an agency or governing authority with respect to any public construction contract shall have the authority, when granted by an agency or governing authority, to authorize changes or modifications to the original contract without the necessity of prior approval of the agency or governing authority when any such change or modification is less than one percent (1%) of the total contract amount. The agency or governing authority may limit the number, manner or frequency of such emergency changes or modifications. |
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| 384 | 384 | | |
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| 385 | 385 | | (h) Petroleum purchase alternative. In addition to other methods of purchasing authorized in this chapter, when any agency or governing authority shall have a need for gas, diesel fuel, oils and/or other petroleum products in excess of the amount set forth in paragraph (a) of this section, such agency or governing authority may purchase the commodity after having solicited and obtained at least two (2) competitive written bids, as defined in paragraph (b) of this section. If two (2) competitive written bids are not obtained, the entity shall comply with the procedures set forth in paragraph (c) of this section. In the event any agency or governing authority shall have advertised for bids for the purchase of gas, diesel fuel, oils and other petroleum products and coal and no acceptable bids can be obtained, such agency or governing authority is authorized and directed to enter into any negotiations necessary to secure the lowest and best contract available for the purchase of such commodities. |
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| 386 | 386 | | |
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| 387 | 387 | | (i) Road construction petroleum products price adjustment clause authorization. Any agency or governing authority authorized to enter into contracts for the construction, maintenance, surfacing or repair of highways, roads or streets, may include in its bid proposal and contract documents a price adjustment clause with relation to the cost to the contractor, including taxes, based upon an industry-wide cost index, of petroleum products including asphalt used in the performance or execution of the contract or in the production or manufacture of materials for use in such performance. Such industry-wide index shall be established and published monthly by the Mississippi Department of Transportation with a copy thereof to be mailed, upon request, to the clerks of the governing authority of each municipality and the clerks of each board of supervisors throughout the state. The price adjustment clause shall be based on the cost of such petroleum products only and shall not include any additional profit or overhead as part of the adjustment. The bid proposals or document contract shall contain the basis and methods of adjusting unit prices for the change in the cost of such petroleum products. |
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| 388 | 388 | | |
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| 389 | 389 | | (j) State agency emergency purchase procedure. If the governing board or the executive head, or his designees, of any agency of the state shall determine that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interests of the state, then the head of such agency, or his designees, shall file with the Department of Finance and Administration (i) a statement explaining the conditions and circumstances of the emergency, which shall include a detailed description of the events leading up to the situation and the negative impact to the entity if the purchase is made following the statutory requirements set forth in paragraph (a), (b) or (c) of this section, and (ii) a certified copy of the appropriate minutes of the board of such agency requesting the emergency purchase, if applicable. Upon receipt of the statement and applicable board certification, the State Fiscal Officer, or his designees, may, in writing, authorize the purchase or repair without having to comply with competitive bidding requirements. |
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| 390 | 390 | | |
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| 391 | 391 | | If the governing board or the executive head, or his designees, of any agency determines that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would threaten the health or safety of any person, or the preservation or protection of property, then the provisions in this section for competitive bidding shall not apply, and any officer or agent of the agency having general or specific authority for making the purchase or repair contract shall approve the bill presented for payment, and he shall certify in writing from whom the purchase was made, or with whom the repair contract was made. |
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| 392 | 392 | | |
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| 393 | 393 | | Total purchases made under this paragraph (j) shall only be for the purpose of meeting needs created by the emergency situation. Following the emergency purchase, documentation of the purchase, including a description of the commodity purchased, the purchase price thereof and the nature of the emergency shall be filed with the Department of Finance and Administration. Any contract awarded pursuant to this paragraph (j) shall not exceed a term of one (1) year. |
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| 394 | 394 | | |
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| 395 | 395 | | Purchases under the grant program established under Section 37-68-7 in response to COVID-19 and the directive that school districts create a distance learning plan and fulfill technology needs expeditiously shall be deemed an emergency purchase for purposes of this paragraph (j). |
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| 396 | 396 | | |
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| 397 | 397 | | (k) Governing authority emergency purchase procedure. If the governing authority, or the governing authority acting through its designee, shall determine that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interest of the governing authority, then the provisions herein for competitive bidding shall not apply and any officer or agent of such governing authority having general or special authority therefor in making such purchase or repair shall approve the bill presented therefor, and he shall certify in writing thereon from whom such purchase was made, or with whom such a repair contract was made. At the board meeting next following the emergency purchase or repair contract, documentation of the purchase or repair contract, including a description of the commodity purchased, the price thereof and the nature of the emergency shall be presented to the board and shall be placed on the minutes of the board of such governing authority. Purchases under the grant program established under Section 37-68-7 in response to COVID-19 and the directive that school districts create a distance learning plan and fulfill technology needs expeditiously shall be deemed an emergency purchase for purposes of this paragraph (k). |
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| 398 | 398 | | |
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| 399 | 399 | | (l) Hospital purchase, lease-purchase and lease authorization. |
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| 400 | 400 | | |
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| 401 | 401 | | (i) The commissioners or board of trustees of any public hospital may contract with such lowest and best bidder for the purchase or lease-purchase of any commodity under a contract of purchase or lease-purchase agreement whose obligatory payment terms do not exceed five (5) years. |
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| 402 | 402 | | |
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| 403 | 403 | | (ii) In addition to the authority granted in subparagraph (i) of this paragraph (l), the commissioners or board of trustees is authorized to enter into contracts for the lease of equipment or services, or both, which it considers necessary for the proper care of patients if, in its opinion, it is not financially feasible to purchase the necessary equipment or services. Any such contract for the lease of equipment or services executed by the commissioners or board shall not exceed a maximum of five (5) years' duration and shall include a cancellation clause based on unavailability of funds. If such cancellation clause is exercised, there shall be no further liability on the part of the lessee. Any such contract for the lease of equipment or services executed on behalf of the commissioners or board that complies with the provisions of this subparagraph (ii) shall be excepted from the bid requirements set forth in this section. |
