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H. B. No. 323 *HR31/R113* ~ OFFICIAL ~ G1/2
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To: Universities and
Colleges
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Massengill
HOUSE BILL NO. 323
AN ACT TO AMEND SECTIONS 37-4-3 AND 37-101-15, MISSISSIPPI 1
CODE OF 1972, TO REQUIRE THE MISSISSIPPI COMMUNITY COLLEGE BOARD 2
AND THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 3
TO DEVELOP A SYSTEM OF CLASS REGISTRATION THAT WILL GIVE STUDENTS 4
WHO ARE PERMANENT RESIDENTS OF THE STATE THE FIRST OPTION OF 5
REGISTERING; TO PROVIDE THAT AFTER ALL MISSISSIPPI RESIDENTS HAVE 6
BEEN AFFORDED THE OPPORTUNITY TO REGISTER, REGISTRATION SHALL THEN 7
BE MADE AVAILABLE FOR NONRESIDENT STUDENTS; AND FOR RELATED 8
PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 37-4-3, Mississippi Code of 1972, is 11
amended as follows: 12
37-4-3. (1) From and after July 1, 1986, there shall be a 13
Mississippi Community College Board which shall receive and 14
distribute funds appropriated by the Legislature for the use of 15
the public community and junior colleges and funds from federal 16
and other sources that are transmitted through the state 17
governmental organization for use by said colleges. This board 18
shall provide general coordination of the public community and 19
junior colleges, assemble reports and such other duties as may be 20
prescribed by law. 21
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(2) The board shall consist of ten (10) members of which 22
none shall be an elected official. Until January 1, 2028, the 23
Governor shall appoint two (2) members from the First Mississippi 24
Congressional District, one (1) who shall serve an initial term of 25
two (2) years and one (1) who shall serve an initial term of five 26
(5) years; two (2) members from the Second Mississippi 27
Congressional District, one (1) who shall serve an initial term of 28
five (5) years and one (1) who shall serve an initial term of 29
three (3) years; and two (2) members from the Third Mississippi 30
Congressional District, one (1) who shall serve an initial term of 31
four (4) years and one (1) who shall serve an initial term of two 32
(2) years; two (2) members from the Fourth Mississippi 33
Congressional District, one (1) who shall serve an initial term of 34
three (3) years and one (1) who shall serve an initial term of 35
four (4) years; and two (2) members from the Fifth Mississippi 36
Congressional District, one (1) who shall serve an initial term of 37
five (5) years and one (1) who shall serve an initial term of two 38
(2) years. All subsequent appointments shall be for a term of six 39
(6) years and continue until their successors are appointed and 40
qualify. An appointment to fill a vacancy which arises for 41
reasons other than by expiration of a term of office shall be for 42
the unexpired term only. All members shall be appointed with the 43
advice and consent of the Senate. 44
The Mississippi Community College Board, created by former 45
Section 37-4-3, is continued and reconstituted as follows: 46
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Effective January 1, 2028, the Governor shall appoint three (3) 47
members from each Mississippi Supreme Court District and one (1) 48
from the state at large. The members shall be appointed by the 49
Governor, with the advice and consent of the Senate, for a term of 50
office of four (4) years, provided that six (6) members shall be 51
appointed in 2028 to a term ending December 31, 2031, and four (4) 52
members shall be appointed in 2030 to a term ending December 31, 53
2033. Appointments made at the beginning of the four-year cycle 54
shall be made to fill any member's term which actually expires 55
that year and any member's term which expires next until the 56
majority of the membership of the board or commission is reached. 57
Appointments made at the beginning of the third year of the 58
four-year cycle shall be made for the remainder of the membership 59
positions irrespective of the time of their prior appointment. 60
Any question regarding the order of appointments shall be 61
determined by the Secretary of State in accordance with the 62
specific statute. All appointment procedures, vacancy provisions, 63
interim appointment provisions and removal provisions specifically 64
provided for in Section 7-1-35, Mississippi Code of 1972, shall be 65
fully applicable to appointments to the Mississippi Community 66
College Board, and to the position of executive director. 67
(3) There shall be a chairman and vice chairman of the 68
board, elected by and from the membership of the board; and the 69
chairman shall be the presiding officer of the board. The board 70
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shall adopt rules and regulations governing times and places for 71
meetings and governing the manner of conducting its business. 72
(4) The members of the board shall receive no annual salary, 73
but shall receive per diem compensation as authorized by Section 74
25-3-69, Mississippi Code of 1972, for each day devoted to the 75
discharge of official board duties and shall be entitled to 76
reimbursement for all actual and necessary expenses incurred in 77
the discharge of their duties, including mileage as authorized by 78
Section 25-3-41, Mississippi Code of 1972. 79
(5) Effective July 1, 2028, the board shall name a director 80
for the state system of public junior and community colleges, who 81
shall serve at the will and pleasure of the board, with the advice 82
and consent of the Senate, not less than every four (4) years. 83
Such director shall be the chief executive officer of the board, 84
give direction to the board staff, carry out the policies set 85
forth by the board, and work with the presidents of the several 86
community and junior colleges to assist them in carrying out the 87
mandates of the several boards of trustees and in functioning 88
within the state system and policies established by the 89
Mississippi Community College Board. The Mississippi Community 90
College Board shall set the salary of the director of the board. 91
