MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Appropriations

By: Representative Green (72nd)

House Bill 499

AN ACT TO AMEND SECTION 29-9-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PRESIDENTS AND DEPARTMENT HEADS OF THE STATE INSTITUTIONS OF HIGHER LEARNING SHALL BE LIABLE FOR THE INVENTORY OF THEIR RESPECTIVE INSTITUTIONS IN THEIR REPRESENTATIVE CAPACITY ONLY AND NOT PERSONALLY LIABLE; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 29-9-17, Mississippi Code of 1972, is amended as follows:

29-9-17. (1) If any officer or employee of any state agency shall refuse or fail to make any inventory or supplemental inventory thereto as required herein, or to do so in the manner prescribed by the State Auditor, the State Auditor shall proceed to make, or cause to be made, the inventory or supplemental inventory; and the expense thereof shall be personally borne by said officer or employee, and he shall be responsible on his official bond for the payment of the expense.

(2) In the event that an examination conducted pursuant to Section 29-9-13 finds items that are included on an agency's inventory which are missing and otherwise unaccounted for, the State Auditor has the authority to proceed under the provisions of Section 7-7-211 to recover the value of the missing items. Except for the presidents and department heads of the state institutions of higher learning, the demand shall be made against the head of the agency, the agency's property officer and/or the appropriate officer or employee, if identified. The presidents and department heads of the state institutions of higher learning shall be liable for inventory at their respective institutions in their representative capacity only, and not personally.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.