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| 404 | 404 | | |
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| 405 | 405 | | (m) Exceptions from bidding requirements. Excepted from bid requirements are: |
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| 406 | 406 | | |
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| 407 | 407 | | (i) Purchasing agreements approved by department. Purchasing agreements, contracts and maximum price regulations executed or approved by the Department of Finance and Administration. |
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| 408 | 408 | | |
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| 409 | 409 | | (ii) Outside equipment repairs. Repairs to equipment, when such repairs are made by repair facilities in the private sector; however, engines, transmissions, rear axles and/or other such components shall not be included in this exemption when replaced as a complete unit instead of being repaired and the need for such total component replacement is known before disassembly of the component; however, invoices identifying the equipment, specific repairs made, parts identified by number and name, supplies used in such repairs, and the number of hours of labor and costs therefor shall be required for the payment for such repairs. |
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| 410 | 410 | | |
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| 411 | 411 | | (iii) In-house equipment repairs. Purchases of parts for repairs to equipment, when such repairs are made by personnel of the agency or governing authority; however, entire assemblies, such as engines or transmissions, shall not be included in this exemption when the entire assembly is being replaced instead of being repaired. |
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| 412 | 412 | | |
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| 413 | 413 | | (iv) Raw gravel or dirt. Raw unprocessed deposits of gravel or fill dirt which are to be removed and transported by the purchaser. |
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| 414 | 414 | | |
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| 415 | 415 | | (v) Governmental equipment auctions. Motor vehicles or other equipment purchased from a federal agency or authority, another governing authority or state agency of the State of Mississippi, or any governing authority or state agency of another state at a public auction held for the purpose of disposing of such vehicles or other equipment. Any purchase by a governing authority under the exemption authorized by this subparagraph (v) shall require advance authorization spread upon the minutes of the governing authority to include the listing of the item or items authorized to be purchased and the maximum bid authorized to be paid for each item or items. |
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| 416 | 416 | | |
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| 417 | 417 | | (vi) Intergovernmental sales and transfers. Purchases, sales, transfers or trades by governing authorities or state agencies when such purchases, sales, transfers or trades are made by a private treaty agreement or through means of negotiation, from any federal agency or authority, another governing authority or state agency of the State of Mississippi, or any state agency or governing authority of another state. Nothing in this section shall permit such purchases through public auction except as provided for in subparagraph (v) of this paragraph (m). It is the intent of this section to allow governmental entities to dispose of and/or purchase commodities from other governmental entities at a price that is agreed to by both parties. This shall allow for purchases and/or sales at prices which may be determined to be below the market value if the selling entity determines that the sale at below market value is in the best interest of the taxpayers of the state. Governing authorities shall place the terms of the agreement and any justification on the minutes, and state agencies shall obtain approval from the Department of Finance and Administration, prior to releasing or taking possession of the commodities. |
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| 418 | 418 | | |
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| 419 | 419 | | (vii) Perishable supplies or food. Perishable supplies or food purchased for use in connection with hospitals, the school lunch programs, homemaking programs and for the feeding of county or municipal prisoners. |
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| 420 | 420 | | |
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| 421 | 421 | | (viii) Single-source items. Noncompetitive items available from one (1) source only. In connection with the purchase of noncompetitive items only available from one (1) source, a certification of the conditions and circumstances requiring the purchase shall be filed by the agency with the Department of Finance and Administration and by the governing authority with the board of the governing authority. Upon receipt of that certification the Department of Finance and Administration or the board of the governing authority, as the case may be, may, in writing, authorize the purchase, which authority shall be noted on the minutes of the body at the next regular meeting thereafter. In those situations, a governing authority is not required to obtain the approval of the Department of Finance and Administration. Following the purchase, the executive head of the state agency, or his designees, shall file with the Department of Finance and Administration, documentation of the purchase, including a description of the commodity purchased, the purchase price thereof and the source from whom it was purchased. |
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| 422 | 422 | | |
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| 423 | 423 | | (ix) Waste disposal facility construction contracts. Construction of incinerators and other facilities for disposal of solid wastes in which products either generated therein, such as steam, or recovered therefrom, such as materials for recycling, are to be sold or otherwise disposed of; however, in constructing such facilities, a governing authority or agency shall publicly issue requests for proposals, advertised for in the same manner as provided herein for seeking bids for public construction projects, concerning the design, construction, ownership, operation and/or maintenance of such facilities, wherein such requests for proposals when issued shall contain terms and conditions relating to price, financial responsibility, technology, environmental compatibility, legal responsibilities and such other matters as are determined by the governing authority or agency to be appropriate for inclusion; and after responses to the request for proposals have been duly received, the governing authority or agency may select the most qualified proposal or proposals on the basis of price, technology and other relevant factors and from such proposals, but not limited to the terms thereof, negotiate and enter contracts with one or more of the persons or firms submitting proposals. |
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| 424 | 424 | | |
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| 425 | 425 | | (x) Hospital group purchase contracts. Supplies, commodities and equipment purchased by hospitals through group purchase programs pursuant to Section 31-7-38. |
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| 426 | 426 | | |
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| 427 | 427 | | (xi) Information technology products. Purchases of information technology products made by governing authorities under the provisions of purchase schedules, or contracts executed or approved by the Mississippi Department of Information Technology Services and designated for use by governing authorities. However, the purchase of a web-based application for Mississippi Youth Court Information Delivery System (MYCIDS) for a multiyear contract or service agreement that is made by a court or county board of supervisors shall be governed by Section 1 of this act and shall not be exempt from competitive bidding. |
