House Bill 1128

AN ACT TO BRING FORWARD SECTION 29-9-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PROCEDURE FOR THE DISPOSAL OF OBSOLETE PERSONAL PROPERTY OWNED BY AN INSTITUTION, DEPARTMENT OR AGENCY OF THE STATE, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 37-113-55, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MONIES IN THE MISSISSIPPI STATE UNIVERSITY VETERINARY SCHOOL FUND SHALL BE DISBURSED BY THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INSTEAD OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO AMEND SECTION 1 OF CHAPTER 534, LAWS OF 2024, TO CORRECT THE REFERENCE TO THE FUND NUMBER FOR THE 2022 EMERGENCY ROAD AND BRIDGE FUND; TO DIRECT THE STATE FISCAL OFFICER TO MAKE CERTAIN TRANSFERS TO THE CAPITAL EXPENSE FUND DURING FISCAL YEAR 2026; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 29-9-9, Mississippi Code of 1972, is brought forward as follows:

29-9-9. (1) Whenever any vehicle, equipment, office furniture, office fixture or any other personal property which has been acquired or is owned by any institution, department or agency of the State of Mississippi becomes obsolete or is no longer needed or required for the use of such institution, department or agency, the same may be: (a) sold for cash, transferred, traded or exchanged for other property, furniture, equipment, fixture or vehicle needed by said institution, department or agency after having first obtained the written approval of the Governor's Office of General Services and the State Auditor or approval by the Legislative Budget Office if utilized under the jurisdiction of the Legislature; or (b) donated to any institution, department or agency of the State of Mississippi, or any political subdivision or local governing authority of the state. The singular shall include the plural. Transfers, trades, exchanges or donations made pursuant to this subsection may be made to any political subdivision or local governing authority of the State of Mississippi.

(2) The proceeds of all cash sales made, as authorized in this section, shall be paid over into the support and maintenance or contingent fund of the institution, department or agency as it deems best.

(3) The head of each state institution, department or agency shall be responsible and liable personally and on his official bond, in the amount of the value shown on the state inventory, for the disposal of any property contrary to the provisions of this section.

(4) The Office of General Services, on the approval of the Public Procurement Review Board, is hereby authorized and empowered to make reasonable rules and regulations and to require such information as may be necessary to carry out the purpose and provisions of this section.

(5) Any violation of the provisions hereof by any elected head of any institution, department, commission or agency of the State of Mississippi, or any appointee or employee of any institution, department, agency or commission coming under the provisions of this section, shall constitute a misdemeanor and, upon conviction therefor, shall be punished by a fine of not exceeding One Thousand Dollars ($1,000.00) in addition to personal and official liability, as hereinabove provided.

(6) The disposal of any unneeded personal property at the project described in Section 57-75-5(f)(vi), may be made in accordance with the provisions of the Mississippi Major Economic Impact Act by the Mississippi Major Economic Impact Authority, under such rules and regulations as may be adopted by such authority.

(7) The disposal of any alternative housing units purchased through the Mississippi Alternative Housing Pilot Program may be made by the Mississippi Emergency Management Agency as required by federal law to be in compliance with regulations of the federal articles of agreement and its awarded conditions, and upon approval of the Public Procurement Review Board.

(8) This section shall not be applicable to the State Veterans Homes in the event the State Veterans Affairs Board has contracted for property management services at the State Veterans Homes.

SECTION 2. Section 37-113-55, Mississippi Code of 1972, is amended as follows:

37-113-55. There is created in the State Treasury a special fund to be designated as the "Mississippi State University Veterinary School Fund." The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be disbursed by the * * * the Board of Trustees of State Institutions of Higher Learning to assist Mississippi State University with paying costs associated with the design, construction, renovation, repairs, and equipping of the Wise Center. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund.

SECTION 3. Section 1 of Chapter 534, Laws of 2024, is amended as follows:

Section 1. Upon the effective date of this act, the State Treasurer, in conjunction with the State Fiscal Officer, shall transfer the amounts listed below from the Capital Expense Fund (Fund No. 6499C00000) to each of the following named funds:

FUND FUND NUMBER AMOUNT

2024 Local Improvements

Projects Fund created

in Section 4 of this act $ 227,375,000.00

2022 IHL Capital

Improvements Fund 6611330000 $ 110,000,000.00

2022 Community and Junior

Colleges Capital

Improvements Fund 6611300000 $ 45,000,000.00

2022 State Agencies Capital

Improvements Fund 6611320000 $ 26,100,000.00

2022 Department of Finance