Mississippi Community College Board; revise composition of and authority to oversee community and junior colleges.

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To: Universities and
Colleges; Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Bell (21st)

HOUSE BILL NO. 322

AN ACT TO CREATE NEW SECTION 37-4-2, MISSISSIPPI CODE OF 1
1972, TO PROVIDE THAT ALL PUBLIC COMMUNITY AND JUNIOR COLLEGES 2
SHALL BE UNDER THE AUTHORITY AND CONTROL OF THE MISSISSIPPI 3
COMMUNITY COLLEGE BOARD; TO AMEND SECTION 37-4-3, MISSISSIPPI CODE 4
OF 1972, TO PROVIDE FOR THE RECONSTITUTION FOR THE MISSISSIPPI 5
COMMUNITY COLLEGE BOARD, TO CONSIST OF TWELVE MEMBERS APPOINTED BY 6
THE GOVERNOR, SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, OF 7
WHICH SUCH MEMBERS SHALL SERVE A TERM OF SIX YEARS; TO PROVIDE FOR 8
THE TERMS OF THE INITIAL MEMBERS OF THE RECONSTITUTED BOARD, WHICH 9
SHALL COMMENCE ON JANUARY 1, 2027; TO PRESCRIBE THE PROCEDURE FOR 10
SELECTING BOARD MEMBERS IN THE EVENT A VACANCY OCCURS; TO 11
PRESCRIBE THE POWERS AND DUTIES OF THE BOARD; TO AMEND SECTION 12
37-4-4, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE QUALIFICATIONS 13
OF MEMBERS SELECTED FOR APPOINTMENT TO THE MISSISSIPPI COMMUNITY 14
COLLEGE BOARD; TO CREATE NEW SECTION 37-4-6, MISSISSIPPI CODE OF 15
1972, TO AUTHORIZE THE BOARD TO APPOINT A COMMISSIONER OF 16
COMMUNITY COLLEGES; TO PRESCRIBE THE POWERS AND DUTIES OF THE 17
COMMISSIONER OF COMMUNITY COLLEGES, INCLUDING HIS OR HER ABILITY 18
TO HIRE NECESSARY PERSONNEL; TO AMEND SECTION 37-4-7, MISSISSIPPI 19
CODE OF 1972, TO PRESCRIBE THE POWERS AND DUTIES OF THE 20
MISSISSIPPI COMMUNITY COLLEGE BOARD; TO CREATE NEW SECTION 37-4-8, 21
MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO ADOPT AND HAVE 22
AN OFFICIAL SEAL IN SUCH FORM AS IT DEEMS APPROPRIATE FOR ITS 23
OFFICIAL USE; TO CREATE NEW SECTION 37-4-10, MISSISSIPPI CODE OF 24
1972, TO REQUIRE THE MISSISSIPPI COMMUNITY COLLEGE BOARD TO 25
DEVELOP A SYSTEM OF MANPOWER MANAGEMENT WHICH SHALL BE IMPLEMENTED 26
IN ALL COMMUNITY AND JUNIOR COLLEGES UNDER ITS CONTROL; TO AMEND 27
SECTION 37-4-11, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE 28
OVERSIGHT AND ACCOUNTABILITY OF THE STATE-FUNDED INDUSTRIAL 29
TRAINING PROGRAMS, POSTSECONDARY ADULT SHORT-TERM TRAINING 30
PROGRAMS AND WORKFORCE EDUCATION PROGRAMS SHALL BE ADMINISTERED BY 31
THE MISSISSIPPI COMMUNITY COLLEGE BOARD; TO CREATE NEW SECTION 32
37-4-12, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO 33
ESTABLISH A RESERVE FUND TO RECEIVE FUNDS FROM STATE, FEDERAL OR 34
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PRIVATE SOURCES FOR THE PURPOSE OF GUARANTEEING PAYMENT OF LOANS 35
OBTAINED BY COLLEGE STUDENTS FROM PUBLIC OR PRIVATE LENDERS OR 36
BANKING INSTITUTIONS; TO CREATE NEW CODE SECTION 37-4-17, 37
MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO ENTER INTO 38
LONG-TERM LEASES WITH PRIVATE INDIVIDUALS OR CORPORATIONS OF ANY 39
LAND OR LAND WITH EXISTING AUXILIARY FACILITIES FOR THE PURPOSE OF 40
ERECTING OR RENOVATING, FURNISHING, MAINTAINING AND EQUIPPING 41
AUXILIARY FACILITIES THEREON FOR ACTIVE FACULTY, STAFF AND/OR 42
STUDENTS; TO CREATE NEW SECTION 37-4-19, MISSISSIPPI CODE OF 1972, 43
TO CREATE AN ADVISORY COMMITTEE TO THE MISSISSIPPI COMMUNITY 44
COLLEGE BOARD FOR THE LEASE OF THE PROPERTY ON COMMUNITY AND 45
JUNIOR COLLEGE CAMPUSES FOR THE CONSTRUCTION OF HOUSE AND 46
DORMITORY FACILITIES WITH PRIVATE FINANCE; TO CREATE NEW SECTION 47
37-4-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THE MANNER BY WHICH 48
ARCHITECTS SHALL BE SELECTED TO FULFILL THE OBLIGATIONS OF THE 49
LEASE CONTRACT FOR THE CONSTRUCTION OF SAID FACILITIES ON A 50
COMMUNITY OR JUNIOR COLLEGE CAMPUS; TO CREATE NEW CODE SECTION 51
37-4-23, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE USE OF THE 52
DESIGN-BUILD SYSTEM OF CONTRACT DELIVERY; TO CREATE NEW SECTION 53
37-4-25, MISSISSIPPI CODE OF 1972, TO PERMIT LEASEHOLDERS TO 54
PROTECT AND ENFORCE ANY AND ALL RIGHTS GRANTED UNDER THE LEASE; TO 55
CREATE NEW SECTION 37-4-27, MISSISSIPPI CODE OF 1972, TO PROVIDE 56
THAT ANY LEASES EXECUTED UNDER THE PROVISIONS OF THIS ACT SHALL BE 57
LEGAL INVESTMENTS FOR TRUSTEES AND OTHER FIDUCIARIES, AND FOR 58
BANKS, TRUST COMPANIES, AND INSURANCE COMPANIES AUTHORIZED TO DO 59
BUSINESS IN THE STATE; TO AMEND SECTION 37-101-13, MISSISSIPPI 60
CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO BRING 61
FORWARD SECTIONS 37-4-1, 37-4-5, 37-4-9, 37-4-13, 37-4-15, 62
37-29-1, 37-29-5, 37-29-31, 37-29-33, 37-29-37, 37-29-39, 63
37-29-61, 37-29-63, 37-29-65, 37-29-67, 37-29-71, 37-29-73, 64
37-29-75, 37-29-77, 37-29-79, 37-29-81, 37-29-85, 37-29-87, 65
37-29-101, 37-29-103, 37-29-105, 37-29-107, 37-29-109, 37-29-111, 66
37-29-113, 37-29-115, 37-29-117, 37-29-119, 37-29-121, 37-29-123, 67
37-29-125, 37-29-127, 37-29-131, 37-29-133, 37-29-135, 37-29-137, 68
37-29-139, 37-29-141, 37-29-143, 37-29-145, 37-29-161, 37-29-163, 69
37-29-165, 37-29-167, 37-29-169, 37-29-171, 37-29-173, 37-29-175, 70
37-29-177, 37-29-231, 37-29-232, 37-29-261, 37-29-263, 37-29-265, 71
37-29-267, 37-29-268, 37-29-269, 37-29-273, 37-29-275, 37-29-277, 72
37-29-305, 37-29-321, 37-29-401, 37-29-403, 37-29-405, 37-29-407, 73
37-29-409, 37-29-411, 37-29-413, 37-29-415, 37-29-417, 37-29-419, 74
37-29-421, 37-29-423, 37-29-425, 37-29-427, 37-29-429, 37-29-431, 75
37-29-433, 37-29-435, 37-29-437, 37-29-451, 37-29-453, 37-29-455, 76
37-29-457, 37-29-459, 37-29-461, 37-29-463, 37-29-465, 37-29-467, 77
37-29-469, 37-29-471, 37-29-501, 37-29-503, 37-29-505, 37-29-507, 78
37-29-509, 37-29-511, 37-29-513, 37-29-515, 37-29-551, 37-29-553, 79
37-29-555, 37-29-557, 37-29-559, 37-29-561, 37-29-563, 37-29-565, 80
37-29-567, 37-29-569, 37-29-571, 37-29-601, 37-29-603, 37-29-605, 81
37-29-607, 37-29-609, 37-29-611 AND 37-29-613, MISSISSIPPI CODE OF 82
1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED 83
PURPOSES. 84
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 85
SECTION 1. The following shall be codified as Section 86
37-4-2, Mississippi Code of 1972: 87
37-4-2. The following community and junior colleges shall be 88
under the management and control of a board of trustees to be 89
known as the Mississippi Community College Board, namely: 90
(a) Coahoma Community College; 91
(b) Copiah-Lincoln Community College; 92
(c) East Central Community College; 93
(d) East Mississippi Community College; 94
(e) Hinds Community College; 95
(f) Holmes Community College; 96
(g) Itawamba Community College; 97
(h) Jones Junior College; 98
(i) Meridian Community College; 99
(j) Mississippi Delta Community College; 100
(k) Mississippi Gulf Coast Community College; 101
(l) Northeast Mississippi Community College; 102
(m) Northwest Mississippi Community College; 103
(n) Pearl River Community College; 104
(o) Southwest Mississippi Community College; and 105
(p) Any other of like kind which may be hereafter 106
established by the state. 107
SECTION 2. Section 37-4-3, Mississippi Code of 1972, is 108
amended as follows: 109
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37-4-3. (1) * * * There shall be a Mississippi Community 110
College Board which shall receive and distribute funds 111
appropriated by the Legislature for the use of the public 112
community and junior colleges and funds from federal and other 113
sources that are transmitted through the state governmental 114
organization for use by said colleges. This board shall provide 115
general coordination of the public community and junior colleges, 116
assemble reports and such other duties as may be prescribed by 117
law. 118
(2) * * * 119
(a) The Mississippi Community College Board * * * 120
reconstituted as follows: Effective * * * July 1, 2026, the 121
Governor shall appoint three (3) members from each Mississippi 122
Supreme Court District and * * * three (3) members from the state 123
at large, with the terms of each to begin on January 1, 2027. The 124
members shall be appointed by the Governor, with the advice and 125
consent of the Senate, for a term of office of * * * six (6) 126
years, provided that * * * three (3) members shall be appointed 127
in * * * 2027 to a term ending December 31, * * * 2029, three (3) 128
members shall be appointed in 2027 to a term ending December 31, 129
2031, and * * * three (3) members shall be appointed in * * * 2027 130
to a term ending December 31, * * * 2033. * * * On the expiration 131
of any of said terms of office the Governor shall appoint 132
successors, by and with the advice and consent of the Senate, for 133
terms of six (6) years in each case. Any question regarding the 134
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order of appointments shall be determined by the Secretary of 135
State in accordance with the specific statute. All appointment 136
procedures, vacancy provisions, interim appointment provisions and 137
removal provisions specifically provided for in Section 7-1-35, 138
Mississippi Code of 1972, shall be fully applicable to 139
appointments to the Mississippi Community College Board, and to 140
the position of * * * Commissioner of Community College. 141
(b) The current president, or his/her designee, of each 142
community and junior college Student Government Association shall 143
have a reserved seat at each meeting of the Mississippi Community 144
College. No less than once a year, the board shall seek the 145
advice and counsel of the student body presidents. 146
(3) In case of a vacancy on said board by death or 147
resignation of a member or from any other cause than the 148
expiration of such member's term of office, the board shall elect 149
his successor who shall hold office until the end of the next 150
session of the Legislature. During such term of the session of 151
the Legislature, the Governor shall appoint the successor member 152
of the board from the district from which his predecessor was 153
appointed to hold office until the end of the period or term for 154
which said original trustee was appointed, to the end that 155
one-third (1/3) of such trustees' terms shall expire each two (2) 156
years. 157
(4) The Commissioner of Higher Education, or his or her 158
designee, and one (1) member of the Board of Trustees of State 159
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Institutions of Higher Learning, to be designated by the chairman 160
of said board, shall attend all regular meetings of the 161
Mississippi Community College Board. Said university 162
representatives shall have no jurisdiction or vote on any matter 163
within the jurisdiction of the board. The Commissioner of Higher 164
Education and any designee who is a state employee shall receive 165
no per diem for attending meetings of the board, but shall be 166
entitled to actual and necessary expense reimbursement and mileage 167
for attending meetings at locations other than Jackson, 168
Mississippi. The designee of the Board of Trustees of State 169
Institutions of Higher Learning shall receive per diem 170
compensation as authorized by Section 25-3-69, Mississippi Code of 171
1972, for attending said meetings, and shall be entitled to 172
reimbursement for actual expense reimbursement and mileage, which 173
shall be paid from funds appropriated to the Mississippi Community 174
College Board. 175
* * * 176
(5) The Mississippi Community College Board shall serve 177
without salary compensation but shall receive a per diem and 178
mileage as authorized by law including time of going to and 179
returning from meetings of said board, together with actual travel 180
and hotel expenses incident to the meetings of the board, and in 181
the discharge of duties prescribed by the board. 182
(6) The board of trustees shall hold two (2) regular slated 183
meetings annually, one (1) in June and the other in January, and 184
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as many special meetings as may be necessary on call of the 185
president or on call of five (5) members. In either case, the 186
call shall be in writing and shall be mailed by registered letter 187
with return receipt requested, or by certified mail, to each and 188
every member at least five (5) days prior to the date of the 189
meeting. Eight (8) members of the board shall constitute a quorum 190
for the transaction of business. 191
SECTION 3. Section 37-4-4, Mississippi Code of 1972, is 192
amended as follows: 193
37-4-4. * * * There shall be appointed only men or women to 194
membership on the Mississippi Community College Board as shall be 195
qualified electors residing in the district from which each is 196
appointed and at least twenty-five (25) years of age and of the 197
highest order of intelligence, character, learning and fitness for 198
the performance of such duties to the end that such board shall 199
perform the high and honorable duties thereof to the greatest 200
advantage of the people of the state and of such college, 201
uninfluenced by any political considerations. 202
SECTION 4. The following shall be codified as Section 203
37-4-6, Mississippi Code of 1972: 204
37-4-6. (1) Within ten (10) days after the beginning of the 205
terms of office of its members, upon call of the Governor, the 206
Mississippi Community College Board shall meet in the City of 207
Jackson and organize by electing one (1) of its number as 208
president, whose term of office shall be for one (1) year or until 209
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a successor shall be elected, and shall transact such other 210
business as may come before the meeting. When the presiding 211
officer has voted and the result is a tie, he cannot vote again to 212
break the tie. 213
(2) The board members shall have authority to appoint a 214
nonmember as Commissioner of Community Colleges, who shall possess 215
the highest qualifications as an administrator and research 216
worker. The Commissioner of Community Colleges shall maintain an 217
office and be responsible to the board for the efficient 218
functioning of the staff which the board may from time to time 219
establish. It shall be the duty of the Commissioner of Community 220
Colleges to make constant inquiry into the problems of community 221
and junior colleges, to survey and study carefully the 222
organization, management and all other affairs of each community 223
and junior college under the control of said board members and 224
local community and junior college district trustees, to make 225
report of all findings and recommend such changes as will increase 226
efficiency and economy in the operation of each community or 227
junior college, and to perform such other duties as the board may 228
prescribe. The Commissioner of Community Colleges shall be 229
responsible for compiling all laws and all rules and regulations 230
of a general nature adopted by the board for the governance of the 231
various community and junior colleges in pamphlet or loose-leaf 232
form. Current copies of such compilations shall be furnished to 233
all officials directly responsible for the carrying out of such 234
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laws, rules and regulations. The expenses for such compilation 235
and publication shall be paid by the board out of any funds 236
available for the operation of said board. 237
(3) The board members shall authorize the employment of such 238
other personnel as may be required from time to time to carry out 239
the functions of the board and may assign to the personnel so 240
employed such functions and duties and may delegate to the 241
commissioner or other personnel such powers of the board as may be 242
necessary to accomplish the purposes for which the board was 243
established. All such personnel shall be employed by the 244
commissioner with the approval of the board and shall hold office 245
at the pleasure of the commissioner. The board shall also have 246
the authority to employ on a fee basis such technical and 247
professional assistance as may be necessary to carry out the 248
powers, duties and purposes of the board. 249
(4) The Commissioner of Community Colleges and other 250
personnel employed by the board shall receive reasonable salaries 251
commensurate with their duties and functions, the amount of which 252
shall be fixed by the board. The reasonable traveling expenses 253
and other authorized expenses incurred by the commissioner and 254
other personnel in the performance of their duties, together with 255
other expenses of the operation of the executive office, shall be 256
prorated and deducted from the appropriations for the current 257
expenses of the several community and junior colleges. 258
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SECTION 5. Section 37-4-7, Mississippi Code of 1972, is 259
amended as follows: 260
37-4-7. (1) The Mississippi Community College Board shall 261
succeed to and continue to exercise control of all records, books, 262
papers, equipment, and supplies, and all lands, buildings, and 263
other real and personal property belonging to or assigned to the 264
use and benefit of the board of trustees formerly supervising and 265
controlling the community and junior colleges named in Section 266
37-4-2. The board shall have and exercise control of the use, 267
distribution and disbursement of all funds, appropriations and 268
taxes, now and hereafter in possession, levied and collected, 269
received, or appropriated for the use, benefit, support, and 270
maintenance or capital outlay expenditures of the community and 271
junior colleges, including the authorization of employees to sign 272
vouchers for the disbursement of funds for the various community 273
and junior colleges, except where otherwise specifically provided 274
by law. 275
(2) The board shall have general supervision of the affairs 276
of all the community and junior colleges, including the 277
departments and the schools thereof. The board shall have the 278
power in its discretion to determine who shall be privileged to 279
enter, to remain in, or to graduate therefrom. The board shall 280
have general supervision of the conduct of libraries and 281
laboratories, the care of dormitories, buildings, and grounds; the 282
business methods and arrangement of accounts and records; the 283
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organization of the administrative plan of each institution; and 284
all other matters incident to the proper functioning of the 285
institutions. The board shall have the authority to establish 286
minimum standards of achievement as a prerequisite for entrance 287
into any of the community and junior colleges under its 288
jurisdiction, which standards need not be uniform between the 289
various community and junior colleges and which may be based upon 290
such criteria as the board may establish. 291
(3) The board shall exercise all the powers and prerogatives 292
conferred upon it under the laws establishing and providing for 293
the operation of the several community and junior colleges herein 294
specified. The board shall adopt such bylaws and regulations from 295
time to time as it deems expedient for the proper supervision and 296
control of the several community and junior colleges, insofar as 297
such bylaws and regulations are not repugnant to the Constitution 298
and laws, and not inconsistent with the object for which these 299
institutions were established. The board shall have power and 300
authority to prescribe rules and regulations for policing the 301
campuses and all buildings of the respective community and junior 302
colleges, to authorize the arrest of all persons violating on any 303
campus any criminal law of the state, and to have such law 304
violators turned over to the civil authorities. 305
(4) For all community and junior colleges specified herein, 306
the board shall provide a uniform system of recording and of 307
accounting approved by the State Department of Audit. The board 308
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shall annually prepare, or cause to be prepared, a budget for each 309
community and junior colleges for the succeeding year which must 310
be prepared and in readiness for at least thirty (30) days before 311
the convening of the regular session of the Legislature. All 312
relationships and negotiations between the State Legislature and 313
its various committees and the community and junior colleges named 314
herein shall be carried on through the board members. No 315
official, employee or agent representing any of the separate 316
community and junior colleges shall appear before the Legislature 317
or any committee thereof except upon the written order of the 318
board or upon the request of the Legislature or a committee 319
thereof. 320
(5) For all community and junior colleges specified herein, 321
the board shall prepare an annual report to the Legislature 322
setting forth the disbursements of all monies appropriated to the 323
respective community and junior colleges. Each report to the 324
Legislature shall show how the money appropriated to the several 325
community and junior colleges has been expended, beginning and 326
ending with the fiscal years of the community and junior colleges, 327
showing the name of each teacher, officer, and employee, and the 328
salary paid each, and an itemized statement of each and every item 329
of receipts and expenditures. Each report must be balanced, and 330
must begin with the former balance. If any property belonging to 331
the state or the community or junior college is used for profit, 332
the reports shall show the expense incurred in managing the 333
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property and the amount received therefrom. The reports shall 334
also show a summary of the gross receipts and gross disbursements 335
for each year and shall show the money on hand at the beginning of 336
the fiscal period of the community or junior college next 337
preceding each session of the Legislature and the necessary amount 338
of expense to be incurred from said date to January 1 following. 339
The board shall keep the annual expenditures of each community and 340
junior college herein mentioned within the income derived from 341
legislative appropriations and other sources, but in case of 342
emergency arising from acts of providence, epidemics, fire or 343
storm with the written approval of the Governor and by written 344
consent of a majority of the senators and of the representatives 345
it may exceed the income. The board shall require a surety bond 346
in a surety company authorized to do business in this state of 347
every employee who is the custodian of funds belonging to one or 348
more of the community and junior colleges mentioned herein, which 349
bond shall be in a sum to be fixed by the board in an amount that 350
will properly safeguard the said funds, the premium for which 351
shall be paid out of the funds appropriated for said community and 352
junior colleges. 353
(6) The board shall have the power and authority to approve 354
the appointment of the heads of the various community and junior 355
colleges upon the recommendation of such by the boards of trustees 356
of each community and junior college, and to contract with all 357
deans, professors, and other members of the teaching staff, and 358
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all administrative employees of said community and junior colleges 359
for a term not exceeding four (4) years. The board shall have the 360
power and authority to terminate any such contract at any time for 361
malfeasance, inefficiency, or contumacious conduct, but never for 362
political reasons. It shall be the policy of the board to permit 363
the executive head of each community or junior college to nominate 364
for election by the board all subordinate employees of the 365
community or junior college over which he or she presides. It 366
shall be the policy of the board to elect all officials for a 367
definite tenure of service and to reelect during the period of 368
satisfactory service. The board shall have the power to make any 369
adjustments it thinks necessary between the various departments 370
and schools of any community or junior college or between the 371
different community and junior colleges. 372
(7) The board shall keep complete minutes and records of all 373
proceedings which shall be open for inspection by any citizen of 374
the state. 375
(8) The board shall have the power to enter into an energy 376
performance contract, energy services contract, on a 377
shared-savings, lease or lease-purchase basis, for energy 378
efficiency services and/or equipment as prescribed in Section 379
31-7-14. 380
(9) In connection with any international contract between 381
the board or one (1) of the community and junior colleges and any 382
party outside of the United States, the board or community or 383
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junior college that is the party to the international contract is 384
hereby authorized and empowered to include in the contract a 385
provision for the resolution by arbitration of any controversy 386
between the parties to the contract relating to such contract or 387
the failure or refusal to perform any part of the contract. Such 388
provision shall be valid, enforceable and irrevocable without 389
regard to the justiciable character of the controversy. Provided, 390
however, that in the event either party to such contract initiates 391
litigation against the other with respect to the contract, the 392
arbitration provision shall be deemed waived unless asserted as a 393
defense on or before the responding party is required to answer 394
such litigation. 395
(10) The Mississippi Community College Board, on behalf of 396
any community or junior college under its jurisdiction, shall 397
purchase and maintain business property insurance and business 398
personal property insurance on all college-owned buildings and/or 399
contents as required by federal law and regulations of the Federal 400
Emergency Management Agency (FEMA) as is necessary for receiving 401
public assistance or reimbursement for repair, reconstruction, 402
replacement or other damage to those buildings and/or contents 403
caused by the Hurricane Katrina Disaster of 2005 or subsequent 404
disasters. The board is authorized to expend funds from any 405
available source for the purpose of obtaining and maintaining that 406
property insurance. The board is authorized to enter into 407
agreements with the Department of Finance and Administration, 408
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local school districts, community/junior college districts, Board 409
of Trustees of State Institutions of Higher Learning, community 410
hospitals and/or other state agencies to pool their liabilities to 411
participate in a group business property and/or business personal 412
property insurance program, subject to uniform rules and 413
regulations as may be adopted by the Department of Finance and 414
Administration. 415
(11) The Mississippi Community College Board, or its 416
designee, may approve the payment or reimbursement of reasonable 417
travel expenses incurred by candidates for open positions at the 418
board's executive office or at any of the community and junior 419
colleges, when the job candidate has incurred expenses in 420
traveling to a job interview at the request of the board, the 421
Commissioner of Community Colleges or a community or junior 422
college administrator. 423
(12) (a) The Mississippi Community College Board is 424
authorized to administer and approve contracts for the 425
construction and maintenance of buildings and other facilities of 426
the state institutions of higher learning, including related 427
contracts for architectural and engineering services, which are 428
paid for with self-generated funds. 429
(b) Additionally, the board is authorized to oversee, 430
administer and approve contracts for the construction and 431
maintenance of buildings and other facilities of community and 432
junior colleges, including related contracts for architectural and 433
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engineering services, which are funded, in whole or in part, by 434
general obligation bonds of the State of Mississippi at 435
institutions designated annually by the board as being capable to 436
procure and administer all such contracts. Prior to the 437
disbursement of funds, an agreement for each project between the 438
community or junior college and the Department of Finance and 439
Administration shall be executed. The approval and execution of 440
the agreement shall not be withheld by either party unless the 441
withholding party provides a written, detailed explanation of the 442
basis for withholding to the other party. The agreement shall 443
stipulate the responsibilities of each party, applicable 444
procurement regulations, documentation and reporting requirements, 445
conditions prior to, and schedule of, disbursement of general 446
obligation bond funds to the community or junior college and 447
provisions concerning handling any remaining general obligation 448
bonds at the completion of the project. The agreement shall not 449
include provisions that constitute additional qualifications or 450
criteria that act to invalidate the designation of a community or 451
junior college as capable of procuring and administering such 452
project. Inclusion of any such provisions may be appealed to the 453
Public Procurement Review Board. 454
(13) Additionally, the Mississippi Community College Board 455
shall: 456