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| 428 | 428 | | |
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| 429 | 429 | | (xii) Energy efficiency services and equipment. Energy efficiency services and equipment acquired by school districts, community and junior colleges, institutions of higher learning and state agencies or other applicable governmental entities on a shared-savings, lease or lease-purchase basis pursuant to Section 31-7-14. |
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| 430 | 430 | | |
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| 431 | 431 | | (xiii) Municipal electrical utility system fuel. Purchases of coal and/or natural gas by municipally owned electric power generating systems that have the capacity to use both coal and natural gas for the generation of electric power. |
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| 432 | 432 | | |
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| 433 | 433 | | (xiv) Library books and other reference materials. Purchases by libraries or for libraries of books and periodicals; processed film, videocassette tapes, filmstrips and slides; recorded audiotapes, cassettes and diskettes; and any such items as would be used for teaching, research or other information distribution; however, equipment such as projectors, recorders, audio or video equipment, and monitor televisions are not exempt under this subparagraph. |
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| 434 | 434 | | |
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| 435 | 435 | | (xv) Unmarked vehicles. Purchases of unmarked vehicles when such purchases are made in accordance with purchasing regulations adopted by the Department of Finance and Administration pursuant to Section 31-7-9(2). |
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| 436 | 436 | | |
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| 437 | 437 | | (xvi) Election ballots. Purchases of ballots printed pursuant to Section 23-15-351. |
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| 438 | 438 | | |
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| 439 | 439 | | (xvii) Multichannel interactive video systems. From and after July 1, 1990, contracts by Mississippi Authority for Educational Television with any private educational institution or private nonprofit organization whose purposes are educational in regard to the construction, purchase, lease or lease-purchase of facilities and equipment and the employment of personnel for providing multichannel interactive video systems (ITSF) in the school districts of this state. |
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| 440 | 440 | | |
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| 441 | 441 | | (xviii) Purchases of prison industry products by the Department of Corrections, regional correctional facilities or privately owned prisons. Purchases made by the Mississippi Department of Corrections, regional correctional facilities or privately owned prisons involving any item that is manufactured, processed, grown or produced from the state's prison industries. |
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| 442 | 442 | | |
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| 443 | 443 | | (xix) Undercover operations equipment. Purchases of surveillance equipment or any other high-tech equipment to be used by law enforcement agents in undercover operations, provided that any such purchase shall be in compliance with regulations established by the Department of Finance and Administration. |
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| 444 | 444 | | |
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| 445 | 445 | | (xx) Junior college books for rent. Purchases by community or junior colleges of textbooks which are obtained for the purpose of renting such books to students as part of a book service system. |
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| 446 | 446 | | |
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| 447 | 447 | | (xxi) Certain school district purchases. Purchases of commodities made by school districts from vendors with which any levying authority of the school district, as defined in Section 37-57-1, has contracted through competitive bidding procedures for purchases of the same commodities. |
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| 448 | 448 | | |
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| 449 | 449 | | (xxii) Garbage, solid waste and sewage contracts. Contracts for garbage collection or disposal, contracts for solid waste collection or disposal and contracts for sewage collection or disposal. |
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| 450 | 450 | | |
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| 451 | 451 | | (xxiii) Municipal water tank maintenance contracts. Professional maintenance program contracts for the repair or maintenance of municipal water tanks, which provide professional services needed to maintain municipal water storage tanks for a fixed annual fee for a duration of two (2) or more years. |
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| 452 | 452 | | |
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| 453 | 453 | | (xxiv) Purchases of Mississippi Industries for the Blind products or services. Purchases made by state agencies or governing authorities involving any item that is manufactured, processed or produced by, or any services provided by, the Mississippi Industries for the Blind. |
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| 454 | 454 | | |
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| 455 | 455 | | (xxv) Purchases of state-adopted textbooks. Purchases of state-adopted textbooks by public school districts. |
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| 456 | 456 | | |
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| 457 | 457 | | (xxvi) Certain purchases under the Mississippi Major Economic Impact Act. Contracts entered into pursuant to the provisions of Section 57-75-9(2), (3) and (4). |
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| 458 | 458 | | |
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| 459 | 459 | | (xxvii) Used heavy or specialized machinery or equipment for installation of soil and water conservation practices purchased at auction. Used heavy or specialized machinery or equipment used for the installation and implementation of soil and water conservation practices or measures purchased subject to the restrictions provided in Sections 69-27-331 through 69-27-341. Any purchase by the State Soil and Water Conservation Commission under the exemption authorized by this subparagraph shall require advance authorization spread upon the minutes of the commission to include the listing of the item or items authorized to be purchased and the maximum bid authorized to be paid for each item or items. |
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| 460 | 460 | | |
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| 461 | 461 | | (xxviii) Hospital lease of equipment or services. Leases by hospitals of equipment or services if the leases are in compliance with paragraph (l)(ii). |
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| 462 | 462 | | |
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| 463 | 463 | | (xxix) Purchases made pursuant to qualified cooperative purchasing agreements. Purchases made by certified purchasing offices of state agencies or governing authorities under cooperative purchasing agreements previously approved by the Office of Purchasing and Travel and established by or for any municipality, county, parish or state government or the federal government, provided that the notification to potential contractors includes a clause that sets forth the availability of the cooperative purchasing agreement to other governmental entities. Such purchases shall only be made if the use of the cooperative purchasing agreements is determined to be in the best interest of the governmental entity. |
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| 464 | 464 | | |
