MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Universities and Colleges
By: Representative Snowden
AN ACT TO AMEND SECTION 17-25-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THE BOARDS OF TRUSTEES OF PUBLIC COMMUNITY AND JUNIOR COLLEGE DISTRICTS THE SAME METHODS OF DISPOSING OF PERSONAL OR REAL PROPERTY WHEN THE PROPERTY HAS CEASED TO BE USED FOR PUBLIC PURPOSES OR A SALE WOULD PROMOTE THE BEST INTEREST OF THE BOARD OF TRUSTEES; TO REPEAL SECTION 37-29-75, MISSISSIPPI CODE OF 1972, WHICH GOVERNS THE SALE OF SURPLUS PROPERTY OF A JUNIOR COLLEGE/COMMUNITY COLLEGE DISTRICT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-25-25, Mississippi Code of 1972, is amended as follows:
17-25-25. (1) General.
The governing authority of a county * * *, municipality or public community
or junior college district, which is the board of trustees, may sell or
dispose of any personal property or real property belonging to the governing
authority when the property has ceased to be used for public purposes or when,
in the authority's judgment, a sale thereof would promote the best interest of
the governing authority. For purposes of this section, the term "personal
property," includes, but is not limited to, equipment, vehicles, fixtures,
furniture, firearms and commodities.
(2) Public sale. At least ten (10) days before bid opening, the governing authority shall advertise its acceptance of bids by posting notices at three (3) public places located in the county or municipality that the governing authority serves, or in the county where the property of the public community or junior college district is located. One (1) of the three (3) notices shall be posted at the governing authority's main office. The governing authority may designate the manner by which the bids will be received, including, but not limited to, bids sealed in an envelope, bids made electronically or bids made by any other method that promotes open competition. The proceeds of the sale shall be placed in a properly approved depository to the credit of the proper fund.
(3) Private sale. Where the personal property does not exceed One Thousand Dollars ($1,000.00) in value, the governing authority, by a unanimous approval of its members, may sell or dispose of the property at a private sale. The proceeds of the sale shall be placed in a properly approved depository to the credit of the proper fund.
(4) Public auction.
The governing authority * * * of a county or municipality may sell or dispose of any
surplus personal or real property at a public auction that shall be conducted
by an auctioneer or auction company that meets the standards established by the
State Department of Audit and is hired by the governing authority * * *.
(5) If the governing authority finds that the fair market value of the personal property or real property is zero and this finding is entered on the minutes of the authority, then the governing authority may dispose of such property in the manner it deems appropriate and in its best interest, but no official or employee of the governing authority shall derive any personal economic benefit from such disposal.
(6) If the property may be of use or benefit to any federal agency or authority, another governing authority or state agency of the State of Mississippi, or a state agency or governing authority of another state, it may be disposed of in accordance with Section 31-7-13(m)(vi).
(7) Nothing contained in this section shall be construed to prohibit, restrict or to prescribe conditions with regard to the authority granted under Section 17-25-3 or under Section 37-7-551. The provisions of this section shall not apply to any equipment disposed of pursuant to trade-in as part of a purchase.
SECTION 2. Section 37-29-75, Mississippi Code of 1972, which governs the sale of surplus property of a junior college/community college district, is repealed.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.