(a) Approve new, changes to and deletions of vocational 457
and technical programs to the various colleges; 458
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(b) Require community and junior colleges to supply 459
such information as the board may request and compile, publish and 460
make available such reports based thereon as the board may deem 461
advisable; 462
(c) Approve proposed new attendance centers (campus 463
locations) as the local community and junior college boards of 464
trustees should determine to be in the best interest of the 465
district. However, no new community or junior college branch 466
campus shall be approved without an authorizing act of the 467
Legislature; 468
(d) Serve as the state approving agency for federal 469
funds for proposed contracts to borrow money for the purpose of 470
acquiring land, erecting, repairing, et seq., dormitories, 471
dwellings or apartments for students and/or faculty, such loans to 472
be paid from revenue produced by such facilities as requested by 473
local boards of trustees; 474
(e) Approve: 475
(i) Applications from community and junior 476
colleges for state funds for vocational technical education 477
facilities; and 478
(ii) Any university branch campus offering lower 479
undergraduate level courses for credit; 480
(f) Appoint members to the Post Secondary Educational 481
Assistance Board and to the Authority for Educational Television; 482
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(g) Contract with other boards, commissions, 483
governmental entities, foundations, corporations or individuals 484
for programs, services, grants and awards when such are needed for 485
the operation and development of the state public community and 486
junior college system; 487
(h) Have sign off approval on the State Plan for 488
Vocational Education which is developed in cooperation with 489
appropriate units of the State Department of Education; and 490
(i) Approve or disapprove of any proposed inclusion 491
within municipal corporate limits of state-owned buildings and 492
grounds of any community college or junior college and to approve 493
or disapprove of land use development, zoning requirements, 494
building codes and delivery of governmental services applicable to 495
state-owned buildings and grounds of any community college or 496
junior college. Any agreement by a local board of trustees of a 497
community college or junior college to annexation of state-owned 498
property or other conditions described in this paragraph shall be 499
void unless approved by the board and by the board of supervisors 500
of the county in which the state-owned property is located. 501
(14) The Mississippi Community College Board shall require 502
all on-campus faculty and staff employed by, and all students 503
attending, any of the community and junior colleges identified in 504
Section 37-4-2 to be issued an identification badge in physical or 505
electronic format. Any identification card issued or renewed 506
pursuant to this section, whether physical or in an electronic 507
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format, shall include the words "Crisis Lifeline-Dial or Text 988, 508
or chat 988lifeline.org" or like language for formatting purposes. 509
(15) The Mississippi Community College Board shall study the 510
feasibility of developing and implementing a state adopted uniform 511
contract within each community and junior college district. Such 512
study shall include, but not be limited to, the following areas 513
for consideration: 514
(a) Terms of employment; 515
(b) Salary schedules; 516
(c) Leave provisions; 517
(d) Health insurance benefits; 518
(e) Tenure; and 519
(f) Retirement benefits. 520
SECTION 6. The following shall be codified as Section 521
37-4-8, Mississippi Code of 1972: 522
37-4-8. The Mississippi Community College Board is hereby 523
authorized and empowered, in its discretion, to adopt and have an 524
official seal in such form as it deems appropriate for its 525
official use. 526
SECTION 7. The following shall be codified as Section 527
37-4-10, Mississippi Code of 1972: 528
37-4-10. The Mississippi Community College Board shall 529
develop a system of manpower management which shall be implemented 530
in all community and junior colleges under the control of the 531
board. The manpower management system shall be so designed to 532
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ensure accurate and rapid reporting of all manpower positions 533
within each institution by job classification to include position 534
number and title, grade, salary and fringe benefits, name of 535
incumbent, social security number and date of hire. 536
SECTION 8. Section 37-4-11, Mississippi Code of 1972, is 537
amended as follows: 538
37-4-11. (1) The purpose of this section is to ensure the 539
uniform management, oversight and accountability of the 540
state-funded Industrial Training Programs, * * * postsecondary 541
Adult Short-Term Training Programs and Workforce Education 542
Programs administered by the Mississippi Community College Board 543
for adults provided to the citizens of Mississippi. 544
(2) * * * All state-funded Industrial Training Programs and 545
postsecondary Adult Short-term Training Programs * * * shall 546
be * * * administered by the Workforce Education Program of the 547
Mississippi Community College Board. The Legislature shall 548
appropriate annually to the Mississippi Community College Board 549
funds necessary to administer these programs. 550
(3) * * * All funds, unexpended balances, assets, 551
liabilities and property * * * used in the delivery of 552
postsecondary Adult Short-term Training Programs and Industrial 553
Training Programs * * * shall be transferred to the Workforce 554
Education Program funds of the Mississippi Community College 555
Board. The State Department of Education also shall transfer to 556
the Mississippi Community College Board all positions and funds 557
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employed by the State Department of Education and community 558
colleges which render industrial training, postsecondary adult 559
short-term training or workforce education services * * *. Any 560
funds available to the State Department of Education for 561
Industrial Training Programs and state-funded postsecondary Adult 562
Short-term Training Programs which are subject to carryover shall 563
be transferred to the Work Force Carryover Fund established by 564
Chapter 498, Laws of 1995, for use by the Mississippi Community 565
College Board * * *. 566
(4) The Mississippi Community College Board shall develop an 567
accountability system that shall report and describe all classes 568
taught in the area of workforce education, the number of persons 569
taught in these classes, and the location and cost of each class 570
taught. To assess the impact of these programs, the Mississippi 571
Community College Board also shall report: 572
(a) Whether the needs of industry have been met through 573
training program offerings; 574
(b) Any changes in the income of trainees between the 575
completion of training and the date of the report; 576
(c) The number of jobs created and the number of jobs 577
retained through the programs; and 578
(d) Trainee success in passing proficiency tests, where 579
applicable. 580
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This information shall be reported on a fiscal year basis and 581
shall be provided to the House and Senate Education Committees 582
before December 15 of each year. 583
SECTION 9. The following shall be codified as Section 584
37-4-12, Mississippi Code of 1972: 585
37-4-12. In addition to the powers vested in the Mississippi 586
Community College Board by this chapter, the board is hereby 587
authorized to establish a reserve fund to receive funds from 588
state, federal or private sources for the purpose of guaranteeing 589
payment of loans obtained by college students from public or 590
private lenders or banking institutions. The board is authorized 591
and empowered to do and perform all the necessary and requisite 592
acts and deeds necessary to carry out the provisions of this 593
section. 594
SECTION 10. The following shall be codified as Section 595
37-4-17, Mississippi Code of 1972: 596
37-4-17. (1) (a) Except as otherwise provided in paragraph 597
(b) of this section, and subject to the provisions of Section 598
37-4-19, the Mississippi Community College Board is authorized and 599
empowered to lease to private individuals or corporations for a 600
term not exceeding thirty-five (35) years any land or land with 601
existing auxiliary facilities at any of the following community 602
and junior colleges: Coahoma Community College, Copiah-Lincoln 603
Community College, East Central Community College, East 604
Mississippi Community College, Hinds Community College, Holmes 605
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Community College, Itawamba Community College, Jones Junior 606
College, Meridian Community College, Mississippi Delta Community 607
College, Mississippi Gulf Coast Community College, 608
Northeast Mississippi Community College, Northwest Mississippi 609
Community College, Pearl River Community College and Southwest 610
Mississippi Community College, for the purpose of erecting or 611
renovating, furnishing, maintaining and equipping auxiliary 612
facilities thereon for active faculty, staff and/or students. The 613
auxiliary facilities shall be constructed or renovated, and may be 614
furnished, maintained and equipped thereon by private financing, 615
and may be leased back to the board for use by the concerned 616
community or junior college. The lease shall contain a provision 617
permitting the board to purchase the building located thereon, 618
including any furnishings and equipment therein, for the sum of 619
One Dollar ($1.00) after payment by the board of all sums of money 620
due under said lease. 621
(b) The Mississippi Community College Board may grant 622
authority to community and junior colleges to lease to private 623
individuals or corporations for a period not exceeding thirty-five 624
(35) years, any land or land with existing auxiliary facilities at 625
the community or junior college, for the purpose of erecting or 626
renovating, furnishing, maintaining and equipping auxiliary 627
facilities thereon for active faculty, staff and/or students. The 628
auxiliary facilities shall be constructed or renovated, and may be 629
furnished, maintained and equipped thereon by private financing, 630
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and may be leased back to the board for use by the community or 631
junior college. The lease shall contain a provision permitting 632
the board to purchase the auxiliary facilities located thereon, 633
including any furnishings and equipment therein, for the sum of 634
One Dollar ($1.00) after payment by the board of all sums of money 635
due under the lease. 636
(2) Upon there being an agreement reached between the 637
Mississippi Community College Board and a community or junior 638
college upon whose land the auxiliary facility will be constructed 639
or renovated and a private individual(s) or corporation(s) to 640
enter into such lease agreement as described in subsection (1), it 641
shall be stipulated in the agreement that all newly constructed or 642
renovated auxiliary facilities shall be in compliance with the 643
minimum building code standards employed by the state as required 644
under Section 31-11-33. 645
(3) The board, in conjunction with the community or junior 646
college, shall have sole discretion to decide the placement of new 647
auxiliary facilities upon the college's campus. However, the 648
scope of any such construction or renovation by private entities 649
shall be limited to two (2) leases entered into pursuant to this 650
Section 37-4-17 per year for each community or junior college, and 651
shall not exceed in the aggregate twenty-five percent (25%) of the 652
college's total main campus or satellite campus property under the 653
original lease period. In addition, the scope of any such 654
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renovation by private entities shall be limited to one (1) project 655
per fiscal year for each community or junior college. 656
(4) No contractual lease agreement for the construction or 657
renovation, furnishing, maintaining and equipping of privately 658
financed auxiliary facilities shall be entered into by a community 659
or junior college without prior approval of the Mississippi 660
Community College Board. An auxiliary facility is a facility that 661
is described by the current Postsecondary Education Facilities 662
Inventory and Classification Manual (FICM) as within categories 663
500/600/700/800/900. 664
Before entering into contractual lease agreements for the 665
construction or renovation, furnishing, maintaining and equipping 666
of privately financed auxiliary facilities, the board shall 667
establish rules and procedures to ensure adequate public 668
advertisement of any requirement for the construction or 669
renovation, furnishing, maintaining and equipping of privately 670
financed auxiliary facilities at a university in order to promote 671
full and open competition and which set forth the requirements for 672
evaluation of offers and award of the contract lease agreement to 673
the private entity. 674
(5) In addition to the above stated authority, the community 675
or junior college, with the permission of the board, is authorized 676
to enter into such marketing, support, management, operating, 677
cooperating or other similar agreements as the college and board 678
may deem advisable or prudent in connection with the ongoing 679
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operations of such auxiliary facilities for a period not to exceed 680
the term of the lease relating to such auxiliary facilities. 681
SECTION 11. The following shall be codified as Section 682
37-4-19, Mississippi Code of 1972: 683
37-4-19. There is created an advisory committee to the 684
Mississippi Community College Board for the lease of the property 685
described in Sections 37-4-17, 37-4-21 and 37-4-23, which shall be 686
composed of the following members: 687
(a) The respective Chairmen of the Public Property 688
Committees of the House of Representatives and the Senate; 689
(b) The respective Chairmen of the Universities and 690
Colleges Committees of the House of Representatives and the 691
Senate; 692
(c) One (1) member of the House of Representatives, to 693
be appointed by the Speaker of the House; and 694
(d) One (1) member of the Senate, to be appointed by the 695
Lieutenant Governor. 696
(2) Before selecting the private developer to which to lease 697
the property described in Sections 37-4-17, 37-4-21 and 37-4-23, 698
and while negotiating the terms of the lease with the private 699
developer that has been selected, the Mississippi Community 700
College Board shall consult with the advisory committee and 701
consider any suggestions and recommendations made by the advisory 702
committee regarding the lease of the property. 703
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SECTION 12. The following shall be codified as Section 704
37-4-21, Mississippi Code of 1972: 705
37-4-21. (1) (a) Except as otherwise provided in Section 706
37-4-23, and subject to the provisions of Section 37-4-19, before 707
entering into or awarding any such lease contract under the 708
provisions of Section 37-4-17, the Mississippi Community College 709
Board of Trustees shall cause the interested community or junior 710
college upon which a facility is proposed to be constructed or 711
renovated to select and submit three (3) architects to the board. 712
Thereupon, the board shall approve and employ an architect, who 713
shall be paid by the interested community or junior college from 714
any funds available to the interested community or junior college. 715
The architect, under the direction of the interested community or 716
junior, shall prepare complete plans and specifications for the 717
facility or facilities desired to be constructed or renovated on 718
the leased property. 719
(b) Upon completion of the plans and specifications and 720
the approval thereof by the board, and before entering into any 721
lease contract, the board shall cause to be published once a week 722
for at least three (3) consecutive weeks and not less than 723
twenty-one (21) days in at least one (1) newspaper having a 724
general circulation in the counties in which the interested 725
community or junior college district is located and in one (1) 726
newspaper with a general statewide circulation, a notice inviting 727
bids or proposals for the leasing, construction or renovation, 728
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including the furnishing, maintaining and equipping, if 729
applicable, and leasing back, if applicable, of the land and 730
constructed or renovated facility, including any applicable 731
furnishings or equipment, of the facility to be constructed or 732
renovated in accordance with the plans and specifications. The 733
notice shall distinctly state the thing to be done, and invite 734
sealed proposals, to be filed with the board, to do the thing to 735
be done. The notice shall contain the following specific 736
provisions, together with such others as the board in its 737
discretion deems appropriate, to wit: bids shall be accompanied by 738
a bid security evidenced by a certified or cashier's check or 739
bid-bond payable to the board in a sum of not less than five 740
percent (5%) of the gross construction cost of the facility to be 741
constructed as estimated by the board and the bids shall contain 742
proof satisfactory to the board of interim and permanent 743
financing. The board shall state in the notice when construction 744
shall commence. The bid shall contain the proposed contractor's 745
certificate of responsibility number and bidder's license. In all 746
cases, before the notice shall be published, the plans and 747
specifications shall be filed with the board and also in the 748
office of the president of the interested institution, there to 749
remain. 750
(c) The board shall award the lease contract to the 751
lowest and best bidder, who will comply with the terms imposed by 752
the contract documents. At the time of the awarding of the lease 753
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contract the successful bidder shall enter into bond with 754
sufficient sureties, to be approved by the board, in such penalty 755
as may be fixed by the board, but in no case to be less than the 756
estimated gross construction or renovation cost of the facility to 757
be constructed or renovated as estimated by the board, conditioned 758
for the prompt, proper and efficient performance of the contract. 759
The bond shall be made by an authorized corporate surety bonding 760
company. The bid security herein provided for shall be forfeited 761
if the successful bidder fails to enter into lease contract and 762
commence construction or renovation within the time limitation set 763
forth in the notice. At such time, and simultaneously with the 764
signing of the contract, the successful bidder shall deposit a sum 765
of money, in cash or certified or cashier's check, not less than 766
the bid security previously deposited as bid security to reimburse 767
the interested community or junior college for all sums expended 768
by it for architectural services and other expenditures of the 769
board and interested community or junior college connected with 770
the bidded lease contract, of which such other anticipated 771
expenditures notice is to be given to bidder in the notice. The 772
bid security posted by an unsuccessful bidder shall be refunded to 773
him or her. 774
(2) Under the authority granted under Section 37-4-23, the 775
requirements of subsection (1) of this section shall not apply to 776
the Mississippi Community College Board's power to grant to 777
community and junior colleges the authority to contract with a 778
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single entity for privately financed design and construction or 779
renovation, and if applicable, the furnishing, maintaining and 780
equipping of facilities on university campuses, and if applicable, 781
the furnishing, maintenance and equipping of facilities on college 782
campuses. 783
SECTION 13. The following shall be codified as Section 784
37-4-23, Mississippi Code of 1972: 785
37-4-23. (1) In lieu of exercising the authority set forth 786
in Section 37-4-21 and before entering into or awarding any lease 787
under Section 37-4-17, the Mississippi Community College Board, 788
subject to the provisions of Section 37-4-19, may award contracts 789
to a single entity for privately financed design and construction 790
or renovation of facilities on community and junior college 791
campuses, as well as for maintaining, furnishing and equipping of 792
such facilities, if the entities receiving the contract or 793
contracts and those entities to which work or services are 794
subcontracted are duly licensed and qualified in the state to 795
perform the contract or contracts. State General Fund 796
appropriations or bonds backed by the state may not be used to 797
finance the construction or maintenance of any such facility. 798
(2) The design-build delivery system described under 799
subsection (1) of this section shall be administered pursuant to 800
Section 31-7-13.1 and may be authorized only when the board makes 801
a determination, entered on its minutes, with specific findings 802
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for the project demonstrating how it is in the best interest of 803
the public to enter into a design-build contract. 804
SECTION 14. The following shall be codified as Section 805
37-4-25, Mississippi Code of 1972: 806
37-4-25. Any holder of lease rights arising under the 807
provisions of Section 37-101-17, either at law or in equity, by 808
suit, action, or other proceeding, may protect and enforce any and 809
all rights granted thereunder, or under the resolution pursuant to 810
which such lease was signed, or under said lease, and may enforce 811
and compel performance of all duties required by said section to 812
be performed, in order to provide for the payment of the lease 813
obligations set out in said lease. 814
SECTION 15. The following shall be codified as Section 815
37-4-27, Mississippi Code of 1972: 816
37-4-27. Any leases executed under the provisions of Section 817
37-4-17 shall be legal investments for trustees and other 818
fiduciaries, and for banks, trust companies, and insurance 819
companies authorized to do business in the State of Mississippi. 820
SECTION 16. Section 37-101-13, Mississippi Code of 1972, is 821
amended as follows: 822
37-101-13. It shall be the duty of the Board of Trustees of 823
State Institutions of Higher Learning and the * * * Mississippi 824
Community College Board to begin immediately a comprehensive study 825
of gaming and related programs, degrees and courses offered. 826
Following the completion of such study, the board shall make such 827
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adjustments as may be found to be necessary in the programs of the 828
various institutions, to the end that the broadest possible 829
educational opportunities shall be offered to the citizens of this 830
state without inefficient and needless duplication. Subject to 831
the provisions of Section 75-76-34, the boards shall, through such 832
officers of the boards and through such procedures as it shall see 833
fit to establish, exercise continuing jurisdiction and control 834
over the establishment of new courses of study, new departments 835
and new functions and activities in each institution and each 836
community and junior college under their respective purview so 837
that the growth and development of the program of * * * 838
postsecondary education in the state shall proceed in an orderly 839
and rational manner, inefficient and needless duplication may be 840
avoided, and new expanded programs will be undertaken only as the 841
same may become justified, based upon objective criteria to be 842
established by the boards. In carrying out the purposes of this 843
section, particular attention shall be given to the extension 844
programs of the various institutions and community and junior 845
colleges. The boards, in conjunction with the chancellor and 846
presidents of the institutions and community and junior colleges, 847
shall take such steps as may be necessary to improve and 848
coordinate such programs and shall exercise such direct control 849
over the establishment, organization, operation and granting of 850
credit for such programs as may be necessary to accomplish such 851
purposes. 852
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SECTION 17. Section 37-4-1, Mississippi Code of 1972, is 853
brought forward as follows: 854
37-4-1. The Legislature finds and determines that the 855
social, cultural and economic well-being of the people of 856
Mississippi, and hence the state, are enhanced by various 857
educational experiences beyond the elementary and secondary school 858
years. The Legislature hereby provides a means for the 859
continuation of a system of community and junior colleges and 860
declares the following to be the policy of the State of 861
Mississippi: 862
(a) The general purpose of the community and junior 863
colleges is to provide educational services for the people of its 864
geographic area within the legal structure of the comprehensive 865
community college. These services include the teaching and 866
guiding of students who intend to transfer to senior colleges to 867
pursue an academic degree and the teaching and guiding of 868
career-oriented students in academic, technical and vocational 869
programs. These services also include providing opportunities for 870
continuing education in academic, technical, vocational and adult 871
education, and providing leadership in civic, economic and 872
cultural growth. 873
(b) Different geographic regions of the state have 874
differing needs for human development. 875
(c) Local governance of the public community and junior 876
colleges is an effective and efficient means of meeting the 877
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diverse local needs, as well as those needs and priorities 878
established by the state. 879
(d) All post-high school youth and adults who have the 880
motivation and ability to benefit from additional educational 881
services and experiences should be provided such an opportunity. 882
(e) Community and junior colleges should provide 883
quality instructional activities that are accessible 884
geographically and financially to the people of the state, within 885
the resources available for this purpose. 886
(f) Instructional activities should be related to the 887
needs of the individual, region and state, and should be available 888
throughout one's life regardless of prior educational experiences 889
or attainment. 890
(g) An appropriate relationship between local district 891
and state financial support of community and junior colleges shall 892
be established. 893
(h) Coordination between public schools, community and 894
junior colleges and universities shall complement the educational 895
goals and attainments of individuals and the state. 896
(i) The Associate Degree should be a definitive and 897
accepted higher educational degree, recognized for transfer to 898
four-year institutions and for employment and promotion in 899
business and industry. 900
(j) The community and junior colleges shall be the 901
presumptive deliverers of public post-secondary training designed 902
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to meet the needs of individuals, business and state development 903
objectives. This includes, but is not limited to, post-secondary 904
training conducted under federal and state vocational and 905
technical acts. 906
(k) Community and junior colleges shall be considered 907
agencies of local government rather than agencies of the state. 908
SECTION 18. Section 37-4-5, Mississippi Code of 1972, is 909
brought forward as follows: 910
37-4-5. (1) The terms "Junior College Commission" and 911
"State Board for Community and Junior Colleges," whenever they 912
appear in the laws of the State of Mississippi, mean the 913
"Mississippi Community College Board." 914
(2) The term "High School Equivalency Diploma," whenever it 915
appears in the laws of the State of Mississippi, means a high 916
school diploma that has been approved by the Mississippi Community 917
College Board. 918
(3) The terms "general educational development," "general 919
education development" and "GED," whenever they appear in the laws 920
of the State of Mississippi, mean a high school equivalency 921
diploma as defined in subsection (2) of this section. 922
SECTION 19. Section 37-4-9, Mississippi Code of 1972, is 923
brought forward as follows: 924
37-4-9. The Mississippi Community College Board is 925
authorized to receive income from voluntary fees, contributions, 926
donations, other forms of financial assistance, materials or 927
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manpower from persons, corporations, organizations and other 928
sources, private or public, to be utilized and expended by the 929
board in carrying out the incentive certification program mandated 930