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| 465 | 465 | | (xxx) School yearbooks. Purchases of school yearbooks by state agencies or governing authorities; however, state agencies and governing authorities shall use for these purchases the RFP process as set forth in the Mississippi Procurement Manual adopted by the Office of Purchasing and Travel. |
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| 466 | 466 | | |
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| 467 | 467 | | (xxxi) Design-build method of contracting and certain other contracts. Contracts entered into under the provisions of Section 31-7-13.1, 37-101-44 or 65-1-85. |
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| 468 | 468 | | |
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| 469 | 469 | | (xxxii) Toll roads and bridge construction projects. Contracts entered into under the provisions of Section 65-43-1 or 65-43-3. |
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| 470 | 470 | | |
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| 471 | 471 | | (xxxiii) Certain purchases under Section 57-1-221. Contracts entered into pursuant to the provisions of Section 57-1-221. |
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| 472 | 472 | | |
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| 473 | 473 | | (xxxiv) Certain transfers made pursuant to the provisions of Section 57-105-1(7). Transfers of public property or facilities under Section 57-105-1(7) and construction related to such public property or facilities. |
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| 474 | 474 | | |
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| 475 | 475 | | (xxxv) Certain purchases or transfers entered into with local electrical power associations. Contracts or agreements entered into under the provisions of Section 55-3-33. |
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| 476 | 476 | | |
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| 477 | 477 | | (xxxvi) Certain purchases by an academic medical center or health sciences school. Purchases by an academic medical center or health sciences school, as defined in Section 37-115-50, of commodities that are used for clinical purposes and 1. intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease, and 2. medical devices, biological, drugs and radiation-emitting devices as defined by the United States Food and Drug Administration. |
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| 478 | 478 | | |
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| 479 | 479 | | (xxxvii) Certain purchases made under the Alyce G. Clarke Mississippi Lottery Law. Contracts made by the Mississippi Lottery Corporation pursuant to the Alyce G. Clarke Mississippi Lottery Law. |
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| 480 | 480 | | |
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| 481 | 481 | | (xxxviii) Certain purchases made by the Department of Health and the Department of Revenue. Purchases made by the Department of Health and the Department of Revenue solely for the purpose of fulfilling their respective responsibilities under the Mississippi Medical Cannabis Act. This subparagraph shall stand repealed on June 30, 2026. |
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| 482 | 482 | | |
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| 483 | 483 | | (xxxix) Purchases made by state agencies related to museum exhibits. Purchases made by an agency related to the fabrication, construction, installation or refurbishing of museum exhibits. An agency making a purchase under this exemption in excess of the bid threshold set forth in paragraph (c) of this section shall publicly advertise a Request for Qualifications or Request for Proposals in which price as an evaluation factor is at least twenty percent (20%) out of the one hundred percent (100%) total weight, but shall be otherwise exempt. Any contract arising from a purchase using this exemption must be approved by the Public Procurement Review Board prior to execution by the agency. The agency shall submit a written report on December 1 of each year to the Chairs of the Senate and House Appropriations Committees, the Chairs of the Senate and House Accountability, Efficiency and Transparency Committees and the Chair of the Public Procurement Review Board, identifying all purchases made by the agency using this exemption in which the cost of the option selected by the agency was more than twenty-five percent (25%) higher than the lowest cost option available. |
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| 484 | 484 | | |
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| 485 | 485 | | (n) Term contract authorization. All contracts for the purchase of: |
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| 486 | 486 | | |
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| 487 | 487 | | (i) All contracts for the purchase of commodities, equipment and public construction (including, but not limited to, repair and maintenance), may be let for periods of not more than sixty (60) months in advance, subject to applicable statutory provisions prohibiting the letting of contracts during specified periods near the end of terms of office. Term contracts for a period exceeding twenty-four (24) months shall also be subject to ratification or cancellation by governing authority boards taking office subsequent to the governing authority board entering the contract. |
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| 488 | 488 | | |
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| 489 | 489 | | (ii) Bid proposals and contracts may include price adjustment clauses with relation to the cost to the contractor based upon a nationally published industry-wide or nationally published and recognized cost index. The cost index used in a price adjustment clause shall be determined by the Department of Finance and Administration for the state agencies and by the governing board for governing authorities. The bid proposal and contract documents utilizing a price adjustment clause shall contain the basis and method of adjusting unit prices for the change in the cost of such commodities, equipment and public construction. |
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| 490 | 490 | | |
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| 491 | 491 | | (o) Purchase law violation prohibition and vendor penalty. No contract or purchase as herein authorized shall be made for the purpose of circumventing the provisions of this section requiring competitive bids, nor shall it be lawful for any person or concern to submit individual invoices for amounts within those authorized for a contract or purchase where the actual value of the contract or commodity purchased exceeds the authorized amount and the invoices therefor are split so as to appear to be authorized as purchases for which competitive bids are not required. Submission of such invoices shall constitute a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for thirty (30) days in the county jail, or both such fine and imprisonment. In addition, the claim or claims submitted shall be forfeited. |
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| 492 | 492 | | |
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| 493 | 493 | | (p) Electrical utility petroleum-based equipment purchase procedure. When in response to a proper advertisement therefor, no bid firm as to price is submitted to an electric utility for power transformers, distribution transformers, power breakers, reclosers or other articles containing a petroleum product, the electric utility may accept the lowest and best bid therefor although the price is not firm. |
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| 494 | 494 | | |
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| 495 | 495 | | (q) Fuel management system bidding procedure. Any governing authority or agency of the state shall, before contracting for the services and products of a fuel management or fuel access system, enter into negotiations with not fewer than two (2) sellers of fuel management or fuel access systems for competitive written bids to provide the services and products for the systems. In the event that the governing authority or agency cannot locate two (2) sellers of such systems or cannot obtain bids from two (2) sellers of such systems, it shall show proof that it made a diligent, good-faith effort to locate and negotiate with two (2) sellers of such systems. Such proof shall include, but not be limited to, publications of a request for proposals and letters soliciting negotiations and bids. For purposes of this paragraph (q), a fuel management or fuel access system is an automated system of acquiring fuel for vehicles as well as management reports detailing fuel use by vehicles and drivers, and the term "competitive written bid" shall have the meaning as defined in paragraph (b) of this section. Governing authorities and agencies shall be exempt from this process when contracting for the services and products of fuel management or fuel access systems under the terms of a state contract established by the Office of Purchasing and Travel. |
