Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 43 - TEXTBOOKS (§§ 37-43-1 — 37-43-59) › Section 37-43-23 - Procedure for purchase of textbooks from publishers; distribution of books

The State Board of Education is hereby authorized, empowered and directed to advertise for and receive sealed bids for textbooks. Bidders shall quote their lowest net wholesale prices, f.o.b. destination being the board-authorized regional depository. The board may, in its discretion, establish a state depository or approve regional depositories located in reasonable proximity to the state, or inaugurate any other plan for the distribution of books. Such prices shall not be higher than the lowest price at which books are sold anywhere in the United States, after all discounts are allowed. It is the intent of the Legislature that the price paid for a textbook shall not exceed the lowest price at which the same book, both having the same copyright date, is sold anywhere in the United States after all discounts are allowed. Every contract entered into under the provisions of this section by the board and any publisher or publishing company shall contain a provision that the publisher covenants and agrees that he is not furnishing under contract executed after the first day of January of the year in which the contract becomes effective, to any state, county or school district in the United States, the textbooks embraced in the contract at a price below the price stipulated therein. At any time that the board may find that any book or books, in either regular or special editions, are being furnished in any other state at a lower price under contract than it is being furnished in Mississippi, the contract shall be forfeited to the state. Any contractor who violates this provision shall return all money paid out for such book or books and also forfeit such book or books to the state, and suit may be brought on the bond of the contractor for all losses sustained.
Successful bidders or contractors may maintain a depository at a place within the State of Mississippi or within a regional area located in reasonable proximity to the state, to be named by the board, where a stock of books sufficient to meet all reasonable and immediate demands shall be kept. Upon requisition of the board, an approved depository shall ship books, transportation charges paid, to the various shipping points in Mississippi to be specified by the board. For such service the depository shall make no charge to the board except the actual cost of transportation from the depository to the shipping point designated. The cost of distribution shall not exceed eight percent (8%) of the total appropriation for any fiscal year.
All books furnished the State of Mississippi by contractors under this chapter shall continue to measure up to the same standards as are required in the contract, said standards to include printing, binding, cover boards, mechanical makeup, and any other relevant points as set out in the plans and specifications as fixed by the board. Any contractor of any book or books, who fails to keep said books up to said standards, shall forfeit, not only his contract to the state, but shall return all money paid out for such book or books and also forfeit said books to the state.
Codes, 1942, §§ 6641, 6642; Laws, 1940, ch. 202; Laws, 1942, ch. 152; Laws, 1946, ch. 444, § 2; Laws, 1960, ch. 310; Laws, 1981, ch. 507, § 13; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 12; Laws, 1984, ch. 404, § 12; Laws, 1985, ch. 395, § 12; Laws, 1986, ch. 349, § 12; reenacted and amended, Laws, 1987, ch. 481, § 6; Laws, 1988, ch. 466, § 8; Laws, 1996, ch. 534, § 5, eff. 7/1/1996.
Amended by Laws, 2022, ch. 350, SB 2431,§ 2, eff. 7/1/2022.