by the Work Force and Education Act of 1994 in Sections 37-151-63 931
through 37-151-75 and 37-153-1 through 37-153-13. Additionally, 932
awards or scholarships to industry or to students or both are 933
authorized. 934
SECTION 20. Section 37-4-13, Mississippi Code of 1972, is 935
brought forward as follows: 936
37-4-13. (1) In negotiating commitments under the 937
Industrial Training Programs with industries seeking to locate or 938
expand in Mississippi, the Mississippi Community College Board may 939
enter into multi-year agreements for such training programs 940
subject to the availability of funds appropriated therefor. 941
(2) The Mississippi Community College Board shall file a 942
report with the Secretary of the Senate and the Clerk of the House 943
of Representatives listing the commitments that are made pursuant 944
to subsection (1) of this section. 945
SECTION 21. Section 37-4-15, Mississippi Code of 1972, is 946
brought forward as follows: 947
37-4-15. (1) On or after July 1, 2002, the Mississippi 948
Community College Board shall contract with a competent management 949
consulting or accounting firm to study the state funding formula 950
for community and junior colleges. The study shall accomplish the 951
following specific outcomes: 952
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(a) Evaluate the validity of the current student 953
classifications used in the funding formula and make 954
recommendations for change in the classification system if 955
advisable; 956
(b) Evaluate the weights assigned to each student 957
classification and make recommendations for change in the current 958
weights if advisable; 959
(c) Identify the best management practices associated 960
with the production of graduates in each of the student 961
classifications and use such information as a basis for validating 962
any changes in weights referred to in paragraph (b) of this 963
subsection. The study of best practices shall also identify the 964
amount of state funding that is used in program areas at schools 965
exhibiting the best management practices. 966
(2) The report also shall recommend to the Mississippi 967
Community College Board all reporting requirements and systems 968
needed to collect information necessary to maintain a valid system 969
of weights, student classification and the best practices 970
associated with producing graduates most efficiently. All 971
community and junior colleges shall cooperate with the Mississippi 972
Community College Board in conducting this study and in providing 973
all further information on an annual basis necessary to update the 974
weights for programs established as a result of this study, the 975
best management practices and the student classifications 976
established as a result of this study. 977
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(3) The Mississippi Community College Board shall report its 978
findings to the Chairs of the House and Senate Education 979
Committees and the House and Senate Appropriations Committees no 980
later than December 15, 2002. 981
SECTION 22. Section 37-29-1, Mississippi Code of 1972, is 982
brought forward as follows: 983
37-29-1. (1) The creation, establishment, maintenance and 984
operation of community colleges is authorized. Community colleges 985
may admit students if they have earned one (1) unit less than the 986
number of units required for high school graduation established by 987
State Board of Education policy or have earned a High School 988
Equivalency Diploma in courses correlated to those of senior 989
colleges or professional schools. Subject to the provisions of 990
Section 75-76-34, they shall offer, without limitation, education 991
and training preparatory for occupations such as agriculture, 992
industry of all kinds, business, homemaking and for other 993
occupations on the semiprofessional and vocational-technical 994
level. They may offer courses and services to students regardless 995
of their previous educational attainment or further academic 996
plans. 997
(2) The boards of trustees of the community college 998
districts are authorized to establish an early admission program 999
under which applicants having a minimum ACT composite score of 1000
twenty-six (26) or the equivalent SAT score may be admitted as 1001
full-time college students if the principal or guidance counselor 1002
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of the student recommends in writing that it is in the best 1003
educational interest of the student. Such recommendation shall 1004
also state that the student's age will not keep him from being a 1005
successful full-time college student. Students admitted in the 1006
early admission program shall not be counted for total funding 1007
formula purposes in the net enrollment of the school district in 1008
which they reside, and transportation required by a student to 1009
participate in the early admission program shall be the 1010
responsibility of the parents or legal guardians of the student. 1011
Grades and college credits earned by students admitted to the 1012
early admission program shall be recorded on the college 1013
transcript at the community college where the student attends 1014
classes, and may be released to another institution or used for 1015
college graduation requirements only after the student has 1016
successfully completed one (1) full semester of course work. 1017
(3) The community colleges shall provide, through courses or 1018
other acceptable educational measures, the general education 1019
necessary to individuals and groups which will tend to make them 1020
capable of living satisfactory lives consistent with the ideals of 1021
a democratic society. 1022
SECTION 23. Section 37-29-5, Mississippi Code of 1972, is 1023
brought forward as follows: 1024
37-29-5. Title to lands may be acquired and buildings and 1025
other improvements may be erected thereon for the use and benefit 1026
of junior colleges. Title to all such property hereafter acquired 1027
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shall be vested in the board of trustees and the trustees' 1028
successors in office. 1029
Any board of supervisors or board of trustees of any 1030
municipal separate school district which presently holds title to 1031
the lands, buildings, and improvements of a junior college may 1032
convey title to same to the board of trustees and their successors 1033
in office of such junior college pursuant to a resolution of such 1034
board of supervisors or board of trustees of a municipal separate 1035
school district, duly adopted and spread on the minutes of said 1036
board of supervisors. 1037
SECTION 24. Section 37-29-31, Mississippi Code of 1972, is 1038
brought forward as follows: 1039
37-29-31. There are hereby created the following junior 1040
college districts comprising the entire counties therein named and 1041
having boundaries coinciding with the external boundaries thereof, 1042
each of which shall be separate juristic entities and bodies 1043
politic and corporate: 1044
(a) East Central Junior College District shall be 1045
comprised of the counties of Leake, Neshoba, Newton, Scott and 1046
Winston. 1047
(b) East Mississippi Junior College District shall be 1048
comprised of the counties of Clay, Kemper, Lauderdale, Lowndes, 1049
Noxubee and Oktibbeha. 1050
(c) Hinds Junior College District shall be comprised of 1051
the counties of Hinds, Rankin, Warren and Claiborne. 1052
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(d) Holmes Junior College District shall be comprised 1053
of the counties of Attala, Carroll, Choctaw, Grenada, Holmes, 1054
Madison, Montgomery, Webster and Yazoo. 1055
(e) Itawamba Junior College District shall be comprised 1056
of the counties of Chickasaw, Itawamba, Lee, Monroe and Pontotoc. 1057
(f) Jones County Junior College District shall be 1058
comprised of the counties of Clarke, Covington, Greene, Jasper, 1059
Jones, Perry, Smith and Wayne. 1060
(g) Mississippi Delta Junior College District shall be 1061
comprised of the counties of Bolivar, Humphreys, Issaquena, 1062
Leflore, Sharkey, Sunflower and Washington. 1063
(h) Northeast Junior College District shall be 1064
comprised of the counties of Alcorn, Prentiss, Tippah, Tishomingo 1065
and Union. 1066
(i) Northwest Junior College District shall be 1067
comprised of the counties of Benton, Calhoun, DeSoto, Lafayette, 1068
Marshall, Panola, Quitman, Tallahatchie, Tate, Tunica and 1069
Yalobusha. 1070
(j) Pearl River Junior College District shall be 1071
comprised of the counties of Forrest, Hancock, Jefferson Davis, 1072
Lamar, Marion and Pearl River. 1073
(k) Southwest Junior College District shall be 1074
comprised of the counties of Amite, Pike, Walthall and Wilkinson. 1075
SECTION 25. Section 37-29-33, Mississippi Code of 1972, is 1076
brought forward as follows: 1077
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37-29-33. Except as otherwise provided in Sections 37-29-1 1078
through 37-29-273, all of the property belonging to the board of 1079
trustees of any existing junior college and all of the property 1080
belonging to any or all of the counties cooperating, as of July 1, 1081
1964, in the existing junior colleges or the agricultural high 1082
schools and junior colleges located at the existing campuses and 1083
utilized or held for the present or future use and benefit of such 1084
junior colleges and/or agricultural high schools and junior 1085
colleges, shall be and the same is hereby transferred to and 1086
vested in the boards of trustees of the junior college districts 1087
created in Section 37-29-31. 1088
SECTION 26. Section 37-29-37, Mississippi Code of 1972, is 1089
brought forward as follows: 1090
37-29-37. (1) Notwithstanding the provisions of Sections 1091
37-29-1 through 37-29-273 to the contrary, any existing publicly 1092
operated junior college, lying in and operated by a county 1093
bordering on the Mississippi River, may, in the discretion of the 1094
board of supervisors of such county, continue to operate said 1095
college under such terms and conditions as said board may deem 1096
necessary and requisite in the premises. The governing 1097
authorities of other counties and municipalities are authorized 1098
and empowered, in the discretion of said governing bodies, to 1099
appropriate funds for the support of said junior college. 1100
(2) The provisions of the preceding subsection shall not 1101
impair nor abrogate the aforesaid county's obligations, duties, 1102
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powers, and rights as a member county of the junior college 1103
district to which it is made a part by Section 37-29-31. 1104
(3) All of the property and facilities of any existing 1105
junior college located outside of the boundaries of the county 1106
owning and operating the same shall be and the same are hereby 1107
transferred to and vested in the board of trustees of the junior 1108
college district in which said county owning and operating said 1109
junior college is situated, and the board of trustees of said 1110
junior college district is authorized to continue the operation of 1111
said college under such terms and conditions as such board may 1112
deem necessary and requisite. 1113
The governing authorities of other counties and 1114
municipalities lying outside of such junior college district are 1115
authorized and empowered, in the discretion of their governing 1116
bodies, to levy taxes and to appropriate funds for the support of 1117
such junior college. 1118
SECTION 27. Section 37-29-39, Mississippi Code of 1972, is 1119
brought forward as follows: 1120
37-29-39. It is expressly provided that nothing in Sections 1121
37-29-1 through 37-29-273 shall be construed as affecting a junior 1122
college district heretofore established under authority of 1123
Sections 37-29-401 through 37-29-437. 1124
SECTION 28. Section 37-29-61, Mississippi Code of 1972, is 1125
brought forward as follows: 1126
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37-29-61. The executive head of a junior college shall be 1127
the president of the college who shall be selected by the board of 1128
trustees for a term not to exceed four years 1129
SECTION 29. Section 37-29-63, Mississippi Code of 1972, is 1130
brought forward as follows: 1131
37-29-63. (1) The president of any community college, or 1132
such other person designated or authorized by the board of 1133
trustees, shall have the power to recommend to the board of 1134
trustees all teachers to be employed in the district. 1135
(2) The president may remove or suspend any member of the 1136
faculty subject to the approval of the trustees. He shall be the 1137
general manager of all fiscal and administrative affairs of the 1138
district with full authority to select, direct, employ and 1139
discharge any and all employees other than teachers; however, the 1140
board may make provisions and establish policies for leave for 1141
faculty members and other key personnel. 1142
(3) The president shall have the authority, subject to the 1143
provisions of Section 75-76-34 and Sections 37-29-1 through 1144
37-29-273 and the approval of the trustees, to arrange and survey 1145
courses of study, fix schedules, and establish and enforce rules 1146
and discipline for the governing of teachers and students. He 1147
shall be the general custodian of the property of the district. 1148
SECTION 30. Section 37-29-65, Mississippi Code of 1972, is 1149
brought forward as follows: 1150
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37-29-65. (1) Except as provided in this section and in 1151
Sections 37-29-409, 37-29-457 and 37-29-505, there shall be five 1152
(5) trustees from each county of the junior college district which 1153
originally entered into and gave financial aid in establishing the 1154
junior college. On June 30, 1992, the offices of the six (6) 1155
trustees from each of the original counties in the Northwest 1156
Community College District shall stand vacated. The board of 1157
supervisors of those respective counties shall appoint two (2) 1158
members on July 1, 1992, to serve full terms of office as provided 1159
in this section. The board of supervisors of those respective 1160
counties shall appoint one (1) member who is a qualified elector 1161
from each supervisors district to serve as a member, either of 1162
which may be the county superintendent of education if he or she 1163
resides in a respective supervisors district. Counties which 1164
subsequent to the establishment of the junior college joined the 1165
district shall have only one (1) trustee. However, the board of 1166
trustees so constituted, by appropriate resolution, may enlarge 1167
its number to six (6) trustees from each county. The board of 1168
trustees shall also be authorized within its discretion to reduce 1169
its number to two (2) trustees at large from each county. In any 1170
case in which there is an equal number of trustees the board of 1171
trustees may appoint another person to membership. 1172
(2) The county superintendent, if appointed by the county 1173
board of supervisors, may, in his discretion, choose not to serve 1174
as a member of such board of trustees. Such decision not to serve 1175
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shall be in writing and entered on the minutes of the board of 1176
trustees of the junior college district. The county board of 1177
supervisors of any county whose county superintendent of education 1178
appointed under the authority of this section, declines the 1179
appointment or resigns, pursuant to this subsection (2), shall 1180
fill the vacancy caused by such resignation by appointing a member 1181
who is a qualified elector of the county at large in accordance 1182
with subsection (6) of this section. No county superintendent 1183
whose school district is located within the East Mississippi 1184
Community College District shall serve on the board of trustees 1185
for that community college district. 1186
(3) From and after March 24, 1990, the Board of Trustees of 1187
the East Mississippi Community College District shall consist of 1188
twelve (12) members. The appointing authorities shall appoint a 1189
new board of trustees as follows: Clay County shall be entitled 1190
to two (2) members, Kemper County shall be entitled to two (2) 1191
members, Lauderdale County shall be entitled to two (2) members, 1192
Lowndes County shall be entitled to two (2) members, Noxubee 1193
County shall be entitled to two (2) members and Oktibbeha County 1194
shall be entitled to two (2) members. No member of the Board of 1195
Trustees of the East Mississippi Community College District shall 1196
have served on such board prior to March 24, 1990. 1197
(4) The Board of Trustees of the Coahoma Community College 1198
District shall consist of nine (9) members. The appointing 1199
authorities shall appoint the new board of trustees as follows: 1200
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Coahoma County shall be entitled to five (5) members appointed in 1201
the manner provided herein, Tunica County shall be entitled to one 1202
(1) member, Quitman County shall be entitled to one (1) member, 1203
Bolivar County shall be entitled to one (1) member, and 1204
Tallahatchie County shall be entitled to one (1) member. Persons 1205
who are currently serving as members of the Board of Trustees of 1206
the Mississippi Delta Community College District or Northwest 1207
Community College District shall be eligible for appointment to 1208
the board. 1209
(5) The terms of office shall be five (5) years; however, 1210
upon the first selection of trustees in each county, one (1) shall 1211
be elected for a term of five (5) years, one (1) for a term of 1212
four (4) years, one (1) for a term of three (3) years, one (1) for 1213
a term of two (2) years, and one (1) for a term of one (1) year, 1214
so as to prevent the retirement of more than one (1) member of any 1215
one (1) county in any one (1) year. Where the board chooses or is 1216
required by statute to reduce its number, the board shall specify 1217
the expiration dates of such terms of office in order to prevent 1218
the retirement of more than one (1) member of any one (1) county 1219
in any one (1) year. 1220
(6) The board of supervisors shall elect the requisite 1221
number of discreet persons of good moral character, sufficient 1222
education and experience, and of proven interest in public 1223
education, who are qualified electors of the county, as trustees 1224
of the junior college; and annually thereafter the board of 1225
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supervisors in like manner shall fill vacancies. All trustees so 1226
appointed shall be listed in the minutes of the board of 1227
supervisors and their appointment shall be certified by the 1228
chancery clerk to the president of the junior college. 1229
(7) Each junior college trustee may be paid, out of junior 1230
college funds, a per diem as authorized in Section 25-3-69, 1231
Mississippi Code of 1972, per meeting of said board and, in 1232
addition thereto, the mileage authorized under Section 25-3-41, 1233
Mississippi Code of 1972, per mile in coming to and returning from 1234
said meeting, calculated upon the customary and normally traveled 1235
route from the home of such trustee to the campus of said junior 1236
college. Such allowance of per diem and mileage shall not, 1237
however, be allowed for more than fifteen (15) meetings for any 1238
one (1) fiscal year and shall only be paid for meetings actually 1239
attended by such trustees. 1240
(8) The provisions of this section, other than those 1241
provisions pertaining to per diem compensation and travel 1242
allowances for junior college trustees, shall not apply to any 1243
existing publicly operated junior college, lying in and operated 1244
by a county bordering on the Mississippi River, and the junior 1245
college trustees of such junior college shall be appointed and 1246
confirmed as heretofore. 1247
(9) No county superintendent of education, by virtue of his 1248
or her office, shall be automatically placed on the board of 1249
trustees for any community college district to which this section 1250
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applies. The number of trustees from each county shall be reduced 1251
by one (1) member if such member is superintendent of education. 1252
However, if the county board of supervisors, in making an 1253
appointment to the community college district board of trustees, 1254
chooses to appoint the county superintendent of education at the 1255
expiration of the term of the at large member, the superintendent 1256
may serve, unless otherwise disqualified. 1257
SECTION 31. Section 37-29-67, Mississippi Code of 1972, is 1258
brought forward as follows: 1259
37-29-67. (1) The duties of the board of trustees shall be 1260
the general government of the community/junior college and 1261
directive of the administration thereof. Subject to the 1262
provisions of Sections 37-29-1 through 37-29-273, the board shall 1263
have full power to do all things necessary to the successful 1264
operation of the district and the college or colleges or 1265
attendance centers located therein to ensure educational 1266
advantages and opportunities to all the enrollees within the 1267
district. 1268
(2) The board of trustees shall be authorized to designate a 1269
personnel supervisor or other person employed by the district to 1270
recommend teachers and to transmit such recommendations to the 1271
board of trustees; however, this authorization shall be restricted 1272
to no more than two (2) positions for each employment period in 1273
the district. 1274
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(3) The delineation and enumeration of the powers and 1275
purposes set out in Sections 37-29-1 through 37-29-273 shall be 1276
deemed to be supplemental and additional, and shall not be 1277
construed to restrict the powers of the board of trustees of the 1278
district or of any college located therein so as to deny to the 1279
said district and the college or colleges therein the rights, 1280
privileges and powers previously authorized by statute. 1281
(4) The board of trustees shall have the power to enter into 1282
an energy performance contract, energy services contract, a 1283
shared-savings, lease or lease-purchase basis, for energy 1284
efficiency services and/or equipment as prescribed in Section 1285
31-7-14. 1286
(5) The board of trustees shall be authorized, with the 1287
approval of the Mississippi Community College Board, to change the 1288
name of the junior college to community college. The Mississippi 1289
Community College Board shall establish guidelines for the 1290
implementation of any junior college name change. Any reference 1291
to junior college district in this chapter shall hereinafter refer 1292
to the junior college district or its successor in name as changed 1293
by the board of trustees. 1294
(6) The boards of trustees shall purchase and maintain 1295
business property insurance and business personal property 1296
insurance on all college-owned buildings and/or contents as 1297
required by federal law and regulations of the Federal Emergency 1298
Management Agency (FEMA) as is necessary for receiving public 1299
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assistance or reimbursement for repair, reconstruction, 1300
replacement or other damage to such buildings and/or contents 1301
caused by the Hurricane Katrina Disaster of 2005 or subsequent 1302
disasters. The boards of trustees are authorized to expend funds 1303
from any available source for the purpose of obtaining and 1304
maintaining that property insurance. The boards of trustees are 1305
authorized to enter into agreements with the Department of Finance 1306
and Administration, local school districts, other community/junior 1307
college districts, state institutions of higher learning, 1308
community hospitals and/or other state agencies to pool their 1309
liabilities to participate in a group business property and/or 1310
business personal property insurance program, subject to uniform 1311
rules and regulations as may be adopted by the Department of 1312
Finance and Administration. 1313
SECTION 32. Section 37-29-71, Mississippi Code of 1972, is 1314
brought forward as follows: 1315
37-29-71. The board of trustees shall annually prepare a 1316
budget which shall contain a detailed estimate of the revenues and 1317
expenses anticipated for the ensuing year for general operation 1318
and maintenance and which shall set forth the reasonable 1319
requirements for anticipated needs for capital outlays for land, 1320
buildings, initial equipment for new buildings and major repairs, 1321
a reasonable accumulation for such purposes being hereby expressly 1322
authorized. 1323
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SECTION 33. Section 37-29-73, Mississippi Code of 1972, is 1324
brought forward as follows: 1325
37-29-73. The board of trustees is authorized to execute 1326
oil, gas and mineral leases on any of the property owned by the 1327
board of trustees of the district, but such leases shall not 1328
extend for a term beyond five (5) years unless oil, gas or other 1329
minerals shall be in production under said leases at the 1330
expiration of said period. The terms and conditions of said 1331
lease, within the limitations above set out, shall be for the 1332
determination and within the discretion of the board of trustees. 1333
SECTION 34. Section 37-29-75, Mississippi Code of 1972, is 1334
brought forward as follows: 1335
37-29-75. When any land or other property owned by a junior 1336
college/community college district shall cease to be used or 1337
needed by the district, the same may be sold by the board of 1338
trustees upon sealed bids or at public auction after three (3) 1339
weeks' advertisement in a newspaper in the county where the said 1340
property is located. Personal property having a value determined 1341
by the board of less than Five Hundred Dollars ($500.00) may be 1342
sold without such advertisement; however, in such event, notice 1343
shall be posted in at least three public places in the county 1344
where such property is situated or where it is to be sold, giving 1345
notice of the time and place of such sale, and such property shall 1346
be sold to the highest and best bidder for cash. Such notice 1347
shall be posted for ten (10) days before the sale. 1348
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SECTION 35. Section 37-29-77, Mississippi Code of 1972, is 1349
brought forward as follows: 1350
37-29-77. The board of trustees of any junior college is 1351
hereby authorized to lease the buildings and equipment thereof to 1352
any responsible individual for the purpose of carrying on a 1353
private school when there are no funds available for running said 1354
institution, and to lease the lands of said institution to some 1355
responsible person for agricultural purposes. Said leases shall 1356
not extend for any greater length of time than a period of three 1357
years from date of granting said lease. 1358
SECTION 36. Section 37-29-79, Mississippi Code of 1972, is 1359
brought forward as follows: 1360
37-29-79. Any junior college district is charged with the 1361
responsibility for providing preprofessional courses, liberal 1362
arts, technical, vocational, and adult education courses and shall 1363
undertake to provide the same as conveniently as is possible to 1364
the residents of the district, and to this end, the board of 1365
trustees is authorized and empowered to transport such enrollees 1366
as, in its discretion, should be transported in the best interest 1367
of the district. However, no additional allocation of any 1368
appropriation shall be made for such transportation. The board of 1369
trustees shall promulgate uniform rules to prevent discrimination 1370
in all matters of transportation. 1371
SECTION 37. Section 37-29-81, Mississippi Code of 1972, is 1372
brought forward as follows: 1373
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37-29-81. The district, in the discretion of the board of 1374
trustees, may charge fees and tuitions in accordance with Section 1375
37-103-25. 1376
SECTION 38. Section 37-29-85, Mississippi Code of 1972, is 1377
brought forward as follows: 1378
37-29-85. The board of trustees of any public junior college 1379
district is hereby authorized to purchase liability insurance to 1380
cover the official actions of its board members and the official 1381
actions of employees of such public junior college district. Such 1382
coverage shall be in an amount judged by the board to be adequate. 1383
The costs of such insurance shall be paid out of the public junior 1384
college district's general maintenance fund. 1385
SECTION 39. Section 37-29-87, Mississippi Code of 1972, is 1386
brought forward as follows: 1387
37-29-87. The board of trustees of any public junior college 1388
district is hereby authorized, in its sole discretion, to convey 1389
real property and improvements thereon to any county within the 1390
junior college district without the necessity of advertising for 1391
and receiving bids and without receiving compensation therefor, 1392
provided the following requirements are met: 1393
(a) Where the county received title to the property and 1394
conveyed said property to the board of trustees of the junior 1395
college district, or where the board of trustees of such district 1396
received title to the property from any source and the purchase 1397