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| 496 | 496 | | |
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| 497 | 497 | | (r) Solid waste contract proposal procedure. Before entering into any contract for garbage collection or disposal, contract for solid waste collection or disposal or contract for sewage collection or disposal, which involves an expenditure of more than Seventy-five Thousand Dollars ($75,000.00), a governing authority or agency shall issue publicly a request for proposals concerning the specifications for such services which shall be advertised for in the same manner as provided in this section for seeking bids for purchases which involve an expenditure of more than the amount provided in paragraph (c) of this section. Any request for proposals when issued shall contain terms and conditions relating to price, financial responsibility, technology, legal responsibilities and other relevant factors as are determined by the governing authority or agency to be appropriate for inclusion; all factors determined relevant by the governing authority or agency or required by this paragraph (r) shall be duly included in the advertisement to elicit proposals. After responses to the request for proposals have been duly received, the governing authority or agency shall select the most qualified proposal or proposals on the basis of price, technology and other relevant factors and from such proposals, but not limited to the terms thereof, negotiate and enter into contracts with one or more of the persons or firms submitting proposals. If the governing authority or agency deems none of the proposals to be qualified or otherwise acceptable, the request for proposals process may be reinitiated. Notwithstanding any other provisions of this paragraph, where a county with at least thirty-five thousand (35,000) nor more than forty thousand (40,000) population, according to the 1990 federal decennial census, owns or operates a solid waste landfill, the governing authorities of any other county or municipality may contract with the governing authorities of the county owning or operating the landfill, pursuant to a resolution duly adopted and spread upon the minutes of each governing authority involved, for garbage or solid waste collection or disposal services through contract negotiations. |
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| 498 | 498 | | |
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| 499 | 499 | | (s) Minority set-aside authorization. Notwithstanding any provision of this section to the contrary, any agency or governing authority, by order placed on its minutes, may, in its discretion, set aside not more than twenty percent (20%) of its anticipated annual expenditures for the purchase of commodities from minority businesses; however, all such set-aside purchases shall comply with all purchasing regulations promulgated by the Department of Finance and Administration and shall be subject to bid requirements under this section. Set-aside purchases for which competitive bids are required shall be made from the lowest and best minority business bidder. For the purposes of this paragraph, the term "minority business" means a business which is owned by a majority of persons who are United States citizens or permanent resident aliens (as defined by the Immigration and Naturalization Service) of the United States, and who are Asian, Black, Hispanic or Native American, according to the following definitions: |
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| 500 | 500 | | |
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| 501 | 501 | | (i) "Asian" means persons having origins in any of the original people of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. |
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| 502 | 502 | | |
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| 503 | 503 | | (ii) "Black" means persons having origins in any black racial group of Africa. |
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| 504 | 504 | | |
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| 505 | 505 | | (iii) "Hispanic" means persons of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race. |
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| 506 | 506 | | |
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| 507 | 507 | | (iv) "Native American" means persons having origins in any of the original people of North America, including American Indians, Eskimos and Aleuts. |
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| 508 | 508 | | |
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| 509 | 509 | | (t) Construction punch list restriction. The architect, engineer or other representative designated by the agency or governing authority that is contracting for public construction or renovation may prepare and submit to the contractor only one (1) preliminary punch list of items that do not meet the contract requirements at the time of substantial completion and one (1) final list immediately before final completion and final payment. |
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| 510 | 510 | | |
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| 511 | 511 | | (u) Procurement of construction services by state institutions of higher learning. Contracts for privately financed construction of auxiliary facilities on the campus of a state institution of higher learning may be awarded by the Board of Trustees of State Institutions of Higher Learning to the lowest and best bidder, where sealed bids are solicited, or to the offeror whose proposal is determined to represent the best value to the citizens of the State of Mississippi, where requests for proposals are solicited. |
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| 512 | 512 | | |
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| 513 | 513 | | (v) Insurability of bidders for public construction or other public contracts. In any solicitation for bids to perform public construction or other public contracts to which this section applies, including, but not limited to, contracts for repair and maintenance, for which the contract will require insurance coverage in an amount of not less than One Million Dollars ($1,000,000.00), bidders shall be permitted to either submit proof of current insurance coverage in the specified amount or demonstrate ability to obtain the required coverage amount of insurance if the contract is awarded to the bidder. Proof of insurance coverage shall be submitted within five (5) business days from bid acceptance. |
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| 514 | 514 | | |
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| 515 | 515 | | (w) Purchase authorization clarification. Nothing in this section shall be construed as authorizing any purchase not authorized by law. |
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| 516 | 516 | | |
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| 517 | 517 | | (x) Mississippi Regional Pre-Need Disaster Clean Up Act. (i) The Department of Finance and Administration shall develop and implement a process that creates a preferred vendor list for both disaster debris removal and monitoring. |
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| 518 | 518 | | |
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| 519 | 519 | | (ii) Any board of supervisors of any county or any governing authority of any municipality may opt in to the benefits and services provided under the appropriate and relevant contract established in subparagraph (i) of this paragraph at the time of a disaster event in that county or municipality. At the time of opt in, the county or municipality shall assume responsibility for payment in full to the contractor for the disaster-related solid waste collection, disposal or monitoring services provided. Nothing in this subparagraph (ii) shall be construed as requiring a county or municipality to opt in to any such contract established in subparagraph (i) of this paragraph. |
