Senate Bill 2873

(As Sent to Governor)

AN ACT TO AMEND SECTION 13-3-169, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT SALES UNDER EXECUTION CONDUCTED BY A SPECIAL AGENT OF THE STATE TAX COMMISSION PURSUANT TO A WARRANT, JEOPARDY WARRANT OR ALIAS WARRANT ISSUED BY THE CHAIRMAN OF THE STATE TAX COMMISSION, SHALL COMMENCE AND BE CONDUCTED AT THE TIMES SPECIFIED BY THE CHAIRMAN OF THE STATE TAX COMMISSION OR HIS DULY AUTHORIZED AGENT; TO PROVIDE THAT ALL SUCH SALES SHALL BE BY AUCTION TO THE HIGHEST BIDDER FOR CASH OR FOR CASH EQUIVALENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 13-3-169, Mississippi Code of 1972, is amended as follows:

13-3-169. (1) Except as otherwise provided in this section, sales under execution shall not commence sooner than eleven o'clock in the forenoon, nor continue later than four o'clock in the afternoon. All such sales shall be by auction, to the highest bidder for cash, and only so much of the property levied on shall be sold as will satisfy the execution and costs.

(2) Sales under execution conducted by a special agent of the State Tax Commission pursuant to a warrant, jeopardy warrant or alias warrant issued by the Chairman of the State Tax Commission, shall commence and be conducted at the times specified by the Chairman of the State Tax Commission or his duly authorized agent. All such sales shall be by auction to the highest bidder for cash or for cash equivalent deemed acceptable by the Chairman of the State Tax Commission. Only so much of the property levied on shall be sold as will satisfy the execution and costs.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.