MISSISSIPPI LEGISLATURE
2013 Regular Session
To: County Affairs
By: Representatives Reynolds, Barton
AN ACT TO AMEND SECTION 19-3-69, MISSISSIPPI CODE OF 1972, TO ADD AN AUCTION COMPANY TO THE LIST OF PROFESSIONALS THAT A BOARD OF SUPERVISORS MAY CONTRACT WITH; TO AMEND SECTION 19-7-5, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE BOARD OF SUPERVISORS SHALL HAVE THE POWER TO SELL AND DISPOSE OF PERSONAL AND REAL PROPERTY BY USE OF A PUBLIC AUCTION OR BY USING AN AUCTION COMPANY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-3-69, Mississippi Code of 1972, is amended as follows:
19-3-69. The board of supervisors of each county may, in its discretion, contract with certain professionals when the board determines that such professional services are necessary and in the best interest of the county.
The board of supervisors shall spread upon its minutes its finding that the professional services are necessary and in the best interest of the county. The contract for professional services shall be approved by the attorney for the board of supervisors and made a part of the minutes. Notwithstanding any other provision of law, the board of supervisors may request and consider the price of the services in its initial and subsequent contact with professionals.
A professional within the meaning of this section shall be limited to:
(a) Attorneys at law, admitted to practice law in this state by the State Board of Bar Admissions;
(b) Accountants, certified by the State Board of Public Accountancy;
(c) Architects, licensed by the State Board of Architecture;
(d) Engineers and land surveyors, registered by the State Board of Registration for Professional Engineers and Land Surveyors;
(e) Physicians, licensed by the State Board of Medical Licensure;
(f) Appraisers, licensed by the Mississippi Real Estate Commission or as otherwise provided by law or ad valorem appraisers holding the MAE designation from the Department of Revenue;
(g) Real estate brokers, licensed by the Mississippi Real Estate Commission;
(h) In the sale of personal property and real property pursuant to the provisions of Section 19-7-5, auctioneers or auction companies who meet standards established by the State Department of Audit.
SECTION 2. Section 19-7-5, Mississippi Code of 1972, is amended as follows:
19-7-5. The board of supervisors shall have the power to sell and dispose of any personal property and real property belonging to the county or any subdivision thereof according to the uniform personal property disposal requirements for local governments in Section 17-25-25. In addition to the authority granted in Section 17-25-25, the board of supervisors shall have the power to sell and dispose of personal or real property at a public auction managed by an auctioneer or auction company as authorized by Section 19-3-69. For purposes of this section, the term "personal property," includes, but is not limited to, equipment, vehicles, fixtures, furniture, firearms and commodities.
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.
SECTION 3. This act shall take effect and be in force from and after July 1, 2013.