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| 520 | 520 | | |
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| 521 | 521 | | SECTION 11. Section 9-21-71, Mississippi Code of 1972, is amended as follows: |
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| 522 | 522 | | |
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| 523 | 523 | | 9-21-71. The following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise: |
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| 524 | 524 | | |
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| 525 | 525 | | (a) "Limited English Proficient (LEP) individual" means any party * * * or, witness or participant who cannot readily understand or communicate in spoken English or who does not speak English as his or her primary language and who consequently has a limited ability to read, speak, write or understand English and cannot equally participate in or benefit from the proceedings unless an interpreter is available to assist the individual. The fact that an individual is a person for whom English is a second language * * *knows some English does not prohibit that individual from being allowed to have an interpreter. |
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| 526 | 526 | | |
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| 527 | 527 | | (b) "Court interpreter" means any person authorized by a court who is competent to translate or interpret oral or written communication in a foreign language during court proceedings. A court interpreter may be one (1) of the following: |
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| 528 | 528 | | |
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| 529 | 529 | | (i) "Certified court interpreter," which means an interpreter who successfully has met all requirements promulgated by the Administrative Office of Courts to be designated a registered court interpreter and has scored at least seventy percent (70%) on each of the three (3) sections of an approved criterion-referenced oral performance examination. |
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| 530 | 530 | | |
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| 531 | 531 | | (ii) "Registered court interpreter," which means an interpreter who has: |
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| 532 | 532 | | |
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| 533 | 533 | | 1. Attended an approved two-day, fourteen-hour ethics and skill building workshop; |
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| 534 | 534 | | |
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| 535 | 535 | | 2. Passed an approved criterion-referenced written examination with a minimum overall score of eighty percent (80%); |
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| 536 | 536 | | |
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| 537 | 537 | | 3. Submitted to a criminal background check; |
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| 538 | 538 | | |
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| 539 | 539 | | 4. Provided verification of legal right to work in the United States; |
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| 540 | 540 | | |
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| 541 | 541 | | 5. Executed the Interpreter Oath; and |
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| 542 | 542 | | |
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| 543 | 543 | | 6. Satisfied any additional requirements that the Administrative Office of Courts may establish * * *in order to be listed as a registered court interpreter on the Roster. |
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| 544 | 544 | | |
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| 545 | 545 | | (iii) "Noncredentialed interpreter," which means an interpreter who has not met the requirements promulgated by the Administrative Office of Courts to be classified as a registered or certified court interpreter and therefore, is not listed on the Roster. |
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| 546 | 546 | | |
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| 547 | 547 | | (c) "Court proceedings" means a proceeding before any court of this state or a grand jury hearing, including all civil and criminal hearings and trials. |
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| 548 | 548 | | |
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| 549 | 549 | | (d) "Interpretation" means the accurate and complete unrehearsed transmission of an oral message from one (1) language to an oral message in another language. Interpretation may be one (1) of the following: |
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| 550 | 550 | | |
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| 551 | 551 | | (i) "Consecutive interpretation," which means providing the target-language message after the speaker has finished speaking. |
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| 552 | 552 | | |
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| 553 | 553 | | (ii) "Sight translation," which means oral translation of a written document. |
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| 554 | 554 | | |
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| 555 | 555 | | (iii) "Simultaneous interpretation," which means providing the target-language message at approximately the same time the source-language message is being produced. |
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| 556 | 556 | | |
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| 557 | 557 | | (e) "Source language" means the input language requiring interpretation. |
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| 558 | 558 | | |
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| 559 | 559 | | (f) "Target language" means the output language into which the utterance is being interpreted. |
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| 560 | 560 | | |
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| 561 | 561 | | (g) "Translation" means the process of translating text from one (1) language to another to maintain the original message and communication. |
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| 562 | 562 | | |
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| 563 | 563 | | SECTION 12. Section 9-21-73, Mississippi Code of 1972, is amended as follows: |
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| 564 | 564 | | |
|---|
| 565 | 565 | | 9-21-73. (1) The Administrative Office of Courts shall establish a program for language access and to facilitate the use of interpreters in all courts of the State of Mississippi. |
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| 566 | 566 | | |
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| 567 | 567 | | (2) (a) The Administrative Office of Courts shall prescribe the qualifications of and qualify persons who may serve as credentialed court interpreters in all courts of the State of Mississippi. The Administrative Office of Courts may set and charge a reasonable fee for credentialing. |
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| 568 | 568 | | |
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| 569 | 569 | | (b) The Administrative Office of Courts shall maintain a current master list of all credentialed court interpreters (the "Roster"). |
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| 570 | 570 | | |
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| 571 | 571 | | (3) In all bilingual proceedings, the presiding judicial officer, with the assistance of the Administrative Office of Courts, shall utilize the services of an interpreter to communicate all spoken or written words * * * when the necessity therefor has been determined pursuant to Section 9‑21‑79. |
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| 572 | 572 | | |
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| 573 | 573 | | (4) A Limited English Proficient (LEP) individual is entitled to use an interpreter in any instance arising out of or pertaining to the individual's involvement in litigation. |
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| 574 | 574 | | |