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price therefor was paid by the county, for the purpose of 1398
operating an attendance center; and 1399
(b) Where the board of trustees of the junior college 1400
district has not received approvals from necessary state agencies 1401
or authorities to use said land for the operation of an attendance 1402
center; and 1403
(c) Where said board of trustees has adopted a 1404
resolution that such land and improvements are not needed for 1405
junior college purposes and expressing the desire to convey such 1406
land and improvements back to the county. 1407
SECTION 40. Section 37-29-101, Mississippi Code of 1972, is 1408
brought forward as follows: 1409
37-29-101. (1) In addition to other authority granted by 1410
Sections 37-29-1 through 37-29-273 or existing laws, the board of 1411
trustees may borrow money in anticipation of taxes, not to exceed 1412
fifty percent (50%) of the previous year's ad valorem tax 1413
receipts, for the purpose of paying any expenses authorized by law 1414
for the operation, maintenance and support of the college. The 1415
loan shall be evidenced by note or notes bearing the signatures of 1416
the chairman of the board and of the secretary of the board of 1417
trustees, and the seal of the college shall be thereon impressed. 1418
The notes shall mature not later than the thirtieth day of June 1419
next thereafter, and the notes shall not bear interest in excess 1420
of that allowed in Section 75-17-105, Mississippi Code of 1972. 1421
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(2) The board of trustees may borrow funds from the United 1422
States federal government or any agency thereof to compensate for 1423
the loss of revenue collected or estimated to be collected on 1424
behalf of the community or junior college district from local 1425
sources during a fiscal year as a result of Hurricane Katrina, may 1426
issue its promissory note to the United States federal government 1427
or any agency thereof, and may comply with and issue the 1428
regulations of the United States federal government or agency 1429
thereof regarding the promissory note. However, this section does 1430
not authorize any levy of taxes or pledge of collateral for the 1431
security of a promissory note not otherwise allowed by law. The 1432
State of Mississippi may sign any promissory note as an equal 1433
co-obligor on any such note, and in the event the State of 1434
Mississippi signs the promissory note as a co-obligor, the full 1435
faith and credit of the State of Mississippi shall be pledged for 1436
the payment of the promissory note. 1437
SECTION 41. Section 37-29-103, Mississippi Code of 1972, is 1438
brought forward as follows: 1439
37-29-103. Any board of trustees may, in its discretion, by 1440
the concurrence of two-thirds (2/3) of its authorized members 1441
present and voting and for good cause shown therefor, to be spread 1442
upon its minutes by way of its resolution or order, which shall 1443
contain a proposal as to the revenues from which it is anticipated 1444
the loans herein authorized are to be repaid, authorize the junior 1445
college district to borrow money from time to time for periods not 1446
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to exceed twenty-five (25) years under such terms and conditions 1447
as the board deems necessary and requisite and upon its issuing 1448
its promissory note or notes or other negotiable instruments. 1449
Such loans may be repaid from the general fund of the district, 1450
whether the same shall have been derived from ad valorem tax 1451
receipts or otherwise and may be further secured by a pledge of 1452
the avails of the levies, whether for support, enlargement, 1453
improvement or repairs, authorized by Section 37-29-141, 1454
Mississippi Code of 1972; and the tax receipts used to repay such 1455
loans from any levies so pledged shall be excluded from the ten 1456
percent (10%) growth limitation on ad valorem taxes imposed in 1457
Sections 27-39-320, 27-39-321 and 37-57-107, Mississippi Code of 1458
1972. Such note or notes or other negotiable instruments shall be 1459
executed by the manual or facsimile signature of the chairman of 1460
the board of trustees and countersigned by the manual or facsimile 1461
signature of the secretary thereof, with the seal of the district 1462
affixed thereto. At least one (1) signature on each such note 1463
shall be a manual signature, as specified in the issuing 1464
resolution. The coupons, if any, may bear only facsimile 1465
signatures. Any notes or other evidences of indebtedness issued 1466
pursuant to this section shall be sold pursuant to the provisions 1467
of Section 31-19-25, Mississippi Code of 1972, and shall not bear 1468
a greater overall maximum interest rate to maturity than that 1469
allowed in Section 75-17-101, Mississippi Code of 1972. 1470
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SECTION 42. Section 37-29-105, Mississippi Code of 1972, is 1471
brought forward as follows: 1472
37-29-105. In the event that bonds shall have been 1473
authorized for projects determined by the board of trustees and 1474
such bonds validated, the board of trustees is authorized to 1475
utilize any available funds for the immediate commencement of such 1476
project and to reimburse the funds from which any such 1477
expenditures are made from the proceeds of the bonds when the same 1478
are received. 1479
SECTION 43. Section 37-29-107, Mississippi Code of 1972, is 1480
brought forward as follows: 1481
37-29-107. Subject to the approval of the Mississippi 1482
Community College Board, the boards of trustees of junior college 1483
districts are hereby authorized and empowered to contract with and 1484
borrow money from the United States of America, or any department, 1485
instrumentality, agency or agencies thereof, as may be designated 1486
or created to make loans or grants, or from private lenders, for 1487
the purpose of acquiring land for, and erecting, repairing, 1488
remodeling, maintaining, adding to, extending, improving, 1489
equipping or acquiring dormitories with or without dining 1490
facilities, dwellings or apartments to be located at or near the 1491
campuses of such junior colleges, for the use of students, faculty 1492
members or officers or employees thereof. The said boards are 1493
hereby authorized to supervise the contracting for and the 1494
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construction and equipping of all facilities constructed and 1495
financed hereunder. 1496
SECTION 44. Section 37-29-109, Mississippi Code of 1972, is 1497
brought forward as follows: 1498
37-29-109. The loans authorized by Section 37-29-107 and 1499
Sections 37-29-401 to 37-29-437, shall be evidenced by bonds, 1500
which shall be authorized by resolution of the boards of trustees. 1501
Each such resolution shall describe the land to be acquired, if 1502
any, and the said dormitories, dwellings or apartments to be 1503
erected, repaired, remodeled, maintained, added to, extended, 1504
improved, equipped, or acquired, together with the equipment 1505
therefor. A majority vote of all of the members of such boards, 1506
respectively, shall be necessary to the adoption of any such 1507
resolution. All votes cast on such resolutions shall be by yea 1508
and nay vote, duly recorded on the minutes of the proceedings of 1509
such boards, respectively. 1510
Such bonds may be issued in one or more series, may bear such 1511
date or dates, may be in such denomination or denominations, may 1512
mature at such time or times, not exceeding twenty-five (25) years 1513
from the respective dates thereof, may mature in such amount or 1514
amounts, may bear interest at such rate or rates, not exceeding 1515
that allowed in Section 75-17-101, Mississippi Code of 1972, 1516
payable semiannually, may be in such forms, either coupon or 1517
registered, may carry such registration privileges, may be 1518
executed in such manner, may be payable in such medium of payment, 1519
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at such place or places, and may be subject to such terms of 1520
redemption, with or without premium, all as such resolution or 1521
other resolutions may provide. 1522
All such bonds shall be sold at public sale pursuant to such 1523
notice as such boards shall prescribe by resolution. All such 1524
bonds shall be fully negotiable within the meaning and for the 1525
purposes of the Uniform Commercial Code. Incidental costs in 1526
connection with the issuance of said bonds, the printing thereof, 1527
costs of validation proceedings if required by bond resolution, 1528
including attorney's fees and other costs directly attributable to 1529
the issuance of said bonds, either in one or more series or at one 1530
(1) time or various times, may be paid out of the proceeds of the 1531
sale of said bonds. In agreements or commitments by or between 1532
the boards of trustees and private lenders and/or the U. S. 1533
Department of Housing and Urban Development or its successor to 1534
make loans or grants in which bonds are to be issued under the 1535
provisions of this section, and in which part or all of the 1536
principal and/or interest on said bonds is to be paid or 1537
guaranteed by the U. S. Department of Housing and Urban 1538
Development or its successor, said bonds shall mature at such time 1539
or times, not to exceed (40) years, as shall be prescribed in the 1540
resolution of the board of trustees authorizing their issuance and 1541
shall bear a net interest rate not in excess of that allowed in 1542
Section 75-17-101, Mississippi Code of 1972. 1543
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Notwithstanding any other provision of law, in any resolution 1544
authorizing the issuance of bonds hereunder, including refunding 1545
bonds, the boards of trustees, may provide for the initial 1546
issuance of one or more bonds (hereinafter sometimes collectively 1547
called "bond"), may make such provision for installment payments 1548
of the principal amount of any such bond as they may consider 1549
desirable, and may provide for the making of any such bond 1550
registerable as to principal or as to both principal and interest 1551
and, where interest accruing thereon is not represented by 1552
interest coupons, for the endorsing of payments of interest on 1553
such bond. Such boards may further make provision in any such 1554
resolution for the manner and circumstances in and under which any 1555
such bond may in the future, at the request of the holder thereof, 1556
be converted into bonds of smaller denominations, which bonds of 1557
smaller denominations may in turn be either coupon bonds or bonds 1558
registerable as to principal or as to principal and interest. 1559
SECTION 45. Section 37-29-111, Mississippi Code of 1972, is 1560
brought forward as follows: 1561
37-29-111. Bonds issued under the provisions of Section 1562
37-29-109, may be refunded, in whole or in part, in any of the 1563
following circumstances, to wit: 1564
(a) When any such bonds by their terms become due and 1565
payable and there are not sufficient sums in the fund established 1566
for their payment to pay such bonds and the interest thereon; 1567
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(b) When any such bonds are by their terms callable for 1568
payment and redemption in advance of their date of maturity and 1569
shall have been duly called for payment and redemption; 1570
(c) When any such bonds are voluntarily surrendered by 1571
the holder or holders thereof in exchange for refunding bonds; and 1572
(d) When, in connection with the issuance of any 1573
additional bonds under the provisions of Section 37 29 109 for the 1574
purpose of financing any additional construction authorized under 1575
the provisions of Section 37 29 107, any such board shall 1576
determine to combine such new issue of bonds with any issue or 1577
issues of bonds of the same board then outstanding, for the 1578
purpose of unifying such indebtedness and utilizing the income and 1579
revenues derived from all projects or facilities operated by such 1580
board to the payment of such indebtedness, and such board shall 1581
determine that such outstanding bonds are by their terms then 1582
callable for redemption or are obtainable by and through the 1583
voluntary surrender thereof by the holder or holders thereof. 1584
SECTION 46. Section 37-29-113, Mississippi Code of 1972, is 1585
brought forward as follows: 1586
37-29-113. For the purpose of refunding any bonds issued 1587
under the provisions of Section 37-29-109, including refunding 1588
bonds, any board of trustees may make and issue refunding bonds in 1589
such amount as may be necessary to pay off and redeem the bonds to 1590
be refunded together with unpaid and past due interest thereon and 1591
any premium which may be due under the terms of such outstanding 1592
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bonds, together also with the cost of issuing such refunding 1593
bonds. Said board may sell the same in like manner as provided 1594
for the initial issuance of bonds. With the proceeds of any such 1595
refunding bonds such board shall pay off, redeem and cancel such 1596
old bonds and interest coupons as may have matured, or such bonds 1597
as may have been called for payment and redemption together with 1598
the past due interest and premium, if any, due thereon; such bonds 1599
may be issued and delivered in exchange for a like par value 1600
amount of bonds to refund which the refunding bonds were issued. 1601
No refunding bonds issued hereunder shall be payable in more than 1602
twenty-five (25) years from the date thereof, nor shall any such 1603
refunding bonds bear interest at a rate in excess of that allowed 1604
in Section 75-17-101, Mississippi Code of 1972, payable 1605
semiannually. All such refunding bonds shall be payable from the 1606
same source or sources as were pledged to the payment of the bonds 1607
refunded thereby and, in the discretion of such board of trustees, 1608
may be payable from any other source or sources which may be 1609
pledged to the payment of revenue bonds issued hereunder. Bonds 1610
of two (2) or more outstanding issues of the same board may be 1611
refunded in a single issue of refunding bonds. 1612
SECTION 47. Section 37-29-115, Mississippi Code of 1972, is 1613
brought forward as follows: 1614
37-29-115. The boards of trustees, in the issuance of bonds 1615
under the provisions of Section 37-29-109, in order to secure the 1616
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payment of such bonds and the interest thereon, shall have power 1617
by resolution: 1618
(a) To fix and maintain (1) fees, rentals and other 1619
charges to be paid by students, faculty members, or officers or 1620
employees using or being served by any dormitories, dwellings or 1621
apartments erected, repaired, remodeled, maintained, added to, 1622
extended, improved or acquired under the authority of Section 1623
37-29-107; (2) fees, rentals and other charges to be paid by 1624
students, faculty members, or officers or employees using or being 1625
served by any other dormitories, dwellings or apartments or other 1626
projects or facilities at any junior college for which bonds are 1627
issued under the provisions of Section 37-29-109, which fees, 1628
rentals and other charges shall be the same as those applicable to 1629
the dormitories, dwellings or apartments referred to under (1) 1630
above; in fixing such fees, rentals and other charges, there may 1631
be allowed reasonable differentials based on the condition, type, 1632
location and relative convenience of the dormitories, dwellings or 1633
apartments or other projects or facilities in question, but such 1634
differentials shall be uniform as to all students, faculty 1635
members, officers or employees similarly accommodated; 1636
(b) To provide that bonds issued under the provisions 1637
of Section 37-29-109 shall be secured by a first lien on, and 1638
shall be payable from, all or any part of the income and revenues 1639
derived from fees, rentals and other charges to be paid by 1640
students, faculty members, officers or employees using or being 1641
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served by any dormitories, dwellings or apartments, or other 1642
projects or facilities operated at such junior colleges, 1643
respectively, and erected, repaired, remodeled, maintained, added 1644
to, extended, improved or acquired under the authority of Section 1645
37-29-107 or any other law, or otherwise, and not then currently 1646
pledged; 1647
(c) To pledge and assign to or in trust for the benefit 1648
of the holder or holders of any bond or bonds, coupon or coupons 1649
issued under the provisions of Section 37-29-109, an amount of the 1650
income and revenues derived from such fees, rentals and other 1651
charges to be paid by students, faculty members, officers or 1652
employees, using or being served by any dormitories, dwellings or 1653
apartments, or other projects or facilities operated at such 1654
junior colleges, and erected, repaired, remodeled, maintained, 1655
added to, extended, improved or acquired under the authority of 1656
Section 37-29-107 or any other law, or otherwise, and not then 1657
currently pledged, which rentals, fees and charges imposed and 1658
pledged shall be sufficient to pay when due the bonds issued under 1659
the provisions of Section 37-29-109 and interest thereon, to 1660
create and maintain a reasonable reserve therefor, and to operate 1661
and maintain the project constructed under the terms of Section 1662
37-29-107, including insurance thereon, and to create and at all 1663
times maintain an adequate reserve for contingencies and for major 1664
repairs and replacements; 1665
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(d) To covenant with or for the benefit of the holder 1666
or holders of any bond or bonds, coupon or coupons issued under 1667
the provisions of Section 37-29-109 to erect, repair, remodel, 1668
maintain, add to, extend, improve or acquire any dormitories, 1669
dwellings or apartments, and, so long as any such bonds or coupons 1670
shall remain outstanding and unpaid, to fix, maintain and collect 1671
fees, rentals or other charges from students, faculty members, 1672
officers or employees using or being served by any such facilities 1673
erected, repaired, remodeled, maintained, added to, extended, 1674
improved, or acquired under the authority of Section 37-29-107 or 1675
any other law, or otherwise, which fees, rentals or other charges 1676
shall be sufficient to pay when due any bond or bonds, coupon or 1677
coupons, issued under the provisions of Section 37-29-109, and 1678
create and maintain a reasonable reserve therefor, and to pay the 1679
cost of operation and maintenance of such facilities, including 1680
insurance thereon, and to create and at all times maintain an 1681
adequate reserve for contingencies and for major repairs and 1682
replacements; 1683
(e) To make and enforce and to agree to make and 1684
enforce parietal rules that shall ensure the use of any such 1685
dormitory, dwelling or apartment, by students, faculty members, 1686
officers or employees of such junior college to the maximum extent 1687
to which such facilities are capable of serving same, so long as 1688
such rules are not in conflict with existing covenants; 1689
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(f) To covenant that as long as any bonds or coupons 1690
issued under the provisions of Section 37-29-109 shall remain 1691
outstanding and unpaid, it will not, except upon such terms and 1692
conditions as may be determined by the resolution issuing such 1693
bonds, (1) voluntarily create, or cause to be created, any debt, 1694
lien, pledge, assignment, encumbrance, or other charge having 1695
priority to or being on a parity with the lien of the bonds so 1696
issued upon any of the income and revenues derived from fees, 1697
rentals and other charges to be paid by students, faculty members, 1698
officers or employees using or being served by any dormitories, 1699
dwellings or apartments operated at any such junior college and 1700
erected, repaired, remodeled, maintained, added to, extended, 1701
improved or acquired under the authority of Section 37-29-107 or 1702
any other law, or otherwise, or (2) convey or otherwise alienate 1703
any such dormitories, dwellings or apartments, or the real estate 1704
upon which the same shall be located, except at a price sufficient 1705
to pay all the bonds then outstanding and interest thereon payable 1706
from the revenues of such facilities, and then only in accordance 1707
with any agreements with the holder or holders of such bonds, or 1708
(3) mortgage or otherwise voluntarily create, or cause to be 1709
created, any encumbrance on any such dormitory, dwelling or 1710
apartment, or the real estate upon which it shall be located; 1711
(g) To covenant as to the proceedings by which the 1712
terms of any contract with a holder or holders of such bonds may 1713
be amended or rescinded, the amount or percentage of bonds the 1714
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holder or holders of which must consent thereto, and the manner in 1715
which such consent may be given; 1716
(h) To vest in the holder or holders of any specified 1717
amount of percentage of bonds the right to apply to any court of 1718
competent jurisdiction for and to have granted the appointment of 1719
a receiver or receivers of the income and revenues pledged to or 1720
for the benefit of the holder or holders of any such bonds, which 1721
receiver or receivers may have and be granted such powers and 1722
duties as are usually granted under the laws of the State of 1723
Mississippi to a receiver or receivers appointed in connection 1724
with the foreclosure of a mortgage made by a private corporation. 1725
SECTION 48. Section 37-29-117, Mississippi Code of 1972, is 1726
brought forward as follows: 1727
37-29-117. The holder of any bond or any interest coupon 1728
issued under the provisions of Sections 37-29-107 through 1729
37-29-115 may, by suit, action, mandamus or other proceedings at 1730
law or in equity, enforce and compel performance by the 1731
appropriate official or officials of the said boards of trustees 1732
of any or all acts and duties to be performed by such boards or 1733
such officials under the provisions of said sections and under the 1734
resolution authorizing the issuance of such bond or interest 1735
coupon. If there be any default in the payment of the interest on 1736
and principal of any of such bonds, any court having jurisdiction 1737
in the proper action may, upon petition of the holder of any such 1738
bonds, appoint a receiver to administer and operate the 1739
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facilities, the revenues of which were pledged to the payment of 1740
such bonds, with power to fix and collect fees, rentals and other 1741
charges sufficient to provide for the payment of all bonds 1742
outstanding, to the payment of which the revenues of such 1743
facilities were pledged and to pay the expenses of operating and 1744
maintaining such facilities and to apply the revenues thereof in 1745
conformity with the provisions of said sections and of the 1746
resolution authorizing the issuance of such bonds. 1747
SECTION 49. Section 37-29-119, Mississippi Code of 1972, is 1748
brought forward as follows: 1749
37-29-119. It shall be understood that the full faith and 1750
credit of the State of Mississippi is not pledged to the payment 1751
of such bonds as are issued under the provisions of Sections 1752
37-29-107 through 37-29-115, and that such bonds are payable 1753
solely from the sources provided by law. 1754
SECTION 50. Section 37-29-121, Mississippi Code of 1972, is 1755
brought forward as follows: 1756
37-29-121. Any junior college district, supported in whole 1757
or in part by tax levies of one or more counties, may borrow not 1758
exceeding Fifty Thousand Dollars ($50,000.00), for the purpose of 1759
receiving, transporting, erecting on the ground of said 1760
institution, and equipping and furnishing any prefabricated 1761
houses, or other materials, or appliances, fixtures, machines, 1762
furnishings or equipment, obtained by grant or otherwise from the 1763
United States of America or any department or agency thereof, or 1764
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from any other source, where the same may be acquired for the use 1765
of the institution, any student personnel, or faculty members. 1766
SECTION 51. Section 37-29-123, Mississippi Code of 1972, is 1767
brought forward as follows: 1768
37-29-123. In any such case the board of trustees of such 1769
junior college district by resolution or order, shall declare its 1770
intention to borrow any sum not in excess of the limitation fixed 1771
in Section 37-29-121, and shall recite in said resolution or order 1772
with reasonable particulars the purpose for which said funds are 1773
to be borrowed, and shall fix a schedule of amounts and dates of 1774
maturities by which such loans shall be repaid. Such resolution 1775
or order shall be duly recorded in the permanent minutes of the 1776
board of trustees of such institution. All such loans shall be 1777
fully repaid within six years, and they shall be evidenced by 1778
notes signed by the president and secretary of the board of 1779
trustees, which shall bear appropriate reference to the resolution 1780
or order of the board of trustees authorizing such loan. Such 1781
loan shall be retired in installments of not less than one-fifth 1782
the amount thereof on the first day of April of the year next 1783
succeeding the date of such loan and an equal amount on the same 1784
date of each and every year thereafter until said loan is paid. 1785
Notes issued in evidence of such loans shall bear interest at 1786
a rate of not to exceed four percent (4%) per annum, all interest 1787
payable semi-annually, and no such note shall be sold or 1788
negotiated by said institution for less than par and accrued 1789
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interest. Funds received by such institution from the sale or 1790
negotiation of any such notes shall be paid into the treasury of 1791
the institution and disbursed as other funds thereof are 1792
disbursed, but for no other purpose than that authorized by 1793
Section 37-29-121. 1794
Such notes shall be lithographed, or engraved, and printed in 1795
two or more colors to prevent counterfeiting. Such notes shall 1796
bear the signature of the junior college issuing the same, by the 1797
president and secretary of the board of trustees thereof. They 1798
shall be impressed with the seal of such institution. Interest 1799
coupons attached may bear the facsimile signatures of the 1800
aforesaid officers of the board of trustees. Before negotiation 1801
or sale and delivery thereof, said notes shall be registered in a 1802
book kept in the business office of such institution. 1803
All indebtedness so created shall be paid from first funds 1804
derived from tax levies for maintenance and operation of said 1805
school coming into the treasury thereof and from fees, rentals and 1806
other charges as provided in Section 37-29-125. In order to 1807
secure the prompt payment of any and all indebtedness, whether of 1808
principal or interest incurred hereunder, a special fund shall be 1809
established in the depository of the funds of said institution, 1810
the style of which shall be, "debt retirement fund of ____ junior 1811
college district," and immediately upon receipt of the 1812
distribution of said first funds derived from such tax levies, 1813
annually hereafter in advance of the due date of each and every 1814
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installment of said indebtedness, a sufficient sum from said taxes 1815
shall be paid into said special fund for the retirement of all 1816
principal and interest coming due within said year equal to the 1817
difference, if any, between such principal and interest and the 1818
amount collected from fees, rentals and other charges, as provided 1819
in Section 37-29-125. Said debt retirement fund shall be used for 1820
no other purpose than for the payment of principal and interest of 1821
indebtedness incurred hereunder. 1822
SECTION 52. Section 37-29-125, Mississippi Code of 1972, is 1823
brought forward as follows: 1824
37-29-125. The board of trustees of any such junior college 1825
district borrowing money pursuant to the authority granted in 1826
Section 37-29-121, is hereby authorized and empowered to fix, 1827
maintain and collect fees, rentals and other charges to be paid by 1828
students, faculty members and others using, housed in or being 1829
served by any building or other housing facility erected or 1830
established under the terms and provisions of said section. All 1831
such fees, rentals and other charges shall likewise be paid into 1832
the debt retirement fund specified in Section 37-29-123, and shall 1833
be pledged for the prompt repayment of any and all indebtedness, 1834
whether of principal or interest, incurred under the provisions of 1835
said section. Nothing in Sections 37-29-121 through 37-29-127 1836
shall be construed to authorize the levying or imposition of any 1837
taxes in excess of the limits and amounts which are now or may 1838
hereafter be provided by law. 1839
