House Bill 662

(As Passed the House)

AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF LOCAL PUBLIC SCHOOL DISTRICTS TO SELL COMPUTERS, AND PERIPHERAL EQUIPMENT AND ADAPTIVE DEVICES TO STUDENTS TO WHOM SUCH DEVICES AND EQUIPMENT HAVE BEEN ISSUED DURING THE COURSE OF AN ACADEMIC SCHOOL YEAR; TO PROVIDE THAT THE SALE MAY ONLY BE MADE TO STUDENTS IN GRADE 12 WHO HAVE SATISFIED ALL GRADUATION REQUIREMENTS; TO ESTABLISH THE COST TO BE ASSESSED FOR THE SALE OF SUCH DEVICES AND EQUIPMENT TO QUALIFYING STUDENTS BASED ON VERIFICATION OF ACCEPTANCE INTO A MISSISSIPPI COLLEGE OR UNIVERSITY; TO STIPULATE THAT ALL SALES ARE FINAL AND WITHOUT WARRANTY OF MERCHANTABILITY; TO PROVIDE FOR THE DISTRIBUTION OF PROCEEDS RECEIVED FROM THE SALE; TO AMEND SECTIONS 37-7-455 AND 17-25-25, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Upon a resolution duly adopted by a majority of its members, the board of trustees of local public school districts may adopt a policy authorizing the sale of computers, peripheral equipment and adaptive devices to students to whom such devices and equipment have been issued during the course of an academic school year. However, the sale of computers by a public school district shall be limited to those students enrolled in Grade 12, who are in possession of a district-issued computer device or equipment, and who have satisfied all the requirements for graduation, as established by the school district. Students meeting the criteria established in this paragraph who verify to the school of enrollment before graduation an official document of acceptance to any Mississippi two-year or four-year college or university, whether public or private, shall be required to pay One Dollar ($1.00) for the cost of the district-issued computer device or peripheral equipment or adaptive device. Students meeting the requirements of this section who cannot sufficiently verify acceptance to a Mississippi two-year or four-year college or university shall be required to pay Seventy-five Dollars ($75.00) for the cost of the district-issued computer device or peripheral equipment. Verification of college acceptance must be submitted before the deadline for finalizing graduation eligibility established by each school district adopting a policy authorizing the sale of such devices to students.

(2) All sales shall be final and without warranty of merchantability, given the prior and extended use of the computer, equipment or adaptive device by the purchasing student. All proceeds received from the sale of property authorized under paragraph (1) of this section shall be deposited into the school maintenance fund as provided under Section 37-7-457.

(3) For purposes of this section the term "school board" also means the governing board of a charter school authorized by the Mississippi Charter School Authorizer Board. As used in this section, the term "school of enrollment" also means a charter school.

SECTION 2. Section 37-7-455, Mississippi Code of 1972, is amended as follows:

37-7-455. (1) Any land, buildings or other property that is not used for school purposes and which is not needed in the operation of the schools of the district may be sold in the manner established in this section but only after each charter school located in the school district has notified the school board that it is not exercising its right of first refusal on the property, as provided under Section 37-28-61. Except as otherwise provided in subsections (2) and (3) of this section, all such land, buildings or other property shall be sold only after the receipt of sealed bids therefor after the time and place of making such sale has been duly advertised in some newspaper having a general circulation in the county in which the property is located once each week for three (3) consecutive weeks with the first publication to be made not less than fifteen (15) days prior to the date upon which such bids are to be received and opened. The property shall be sold to the highest and best bidder for cash, but the school board shall have the right to reject any and all bids. If the property is not sold pursuant to such advertisement, the school board, by resolution, may set a date for an open meeting of the school board to be held within sixty (60) days after the date upon which the bids were opened. At the meeting held pursuant to such resolution, the school board may sell by auction the property for a consideration not less than the highest sealed bid previously received pursuant to the advertisement. At the meeting, any interested party may bid for cash, and the property shall be sold to the highest and best bidder for cash, but the school board shall have the right to reject any and all bids. The school board may require a written confirmation of bids received at such called meeting before selling the property at auction, but it shall not be necessary that sealed bids be received before conducting the auction.

(2) As an alternative to the procedures established under subsection (1) of this section, the school board of a school district may elect, in its discretion, to sell by public auction any property, other than real property or buildings of the school district, which is not used for school or related school purposes and not needed in the operation of the schools, according to the procedure in Section 17-25-25, except as otherwise provided under Section 1 of this act.

(3) As an alternative to the procedures established under subsection (1) or (2) of this section, the county board of education of a county having a population in excess of ten thousand (10,000) according to the 2000 decennial census and in which U.S. Highway 45 intersects with Mississippi Highway 16, may elect, in its discretion, to transfer and sell the buildings of the school district and the real property upon which the buildings are located which are not used as school facilities or for school-related purposes and not needed in the operation of the schools, after advertising for and receiving competitive bids for the sale of such property. If any bid is offered by a nonprofit 501(c)(3) entity which has made substantial improvements to the buildings, the fair market value of the improvements shall be deemed to be consideration for, a part of, the bid offered by the entity. In this case, the school board shall enter a finding on its minutes that the nonprofit entity has made substantial improvements to the property and the property is no longer needed for school district purposes.

(4) When the sale of such property is authorized and approved by the school board, the president of the school board shall be authorized and empowered to execute a conveyance of the property upon the terms and for the consideration fixed by the board. The school board shall reserve unto the district all oil, gas and minerals in, on or under the land, and all proceeds derived from royalties upon the reserved mineral interests shall be used as provided by Section 37-7-457.

SECTION 3. Section 17-25-25, Mississippi Code of 1972, is amended as follows:

17-25-25. (1) General. The governing authority of a county or municipality 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. 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 of a county or municipality.

(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 1 of this act. The provisions of this section shall not apply to any equipment disposed of pursuant to trade-in as part of a purchase.

SECTION 4. This act shall take effect and be in force from and after July 1, 2015.