MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Fees, Salaries and Administration

By: Senator(s) Harden

AN ACT TO AMEND SECTION 29-9-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY DEMAND BY THE STATE AUDITOR AGAINST THE HEAD OF A UNIVERSITY FOR RECOVERY OF THE VALUE OF MISSING PROPERTY SHALL NOT BE PERSONALLY BORNE BY SUCH INDIVIDUAL IF THE PROPERTY LOSS OCCURRED PRIOR TO HIS TERM OF OFFICE; 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. 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. Provided, however, that any such demand against the head of a state university shall not be personally borne by such individual if the property loss occurred prior to his term of office.

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