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SECTION 53. Section 37-29-127, Mississippi Code of 1972, is 1840
brought forward as follows: 1841
37-29-127. Sections 37-29-121 through 37-29-125 shall be 1842
construed as cumulative and no restriction, limitation or 1843
prohibition of the general laws shall operate to curtail the 1844
authority or prescribe the procedure by which the purposes of said 1845
sections shall be effected. 1846
SECTION 54. Section 37-29-131, Mississippi Code of 1972, is 1847
brought forward as follows: 1848
37-29-131. The board of trustees of any community or junior 1849
college is hereby authorized and empowered to enter into lease 1850
agreements or service contracts with any governmental agency or 1851
political subdivision, corporation, partnership, joint venture, or 1852
individual under which the college may acquire by lease, 1853
lease-purchase or service contract for a primary term not to 1854
exceed thirty-five (35) years lands, buildings and related 1855
facilities which the board may determine necessary to provide 1856
additional facilities, services or educational opportunities to 1857
the college, its students, faculty and the community. 1858
Any machinery, furnishings, fixtures and equipment for these 1859
facilities and use by the college may be acquired by lease or 1860
lease purchase provided that the primary term of such lease shall 1861
not exceed the estimated useful economic life of such machinery or 1862
equipment. 1863
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SECTION 55. Section 37-29-133, Mississippi Code of 1972, is 1864
brought forward as follows: 1865
37-29-133. All such leases shall contain an option granting 1866
the board the right to purchase the leased property upon the 1867
expiration of the primary term or upon such earlier date as may be 1868
agreed upon. With respect to leased machinery, furniture, 1869
fixtures and equipment, the purchase price shall be specified in 1870
the lease contract separately and distinctly from that portion of 1871
lease payments attributable to interest. With respect to other 1872
property, the purchase price, excluding payments attributable to 1873
interest, shall not exceed the appraised fair market value of the 1874
leased property at the time the college takes possession of the 1875
property for occupancy. 1876
SECTION 56. Section 37-29-135, Mississippi Code of 1972, is 1877
brought forward as follows: 1878
37-29-135. The board of trustees is authorized to lease land 1879
and/or buildings owned by the college to any governmental agency, 1880
political subdivision, corporation, partnership, joint venture, or 1881
individual for the purpose of enabling such persons to construct 1882
thereon or repair, renovate and rehabilitate any buildings or 1883
facilities the board may determine as necessary and beneficial for 1884
additional facilities, services or educational opportunities to 1885
the college, students, faculty or the community, and to lease such 1886
building and facilities to the college. 1887
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SECTION 57. Section 37-29-137, Mississippi Code of 1972, is 1888
brought forward as follows: 1889
37-29-137. Subject to the provisions of Sections 37-29-131 1890
through 37-29-139, any lease agreement shall be binding on the 1891
board of trustees of the college and any party thereto in 1892
accordance with its terms; provided, however, that any such lease 1893
shall include a provision that the lessee's obligation to pay any 1894
amounts due or perform any covenants requiring or resulting in the 1895
expenditure of money shall be contingent and expressly limited to 1896
the extent of any covenants requiring or resulting in the 1897
expenditure of money shall be contingent and expressly limited to 1898
the extent of any appropriation made to fund such lease agreement 1899
and that nothing contained in the lease agreement shall be 1900
construed as creating any monetary obligations on the part of the 1901
lessee beyond such current and specific support appropriations. 1902
Rentals payable by the community or junior college under leases 1903
pursuant to Sections 37-29-131 through 37-29-139 shall be payable 1904
from any revenue available for the support and enlargement, 1905
improvement, and repair of the college. 1906
SECTION 58. Section 37-29-139, Mississippi Code of 1972, is 1907
brought forward as follows: 1908
37-29-139. Sections 37-29-131 through 37-29-139, without 1909
reference to any other statute shall be deemed to be full and 1910
complete authority for the authorization, execution and delivery 1911
of lease agreements authorized hereunder and shall be construed as 1912
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an additional and alternative method; and none of the present 1913
restrictions, requirements, conditions and limitations of law 1914
applicable to acquisition, construction and drawing of buildings 1915
or facilities shall apply to lease agreements under this act and 1916
no proceeding shall be required for the authorization, execution 1917
and delivery of such leases other than those required herein, and 1918
all powers necessary to be exercised in order to carry out the 1919
provisions of this act are hereby conferred. 1920
SECTION 59. Section 37-29-141, Mississippi Code of 1972, is 1921
brought forward as follows: 1922
37-29-141. (1) The board of trustees of any junior college 1923
district is expressly authorized and empowered to make a thorough 1924
study and evaluation of the costs of operation of the junior 1925
college district, and said board shall recommend a fair and 1926
acceptable tax rate for district general support and maintenance 1927
from each of the member counties. 1928
The board of trustees of any junior college district as 1929
constituted as of July 1, 1964, shall have the authority to 1930
recommend the tax levy necessary for a newly contributing county 1931
to have representation on the board of trustees of said junior 1932
college. 1933
From and after October 1, 1989, no county shall levy less 1934
than (a) one (1) mill for the support, and (b) one (1) mill for 1935
the enlargement, improvement and repair of the junior college 1936
within the district of which the county is a member. From and 1937
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after October 1, 1990, the board of trustees of any junior college 1938
district may, by a sixty percent (60%) affirmative vote of the 1939
members of such board, recommend an additional one (1) mill which 1940
may be used for the support or for the enlargement, improvement 1941
and repair of the junior college within the district of which the 1942
county is a member. If a county is levying more than the minimum 1943
levy required herein for one category but less than the minimum 1944
levy required for the other, then the excess millage under the one 1945
may be applied towards making up the deficiency which exists in 1946
the other. If a county contributes to two (2) junior college 1947
districts, the combined levy for both districts shall not be less 1948
than the minimums required herein. 1949
Any county having any school district located therein with a 1950
current operating deficit of Two Hundred Thousand Dollars 1951
($200,000.00) or more on July 1, 1989, shall not be required to 1952
levy the minimum millage required under this subsection (1) until 1953
such time as the said operating deficit is eliminated, or for a 1954
period of three (3) fiscal years, whichever is less. Provided, 1955
however, that no such county shall levy a smaller tax millage for 1956
capital improvements and general support of a junior college 1957
district than was levied for the previous year. 1958
No county shall levy a smaller tax millage for capital 1959
improvements and general support of a junior college district than 1960
was levied for the previous year, unless requested to make such 1961
reduction by the board of trustees of the district. When a county 1962
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has a general reassessment of property to increase the county ad 1963
valorem tax assessments, such county may reduce the millage for 1964
general support and capital improvements, provided that its 1965
aggregate budget for junior college purposes is not lower than was 1966
paid the previous year. 1967
In lieu of taxation, the board of trustees may fix the amount 1968
of enrollee tuition in an amount commensurate with the per capita 1969
cost of operating the district, which may also include any fees 1970
assessed by the board upon each student enrolled under the 1971
authority of Section 37-29-231 for the purpose of offsetting the 1972
cost of first responder services provided to the main campus of 1973
the community college by the local governing authority in 1974
accordance with the provisions of the contract entered into under 1975
the authority of Section 21-25-23 or the interlocal agreement 1976
entered into under the authority of Section 37-29-231. 1977
(2) Taxes for the support, enlargement, improvement and 1978
repairs of junior colleges shall be levied annually against all of 1979
the property of each county and of each municipal separate school 1980
district, including added territory, which has established or may 1981
hereafter establish, or which has joined or may hereafter join, in 1982
the establishment or support of a junior college. In no case 1983
shall such levy exceed three (3) mills for support and three (3) 1984
mills for enlargement, improvement and repairs for each junior 1985
college within the district of which the county or municipal 1986
separate school district may be a component. 1987
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(3) The levy for support for any year in any given county or 1988
separate school district is that presently prevailing therein 1989
unless a change is recommended to the tax levying authorities by 1990
the board of trustees or by a vote of the people ascertained in an 1991
election called for that purpose by the tax levying authorities 1992
subsequent to the petition therefor signed by twenty percent (20%) 1993
of the qualified electors. 1994
(4) Notwithstanding any provision of this section to the 1995
contrary, the minimum millage required under subsection (1) shall 1996
not be levied by the board of supervisors of any county within a 1997
junior college district until the board of trustees of the 1998
district adopts annually, an order, by a sixty percent (60%) 1999
affirmative vote of the members of the board, that such minimum 2000
millage shall be levied by each county within the district. 2001
SECTION 60. Section 37-29-143, Mississippi Code of 1972, is 2002
brought forward as follows: 2003
37-29-143. (1) (a) Except as provided in paragraph (b) of 2004
this subsection, on or before the thirtieth day of each month, the 2005
board of supervisors of each county levying taxes pursuant 2006
tosubsection (1) of Section 37-29-141, for the support and 2007
maintenance of the county's respective community college district 2008
shall transmit or have the chancery clerk transmit its warrant or 2009
warrants constituting all of the revenues received from taxation 2010
for the prior month for those purposes to the chief executive 2011
officer or president of the county's respective community college 2012
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district. All such county warrants evidencing a county's annual 2013
revenue from the tax levy shall be immediately deposited in one or 2014
more banking institutions and public depositories previously 2015
selected by the board of trustees of the community college 2016
district and spread upon its official minutes. 2017
(b) The county board of supervisors, by appropriate 2018
resolution, may designate the tax collector as the official to 2019
transmit revenues from taxes levied by the county under Section 2020
37-29-141(1) for the support and maintenance of the county's 2021
respective community college district. If so designated, on or 2022
before the twentieth day of each month, the tax collector of each 2023
county levying such taxes shall transmit all of the revenues 2024
received from taxation for the prior month for those purposes to 2025
the chief executive officer or president of the county's 2026
respective community college district. All such revenues from the 2027
tax levy of the county shall be immediately deposited in one or 2028
more public depositories of the community college district. 2029
(2) The board of trustees shall, by appropriate orders 2030
spread upon its minutes, authorize its chief executive officer or 2031
president to expend such funds acquired under subsection (1)(a) 2032
and (b) for lawful purposes only and in accordance with its annual 2033
budget previously adopted. The board of trustees may require its 2034
designated employees, including its president, and fiscal agents 2035
to enter into and file with the president of the college a surety 2036
bond to ensure the faithful performance of the public duties of 2037
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each officer or agent who is authorized to receive and expend the 2038
funds of the district. Such bond may be of such denomination and 2039
conditions as the board of trustees may deem necessary and 2040
requisite, and the premium thereon shall be paid from the funds of 2041
the district. 2042
(3) (a) Except as provided in paragraph (b) of this 2043
subsection, all funds derived from such taxes as are provided for 2044
in subsection (2) of Section 37-29-141 shall be paid into the 2045
county depository of the county in which the community or junior 2046
college is located upon receipt warrants of the chancery clerk of 2047
said county. Such funds shall be paid out of the depository in 2048
the manner prescribed by order of the board of trustees of the 2049
community or junior college for purposes provided by statute. 2050
(b) The county board of supervisors, by appropriate 2051
resolution, may designate the tax collector as the official to 2052
transmit funds from taxes levied by the county under Section 2053
37-29-141(2) for the community college district. If so 2054
designated, the tax collector of each county shall transmit all 2055
funds derived from such taxes to the public depository or 2056
depositories of the community college district. Such funds shall 2057
be paid out of the depository or depositories in the manner 2058
prescribed by order of the board of trustees of the community 2059
college district for purposes provided by statute. 2060
SECTION 61. Section 37-29-145, Mississippi Code of 1972, is 2061
brought forward as follows: 2062
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37-29-145. In the event any county shall have outstanding 2063
bonds or other indebtedness which were sold or levied for the 2064
support and maintenance of a public junior college which was in 2065
operation as of July 1, 1964, and such county becomes a part of a 2066
legally constituted junior college district as provided in Section 2067
37-29-31, the board of supervisors of such county shall continue 2068
to levy taxes upon such county until such bonds or other 2069
indebtedness shall be fully paid according to the terms thereof. 2070
SECTION 62. Section 37-29-161, Mississippi Code of 1972, is 2071
brought forward as follows: 2072
37-29-161. Sections 37-29-161 through 37-29-173 may be cited 2073
as the "Mississippi Junior College Vocational and Technical 2074
Training Law of 1964." 2075
SECTION 63. Section 37-29-163, Mississippi Code of 1972, is 2076
brought forward as follows: 2077
37-29-163. It is hereby declared to be the intent of the 2078
Legislature that those funds appropriated to the State Building 2079
Commission for the Junior College Vocational and Technical 2080
Training Fund shall be expended to expand immediately and improve 2081
existing programs, to institute new programs and to provide 2082
adequate equipment and facilities for existing and new programs 2083
for vocational and technical training individually or collectively 2084
within the public junior colleges of the state. The Legislature 2085
further declares its intent to be that the presently existing 2086
physical facilities of the junior colleges shall be utilized in 2087
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the development and implementation of such vocational and 2088
technical training programs where possible. 2089
SECTION 64. Section 37-29-165, Mississippi Code of 1972, is 2090
brought forward as follows: 2091
37-29-165. There is hereby created within the State Building 2092
Commission a fund for the stimulation of the vocational and 2093
technical training programs of the junior colleges of the State of 2094
Mississippi. All sums of money received by the state building 2095
commission to carry out the provisions of the Mississippi Junior 2096
College Vocational and Technical Training Law of 1964 shall be 2097
maintained in the State Treasury and shall constitute a fund to be 2098
known as the "Junior College Vocational and Technical Training 2099
Fund." All expenditures therefrom shall be authorized by the State 2100
Building Commission in the manner set forth in Section 37-29-171. 2101
Such expenditures shall be paid therefrom by the State Treasurer 2102
on warrants issued by the auditor of public accounts. Said 2103
auditor shall issue his warrant upon requisition signed by the 2104
chairman and secretary of said commission. 2105
SECTION 65. Section 37-29-167, Mississippi Code of 1972, is 2106
brought forward as follows: 2107
37-29-167. Any state public junior college desiring any 2108
benefit available under the provisions of the Mississippi Junior 2109
College Vocational and Technical Training Law of 1964 shall make 2110
application in triplicate therefor to the Mississippi Community 2111
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College Board, and submit the same in the form and manner as said 2112
commission may direct. 2113
The board of trustees of the junior college district is 2114
required and it is empowered to allocate local matching funds on 2115
at least a fifty-fifty basis to supplement state funds, and the 2116
commission shall determine the rules and conditions appertaining 2117
to same. 2118
The board of trustees is authorized to receive all grants, 2119
scholarships or donations in carrying out the provisions of said 2120
law. 2121
SECTION 66. Section 37-29-169, Mississippi Code of 1972, is 2122
brought forward as follows: 2123
37-29-169. The formula for allocating funds to the state's 2124
public junior colleges in support of the purposes set forth in 2125
Section 37-29-163 shall be determined by the Mississippi Community 2126
College Board based upon need for the program set forth in the 2127
application. 2128
Said board shall furnish a copy of the application to the 2129
Governor's Office of General Services and a copy to the Board of 2130
Economic Development. The Board of Economic Development shall 2131
review each application, and if said board finds and determines 2132
there exists a need for said training programs, facilities and 2133
equipment, it shall issue a certificate of necessity to the 2134
Mississippi Community College Board, which certificate of 2135
necessity shall be a prerequisite for approval. 2136
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The Mississippi Community College Board shall consider each 2137
application with reference to adequacy of the past, present and 2138
prospective use of the instruction, personnel, curriculum, 2139
equipment, budget, operation, facilities, grants, scholarships, 2140
tuition, maintenance and other similar administrative and 2141
technical data as relates to each junior college. The said board 2142
shall, by resolution or order, approve or disapprove the 2143
application. 2144
SECTION 67. Section 37-29-171, Mississippi Code of 1972, is 2145
brought forward as follows: 2146
37-29-171. No expenditures shall be made under the 2147
provisions of the Mississippi Junior College Vocational and 2148
Technical Training Law of 1964 for the construction of new 2149
buildings, renovation or expansion of existing buildings, the 2150
purchase of any new or used instructional equipment, machinery and 2151
instructional facilities, or for any other purpose under the 2152
provisions of said law until approval of the state building 2153
commission is obtained by resolution duly entered upon its 2154
minutes. 2155
SECTION 68. Section 37-29-173, Mississippi Code of 1972, is 2156
brought forward as follows: 2157
37-29-173. Local funds made available to the junior colleges 2158
or supporting funds allocated in support of the Mississippi Junior 2159
College Vocational and Technical Training Law of 1964, or both, 2160
may be used to supplement any other funds that may now be, or that 2161
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may hereafter become, available for the purposes of carrying out 2162
the intent of said law. In no event, however, shall any 2163
expenditures be made under the provisions of said law unless the 2164
amount of local funds involved shall be equal to or exceed the 2165
amount of state funds made available for the projects or programs 2166
involved. 2167
SECTION 69. Section 37-29-175, Mississippi Code of 1972, is 2168
brought forward as follows: 2169
37-29-175. If a junior college now or hereafter establishes 2170
facilities for the industrial training of students and it appears 2171
to the board of trustees of the junior college district that the 2172
training of students will be facilitated by the continuous 2173
operation of such facilities, the trustees are authorized to lease 2174
to individual firms or corporations such facilities or a part 2175
thereof upon such terms and conditions as the trustees may 2176
approve, provided that all students desirous of securing training 2177
of the kind offered by the lessee shall be given a reasonable 2178
opportunity therefor. 2179
SECTION 70. Section 37-29-177, Mississippi Code of 1972, is 2180
brought forward as follows: 2181
37-29-177. Specialized programs in vocational and vocational 2182
technical education which are not available to students in their 2183
home districts, but which are offered in other districts, shall be 2184
available to such students on a non out of district fee basis. 2185
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SECTION 71. Section 37-29-231, Mississippi Code of 1972, is 2186
brought forward as follows: 2187
37-29-231. (1) The provisions of Sections 37-103-1 through 2188
37-103-29 relating to the legal residence of and tuition to be 2189
charged any student applying for admission to state educational 2190
institutions shall be applicable to the boards of trustees of each 2191
junior college district in the state and to the administrative 2192
authorities of each such junior college governed by said board. 2193
(2) (a) The board of trustees of each community or junior 2194
college is authorized, in its discretion and as deemed necessary, 2195
to enter into contract with a municipality as authorized under 2196
Section 21-25-23, or into an interlocal agreement with the county 2197
governing authority of the county wherein the community or junior 2198
college is located if situated outside of the incorporated limits 2199
of any city or municipality therein, to provide fire protection 2200
and first responder services to the main campus of the community 2201
or junior college for which the contract or interlocal agreement 2202
was entered. In addition to fire protection services, first 2203
responder services shall also include law enforcement services and 2204
emergency medical transportation services. 2205
(b) Upon entering such contract or interlocal 2206
agreement, the board of trustees of the community or junior 2207
college receiving services under the contract or interlocal 2208
agreement may assess each student a fee not to exceed Five Dollars 2209
($5.00), each semester to offset the cost associated with the 2210
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services provided, which shall be allocated by the board of 2211
trustees to the local governing authority providing first 2212
responder services. This paragraph (b) shall stand repealed on 2213
July 1, 2027. 2214
SECTION 72. Section 37-29-232, Mississippi Code of 1972, is 2215
brought forward as follows: 2216
37-29-232. (1) For the purposes of this section: 2217
(a) "Health care professional/vocational technical 2218
academic program" means an academic program in medicine, nursing, 2219
dentistry, occupational therapy, physical therapy, social 2220
services, nutrition services, speech therapy, or other 2221
allied-health professional whose purpose is to prepare 2222
professionals to render patient care services. 2223
(b) "Health care professional/vocational technical 2224
student" means a student enrolled in a health care 2225
professional/vocational technical academic program. 2226
(2) The dean or director of the health care 2227
professional/vocational technical academic program is authorized 2228
to ensure that criminal history record checks and fingerprinting 2229
are obtained on their students before the students begin any 2230
clinical rotation in a licensed health care entity and that the 2231
criminal history record check information and registry checks are 2232
on file at the academic institution. In order to determine the 2233
student's suitability for the clinical rotation, the student shall 2234
be fingerprinted. If no disqualifying record is identified at the 2235
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state level, the fingerprints shall be forwarded by the Department 2236
of Public Safety, the Department of Health, or any other legally 2237
authorized entity to the FBI for a national criminal history 2238
record check. The fee for the fingerprinting and criminal history 2239
record check shall be paid by the applicant, not to exceed Fifty 2240
Dollars ($50.00); however, the academic institution in which the 2241
student is enrolled, in its discretion, may elect to pay the fee 2242
for the fingerprinting and criminal history record check on behalf 2243
of any applicant. Under no circumstances shall the academic 2244
institution representative or any individual other than the 2245
subject of the criminal history record checks disseminate 2246
information received through any such checks except insofar as 2247
required to fulfill the purposes of this section. 2248
(3) If the fingerprinting or criminal history record checks 2249
disclose a felony conviction, guilty plea or plea of nolo 2250
contendere to a felony of possession or sale of drugs, murder, 2251
manslaughter, armed robbery, rape, sexual battery, sex offense 2252
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 2253
burglary, gratification of lust or aggravated assault, or 2254
felonious abuse and/or battery of a vulnerable adult that has not 2255
been reversed on appeal or for which a pardon has not been 2256
granted, the student shall not be eligible to be admitted to the 2257
health care professional/vocational technical academic program of 2258
study. Any preadmission agreement executed by the health care 2259
professional/vocational technical academic program shall be 2260
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voidable if the student receives a disqualifying criminal history 2261
record check. However, the administration of the health care 2262
professional/vocational technical academic program may, in its 2263
discretion, allow any applicant aggrieved by the admissions 2264
decision under this section to appear before an appeals committee 2265
or before a hearing officer designated for that purpose, to show 2266
mitigating circumstances that may exist and allow the student to 2267
be admitted to or continue in the program of study. The health 2268
care professional/vocational technical academic program may grant 2269
waivers for those mitigating circumstances, which shall include, 2270
but not be limited to: (a) age at which the crime was committed; 2271
(b) circumstances surrounding the crime; (c) length of time since 2272
the conviction and criminal history since the conviction; (d) work 2273
history; (e) current employment and character references; (f) 2274
other evidence demonstrating the ability of the student to perform 2275
the clinical responsibilities competently and that the student 2276
does not pose a threat to the health or safety of patients in the 2277
licensed health care entities in which they will be conducting 2278
clinical experiences. The health care professional/vocational 2279
technical academic program shall provide assurance to the licensed 2280
health care entity in which the clinical rotation is planned that 2281
the results of a health care professional/vocational technical 2282
student's criminal history record check would not prohibit the 2283
student from being able to conduct his or her clinical activities 2284
in the facility, institution, or organization. The criminal 2285
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history record check shall be valid for the course of academic 2286
study, provided that annual disclosure statements are provided to 2287
the health care professional/vocational technical academic program 2288
regarding any criminal activity that may have occurred during the 2289
student's tenure with the health care professional/vocational 2290
technical academic program. The criminal history record check may 2291
be repeated at the discretion of the health care 2292