The Legislature shall provide adequate funds for the Mississippi 92
Community College Board, its activities and its staff. 93
(6) The powers and duties of the Mississippi Community 94
College Board shall be: 95
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(a) To authorize disbursements of state-appropriated 96
funds to community and junior colleges through orders in the 97
minutes of the board. 98
(b) To make studies of the needs of the state as they 99
relate to the mission of the community and junior colleges. 100
(c) To approve new, changes to and deletions of 101
vocational and technical programs to the various colleges. 102
(d) To require community and junior colleges to supply 103
such information as the board may request and compile, publish and 104
make available such reports based thereon as the board may deem 105
advisable. 106
(e) To approve proposed new attendance centers (campus 107
locations) as the local boards of trustees should determine to be 108
in the best interest of the district. Provided, however, that no 109
new community/junior college branch campus shall be approved 110
without an authorizing act of the Legislature. 111
(f) To serve as the state approving agency for federal 112
funds for proposed contracts to borrow money for the purpose of 113
acquiring land, erecting, repairing, etc., dormitories, dwellings 114
or apartments for students and/or faculty, such loans to be paid 115
from revenue produced by such facilities as requested by local 116
boards of trustees. 117
(g) To approve applications from community and junior 118
colleges for state funds for vocational-technical education 119
facilities. 120
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(h) To approve any university branch campus offering 121
lower undergraduate level courses for credit. 122
(i) To appoint members to the Post-Secondary 123
Educational Assistance Board. 124
(j) To appoint members to the Authority for Educational 125
Television. 126
(k) To contract with other boards, commissions, 127
governmental entities, foundations, corporations or individuals 128
for programs, services, grants and awards when such are needed for 129
the operation and development of the state public community and 130
junior college system. 131
(l) To fix standards for community and junior colleges 132
to qualify for appropriations, and qualifications for community 133
and junior college teachers. 134
(m) To have sign-off approval on the State Plan for 135
Vocational Education which is developed in cooperation with 136
appropriate units of the State Department of Education. 137
(n) To approve or disapprove of any proposed inclusion 138
within municipal corporate limits of state-owned buildings and 139
grounds of any community college or junior college and to approve 140
or disapprove of land use development, zoning requirements, 141
building codes and delivery of governmental services applicable to 142
state-owned buildings and grounds of any community college or 143
junior college. Any agreement by a local board of trustees of a 144
community college or junior college to annexation of state-owned 145
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property or other conditions described in this paragraph shall be 146
void unless approved by the board and by the board of supervisors 147
of the county in which the state-owned property is located. 148
(o) To require community and junior colleges to develop 149
a system of class registration that will give students who are 150
permanent residents of the state the first option of registering, 151
whether online or in person, for academic courses the resident 152
students anticipate taking for the term or semester of enrollment 153
immediately following the term or semester in which the resident 154
students are presently enrolled. After all Mississippi residents, 155
whether presently enrolled in a postsecondary institution or a 156
recent graduate of a public or private secondary school or 157
homeschool program in the state, have been afforded the 158
opportunity to register, registration shall then be made available 159
for nonresident students. 160
SECTION 2. Section 37-101-15, Mississippi Code of 1972, is 161
amended as follows: 162
37-101-15. (a) The Board of Trustees of State Institutions 163
of Higher Learning shall succeed to and continue to exercise 164
control of all records, books, papers, equipment, and supplies, 165
and all lands, buildings, and other real and personal property 166
belonging to or assigned to the use and benefit of the board of 167
trustees formerly supervising and controlling the institutions of 168
higher learning named in Section 37-101-1. The board shall have 169
and exercise control of the use, distribution and disbursement of 170
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all funds, appropriations and taxes, now and hereafter in 171
possession, levied and collected, received, or appropriated for 172
the use, benefit, support, and maintenance or capital outlay 173
expenditures of the institutions of higher learning, including the 174
authorization of employees to sign vouchers for the disbursement 175
of funds for the various institutions, except where otherwise 176
specifically provided by law. 177
(b) The board shall have general supervision of the affairs 178
of all the institutions of higher learning, including the 179
departments and the schools thereof. The board shall have the 180
power in its discretion to determine who shall be privileged to 181
enter, to remain in, or to graduate therefrom. The board shall 182
have general supervision of the conduct of libraries and 183
laboratories, the care of dormitories, buildings, and grounds; the 184
business methods and arrangement of accounts and records; the 185
organization of the administrative plan of each institution; and 186
all other matters incident to the proper functioning of the 187
institutions. The board shall have the authority to establish 188
minimum standards of achievement as a prerequisite for entrance 189
into any of the institutions under its jurisdiction, which 190
standards need not be uniform between the various institutions and 191
