Bill Text: MS HB36 | 2013 | Regular Session | Introduced


Bill Title: Community colleges; enact uniform rules for the sale or disposal of personal property owned by the community college.

Sponsorship: Bipartisan Bill

Status: (Failed) 2013-02-05 - Died In Committee [HB36 Detail]

Download: Mississippi-2013-HB36-Introduced.html

MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Universities and Colleges

By: Representative Snowden

House Bill 36

AN ACT TO CREATE A NEW SECTION TO BE CODIFIED WITHIN CHAPTER 29, TITLE 37, MISSISSIPPI CODE OF 1972, TO PROVIDE UNIFORM REQUIREMENTS FOR THE SALE OR DISPOSAL OF THE PERSONAL PROPERTY OF A COMMUNITY COLLEGE; TO AMEND SECTION 37-29-75, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The following shall be codified as a new section to be codified within Chapter 29, Title 37, Mississippi Code of 1972:

37-29-75.  (1)  General.  The board of trustees of a community college may sell or dispose of any personal property belonging to the community college when the property has ceased to be used for public purposes or when, in the board's judgment, a sale thereof would promote the best interest of the community college.

(2)  Public sale.  At least ten (10) days before bid opening, the board shall advertise its acceptance of bids by posting notices at three (3) public places located in the community college district.  One of the three (3) notices shall be posted at the community college's main office.  The board 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 board, 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)  If the board finds that the fair market value of the personal property is zero and this finding is entered on the minutes of the board, then the board may dispose of the personal property in the manner it deems appropriate and in its best interest, but no official or employee of the board or community college shall derive any personal economic benefit from such disposal.

     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 by the board of trustees upon sealed bids or at public auction after three (3) weeks' advertisement in a newspaper in the county where the said property is located. * * *  Personal property having a value determined by the board of less than Five Hundred Dollars ($500.00) may be sold without such advertisement; however, in such event, notice shall be posted in at least three public places in the county where such property is situated or where it is to be sold, giving notice of the time and place of such sale, and such property shall be sold to the highest and best bidder for cash.  Such notice shall be posted for ten (10) days before the sale.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2013.


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