professional/vocational technical academic program based on 2293
information obtained during the annual disclosure statements. In 2294
extenuating circumstances, if a criminal history record check is 2295
initiated and the results are not available at the time the 2296
clinical rotation begins, the academic institution in which the 2297
student is enrolled, at its discretion, may require a signed 2298
affidavit from the student assuring compliance with this section. 2299
The affidavit will be considered void within sixty (60) days of 2300
its signature. 2301
(4) Criminal history record checks that are done as part of 2302
the requirements for participation in the health care 2303
professional/vocational technical academic program may not be used 2304
for any other purpose than those activities associated with their 2305
program of study. Students who may be employed as health care 2306
professionals outside of their program of study may be required to 2307
obtain additional criminal history record checks as part of their 2308
employment agreement. 2309
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(5) No health care professional/vocational technical 2310
academic program or academic program employee shall be held liable 2311
in any admissions discrimination suit in which an allegation of 2312
discrimination is made regarding an admissions decision authorized 2313
under this section. 2314
SECTION 73. Section 37-29-261, Mississippi Code of 1972, is 2315
brought forward as follows: 2316
37-29-261. The board of supervisors of any county which 2317
levies a tax for the support of a junior college district may, in 2318
its discretion, permit county road department employees or road 2319
district employees, if any, to operate county-owned equipment and 2320
machinery to assist in the maintenance of the public property on 2321
such junior college campus. 2322
The board of trustees of the junior college district affected 2323
and the board of supervisors may agree as to the terms and 2324
conditions under which such public property may be worked and 2325
supplies or materials may be furnished. 2326
SECTION 74. Section 37-29-263, Mississippi Code of 1972, is 2327
brought forward as follows: 2328
37-29-263. Any other provision of law to the contrary 2329
notwithstanding, the various junior colleges of the state are 2330
authorized to defray the cost of providing electronic data 2331
processing equipment out of any available funds acquired from 2332
taxes levied within the junior college district, whether 2333
designated for capital expenditures or operating costs, whether 2334
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such equipment is acquired by purchase, lease or under any other 2335
form of contract. However, no such funds shall be expended unless 2336
the acquisition of such equipment has been approved by the central 2337
data processing authority. 2338
SECTION 75. Section 37-29-265, Mississippi Code of 1972, is 2339
brought forward as follows: 2340
37-29-265. The municipalities of Mississippi and the 2341
municipal separate school districts in Mississippi are hereby 2342
authorized and empowered to issue municipal bonds or municipal 2343
separate school district bonds to aid in procuring the 2344
establishment, location, and maintenance of junior colleges which 2345
have been or may hereafter be established. Said bonds shall be 2346
issued as provided by law. The proceeds of the sale of said bonds 2347
may be used for the purchase of lands, buildings or for erecting 2348
buildings, or in any way to aid in the establishment and 2349
maintenance of junior colleges. 2350
SECTION 76. Section 37-29-267, Mississippi Code of 1972, is 2351
brought forward as follows: 2352
37-29-267. Any municipality, county or counties, acting 2353
alone or jointly with other counties or municipalities, which have 2354
organized or shall hereafter organize a junior college under the 2355
provisions of Sections 37-29-1 through 37-29-273, shall be 2356
authorized to purchase lands or buildings for such college for 2357
cash or upon the installment plan. The deferred balance shall not 2358
bear interest in excess of that allowed for tax anticipation notes 2359
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in Section 75-17-105, Mississippi Code of 1972, and any deferred 2360
balance may be secured by a vendor's lien or by promissory notes 2361
and a deed of trust to be executed by the designated 2362
representative of the trustees of the junior college district. 2363
Title to such property shall be taken in the name of the trustees 2364
of such junior college district and their successors in office. 2365
The board of supervisors of such county or counties, or in 2366
the case of a multiple county district the county of location 2367
acting alone or with one or more of the other counties, and the 2368
mayor and board of aldermen or other governing authority of such 2369
municipalities, are hereby authorized to levy annually a 2370
sufficient ad valorem tax to pay the down payment or yearly 2371
installments provided in the deed or deed of trust, or may use the 2372
three (3) mills provided in subsection (2) of Section 37-29-141, 2373
allowed for enlargement and improvements. 2374
At the time of the purchase of said lands or buildings there 2375
shall be entered on the minutes of the board of supervisors of 2376
each county or board of aldermen or other governing authority of 2377
each municipality participating, an order specifying the amount to 2378
be paid for such property and providing for the annual 2379
installments, and obligating the governing authorities of such 2380
county, counties, or municipalities to levy annually a sufficient 2381
ad valorem tax to pay such installment. The funds collected by 2382
such tax levy shall be paid into the hands of the county 2383
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superintendent of the county in which such junior college is 2384
located, and disbursed by him as said installments become due. 2385
In the event there is, at the time of the purchase of said 2386
property, an indebtedness due secured by a lien on such property, 2387
then the board of trustees of such junior college district shall 2388
have the authority to assume such indebtedness and pay same as a 2389
part of the purchase price of said property. 2390
The junior college district shall have the privilege of 2391
prepaying all or a portion of the deferred balance at any time 2392
without penalty, and for this purpose may use any appropriate 2393
available funds. 2394
Unneeded land or buildings or facilities located on property 2395
so acquired may be leased, or the buildings may be sold and 2396
removed. 2397
By the authority given in this section for the home county of 2398
a junior college district to purchase land for junior college 2399
purposes, such indebtedness incurred or funds expended cannot 2400
become a binding obligation on other counties in the junior 2401
college district unless the boards of supervisors of such counties 2402
expressly consent thereto. 2403
SECTION 77. Section 37-29-268, Mississippi Code of 1972, is 2404
brought forward as follows: 2405
37-29-268. (1) There is hereby created in the State 2406
Treasury a special fund to be designated as the "Community College 2407
Repair and Renovation Fund" which shall consist of monies 2408
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appropriated or otherwise made available therefor by the 2409
Legislature. Within the special fund, the State Treasury shall 2410
establish a subaccount for each community and junior college. 2411
Interest earned on monies in the special fund shall be deposited 2412
to the credit of such fund and money shall not lapse at the end of 2413
the fiscal year into the State General Fund. Money in the special 2414
fund shall be appropriated by the Legislature and allocated by the 2415
Bureau of Building, Grounds and Real Property Management, 2416
Department of Finance and Administration, for the repair, 2417
renovation and improvement of existing facilities owned by the 2418
community and junior colleges, including utility infrastructure 2419
projects; heating, ventilation and air conditioning systems; and 2420
the replacement of furniture and equipment. However, the cost of 2421
such repair, renovation and improvement for any one (1) project 2422
shall not exceed One Million Dollars ($1,000,000.00). 2423
(2) Monies in the special fund shall be allocated to each 2424
community college's subaccount as follows: 2425
(a) One-half (1/2) divided equally among the fifteen 2426
(15) public community and junior colleges; and 2427
(b) One-half (1/2) divided upon the basis of the number 2428
of full-time academic, technical and vocational public community 2429
and junior college students actually enrolled and in attendance on 2430
the last day of the sixth week of the fall semester of the 2431
preceding year counting only those students who reside within the 2432
State of Mississippi. On or before December 1 of each year, the 2433
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Mississippi Community College Board shall furnish the Bureau of 2434
Building, Grounds and Real Property Management, Department of 2435
Finance and Administration, the enrollment information required in 2436
this paragraph (b), including the percentage of statewide 2437
enrollment attributed to each community and junior college. 2438
(3) For the purposes of this section, the term "furniture 2439
and equipment" shall be limited to the types of furniture and 2440
equipment items previously recorded in the community college's 2441
inventory. 2442
SECTION 78. Section 37-29-269, Mississippi Code of 1972, is 2443
brought forward as follows: 2444
37-29-269. Nothing in Sections 37-29-1 through 37-29-273 2445
shall be construed to repeal any statute relating to county 2446
agricultural high schools, and it is expressly provided that such 2447
schools may be operated in conjunction with junior colleges. 2448
However, when so operated they shall be under control of the 2449
president and boards of trustees of the junior college districts. 2450
Any agricultural high school which is not located on or 2451
adjacent to an existing junior college shall continue to be 2452
operated as heretofore and shall in no way be affected by the 2453
provisions of Sections 37-29-1 through 37-29-273. 2454
When a junior college through the agricultural high school 2455
provides high school facilities of any school district, then the 2456
pupils from that district may be enumerated as other pupils in the 2457
common schools and the school district or county superintendent 2458
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may pay to the junior college tuition such as determined by the 2459
State Department of Education for any other schools, and no 2460
agricultural high school funds shall be disbursed for pupils for 2461
whom such tuition is paid. 2462
SECTION 79. Section 37-29-273, Mississippi Code of 1972, is 2463
brought forward as follows: 2464
37-29-273. The county superintendent of education of a 2465
county in which there is located and operated a legally 2466
constituted municipal junior college may provide for the 2467
attendance of pupils residing in the county of which he is 2468
superintendent of education at such municipal junior college, and 2469
pay for same by certificate drawn by him on the special junior 2470
college fund. Said fund shall be raised by a levy made by the 2471
board of supervisors upon the recommendation of the county board 2472
of education. However, the amount so paid shall not be greater 2473
than the pro rata share of such pupils in the actual cost of 2474
incidentals and tuition of such municipal junior college. 2475
SECTION 80. Section 37-29-275, Mississippi Code of 1972, is 2476
brought forward as follows: 2477
37-29-275. Any act, which, if committed within the limits of 2478
a city, town or village, or in any public place, would be a 2479
violation of the general laws of this state, shall be criminal and 2480
punishable if done on the campus, grounds or roads of any of the 2481
state-supported junior colleges. The peace officers duly 2482
appointed by the board of trustees of state-supported community or 2483
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junior colleges or officers of private security firms licensed by 2484
the State of Mississippi contracted by the boards of trustees of 2485
state-supported community/junior colleges are vested with the 2486
powers and subjected to the duties of a constable for the purpose 2487
of preventing and punishing all violations of law on 2488
state-supported junior college grounds and for preserving order 2489
and decorum thereon. Peace officers appointed by the boards of 2490
trustees or officers of private security firms licensed by the 2491
State of Mississippi contracted by the boards of trustees shall 2492
have authority to bear arms in order to carry out their law 2493
enforcement responsibilities if such officers have been certified 2494
according to the minimum standards established by the Board on Law 2495
Enforcement Officer Standards and Training. The peace officers 2496
duly appointed by the boards of trustees of public 2497
community/junior colleges are also vested with the powers and 2498
subjected to the duties of a constable for the purpose of 2499
preventing all violations of law that occur within five hundred 2500
(500) feet of any property owned by the college, if reasonably 2501
determined to have a possible impact on the safety of students, 2502
faculty or staff of the college while on said property. Provided, 2503
however, that nothing in this section shall be interpreted to 2504
require action by any such peace officer appointed by a college to 2505
events occurring outside the boundaries of college property, nor 2506
shall any such college or its employees be liable for any failure 2507
to act to any event occurring outside the boundaries of property 2508
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owned by the college. If a law enforcement officer is duly 2509
appointed to be a peace officer by a college under this section, 2510
the board of trustees of the public community/junior college may 2511
enter into an interlocal agreement with other law enforcement 2512
entities for the provision of equipment or traffic control duties, 2513
however, the duty to enforce traffic regulations and to enforce 2514
the laws of the state or municipality off of college property lies 2515
with the local police or sheriff's department which cannot 2516
withhold its services solely because of the lack of such an 2517
agreement. 2518
SECTION 81. Section 37-29-277, Mississippi Code of 1972, is 2519
brought forward as follows: 2520
37-29-277. When the board of trustees of any community or 2521
junior college or educational building corporation created under 2522
Sections 37-29-601 through 37-29-613 acquires auxiliary facilities 2523
by lease, lease-purchase or service contract, or borrows money to 2524
purchase the property, the board of trustees or educational 2525
building corporation shall obtain business interruption insurance 2526
in an amount sufficient to pay lease payments or debt service 2527
payments for the period of time required to restore or rebuild 2528
leased or financed facilities damaged or destroyed by a 2529
catastrophic event such as a fire, storm, tornado or earthquake. 2530
SECTION 82. Section 37-29-305, Mississippi Code of 1972, is 2531
brought forward as follows: 2532
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37-29-305. (1) In funding community and junior colleges, 2533
the actual amount of the annual appropriation of the community and 2534
junior colleges general support bill shall be computed as follows: 2535
(a) Calculate the state funding per student for Grades 2536
K-12 by dividing the total revenue from state funds by the ADA. 2537
Both the funding and ADA figures shall be provided by the State 2538
Department of Education. 2539
(b) Calculate the state funding per FTE for regional 2540
universities by dividing the state funds for E & G operations by 2541
FTE enrollment. Both funding and enrollment figures shall come 2542
from the SREB State Data Exchange. 2543
(c) Mid-level funding for community and junior colleges 2544
shall be the average as computed from paragraphs (a) and (b) of 2545
this subsection multiplied by the total community and junior 2546
college FTEs. This amount shall be appropriated annually by the 2547
Legislature to the community and junior colleges. 2548
(2) Data used in the calculation of paragraphs (a), (b) and 2549
(c) of subsection (1) shall be the most current available data 2550
utilizing the same fiscal year for all entities involved. 2551
Information from the SREB State Data Exchange shall be used to 2552
ensure common denominators in the calculation of FTE enrollment 2553
and to ensure consistent reporting of financial data. 2554
SECTION 83. Section 37-29-321, Mississippi Code of 1972, is 2555
brought forward as follows: 2556
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37-29-321. (a) (i) A special fund, to be designated as the 2557
"2022 Community and Junior Colleges Capital Improvements Fund," is 2558
created within the State Treasury. The fund shall be maintained 2559
by the State Treasurer as a separate and special fund, separate 2560
and apart from the General Fund of the state. Unexpended amounts 2561
remaining in the fund at the end of a fiscal year shall not lapse 2562
into the State General Fund, and any interest earned or investment 2563
earnings on amounts in the fund shall be deposited into such fund. 2564
Monies in the fund may not be used or expended for any purpose 2565
except as authorized under this section. 2566
(ii) Monies deposited into the fund shall be 2567
disbursed, in the discretion of the Department of Finance and 2568
Administration, to pay the costs of acquisition of real property, 2569
construction of new facilities, equipping and furnishing 2570
facilities, including furniture and technology equipment and 2571
infrastructure, and addition to or renovation of existing 2572
facilities for community and junior college campuses as 2573
recommended by the Mississippi Community College Board. The 2574
amount to be expended at each community and junior college is as 2575
follows: 2576
Coahoma............................................ $ 1,570,500.00 2577
Copiah-Lincoln...................................... 1,840,500.00 2578
East Central......................................... 1,735,500.00 2579
East Mississippi..................................... 2,015,500.00 2580
Hinds............................................... 3,780,500.00 2581
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Holmes............................................... 2,656,500.00 2582
Itawamba............................................. 2,415,500.00 2583
Jones................................................ 2,295,500.00 2584
Meridian............................................. 1,840,500.00 2585
Mississippi Delta.................................... 1,655,500.00 2586
Mississippi Gulf Coast............................... 3,357,500.00 2587
Northeast Mississippi................................ 2,145,500.00 2588
Northwest Mississippi................................ 3,500,000.00 2589
Pearl River......................................... 2,545,500.00 2590
Southwest Mississippi................................ 1,645,500.00 2591
GRAND TOTAL....................................... $35,000,000.00 2592
(b) Amounts deposited into such special fund shall be 2593
disbursed to pay the costs of projects described in paragraph (a) 2594
of this section. If any monies in such special fund are not used 2595
within four (4) years after the date funds are transferred under 2596
Section 2 of Chapter 510, Laws of 2022, from the Capital Expense 2597
Fund created in Section 27-103-303, Mississippi Code of 1972, into 2598
the special fund, then the community college or junior college for 2599
which any such monies are allocated under paragraph (a) of this 2600
section shall provide an accounting of such unused monies to the 2601
Department of Finance and Administration. 2602
(c) The Department of Finance and Administration, 2603
acting through the Bureau of Building, Grounds and Real Property 2604
Management, is expressly authorized and empowered to receive and 2605
expend any local or other source funds in connection with the 2606
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expenditure of funds provided for in this section. The 2607
expenditure of monies deposited into the special fund shall be 2608
under the direction of the Department of Finance and 2609
Administration, and such funds shall be paid by the State 2610
Treasurer upon warrants issued by such department, which warrants 2611
shall be issued upon requisitions signed by the Executive Director 2612
of the Department of Finance and Administration, or his designee. 2613
SECTION 84. Section 37-29-401, Mississippi Code of 1972, is 2614
brought forward as follows: 2615
37-29-401. There is hereby created a junior college district 2616
comprised of the territory lying within Harrison, Stone, George 2617
and Jackson Counties and having boundaries coinciding with the 2618
external boundaries thereof. 2619
The name of the said junior college district shall be the 2620
Mississippi Gulf Coast Junior College District of Mississippi and 2621
the said district shall be and the same is hereby constituted a 2622
legal political governmental subdivision and a body corporate. 2623
SECTION 85. Section 37-29-403, Mississippi Code of 1972, is 2624
brought forward as follows: 2625
37-29-403. All of the property belonging to the board of 2626
trustees of Perkinston Junior College and all of the property 2627
belonging to either or all of the counties prior to and as of May 2628
10, 1962, cooperating in the Perkinston Junior College or the 2629
agricultural high school junior college located at Perkinston, 2630
Mississippi and utilized or held for the present or future use and 2631
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benefit of said junior college and/or agricultural high school 2632
junior college shall be and the same is hereby transferred to and 2633
vested in the Mississippi Gulf Coast Junior College District. 2634
SECTION 86. Section 37-29-405, Mississippi Code of 1972, is 2635
brought forward as follows: 2636
37-29-405. The Mississippi Gulf Coast Junior College 2637
District shall be under the executive direction of a president 2638
elected by the board of trustees of said district. 2639
SECTION 87. Section 37-29-407, Mississippi Code of 1972, is 2640
brought forward as follows: 2641
37-29-407. The president of the junior college shall have 2642
the power to recommend to the trustees all teachers to be employed 2643
and he may remove or suspend any member of the faculty subject to 2644
the approval of the trustees. He shall be the general manager of 2645
all fiscal and administrative affairs of the district with full 2646
authority to select, direct, employ and discharge any and all 2647
employees other than teachers. 2648
The president shall have the authority, subject to the 2649
provisions of Sections 37-29-401 through 37-29-437 and the 2650
approval of the trustees, to arrange and survey courses of study, 2651
fix schedules, and establish and enforce rules and discipline for 2652
the governing of teachers and students. He shall be the general 2653
custodian of the property of the district. 2654
SECTION 88. Section 37-29-409, Mississippi Code of 1972, is 2655
brought forward as follows: 2656
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37-29-409. The operation and control of the Mississippi Gulf 2657
Coast Junior College District and the college or colleges operated 2658
therein shall be vested in a board of trustees representing each 2659
of the four (4) counties lying within the district. The board of 2660
trustees shall consist of twenty-three (23) members. Of the said 2661
number Harrison County shall be entitled to eight (8) members, 2662
Stone County shall be entitled to three (3) members, George County 2663
shall be entitled to three (3) members and Jackson County shall be 2664
entitled to eight (8) members. In no event in the future shall 2665
any of the counties have more than the number hereinabove 2666
established. The members of the board of trustees from each 2667
county shall be elected by the board of supervisors of the county. 2668
Except as hereinafter specified the term of office of each trustee 2669
shall be five (5) years. The members of the board of trustees 2670
serving on July 1, 1989, shall continue to serve until their terms 2671
expire. All shall be appointed for a term of five (5) years each. 2672
There shall be one (1) additional member of the board who shall 2673
be selected by the members of the board of trustees who shall 2674
reside alternatively in Jackson and Harrison Counties, with the 2675
initial appointment to be made from Jackson County for a term of 2676
five (5) years. 2677
SECTION 89. Section 37-29-411, Mississippi Code of 1972, is 2678
brought forward as follows: 2679
37-29-411. The Board of Trustees of the Mississippi Gulf 2680
Coast Junior College District shall have the powers to do all 2681
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things necessary to the successful operation of the said district 2682
and the college or colleges or attendance centers located therein. 2683
The several colleges of the said district shall be under the 2684
direction of the board of trustees and the president and under the 2685
local supervision of a dean. The board of trustees shall, by 2686
resolution or order, provide for the government, maintenance and 2687
operation of each of the colleges within the district. 2688
The said junior college district shall have all the powers of 2689
other junior college districts or junior colleges in the State of 2690
Mississippi and the delineation and enumeration of the powers and 2691
purposes set out in Sections 37-29-401 through 37-29-437 shall be 2692
deemed to be supplemental and additional and shall not be 2693
construed to restrict the powers of the governing authorities of 2694
the district or of any college located therein so as to deny to 2695
the said district and the colleges therein the rights, privileges 2696
and powers enjoyed by other junior colleges and junior college 2697
districts in the State of Mississippi. 2698
The said junior college district shall remain subject to the 2699
jurisdiction and control of the Mississippi Community College 2700
Board as now established or as the same may be hereafter changed 2701
by law, and shall be subject to all rules and regulations and all 2702
statutory limitations which are now in effect or may hereafter be 2703
imposed, except as the same may be in direct conflict with the 2704
provisions of Sections 37-29-401 through 37-29-437. 2705
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SECTION 90. Section 37-29-413, Mississippi Code of 1972, is 2706
brought forward as follows: 2707
37-29-413. The Mississippi Gulf Coast Junior College 2708
District is hereby authorized and empowered to operate junior 2709
college attendance centers at Perkinston, Mississippi, in the 2710
vicinity of Gulfport and Biloxi and in the vicinity of Pascagoula 2711
and Moss Point and at such other places within the district, 2712
subject to the approval of the Mississippi Community College 2713
Board, as the board of trustees shall determine to be in the best 2714
interest of the district. 2715
SECTION 91. Section 37-29-415, Mississippi Code of 1972, is 2716
brought forward as follows: 2717
37-29-415. The board of trustees of the Mississippi Gulf 2718
Coast Junior College District shall, on or before the fifteenth 2719
day of June each year, prepare and file the annual budget of the 2720
district. The said budget shall contain a detailed estimate of 2721
the revenues and expenses anticipated for the ensuing year for 2722
general operation and maintenance and shall set forth the 2723
reasonable requirements for anticipated needs for capital outlays 2724
for land, buildings, initial equipment for new buildings and major 2725
repairs, a reasonable accumulation for such purposes being hereby 2726
expressly authorized. Funds derived from the levy for capital 2727
outlay shall be kept in a separate account and expended for 2728
capital outlay purposes only. 2729
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SECTION 92. Section 37-29-417, Mississippi Code of 1972, is 2730
brought forward as follows: 2731
37-29-417. The trustees of the Mississippi Gulf Coast Junior 2732
College District are authorized to execute oil, gas and mineral 2733
leases on any of the property of the district but such leases 2734
shall not extend for a term beyond five (5) years unless oil, gas 2735
or other minerals shall be in production under said leases at the 2736
expiration of said period. The terms and conditions of said 2737
lease, within the limitations above set out, shall be for the 2738
determination and within the discretion of the trustees. 2739
SECTION 93. Section 37-29-419, Mississippi Code of 1972, is 2740
brought forward as follows: 2741
37-29-419. When any land or other property owned by the 2742
Mississippi Gulf Coast Junior College District shall cease to be 2743
used or needed by the district, the same may be sold by the board 2744
of trustees upon sealed bids after three weeks' advertisement in a 2745
newspaper in the county where the said property is located. 2746
