MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Appropriations

By: Representatives Wallace, Miller, Straughter, Thornton

AN ACT TO AMEND SECTION 29-9-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PRESIDENTS, CHANCELLORS AND DEPARTMENT HEADS OF THE STATE INSTITUTIONS OF HIGHER LEARNING SHALL NOT BE PERSONALLY LIABLE FOR THE INVENTORY OF THEIR RESPECTIVE INSTITUTIONS; 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 the 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; however, if the missing items are the property of a specific state institution of higher learning or a university branch, any demand against the president, chancellor or a department head of the state institution of higher learning shall be made against that person in his representative capacity only, and such individual shall not be personally liable for the value of the missing items.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.