which may be based upon such criteria as the board may establish. 192
(c) The board shall exercise all the powers and prerogatives 193
conferred upon it under the laws establishing and providing for 194
the operation of the several institutions herein specified. The 195
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board shall adopt such bylaws and regulations from time to time as 196
it deems expedient for the proper supervision and control of the 197
several institutions of higher learning, insofar as such bylaws 198
and regulations are not repugnant to the Constitution and laws, 199
and not inconsistent with the object for which these institutions 200
were established. The board shall have power and authority to 201
prescribe rules and regulations for policing the campuses and all 202
buildings of the respective institutions, to authorize the arrest 203
of all persons violating on any campus any criminal law of the 204
state, and to have such law violators turned over to the civil 205
authorities. 206
(d) For all institutions specified herein, the board shall 207
provide a uniform system of recording and of accounting approved 208
by the State Department of Audit. The board shall annually 209
prepare, or cause to be prepared, a budget for each institution of 210
higher learning for the succeeding year which must be prepared and 211
in readiness for at least thirty (30) days before the convening of 212
the regular session of the Legislature. All relationships and 213
negotiations between the State Legislature and its various 214
committees and the institutions named herein shall be carried on 215
through the board of trustees. No official, employee or agent 216
representing any of the separate institutions shall appear before 217
the Legislature or any committee thereof except upon the written 218
order of the board or upon the request of the Legislature or a 219
committee thereof. 220
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(e) For all institutions specified herein, the board shall 221
prepare an annual report to the Legislature setting forth the 222
disbursements of all monies appropriated to the respective 223
institutions. Each report to the Legislature shall show how the 224
money appropriated to the several institutions has been expended, 225
beginning and ending with the fiscal years of the institutions, 226
showing the name of each teacher, officer, and employee, and the 227
salary paid each, and an itemized statement of each and every item 228
of receipts and expenditures. Each report must be balanced, and 229
must begin with the former balance. If any property belonging to 230
the state or the institution is used for profit, the reports shall 231
show the expense incurred in managing the property and the amount 232
received therefrom. The reports shall also show a summary of the 233
gross receipts and gross disbursements for each year and shall 234
show the money on hand at the beginning of the fiscal period of 235
the institution next preceding each session of the Legislature and 236
the necessary amount of expense to be incurred from said date to 237
January 1 following. The board shall keep the annual expenditures 238
of each institution herein mentioned within the income derived 239
from legislative appropriations and other sources, but in case of 240
emergency arising from acts of providence, epidemics, fire or 241
storm with the written approval of the Governor and by written 242
consent of a majority of the senators and of the representatives 243
it may exceed the income. The board shall require a surety bond 244
in a surety company authorized to do business in this state of 245
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every employee who is the custodian of funds belonging to one or 246
more of the institutions mentioned herein, which bond shall be in 247
a sum to be fixed by the board in an amount that will properly 248
safeguard the said funds, the premium for which shall be paid out 249
of the funds appropriated for said institutions. 250
(f) The board shall have the power and authority to elect 251
the heads of the various institutions of higher learning and to 252
contract with all deans, professors, and other members of the 253
teaching staff, and all administrative employees of said 254
institutions for a term not exceeding four (4) years. The board 255
shall have the power and authority to terminate any such contract 256
at any time for malfeasance, inefficiency, or contumacious 257
conduct, but never for political reasons. It shall be the policy 258
of the board to permit the executive head of each institution to 259
nominate for election by the board all subordinate employees of 260
the institution over which he presides. It shall be the policy of 261
the board to elect all officials for a definite tenure of service 262
and to reelect during the period of satisfactory service. The 263
board shall have the power to make any adjustments it thinks 264
necessary between the various departments and schools of any 265
institution or between the different institutions. 266
(g) The board shall keep complete minutes and records of all 267
proceedings which shall be open for inspection by any citizen of 268
the state. 269
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(h) The board shall have the power to enter into an energy 270
performance contract, energy services contract, on a 271
shared-savings, lease or lease-purchase basis, for energy 272
efficiency services and/or equipment as prescribed in Section 273
31-7-14. 274
(i) The Board of Trustees of State Institutions of Higher 275
Learning, for and on behalf of Jackson State University, is hereby 276
authorized to convey by donation or otherwise easements across 277
portions of certain real estate located in the City of Jackson, 278
Hinds County, Mississippi, for right-of-way required for the Metro 279
Parkway Project. 280
(j) In connection with any international contract between 281
the board or one (1) of the state's institutions of higher 282
learning and any party outside of the United States, the board or 283
institution that is the party to the international contract is 284