Personal property having a value determined by the board of less 2747
than Five Hundred Dollars ($500.00) may be sold without such 2748
advertisement; however, in such event notice shall be posted in at 2749
least three public places in the county where such property is 2750
situated or where it is to be sold, giving notice of the time and 2751
place of such sale, and such property shall be sold to the highest 2752
and best bidder for cash. Such notice shall be posted for ten 2753
days before the sale. 2754
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SECTION 94. Section 37-29-421, Mississippi Code of 1972, is 2755
brought forward as follows: 2756
37-29-421. The Mississippi Gulf Coast Junior College 2757
District is charged with the responsibility for providing pre 2758
professional courses, liberal arts, technical, vocational, and 2759
adult education courses and shall undertake to provide the same as 2760
conveniently as is possible to the residents of the district and 2761
to this end the board of trustees is authorized and empowered to 2762
transport such students as, in its discretion, should be 2763
transported in the best interest of the district. 2764
SECTION 95. Section 37-29-423, Mississippi Code of 1972, is 2765
brought forward as follows: 2766
37-29-423. The Mississippi Gulf Coast Junior College 2767
District, in the discretion of the board of trustees, may charge 2768
fees and tuitions in accordance with Section 37-103-25. 2769
SECTION 96. Section 37-29-425, Mississippi Code of 1972, is 2770
brought forward as follows: 2771
37-29-425. The board of trustees of the Mississippi Gulf 2772
Coast Junior College District may borrow money in anticipation of 2773
taxes not to exceed fifty percent (50%) of the previous year's ad 2774
valorem tax receipts for the purpose of paying any expenses 2775
authorized by law for the operation, maintenance and support of 2776
the colleges. The loan shall be evidenced by note or notes 2777
bearing the signature of the president and of the secretary of the 2778
board of trustees and the seal of the college shall be thereon 2779
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impressed. Said notes shall mature not later than the first day 2780
of April next thereafter and the same shall not bear interest in 2781
excess of that allowed in Section 75-17-105, Mississippi Code of 2782
1972. 2783
SECTION 97. Section 37-29-427, Mississippi Code of 1972, is 2784
brought forward as follows: 2785
37-29-427. In the event that bonds shall have been 2786
authorized for projects determined by the board of trustees of the 2787
Mississippi Gulf Coast Junior College District and such bonds 2788
validated, the board of trustees is authorized to utilize any 2789
available funds for the immediate commencement of such project and 2790
to reimburse the funds from which any such expenditures are made 2791
from the proceeds of the bonds when the same are received. 2792
SECTION 98. Section 37-29-429, Mississippi Code of 1972, is 2793
brought forward as follows: 2794
37-29-429. When the board of trustees of the Mississippi 2795
Gulf Coast Junior College District shall determine that it is 2796
necessary to procure additional funds by issuance of bonds for the 2797
purpose of making capital outlays for the construction and 2798
equipping of buildings, athletic fields, other structures, and 2799
related facilities, or for making repairs or providing funds for 2800
use in conjunction with funds provided by or available from any 2801
governmental, public or private source by loan, donation, matching 2802
program or grant, it may adopt a resolution declaring the 2803
necessity for said funds, that the same are unavailable from other 2804
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sources and declare the purpose for which said funds are required 2805
and to be expended which purposes may, in addition to the 2806
foregoing, include any and all of the purposes for which school 2807
district bonds may be issued. In its said resolution the board of 2808
trustees shall determine and adjudge that the said bonds when 2809
issued will not result in the imposition on the property of the 2810
district of an indebtedness of more than five percent of the 2811
assessed valuation of the taxable property in the junior college 2812
district for junior college purposes, according to the latest 2813
completed assessment for taxation, shall specify the maximum 2814
amount in which said bonds may be issued, give the general 2815
proposed schedule of maturities and the details with respect to 2816
said bonds. In all matters where not otherwise herein provided 2817
the said bonds shall conform to the provisions of law governing 2818
school district bonds. Upon request of the board of trustees the 2819
clerk of the chancery court of each county shall furnish his 2820
certificate showing the totals of the latest completed assessment 2821
for taxation of all taxable property of the county, including 2822
motor vehicles. 2823
Said resolution may call upon the boards of supervisors of 2824
the several counties to require an election to be called to 2825
determine whether or not the said bonds shall be issued or it may, 2826
in the discretion of said board of trustees, determine to issue 2827
the said bonds unless protest shall be filed and an election 2828
called pursuant thereto as set out in Section 37-29-431. In the 2829
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event that the board of trustees shall determine to cause an 2830
election to be called as above mentioned, the election shall be 2831
held and the results thereof ascertained and given effect in the 2832
manner as is set out in Section 37-29-431 and provided for in 2833
cases where an election is called upon the petition of twenty 2834
percent (20%) of the qualified electors of the county. 2835
Prior to its resolution determining to issue said bonds or 2836
call an election thereon, the board of trustees of the junior 2837
college district shall inform the board of supervisors of each of 2838
the counties of its proposal and may be required, by the board of 2839
supervisors of any county, to cause to be made a survey, by one or 2840
more impartial experts, of the building needs of the district, 2841
setting out the same in the order of priority. If such a survey 2842
has been conducted within the past twenty four (24) months a new 2843
one shall not be required but the board of supervisors for the 2844
several counties shall be furnished with copies of the survey. 2845
SECTION 99. Section 37-29-431, Mississippi Code of 1972, is 2846
brought forward as follows: 2847
37-29-431. If the board of trustees of the Mississippi Gulf 2848
Coast Junior College District shall not elect itself to cause an 2849
election to be held, it shall immediately upon the adoption of the 2850
resolution mentioned in Section 37-29-429 certify the same to the 2851
boards of supervisors of each county and immediately cause notice 2852
of the proposed issuance of said bonds to be published once a week 2853
for three (3) consecutive weeks in each of the four (4) counties 2854
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of the district in a newspaper having general circulation therein. 2855
Said notice shall state that the determination to issue said bonds 2856
has been made by the board of trustees and the same will be issued 2857
unless, within thirty (30) days after the first publication of 2858
said notice, a petition signed by at least ten percent (10%) or 2859
twenty-five hundred (2500), whichever is less, of the qualified 2860
electors of the county shall be filed with the board of 2861
supervisors of the county protesting against the issuance of said 2862
bonds and seeking an election with respect thereto. If no protest 2863
be filed, the clerk of the board of supervisors shall immediately 2864
so certify to the secretary of the board of trustees of the junior 2865
college district and the said bonds may be then issued as 2866
proposed. 2867
If ten percent (10%) or twenty-five hundred (2500), whichever 2868
is less, of the qualified electors of any of the counties shall 2869
file their protest with the clerk of the board of supervisors of 2870
the county demanding an election on the issuance of said bonds, 2871
the board of supervisors shall promptly meet and consider said 2872
petition. If the said board shall find the petition to be 2873
sufficient, it shall enter an order directing the election 2874
commission of said county to cause an election to be held in the 2875
said county, fixing the date therefor in the order, to determine 2876
whether or not bonds shall be issued for the purposes set out in 2877
the resolution of the board of trustees and in the maximum amount 2878
therein provided. It shall thereupon become the duty of the 2879
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election commissioners of the county to hold said election on the 2880
date fixed by the board of supervisors. Said election shall be 2881
held as nearly as is practicable in accordance with the laws 2882
governing general elections, and three (3) weeks notice of said 2883
election shall be given by publication in a newspaper having 2884
general circulation in the county. The ballot used shall 2885
substantially describe the bond issue proposal and electors shall 2886
be permitted to vote for the bond issue or against the bond issue. 2887
Within three (3) days, Sundays and legal holidays excluded, 2888
after the holding of said election, the election commissioners 2889
shall certify to the board of trustees of the junior college 2890
district and to the board of supervisors of the county the result 2891
of said election. If after all of the elections have been held in 2892
the counties where the same have been called and the results 2893
thereof duly certified, the board of trustees shall determine that 2894
the majority of the qualified electors voting in any two (2) 2895
counties of the district, one (1) of which shall border on the 2896
Gulf of Mexico, shall have voted for the said bond issue, then the 2897
said bonds may be issued; otherwise the said bonds shall not be 2898
issued as proposed. 2899
If an election on the issuance of the bonds shall have been 2900
called in any county and it shall appear that no elections are 2901
being called in other counties or in a sufficient number of 2902
counties to result in an effective election, then the board of 2903
supervisors of the county having called the election may give 2904
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notice of the cancellation thereof at any time prior to the actual 2905
date of said election. 2906
SECTION 100. Section 37-29-433, Mississippi Code of 1972, is 2907
brought forward as follows: 2908
37-29-433. If it shall be determined to proceed with the 2909
issuance of the said bonds the same may be validated and sold as 2910
other bonds of the county or counties except that the sale shall 2911
be made by the board of trustees of the Mississippi Gulf Coast 2912
Junior College District and the validation proceedings may be held 2913
before the chancery court of any county of the district. Notice 2914
of the validation herein shall, however, be published as provided 2915
by law in each of the counties of the district. 2916
SECTION 101. Section 37-29-435, Mississippi Code of 1972, is 2917
brought forward as follows: 2918
37-29-435. All bonds issued by authority of Sections 2919
37-29-401 through 37-29-437 shall be full faith and credit bonds 2920
of the Mississippi Gulf Coast Junior College District. It shall 2921
be the duty of the board of trustees to request and the county 2922
board of supervisors to levy annually a tax on all of the taxable 2923
property of each county in the district sufficient to meet the 2924
principal and interest falling due on said bonds during the year 2925
for which said taxes are levied. 2926
SECTION 102. Section 37-29-437, Mississippi Code of 1972, is 2927
brought forward as follows: 2928
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37-29-437. After the budget shall have been prepared as is 2929
provided for in Section 37-29-415, the Board of Trustees of the 2930
Mississippi Gulf Coast Junior College District shall certify the 2931
same in writing to the boards of supervisors of the several 2932
counties and shall certify to the said boards of supervisors the 2933
number of mills of ad valorem taxation required to make provisions 2934
for the revenue required in said budget. It shall thereupon 2935
become the duty of the board of supervisors of each of the four 2936
(4) counties to levy the taxes in the number of mills specified by 2937
the board of trustees. The tax levy for maintenance and operation 2938
of the district shall not exceed four (4) mills nor shall the levy 2939
for capital outlay, including purchase of lands, construction and 2940
equipment of buildings and structures, making of major repairs, 2941
and for the retirement of bonds, exceed three (3) mills. 2942
Promptly upon having certified the requirements of the 2943
district to the several boards of supervisors the board of 2944
trustees of the district shall cause publication of notice to be 2945
made in each county in a newspaper published or having general 2946
circulation therein giving notice of the filing of the request for 2947
the levy aforesaid. Said notice shall be published at least one 2948
time and within ten (10) days after the certification of the 2949
request for such levy to the boards of supervisors. The said 2950
notice shall provide that the said levy requested will be made in 2951
each county unless a petition signed by twenty percent (20%) of 2952
the qualified electors of the district shall be filed with the 2953
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secretary of the board of trustees of the said district within 2954
thirty (30) days from the date of the first publication protesting 2955
against the said levy and demanding an election thereon. In the 2956
event of the filing of such a petition, it shall be the duty of 2957
the secretary forthwith to call a special meeting of the board of 2958
trustees of the district setting forth the fact of the filing of 2959
such petition in the notice of the call and the said board shall 2960
promptly meet and consider the said petition. If it shall find 2961
that the same does in fact protest against the said levies and is 2962
in fact signed by at least twenty percent (20%) of the qualified 2963
electors of the said district, it shall then so certify to the 2964
boards of supervisors of the several counties. As early as 2965
possible but not later than fifteen (15) days after the receipt of 2966
such notice, it shall be the duty of the board of supervisors of 2967
each county to enter an order directing the election commissioners 2968
of the county to proceed to hold an election in all of the voting 2969
precincts of said county to determine whether or not the levy 2970
shall be made as requested by the board of trustees of the 2971
district. 2972
The said election shall be held within thirty (30) days from 2973
the date of the said order of the board of supervisors requesting 2974
that the same be called and notice thereof shall be published once 2975
a week for three (3) weeks during the period between the order 2976
directing the election commissioners to hold the same and the 2977
actual date thereof. 2978
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The election shall be held in accordance with the laws 2979
governing general elections as nearly as is practicable and the 2980
election commissioners of each county shall, promptly after the 2981
holding of said election, certify to the secretary of the board of 2982
trustees of the district the result thereof in each county, 2983
certifying also the number of qualified electors in each county on 2984
the date of the holding of said election. The board of trustees 2985
of the district shall promptly meet and consider the several 2986
certificates of the election commissioners and shall determine the 2987
result of said election in the district. If it shall be 2988
determined that a majority of the qualified electors of the 2989
district have voted against the levy requested, the same shall not 2990
be made but the board of supervisors in each county shall continue 2991
in effect the levy made for the preceding fiscal year. If it be 2992
determined that a majority of the qualified electors has not voted 2993
against said levy, it shall be the duty of the board of 2994
supervisors of each county to make the levy as requested. In any 2995
event, the levy for full faith and credit bonds outstanding as 2996
obligations of the county before May 10, 1962, for capital outlays 2997
and improvements for Perkinston Junior College and/or bonds 2998
subsequently issued shall be continued in effect in accordance 2999
with the obligations undertaken in the issuance of said bonds. 3000
All of such bond levies, however, as are reasonably required to 3001
meet the annual maturities and interest on outstanding bonds shall 3002
be considered a part of the three-mill maximum above provided for 3003
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capital outlays, buildings, purchase of land and other similar 3004
items hereinbefore mentioned. 3005
SECTION 103. Section 37-29-451, Mississippi Code of 1972, is 3006
brought forward as follows: 3007
37-29-451. There is hereby created the Copiah-Lincoln Junior 3008
College District comprised of the territory lying within Adams, 3009
Copiah, Franklin, Jefferson, Lawrence, Lincoln and Simpson 3010
Counties and having boundaries coinciding with the external 3011
boundaries thereof. The said district shall be and is hereby 3012
constituted a legal political governmental subdivision and a body 3013
corporate. The board of trustees of said district, with the 3014
consent of the Mississippi Community College Board, is hereby 3015
empowered to change the name of the district. 3016
SECTION 104. Section 37-29-453, Mississippi Code of 1972, is 3017
brought forward as follows: 3018
37-29-453. The Copiah Lincoln Junior College District shall 3019
be under the executive direction of a president elected by the 3020
board of trustees of said district for a term not to exceed four 3021
(4) years. 3022
SECTION 105. Section 37-29-455, Mississippi Code of 1972, is 3023
brought forward as follows: 3024
37-29-455. The president of the junior college shall have 3025
the power to recommend to the trustees all teachers to be 3026
employed; and he may remove or suspend any member of the faculty 3027
subject to the approval of the trustees. He shall be the general 3028
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manager of all fiscal and administrative affairs of the district 3029
with full authority to select, direct, employ and discharge any 3030
and all employees other than teachers; however, the board may make 3031
provisions and establish policies for leave for faculty members 3032
and other key personnel. 3033
The president shall have the authority, subject to the 3034
provisions of Sections 37-29-451 through 37-29-471 and the 3035
approval of the trustees, to arrange and survey courses of study, 3036
fix schedules, and establish and enforce rules and discipline for 3037
the governing of teachers and students. He shall be the general 3038
custodian of the property of the district. 3039
SECTION 106. Section 37-29-457, Mississippi Code of 1972, is 3040
brought forward as follows: 3041
37-29-457. (1) The operation and control of the 3042
Copiah-Lincoln Junior College District shall be vested in a board 3043
of trustees representing the seven (7) counties lying within the 3044
district. The said board shall consist of twenty (20) members to 3045
be chosen as follows: 3046
(a) Copiah County shall be entitled to five (5) members 3047
who shall be elected and serve according to Section 37-29-65. 3048
(b) Lincoln County shall be entitled to five (5) 3049
members who shall be elected and serve according to Section 3050
37-29-65. 3051
(c) Lawrence County shall be entitled to one (1) member 3052
who shall be elected and serve according to Section 37-29-65. 3053
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(d) Franklin County shall be entitled to one (1) member 3054
who shall be elected and serve according to Section 37-29-65. 3055
(e) Simpson County shall be entitled to one (1) member 3056
who shall be elected and serve according to Section 37-29-65. 3057
(f) Jefferson County shall be entitled to one (1) 3058
member who shall be elected and serve according to Section 3059
37-29-65. 3060
(g) Adams County shall be entitled to five (5) members 3061
who shall be elected from the residents of said county by the 3062
board of supervisors of Adams County within thirty (30) days of 3063
February 4, 1975. 3064
The terms of office for the members shall be five (5) years. 3065
However, upon the first selection of trustees in the county, one 3066
(1) shall be elected for a term of five (5) years, one (1) for a 3067
term of four (4) years, one (1) for a term of three (3) years, one 3068
(1) for a term of two (2) years, and one (1) for a term of one (1) 3069
year, so as to prevent the retirement of more than one (1) member 3070
in any one (1) year. The members elected from Adams County shall 3071
have like qualifications and receive the same compensation as the 3072
members from other counties as provided by Section 37-29-65. 3073
(h) There shall be one (1) member of the board of 3074
trustees who shall be elected by the members of the said board of 3075
trustees from among the residents of the Copiah-Lincoln Junior 3076
College District. Said member so chosen shall serve a five-year 3077
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term and have the same powers and duties as the other board 3078
members. 3079
(2) Except as provided in paragraph (g) of this subsection 3080
(1), persons who are currently serving as members of the Board of 3081
Trustees of the Copiah-Lincoln Junior College District shall 3082
complete their terms without interruption. 3083
SECTION 107. Section 37-29-459, Mississippi Code of 1972, is 3084
brought forward as follows: 3085
37-29-459. The President and the Board of Trustees of the 3086
Copiah-Lincoln Junior College District shall have the powers to do 3087
all things necessary for the successful operation of said district 3088
and the campuses located therein. 3089
The several colleges of the district shall be under the 3090
direction of the board of trustees and the president. The board 3091
of trustees shall, by resolution or order, provide for the 3092
government, maintenance and operation of each campus of the 3093
district. 3094
The President and the Board of Trustees of the Copiah-Lincoln 3095
Junior College District shall have the same powers as the 3096
presidents and trustees of other junior colleges in the State of 3097
Mississippi. 3098
The delineation and enumeration of the powers and purposes 3099
set out in Sections 37-29-451 through 37-29-471 shall be deemed to 3100
be supplemental and additional and shall not be construed to 3101
restrict the powers of the governing authorities of the district 3102
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or of any college or campus located therein so as to deny any of 3103
the rights, privileges and powers enjoyed by other junior colleges 3104
and junior college districts in the State of Mississippi. 3105
The said Copiah-Lincoln Junior College District shall remain 3106
subject to the jurisdiction and control of the Mississippi 3107
Community College Board as now established or as the same may be 3108
hereafter changed by law, and shall be subject to all rules and 3109
regulations and all statutory limitations which are now in effect 3110
or may hereafter be imposed, except as the same may be in direct 3111
conflict with the provisions of Sections 37-29-451 through 3112
37-29-471. 3113
SECTION 108. Section 37-29-461, Mississippi Code of 1972, is 3114
brought forward as follows: 3115
37-29-461. There shall be two (2) campuses in the Copiah 3116
Lincoln Junior College District: one (1) located in or near 3117
Natchez to be known as the Natchez Campus, and the other in or 3118
near Wesson to be known as the Copiah Lincoln Campus. 3119
SECTION 109. Section 37-29-463, Mississippi Code of 1972, is 3120
brought forward as follows: 3121
37-29-463. The board of trustees of the Copiah Lincoln 3122
Junior College District shall each year, on or before June 15, 3123
prepare a budget which shall contain a detailed estimate of the 3124
revenues and expenses anticipated for the ensuing year for general 3125
operation and maintenance, and shall set forth the reasonable 3126
requirements for anticipated needs for capital outlays for land, 3127
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buildings, initial equipment for new buildings and major repairs, 3128
a reasonable accumulation for such purposes being hereby expressly 3129
authorized. 3130
SECTION 110. Section 37-29-465, Mississippi Code of 1972, is 3131
brought forward as follows: 3132
37-29-465. The board of trustees of the Copiah Lincoln 3133
Junior College District shall have the authority to purchase 3134
property, make capital improvements, and lease or use private or 3135
public facilities at either the Copiah Lincoln or Natchez 3136
Campuses, in the discretion of the board. 3137
SECTION 111. Section 37-29-467, Mississippi Code of 1972, is 3138
brought forward as follows: 3139
37-29-467. The Copiah Lincoln Junior College District is 3140
charged with the responsibility for providing preprofessional 3141
courses, liberal arts, technical, vocational and adult education 3142
courses, and shall undertake to provide the same as conveniently 3143
as is possible to the residents of the district, and to this end 3144
the board of trustees is authorized and empowered to transport 3145
such students as, in its discretion, should be transported in the 3146
best interest of the district. 3147
SECTION 112. Section 37-29-469, Mississippi Code of 1972, is 3148
brought forward as follows: 3149
37-29-469. The board of trustees of the Copiah Lincoln 3150
Junior College District shall have the general borrowing and 3151
bonding authority provided in Sections 37-29-101 through 3152
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37-29-127. The said board of trustees shall have the taxation 3153
authority provided in Sections 37-29-141 through 37-29-145. 3154
SECTION 113. Section 37-29-471, Mississippi Code of 1972, is 3155
brought forward as follows: 3156
37-29-471. All of the property belonging to the board of 3157
trustees of Copiah Lincoln Junior College and all of the property 3158
belonging to any or all of the counties, prior to and as of the 3159
effective date hereof, cooperating in the Copiah Lincoln Junior 3160
College or the agricultural high school junior college located at 3161
Wesson, Mississippi or the campus in Adams County, Mississippi, 3162
and utilized or held for the present or future use and benefit of 3163
said junior college and/or agricultural high school junior 3164
college, shall be and the same is hereby transferred to and vested 3165
in the Copiah Lincoln Junior College District as created by 3166
Sections 37-29-451 through 37-29-471. 3167
SECTION 114. Section 37-29-501, Mississippi Code of 1972, is 3168
brought forward as follows: 3169
37-29-501. There is hereby created a junior college district 3170
comprised of the territory lying within the Meridian Municipal 3171
Separate School District and having boundaries coinciding with the 3172
external boundaries thereof. The name of the said junior college 3173
district shall be the Meridian Junior College District and the 3174
said district shall be and the same is hereby constituted a legal 3175
political governmental subdivision and a body corporate. 3176
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SECTION 115. Section 37-29-503, Mississippi Code of 1972, is 3177
brought forward as follows: 3178
37-29-503. All of the property owned by the Meridian 3179
Municipal Separate School District utilized by Meridian Junior 3180
College as of September 1, 1979, shall be and the same is hereby 3181
transferred to and vested in the board of trustees of the Meridian 3182
Junior College District and their successors in office. 3183
SECTION 116. Section 37-29-505, Mississippi Code of 1972, is 3184
brought forward as follows: 3185
37-29-505. The control and operation of the Meridian Junior 3186
College District shall be vested in a board of trustees appointed 3187
by the city council of the City of Meridian. The board of 3188
trustees of the Meridian Junior College District shall consist of 3189
five (5) members. When the initial appointments are made, the 3190
first appointee shall serve for a term of one (1) year, the second 3191
appointee for a term of two (2) years, the third appointee for a 3192
term of three (3) years, the fourth appointee for a term of four 3193
(4) years and the fifth appointee for a term of five (5) years; 3194
thereafter all appointments shall be for a term of five (5) years. 3195
Trustees of the Meridian Junior College District shall be 3196
appointed by a majority vote of the full membership of the city 3197
council of the City of Meridian at the first meeting of the 3198
council held in the month of February of each year, and the term 3199
of office of each trustee so appointed shall commence on the first 3200
Saturday of March following, except that the existing trustees of 3201
