MISSISSIPPI LEGISLATURE
2003 Regular Session
To: Municipalities; County Affairs
By: Representative Robertson
AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF ANY COUNTY AND THE GOVERNING AUTHORITIES OF ANY MUNICIPALITY TO SELL, LEASE OR CONVEY, WITH OR WITHOUT CONSIDERATION, SURPLUS REAL OR PERSONAL PROPERTY BELONGING TO THE COUNTY OR MUNICIPALITY, AND TO MAKE GIFTS, GRANTS AND DONATIONS, TO ANY NONPROFIT PRIMARY HEALTH CARE CLINIC FOR THE PURPOSE OF PROVIDING PRIMARY HEALTH CARE SERVICES TO RESIDENTS WHO ARE EMPLOYED OR TEMPORARILY OUT OF WORK AND WHO DO NOT HAVE HEALTH INSURANCE; TO AMEND SECTIONS 19-7-3 AND 19-7-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The governing body of any county or municipality, in its discretion, may sell, lease or convey, with or without consideration and upon such terms and conditions as the parties may agree, any land, buildings, fixtures, equipment or other real or personal property belonging to the county or municipality that is determined by the governing body as no longer needed by the county or municipality for governmental purposes, to any nonprofit primary health care clinic, which is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code located or to be located in the county for the purpose of assisting any such clinic to provide primary health care services to residents who are employed or temporarily out of work and who do not have health insurance.
(2) In addition, the governing body of any county or municipality, in its discretion, may make gifts, grants and donations in such amounts and at such times as the governing body may determine, out of any available funds of the county or municipality, to the same entities and for the same purposes as described under subsection (1) of this section.
(3) As used in this section, the term "governing body" means the board of supervisors of any county and the governing authorities of any municipality.
SECTION 2. Section 19-7-3, Mississippi Code of 1972, is amended as follows:
19-7-3. In case any of the real estate belonging to the county shall cease to be used for county purposes, the board of supervisors may sell, convey or lease the same on such terms as the board may elect and may, in addition, exchange the same for real estate belonging to any other political subdivision located within the county. In case of a sale on a credit, the county shall have a lien on the same for the purchase money, as against all persons, until paid and may enforce the lien as in such cases provided by law. The deed of conveyance in such cases shall be executed in the name of the county by the president of the board of supervisors, pursuant to an order of the board entered on its minutes.
Before any lease, deed or conveyance is executed, the board shall publish at least once each week for three (3) consecutive weeks, in a public newspaper of the county in which the land is located, or if no newspaper be published in said county then in a newspaper having general circulation therein, the intention to lease or sell, as the case may be, the county-owned land and to accept sealed competitive bids for the leasing or sale. The board shall thereafter accept bids for the lease or sale and shall award the lease to the highest bidder in the manner provided by law. However, whenever the board of supervisors shall find and determine, by resolution duly and lawfully adopted and spread upon its minutes (a) that any county-owned property is no longer needed for county or related purposes and is not to be used in the operation of the county, (b) that the sale of the property in the manner otherwise provided by law is not necessary or desirable for the financial welfare of the county, and (c) that the use of the county property for the purpose for which it is to be sold, conveyed or leased will promote and foster the development and improvement of the community in which it is located and the civic, social, educational, cultural, moral, economic, or industrial welfare thereof, the board of supervisors of such county shall be authorized and empowered, in its discretion, to sell, convey, lease, or otherwise dispose of same for any of the purposes set forth herein.
Nothing contained in this section shall be construed to prohibit, restrict or to prescribe conditions with regard to the authority granted under Section 1 of House Bill No. 860, 2003 Regular Session.
SECTION 3. Section 19-7-5, Mississippi Code of 1972, is amended as follows:
19-7-5. The board of supervisors shall have the power to sell and dispose of at public sale for cash, any personal property belonging to the county or any subdivision thereof when the same shall have ceased to be used for county purposes or when, in the judgment of said board, a sale thereof would promote the best interest of the county. Said sale shall be advertised by posting notices at three (3) public places in the county, at least ten (10) days prior to such sale, one (1) of which said notices shall be posted at the courthouse. The proceeds of said sale shall be placed in the county depository to the credit of the proper fund. Where said property shall not exceed One Hundred Dollars ($100.00) in value the same may be sold and disposed of by the boards of supervisors at a private sale by the unanimous vote of the members of said board of supervisors and the proceeds thereof disposed of as above provided. However, if the board of supervisors find consistent with fact that the fair market value of the personal property is zero and this finding is duly entered on the minutes of the board, then the personal property in question may be disposed of as deemed to be appropriate and in the best interest of the county, provided that no county official or employee derives any personal economic benefit from such disposal. If any of such property may be of use or benefit to the United States government in its national defense effort, the board of supervisors is hereby authorized in its discretion to turn over such property to the United States government by way of a donation thereto.
Nothing contained in this section shall be construed to prohibit, restrict or to prescribe conditions with regard to the authority granted under Section 1 of House Bill No. 860, 2003 Regular Session.
SECTION 4. This act shall take effect and be in force from and after its passage.