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| 575 | 575 | | (5) All courts shall maintain on file in the office of the clerk of the court a list of all persons who have been credentialed as court interpreters in accordance with the Administrative Office of Court's Credentialing Program established pursuant to this section. |
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| 576 | 576 | | |
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| 577 | 577 | | SECTION 13. Section 9-21-77, Mississippi Code of 1972, is amended as follows: |
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| 578 | 578 | | |
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| 579 | 579 | | 9-21-77. (1) Prior to providing any service to a Limited English Proficient (LEP) individual, the interpreter shall subscribe to an oath that he or she shall interpret all communications in an accurate manner to the best of his or her skill and knowledge. |
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| 580 | 580 | | |
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| 581 | 581 | | (2) The oath shall conform substantially to the following form: |
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| 582 | 582 | | |
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| 583 | 583 | | INTERPRETER'S OATH |
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| 584 | 584 | | |
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| 585 | 585 | | "Do you solemnly swear or affirm that you will faithfully interpret from (state the language) into English and from English into (state the language) * * *the proceedings before this court in an accurate manner to the accurately, completely and impartially, using your best * * *of your skill and * * *knowledge judgment in accordance with prescribed law, the Mississippi Rules on Standards for Court Interpreters, and the Mississippi Code of Ethics for Court Interpreters, and that you will discharge all the solemn duties and obligations of legal interpretation and translation?" |
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| 586 | 586 | | |
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| 587 | 587 | | (3) Interpreters shall not voluntarily disclose any admission or communication that is declared to be confidential or privileged under state law. Out-of-court disclosures made by a Limited English Proficient (LEP) individual communicating through an interpreter shall be treated by the interpreter as confidential or privileged or both unless the court orders the interpreter to disclose such communications or the Limited English Proficient (LEP) individual waives such confidentiality or privilege. |
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| 588 | 588 | | |
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| 589 | 589 | | (4) Interpreters shall not publicly discuss, report or offer an opinion concerning a matter in which they are engaged, even when that information is not privileged or required by law to be confidential. |
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| 590 | 590 | | |
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| 591 | 591 | | (5) The presence of an interpreter shall not affect the privileged nature of any discussion. |
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| 592 | 592 | | |
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| 593 | 593 | | SECTION 14. Section 9-21-79, Mississippi Code of 1972, is amended as follows: |
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| 594 | 594 | | |
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| 595 | 595 | | 9-21-79. (1) An interpreter is needed and a court interpreter shall be appointed when the judge determines * * *, after an examination of a party or witness, that: (a) * * *the a party, witness or participant cannot understand and speak English well enough to participate fully in the proceedings and to assist counsel; or (b) the witness cannot speak English so as to be understood directly by counsel, court and jury. |
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| 596 | 596 | | |
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| 597 | 597 | | (2) The court should examine a party or witness on the record to determine whether an interpreter is needed if: |
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| 598 | 598 | | |
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| 599 | 599 | | (a) A party or counsel requests such an examination; or |
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| 600 | 600 | | |
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| 601 | 601 | | (b) It appears to the court that the party or witness may not understand and speak English well enough to participate fully in the proceedings * * *; or. |
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| 602 | 602 | | |
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| 603 | 603 | | * * * (c) The party or witness requests an interpreter. The fact that a person for whom English is a second language knows some English does not prohibit that individual from being allowed to have an interpreter. |
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| 604 | 604 | | |
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| 605 | 605 | | (3) After the examination, the court should state its conclusion on the record, and the file in the case shall be clearly marked and data entered electronically when appropriate by court personnel to ensure that an interpreter will be present when needed in any subsequent hearing or instance arising out of the litigation. |
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| 606 | 606 | | |
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| 607 | 607 | | (4) * * *Upon a request by the Limited English Proficient (LEP) individual, by counsel, or by any other officer of the court, The court shall determine whether the interpreter provided is able to communicate accurately with and translate information to and from the Limited English Proficient (LEP) individual. If it is determined that the interpreter cannot perform these functions, the court shall provide the Limited English Proficient (LEP) individual with another interpreter. |
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| 608 | 608 | | |
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| 609 | 609 | | (5) Recognition of the need for a court interpreter may arise from a request by a party or counsel, the court's own voir dire of a party or witness, or disclosures made to the court by a party, counsel, court employee, or other person familiar with the ability or inability of the person to understand and communicate in English. |
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| 610 | 610 | | |
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| 611 | 611 | | (6) A Limited English Proficient (LEP) individual, at any point in a proceeding, may waive the services of a court interpreter. The waiver of the interpreter's services must be in writing in the person's native language. In addition, the waiver must be knowing and voluntary and with the approval of the court. Any deliberations made on matters of waiver or the retraction of a waiver must be made on the record. Granting a waiver under this subsection is a matter of judicial discretion. The waiver may be approved only after: |
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| 612 | 612 | | |
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| 613 | 613 | | (a) The court explains in open court to the LEP individual, through an interpreter, the nature and effect of the waiver; |
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| 614 | 614 | | |
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| 615 | 615 | | (b) The court determines in open court that the waiver has been made knowingly, intelligently and voluntarily; and |
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| 616 | 616 | | |
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| 617 | 617 | | (c) In a criminal matter, the court determines that the defendant has been afforded the opportunity to consult with the defendant's attorney regarding the waiver. |
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| 618 | 618 | | |
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| 619 | 619 | | (7) At any point in the proceeding, the LEP individual may retract the waiver and request an interpreter. |
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| 620 | 620 | | |
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| 621 | 621 | | SECTION 15. Section 9-21-80, Mississippi Code of 1972, is amended as follows: |
