MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Ways and Means

By: Representative Williams

AN ACT TO AMEND SECTION 29-9-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE STATE AGENCIES TO DONATE OR TRANSFER OBSOLETE OR UNNECESSARY PROPERTY TO ANY POLITICAL SUBDIVISION OR LOCAL GOVERNING AUTHORITY OF THE STATE OF MISSISSIPPI; AND FOR RELATED PURPOSES. 

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

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

29-9-9. (1) Whenever any vehicle, equipment, office furniture, office fixture, or any other personal property which has been acquired or is owned by any institution, department or agency of the State of Mississippi becomes obsolete or is no longer needed or required for the use of such institution, department or agency, the same may be: (a) sold for cash, transferred, traded or exchanged for other property, furniture, equipment, fixture or vehicle needed by said institution, department or agency after having first obtained the written approval of the Governor's Office of General Services and the State Auditor or approval by the Legislative Budget Office if utilized under the jurisdiction of the Legislature; or (b) donated to any institution, department or agency of the State of Mississippi, or any political subdivision or local governing authority of the state. The singular shall include the plural. Transfers, trades, exchanges or donations made pursuant to this subsection may be made to any political subdivision or local governing authority of the State of Mississippi.

(2) The proceeds of all cash sales made, as authorized in this section, shall be paid over into the support and maintenance or contingent fund of the institution, department or agency as it deems best.

(3) The head of each state institution, department or agency shall be responsible and liable personally and on his official bond, in the amount of the value shown on the state inventory, for the disposal of any property contrary to the provisions of this section.

(4) The Office of General Services, on the approval of the Public Procurement Review Board, is hereby authorized and empowered to make reasonable rules and regulations and to require such information as may be necessary to carry out the purpose and provisions of this section.

(5) Any violation of the provisions hereof by any elected head of any institution, department, commission or agency of the State of Mississippi, or any appointee or employee of any institution, department, agency or commission coming under the provisions of this section, shall constitute a misdemeanor and, upon conviction therefor, shall be punished by a fine of not exceeding One Thousand Dollars ($1,000.00) in addition to personal and official liability, as hereinabove provided.

(6)  * * * The disposal of any unneeded personal property at the project described in Section 57-75-5(f)(vii), may be made in accordance with the provisions of this section by the Mississippi Major Economic Impact Authority, with the consent of the Yellow Creek Regional Project Board as created in Section 57-75-29, under such rules and regulations as may be adopted by such authority. * * *

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.