House Bill 122

AN ACT TO CREATE A NEW SECTION TO PROVIDE UNIFORM REQUIREMENTS FOR THE SALE OR DISPOSAL OF SURPLUS REAL OR PERSONAL PROPERTY OF A COMMUNITY COLLEGE DISTRICT; TO AMEND SECTIONS 37-29-75 AND 37-29-419, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO BRING FORWARD SECTION 17-25-25, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) General. The board of trustees of a community college district may sell or dispose of any personal property or real property belonging to the district when the property has ceased to be used by the district or when, in the district's judgment, a sale thereof would promote the best interest of the district. 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 board of trustees of a community college district shall advertise its acceptance of bids by posting notices at three (3) public places located in the district that the district serves. One (1) of the three (3) notices shall be posted at the president's main office of the district. The district 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 community college district, by a unanimous approval of its trustees, 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 board of trustees of a community college district 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 district.

(5) If the community college district 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 district, then the district may dispose of such property in the manner it deems appropriate and in its best interest, but no official or employee of the district 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) The provisions of this section shall not apply to any equipment disposed of pursuant to trade-in as part of a purchase.

SECTION 2. Section 37-29-75, Mississippi Code of 1972, is amended as follows:

37-29-75. When any land or other property owned by a junior college/community college district shall cease to be used or needed by the district, the same may be sold * * * according to the procedure established under Section 1 of this act.

SECTION 3. Section 37-29-419, Mississippi Code of 1972, is amended as follows:

37-29-419. When any land or other property owned by the Mississippi Gulf Coast Junior College District shall cease to be used or needed by the district, the same may be sold * * * according to the procedure established under Section 1 of this act.

SECTION 4. Section 17-25-25, Mississippi Code of 1972, is brought forward 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.

(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 37-7-551. The provisions of this section shall not apply to any equipment disposed of pursuant to trade-in as part of a purchase.

SECTION 5. This act shall take effect and be in force from and after July 1, 2017.