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| 622 | 622 | | |
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| 623 | 623 | | 9-21-80. (1) The court shall appoint an interpreter in the following order of preference: |
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| 624 | 624 | | |
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| 625 | 625 | | (a) Certified court interpreter. |
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| 626 | 626 | | |
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| 627 | 627 | | (b) Registered court interpreter. |
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| 628 | 628 | | |
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| 629 | 629 | | (c) Noncredentialed interpreter. |
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| 630 | 630 | | |
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| 631 | 631 | | (2) A noncredentialed interpreter may be appointed if: |
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| 632 | 632 | | |
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| 633 | 633 | | (a) Neither a certified nor registered court interpreter reasonably is available; and |
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| 634 | 634 | | |
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| 635 | 635 | | (b) The court has evaluated the totality of the circumstances, including the gravity of the judicial proceeding and the potential penalty or consequence involved. |
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| 636 | 636 | | |
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| 637 | 637 | | (3) If the court appoints * * *a noncredentialed an interpreter who is not certified, the court must make the following findings on the record: |
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| 638 | 638 | | |
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| 639 | 639 | | (a) The proposed interpreter appears to have: (i) adequate language skills, knowledge of interpreting techniques, and familiarity with interpreting in a court setting; and (ii) read and understand, and agrees to abide by, the Mississippi Code of Ethics for Court Interpreters and the Mississippi Rules on Standards for Court Interpreters. |
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| 640 | 640 | | |
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| 641 | 641 | | (4) A summary of the efforts made to obtain a certified * * *or registered court interpreter, as well as a summary of the efforts to determine the capabilities of the proposed * * *noncredentialed interpreter, must be made in open court and placed on the record. |
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| 642 | 642 | | |
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| 643 | 643 | | (5) Each interpreter providing court interpreting services is subject to the ethical requirements set forth in the Mississippi Court Interpreter Credentialing Program without regard to whether or not the interpreter is listed on the Roster. |
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| 644 | 644 | | |
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| 645 | 645 | | SECTION 16. Section 9-21-81, Mississippi Code of 1972, is amended as follows: |
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| 646 | 646 | | |
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| 647 | 647 | | 9-21-81. (1) Any volunteer interpreter providing services under Sections 9-21-71 through 9-21-81 shall be paid reasonable expenses by the court. |
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| 648 | 648 | | |
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| 649 | 649 | | (2) The expenses of providing an interpreter in any court proceeding or instance arising out of litigation must be payable out of the county or municipal treasury or any other source of funds available for this purpose at no cost to the litigant or the Limited English Proficient (LEP) party, witness or participant. |
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| 650 | 650 | | |
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| 651 | 651 | | SECTION 17. The following shall be codified as Section 9-21-82, Mississippi Code of 1972: |
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| 652 | 652 | | |
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| 653 | 653 | | 9-21-82. Each court in the State of Mississippi shall prepare and submit a report annually to the Administrative Office of Courts with information and plans concerning implementation of language access. The report must include, but is not limited to, the following: |
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| 654 | 654 | | |
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| 655 | 655 | | (a) The number of bilingual staff who are available to facilitate language access and the languages they facilitate; |
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| 656 | 656 | | |
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| 657 | 657 | | (b) A plan to address any insufficiency in its ability to provide language access; |
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| 658 | 658 | | |
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| 659 | 659 | | (c) A list of vital documents that the court has had translated and the language of the translation; |
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| 660 | 660 | | |
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| 661 | 661 | | (d) The number of times a court interpreter was utilized, what language was needed, and the total cost of utilizing court interpreters; and |
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| 662 | 662 | | |
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| 663 | 663 | | (e) A staff training plan related to language access, which plan must contain specific information regarding implementation, including the specific types of language services available and how the court will do all of the following: |
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| 664 | 664 | | |
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| 665 | 665 | | (i) Obtain language services internally or from vendors; |
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| 666 | 666 | | |
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| 667 | 667 | | (ii) Respond to callers with limited English proficiency; |
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| 668 | 668 | | |
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| 669 | 669 | | (iii) Respond to written communications from individuals with limited English proficiency; |
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| 670 | 670 | | |
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| 671 | 671 | | (iv) Respond to individuals with limited English proficiency who have in-person contact with staff; |
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| 672 | 672 | | |
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| 673 | 673 | | (v) Collect language data for all public encounters; and |
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| 674 | 674 | | |
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| 675 | 675 | | (vi) Indicate limited English proficiency status in data and information systems. |
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| 676 | 676 | | |
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| 677 | 677 | | SECTION 18. Section 99-17-7, Mississippi Code of 1972, is amended as follows: |
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| 678 | 678 | | |
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| 679 | 679 | | 99-17-7. In all criminal cases wherein * * *the a defendant, witness or participant is a Limited English Proficient (LEP) individual, the court shall appoint a qualified interpreter as provided in Section 9-21-80, sworn truly to interpret, and allow him a reasonable compensation, as set by the court, payable out of the county or municipal treasury or any other source of funds available for this purpose at no cost to the * * *defendant Limited English Proficient (LEP) party, witness or participant. |
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| 680 | 680 | | |
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| 681 | 681 | | SECTION 19. This act shall take effect and be in force from and after July 1, 2025. |
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