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the Meridian Municipal Separate School District as of April 30, 3202
1980, shall constitute the initial board of trustees of the 3203
Meridian Junior College District. As the terms of these 3204
individual trustees expire, trustees for the Meridian Junior 3205
College District shall be appointed as provided herein. All 3206
vacancies shall be filled for unexpired terms by appointment by 3207
majority vote of the full membership of the city council. 3208
SECTION 117. Section 37-29-507, Mississippi Code of 1972, is 3209
brought forward as follows: 3210
37-29-507. (1) The Board of Trustees of the Meridian Junior 3211
College District shall have the power to do all things necessary 3212
for the successful operation of the district; and, the duties of 3213
such board shall be the general government of the district and the 3214
direction of the administration thereof. 3215
(2) The Meridian Junior College District shall have all the 3216
powers of other junior colleges and junior college districts in 3217
the State of Mississippi; and, the delineation and enumeration of 3218
the powers and purposes set out in Sections 37-29-501 through 3219
37-29-515 shall not be construed to restrict the powers of the 3220
governing authorities of the district so as to deny to the 3221
district any of the rights, privileges and powers enjoyed by other 3222
junior colleges and junior college districts in the State of 3223
Mississippi. 3224
(3) The Meridian Junior College District shall remain 3225
subject to the jurisdiction and control of the Mississippi 3226
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Community College Board as now established or as the same may be 3227
hereafter changed by law and shall be subject to all rules and 3228
regulations and all statutory limitations which are now in effect 3229
or may hereafter be imposed, except as the same may be in direct 3230
conflict with the provisions of Sections 37-29-501 through 3231
37-29-515. 3232
SECTION 118. Section 37-29-509, Mississippi Code of 1972, is 3233
brought forward as follows: 3234
37-29-509. (1) The Meridian Junior College District shall 3235
be under the executive direction of a president elected by the 3236
board of trustees of such district. 3237
(2) The president of the community college shall be general 3238
manager of all fiscal and administrative affairs of the district 3239
with full authority to select, employ, direct and discharge any 3240
and all employees other than faculty. He shall have the power to 3241
recommend to the board of trustees all faculty to be employed, and 3242
he may remove or suspend any member of the faculty subject to the 3243
approval of the board of trustees. The president shall have the 3244
authority, subject to the approval of the board of trustees, to 3245
arrange and survey courses of study, fix schedules and establish 3246
and enforce rules and discipline for the governing of faculty and 3247
students. He shall be the general custodian of the property of 3248
the district. 3249
SECTION 119. Section 37-29-511, Mississippi Code of 1972, is 3250
brought forward as follows: 3251
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37-29-511. The board of trustees of the Meridian Junior 3252
College District shall on or before the twenty-fifth day of June 3253
each year prepare and file the annual budget of the district. The 3254
budget shall contain a detailed estimate of the revenues and 3255
expenses anticipated for the ensuing year for general operation 3256
and maintenance and shall set forth reasonable requirements for 3257
anticipated needs for capital outlays for land, buildings, 3258
equipment and major repairs, a reasonable accumulation for such 3259
purposes being hereby expressly authorized. Funds derived from 3260
the levy for capital outlay shall be kept in a separate account 3261
and expended for capital outlay purposes only. 3262
SECTION 120. Section 37-29-513, Mississippi Code of 1972, is 3263
brought forward as follows: 3264
37-29-513. After the annual budget has been prepared, the 3265
Board of Trustees of the Meridian Junior College District shall 3266
certify the same in writing to the City Council of the City of 3267
Meridian and shall certify to the number of mills of ad valorem 3268
taxation required to make provisions for the revenue required in 3269
said budget. It shall thereupon become the duty of the City of 3270
Meridian to levy taxes upon the Meridian Junior College District 3271
in the amount specified by the board of trustees. The tax levy 3272
for maintenance and operation of the Meridian Junior College 3273
District shall not exceed three (3) mills nor shall the levy for 3274
construction exceed an additional three (3) mills. 3275
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SECTION 121. Section 37-29-515, Mississippi Code of 1972, is 3276
brought forward as follows: 3277
37-29-515. On or before the thirtieth day of each month, the 3278
city council of the City of Meridian shall transmit warrants 3279
constituting all of the revenues received from taxation for the 3280
prior month for purposes of support of the Meridian Junior College 3281
District to the president of the Meridian Junior College. Such 3282
warrant or warrants shall bear indication of revenues received for 3283
general support and maintenance and revenues received for capital 3284
outlay purposes. All such warrants evidencing income from the 3285
authorized tax levies shall be deposited forthwith in one (1) or 3286
more banking institutions and public depositories previously 3287
selected by the board of trustees of the Meridian Junior College 3288
District and spread upon its official minutes. Such funds shall 3289
be paid out of the depository by order of the board of trustees 3290
for lawful purposes only. 3291
SECTION 122. Section 37-29-551, Mississippi Code of 1972, is 3292
brought forward as follows: 3293
37-29-551. There is hereby created the Coahoma Community 3294
College District comprised of the territory lying within Coahoma 3295
County, Tunica County, Quitman County, Bolivar County and 3296
Tallahatchie County, and having boundaries coinciding with the 3297
external boundaries thereof. The district shall be, and is hereby 3298
constituted, a legal political governmental subdivision and a body 3299
corporate. 3300
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SECTION 123. Section 37-29-553, Mississippi Code of 1972, is 3301
brought forward as follows: 3302
37-29-553. The Coahoma Community College District shall be 3303
under the executive direction of a president elected by the board 3304
of trustees of the district for a term not to exceed four (4) 3305
years. 3306
SECTION 124. Section 37-29-555, Mississippi Code of 1972, is 3307
brought forward as follows: 3308
37-29-555. The president of the community college shall have 3309
the power to recommend to the trustees all teachers to be 3310
employed; and he may remove or suspend any member of the faculty 3311
subject to the approval of the trustees. He shall be the general 3312
manager of all fiscal and administrative affairs of the district 3313
with full authority to select, direct, employ and discharge any 3314
and all employees other than teachers; however, the board may make 3315
provisions and establish policies for leave for faculty members 3316
and other key personnel. 3317
The president shall have the authority, subject to the 3318
provisions of Sections 37-29-551 through 37-29-569 and the 3319
approval of the trustees, to arrange and survey courses of study, 3320
fix schedules, and establish and enforce rules and discipline for 3321
the governing of teachers and students. He shall be the general 3322
custodian of the property of the district. 3323
SECTION 125. Section 37-29-557, Mississippi Code of 1972, is 3324
brought forward as follows: 3325
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37-29-557. The operation and control of the Coahoma 3326
Community College District shall be vested in a board of trustees 3327
representing the counties lying within the district. The board 3328
shall consist of fourteen (14) trustees selected in the manner 3329
provided in Section 37-29-65(4), Mississippi Code of 1972. 3330
SECTION 126. Section 37-29-559, Mississippi Code of 1972, is 3331
brought forward as follows: 3332
37-29-559. The President and the Board of Trustees of the 3333
Coahoma Community College District shall have the powers to do all 3334
things necessary for the successful operation of the district and 3335
the campuses located therein. 3336
The college of the district shall be under the direction of 3337
the board of trustees and the president. The board of trustees 3338
shall, by resolution or order, provide for the government, 3339
maintenance and operation of the campus of the district. 3340
The President and the Board of Trustees of the Coahoma 3341
Community College District shall have the same powers as the 3342
presidents and trustees of other community colleges in the State 3343
of Mississippi. 3344
The delineation and enumeration of the powers and purposes 3345
set out in Sections 37-29-551 through 37-29-569 shall be deemed to 3346
be supplemental and additional and shall not be construed to 3347
restrict the powers of the governing authorities of the district 3348
or of any college or campus located therein so as to deny any of 3349
the rights, privileges and powers enjoyed by other 3350
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community/junior colleges and community/junior college districts 3351
in the State of Mississippi. 3352
The Coahoma Community College District shall remain subject 3353
to the jurisdiction of the Mississippi Community College Board as 3354
now established or as the same may be hereafter changed by law, 3355
and shall be subject to all rules and regulations and all 3356
statutory limitations which are now in effect or may hereafter be 3357
imposed, except as the same may be in direct conflict with the 3358
provisions of Sections 37-29-551 through 37-29-569. 3359
SECTION 127. Section 37-29-561, Mississippi Code of 1972, is 3360
brought forward as follows: 3361
37-29-561. The Board of Trustees of the Coahoma Community 3362
College District shall each year, on or before June 15, prepare a 3363
budget which shall contain a detailed estimate of the revenues and 3364
expenses anticipated for the ensuing year for general operation 3365
and maintenance, and shall set forth the reasonable requirements 3366
for anticipated needs for capital outlays for land, buildings, 3367
initial equipment for new buildings and major repairs, a 3368
reasonable accumulation for such purposes being hereby expressly 3369
authorized. 3370
SECTION 128. Section 37-29-563, Mississippi Code of 1972, is 3371
brought forward as follows: 3372
37-29-563. The Board of Trustees of the Coahoma Community 3373
College District shall have the authority to purchase property, 3374
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make capital improvements, and lease or use private or public 3375
facilities at the campus, in the discretion of the board. 3376
SECTION 129. Section 37-29-565, Mississippi Code of 1972, is 3377
brought forward as follows: 3378
37-29-565. The Coahoma Community College District is charged 3379
with the responsibility for providing preprofessional courses, 3380
liberal arts, technical, vocational and adult education courses, 3381
and shall undertake to provide the same as conveniently as is 3382
possible to the residents of the district, and to this end the 3383
board of trustees is authorized and empowered to transport such 3384
students as, in its discretion, should be transported in the best 3385
interest of the district. 3386
SECTION 130. Section 37-29-567, Mississippi Code of 1972, is 3387
brought forward as follows: 3388
37-29-567. The Board of Trustees of the Coahoma Community 3389
College District shall have the general borrowing and bonding 3390
authority provided in Sections 37-29-101 through 37-29-127. The 3391
board of trustees shall have the taxation authority provided in 3392
Sections 37-29-141 through 37-29-145. 3393
SECTION 131. Section 37-29-569, Mississippi Code of 1972, is 3394
brought forward as follows: 3395
37-29-569. All of the property located in Coahoma County and 3396
belonging to the Board of Trustees of Mississippi Delta Community 3397
College prior to and as of the effective date hereof, cooperating 3398
in the Coahoma County Community College, and utilized or held for 3399
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the present or future use and benefit of such community college, 3400
shall be and the same is hereby transferred to and vested in the 3401
Coahoma County Community College District as created by Sections 3402
37-29-551 through 37-29-569. 3403
SECTION 132. Section 37-29-571, Mississippi Code of 1972, is 3404
brought forward as follows: 3405
37-29-571. All counties located within the Coahoma Community 3406
College District shall allocate fifty percent (50%) of any millage 3407
levied for the support and maintenance of community colleges by 3408
such county under Section 37-29-141, Mississippi Code of 1972, to 3409
the Coahoma Community College District and the remaining fifty 3410
percent (50%) of such millage to the other community college 3411
district in which such county is located. Provided, however, that 3412
Coahoma County shall allocate one hundred percent (100%) of the 3413
millage levied for the support and maintenance of community 3414
colleges to the Coahoma Community College District. Provided 3415
further, however, for the fiscal year beginning July 1, 1995, 3416
Tunica County's allocation of any millage shall be prorated with 3417
thirty-five percent (35%) being allocated to the Coahoma Community 3418
College District and the remaining sixty-five percent (65%) being 3419
allocated to the Northwest Community College District. From and 3420
after July 1, 1996, the Tunica County millage shall be divided 3421
equally between the Coahoma Community College District and the 3422
Northwest Community College District. 3423
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SECTION 133. Section 37-29-601, Mississippi Code of 1972, is 3424
brought forward as follows: 3425
37-29-601. Whenever the Mississippi Community College Board 3426
shall, by a proper resolution, declare the necessity of the 3427
formation of nonprofit corporations for the purpose of acquiring 3428
or constructing facilities for community and junior colleges under 3429
its jurisdiction, any number of natural persons, not less than 3430
three (3), who are residents of the State of Mississippi may file 3431
with the Secretary of State an application in writing for 3432
authority to incorporate a public nonprofit corporation, known as 3433
an "educational building corporation." If it shall be made to 3434
appear that each of the persons is a duly qualified resident of 3435
this state, then the persons filing such application shall be 3436
authorized, subject to the prior approval by the board of the form 3437
of the articles of incorporation and bylaws thereof, to proceed to 3438
form the corporation as provided by the general law of this state 3439
with respect to corporations organized not-for-profit except as 3440
provided in Sections 37-29-601 through 37-29-613. The Secretary 3441
of State, upon receipt of the application, shall forthwith issue a 3442
certificate of incorporation. 3443
SECTION 134. Section 37-29-603, Mississippi Code of 1972, is 3444
brought forward as follows: 3445
37-29-603. Each corporation formed under the provisions of 3446
Section 37-29-601 shall have the following powers, together with 3447
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all powers incidental thereto or necessary to the discharge 3448
thereof in corporate form: 3449
(a) To have succession by its corporate name for the 3450
duration of time, which may be in perpetuity, specified in its 3451
certificate of incorporation; 3452
(b) To sue and be sued and to defend suits against it; 3453
(c) To make use of a corporate seal and to alter it at 3454
pleasure; 3455
(d) To acquire, whether by purchase, construction or 3456
gift, facilities for one or more community or junior college and 3457
land therefor; 3458
(e) To equip, maintain, enlarge or improve such 3459
facilities; 3460
(f) To lease under such terms and conditions as its 3461
board of directors may deem advisable and as shall not conflict 3462
with the provisions of Sections 37-29-601 through 37-29-613 to the 3463
Mississippi Community College Board or to such other entity as may 3464
be approved by the board subject to prior approval by the board of 3465
each issue of bonds; 3466
(g) To issue its bonds for the purpose of defraying the 3467
cost of acquiring, constructing, maintaining, enlarging, improving 3468
or equipping any of such facilities or land in the manner provided 3469
in Section 37-29-601; 3470
(h) To secure the payment of such bonds through the 3471
pledge of and lien on such revenues or other sources of income, 3472
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including lease payments, entering into trust agreements, and the 3473
making of such covenants as are provided in Section 37-101-101; 3474
(i) To refund bonds previously issued; 3475
(j) To enter into contracts and agreements or do any 3476
act necessary for or incidental to the performance of its duties 3477
and the execution of its powers under Sections 37-29-601 through 3478
37-29-613; 3479
(k) To accept gifts from any source whatsoever; 3480
(l) To appoint and employ such officers and agents, 3481
including attorneys, as its business may require; and 3482
(m) To provide for such insurance as its board of 3483
directors may deem advisable. 3484
SECTION 135. Section 37-29-605, Mississippi Code of 1972, is 3485
brought forward as follows: 3486
37-29-605. All bonds issued by an educational building 3487
corporation may be executed and delivered at any time and from 3488
time to time, may be in such form and denominations, may be of 3489
such tenor, may be payable in such installments and at such time 3490
or times not exceeding thirty (30) years from their date, may be 3491
payable at such place or places, may bear interest at such rate or 3492
rates payable at such place or places and evidenced in such 3493
manner, and may contain such provisions not inconsistent with 3494
Sections 37-29-601 through 37-29-613, all as may be provided by 3495
resolution of its board of directors. The bonds issued by any 3496
such corporation shall be signed by the chairman of its board of 3497
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directors or other chief executive officer and attested by its 3498
secretary, and the seal of such corporation shall be affixed 3499
thereto. Any such bonds may be sold at public or private sale in 3500
such manner and from time to time as may be determined by the 3501
board of directors to be most advantageous, and the corporation 3502
may pay all expenses, premiums and commissions which its board of 3503
directors may deem necessary or advantageous in connection with 3504
the authorization, sale and issuance of the bonds. All such bonds 3505
shall be construed to be negotiable instruments, despite the fact 3506
that they are payable solely from a specified source. 3507
SECTION 136. Section 37-29-607, Mississippi Code of 1972, is 3508
brought forward as follows: 3509
37-29-607. (1) All bonds issued by an educational building 3510
corporation shall be solely and exclusively obligations of the 3511
corporation and shall not create an obligation or debt of the 3512
State of Mississippi. The state shall not pledge its full faith 3513
or credit for the payment of any debt incurred or bonds issued by 3514
such corporation. 3515
(2) All such bonds shall not constitute a debt of the 3516
community or junior college for which the facilities are to be 3517
constructed. 3518
SECTION 137. Section 37-29-609, Mississippi Code of 1972, is 3519
brought forward as follows: 3520
37-29-609. All bonds issued by an educational building 3521
corporation shall be lawful investments for trusts, insurance 3522
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companies, savings companies, banks and other financial 3523
institutions organized under the laws of this state. 3524
SECTION 138. Section 37-29-611, Mississippi Code of 1972, is 3525
brought forward as follows: 3526
37-29-611. (1) The Mississippi Community College Board is 3527
hereby authorized and empowered, in its discretion, to pass proper 3528
resolutions declaring the necessity of the formation of nonprofit 3529
educational building corporations, as set forth in Section 3530
37-29-601. 3531
(2) When the principal of and the interest on any bonds of 3532
an educational building corporation payable from the revenues 3533
derived from the operation of facilities owned by the corporation 3534
shall have been paid in full, then such facilities shall become 3535
the property of the community or junior college on whose campus 3536
they are located and title to the facilities shall thereupon 3537
immediately vest in the community or junior college on whose 3538
campus they are located. 3539
SECTION 139. Section 37-29-613, Mississippi Code of 1972, is 3540
brought forward as follows: 3541
37-29-613. The educational building corporations authorized 3542
under Sections 37-29-601 through 37-29-613, in connection with the 3543
issuance of the bonds in order to secure the payment of such bonds 3544
and interest thereon, shall have power by resolutions: 3545
(a) To fix and maintain fees, rentals and other charges 3546
to be paid by students, faculty members and others using or being 3547
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served by facilities for which bonds are issued under Sections 3548
37-29-601 through 37-29-613; however, in fixing such fees, rentals 3549
and other charges, there may be allowed reasonable differentials 3550
based on the condition, type, location and relative convenience of 3551
the facilities in question, but the differentials shall be uniform 3552
as to all such students or faculty members and others similarly 3553
accommodated; 3554
(b) To provide that bonds issued shall be secured by a 3555
first, exclusive and closed lien on, and shall be payable from, 3556
all or any part of the income and revenues derived from fees, 3557
rentals and other charges to be paid by students, faculty members 3558
or others using or being served by any facilities operated at the 3559
community or junior college, and erected, repaired, remodeled, 3560
maintained, added to, extended, improved or acquired under 3561
Sections 37-29-601 through 37-29-613, or any other law, or 3562
otherwise, and not theretofore so pledged; 3563
(c) To pledge and assign to, or in trust for the 3564
benefit of the holder or holders of any bond or bonds, coupon or 3565
coupons so issued, an amount of the income and revenues derived 3566
from fees, rentals and other charges to be paid by students, 3567
faculty members, or others using or being served by any facilities 3568
operated at any community or junior college, and erected, 3569
repaired, remodeled, maintained, added to, extended, improved or 3570
acquired under Sections 37-29-601 through 37-29-613, or any other 3571
law, or otherwise, and not theretofore so pledged, and the 3572
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rentals, fees and charges imposed and pledged pursuant to the 3573
terms of this section shall be sufficient to pay when due the 3574
bonds so issued and interest thereon, to create and maintain a 3575
reasonable reserve therefor, and to operate and maintain the 3576
project so constructed, and to create and at all times maintain an 3577
adequate reserve for contingencies and for major repairs and 3578
replacements; 3579
(d) To covenant with or for the benefit of the holder 3580
or holders of any bond or bonds, coupon or coupons so issued to 3581
erect, repair, remodel, maintain, add to, extend, improve or 3582
acquire any facilities, that so long as any of the bonds shall 3583
remain outstanding and unpaid, the institution shall fix, maintain 3584
and collect, in installments as may be agreed upon, an amount of 3585
fees, rentals or other charges from students, faculty members and 3586
others using or being served by any facilities operated at any 3587
community or junior college and erected, repaired, remodeled, 3588
maintained, added to, extended, improved or acquired under 3589
Sections 37-29-601 through 37-29-613, or any other law, or 3590
otherwise, which shall be sufficient to pay when due any bond or 3591
bonds, coupons or coupons so issued, and to create and maintain a 3592
reasonable reserve therefor, and to pay the cost of operation and 3593
maintenance of the facilities against loss or damage by fire and 3594
windstorm or other calamities, in such sum as may be acceptable to 3595
the purchaser or purchasers of the bonds. The rentals, fees and 3596
other charges shall at all times be sufficient to maintain an 3597
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adequate bond sinking fund to provide for the payment of interest 3598
on and principal of the bonds as and when they accrue and mature, 3599
to create a reasonable reserve therein and to pay the cost of 3600
operation and maintenance and insurance as herein provided and to 3601
create and at all times maintain an adequate reserve for 3602
contingencies and for major repairs and replacements; 3603
(e) To make and enforce and agree to make and enforce 3604
parietal rules that shall ensure the use of the facility by all 3605
students in attendance at the community or junior college, and 3606
faculty members of the community or junior college, to the maximum 3607
extent the facilities are capable of serving students and faculty, 3608
so long as it does not interfere with any existing contract; 3609
(f) To covenant that as long as any of the bonds so 3610
issued shall remain outstanding and unpaid, it will not, except 3611
upon such terms and conditions as may be determined by the 3612
resolution issuing such bonds: 3613
(i) Voluntarily create, or cause to be created, 3614
any debt, lien, pledge, assignment, encumbrance or other charge 3615
having priority to or being on a parity with the lien of the bonds 3616
so issued upon any of the income and revenues derived from fees, 3617
rentals and other charges to be paid by students, faculty members 3618
and others using or being served by the facilities operated at any 3619
such institution and erected, repaired, remodeled, maintained, 3620
added to, extended, improved or acquired under Sections 37-29-601 3621
through 37-29-613, or any other law, or otherwise; 3622
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(ii) Convey or otherwise alienate the facilities, 3623
or the real estate upon which the same shall be located, except at 3624
a price sufficient to pay all the bonds then outstanding payable 3625
from the revenues derived therefrom and interest accrued on such 3626
bonds, and then only in accordance with any agreements with the 3627
holder or holders of such bonds; or 3628
(iii) Mortgage or otherwise voluntarily create, or 3629
cause to be created, any encumbrance on the facility, or the real 3630
estate upon which it shall be located; 3631
(g) To covenant as to the proceedings by which the 3632
terms of any contract with a holder or holders of such bonds may 3633
be amended or rescinded, the amount or percentage of bonds the 3634
holder or holders of which must consent thereto and the manner in 3635
which consent may be given; 3636
(h) To vest in a trustee or trustees the right to 3637
receive all or any part of the income and revenue and proceeds of 3638
insurance pledged and assigned to, or for the benefit of, the 3639
holder or holders of such bonds, and to hold, apply and dispose of 3640
the income and revenue and proceeds of insurance and the right to 3641
enforce any covenant made to secure or pay or in relation to the 3642
bonds; 3643
(i) To execute and deliver, in the name of the 3644
community or junior college for which such bonds are being issued, 3645
a trust agreement or agreements which may set forth the powers and 3646
duties of such trustee or trustees, and limiting the liabilities 3647
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ST: Mississippi Community College Board; revise
composition of and authority to oversee
community and junior colleges.
of the trustee or trustees, and describing what occurrences shall 3648
constitute events of default and prescribing the terms and 3649
conditions upon which such trustee or trustees or the holder or 3650
holders of bonds of any specified amount or percentage of such 3651
bonds may exercise such right and enforce any and all such 3652
covenants and resort to any remedies as may be appropriate; and 3653
(j) To vest in a trustee or trustees or the holder or 3654
holders of any specified amount or percentage of bonds the right 3655
to apply to any court of competent jurisdiction for and have 3656
granted the appointment of a receiver or receivers of the income 3657
and revenue pledged and assigned to or for the benefit of the 3658
holder or holders of such bonds, which receiver or receivers may 3659
have and be granted powers and duties as are usually granted under 3660
the laws of the State of Mississippi to a receiver or receivers 3661
appointed in connection with the foreclosure of a mortgage made by 3662
a private corporation. 3663
SECTION 140. This act shall take effect and be in force from 3664
and after July 1, 2026. 3665