hereby authorized and empowered to include in the contract a 285
provision for the resolution by arbitration of any controversy 286
between the parties to the contract relating to such contract or 287
the failure or refusal to perform any part of the contract. Such 288
provision shall be valid, enforceable and irrevocable without 289
regard to the justiciable character of the controversy. Provided, 290
however, that in the event either party to such contract initiates 291
litigation against the other with respect to the contract, the 292
arbitration provision shall be deemed waived unless asserted as a 293
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defense on or before the responding party is required to answer 294
such litigation. 295
(k) The Board of Trustees of State Institutions of Higher 296
Learning ("board"), on behalf of any institution under its 297
jurisdiction, shall purchase and maintain business property 298
insurance and business personal property insurance on all 299
university-owned buildings and/or contents as required by federal 300
law and regulations of the Federal Emergency Management Agency 301
(FEMA) as is necessary for receiving public assistance or 302
reimbursement for repair, reconstruction, replacement or other 303
damage to those buildings and/or contents caused by the Hurricane 304
Katrina Disaster of 2005 or subsequent disasters. The board is 305
authorized to expend funds from any available source for the 306
purpose of obtaining and maintaining that property insurance. The 307
board is authorized to enter into agreements with the Department 308
of Finance and Administration, local school districts, 309
community/junior college districts, community hospitals and/or 310
other state agencies to pool their liabilities to participate in a 311
group business property and/or business personal property 312
insurance program, subject to uniform rules and regulations as may 313
be adopted by the Department of Finance and Administration. 314
(l) The Board of Trustees of State Institutions of Higher 315
Learning, or its designee, may approve the payment or 316
reimbursement of reasonable travel expenses incurred by candidates 317
for open positions at the board's executive office or at any of 318
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the state institutions of higher learning, when the job candidate 319
has incurred expenses in traveling to a job interview at the 320
request of the board, the Commissioner of Higher Education or a 321
state institution of higher learning administrator. 322
(m) (i) The Board of Trustees of State Institutions of 323
Higher Learning is authorized to administer and approve contracts 324
for the construction and maintenance of buildings and other 325
facilities of the state institutions of higher learning, including 326
related contracts for architectural and engineering services, 327
which are paid for with self-generated funds. 328
(ii) Additionally, the board is authorized to oversee, 329
administer and approve contracts for the construction and 330
maintenance of buildings and other facilities of the state 331
institutions of higher learning, including related contracts for 332
architectural and engineering services, which are funded in whole 333
or in part by general obligation bonds of the State of Mississippi 334
at institutions designated annually by the board as being capable 335
to procure and administer all such contracts. Prior to the 336
disbursement of funds, an agreement for each project between the 337
institution and the Department of Finance and Administration shall 338
be executed. The approval and execution of the agreement shall 339
not be withheld by either party unless the withholding party 340
provides a written, detailed explanation of the basis for 341
withholding to the other party. The agreement shall stipulate the 342
responsibilities of each party, applicable procurement 343
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regulations, documentation and reporting requirements, conditions 344
prior to, and schedule of, disbursement of general obligation bond 345
funds to the institution and provisions concerning handling any 346
remaining general obligation bonds at the completion of the 347
project. Such agreement shall not include provisions that 348
constitute additional qualifications or criteria that act to 349
invalidate the designation of an institution as capable of 350
procuring and administering such project. Inclusion of any such 351
provisions may be appealed to the Public Procurement Review Board. 352
(n) The Board of Trustees of State Institutions of Higher 353
Learning ("board") shall require all on-campus faculty and staff 354
employed by, and all students attending, any of the state 355
institutions of higher learning identified in Section 37-101-1 to 356
be issued an identification badge in physical or electronic 357
format. Any identification card issued or renewed pursuant to 358
this section, whether physical or in an electronic format, shall 359
include the words "Crisis Lifeline - Dial or Text 988, or chat 360
988lifeline.org" or like language for formatting purposes. 361
(o) For all institutions specified herein, the board shall 362
develop a system of class registration that will give students who 363
are permanent residents of the state the first option of 364
registering, whether online or in person, for academic courses the 365
resident students anticipate taking for the term or semester of 366
enrollment immediately following the term or semester in which the 367
resident students are presently enrolled. After all Mississippi 368
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ST: Universities and colleges; require to allow
MS residents to register for classes before
nonresident students.
residents, whether presently enrolled in a postsecondary 369
institution or a recent graduate of a public or private secondary 370
school or homeschool program in the state, have been afforded the 371
opportunity to register, registration shall then be made available 372
for nonresident students. 373
SECTION 3. This act shall take effect and be in force from 374
and after July 1, 2026. 375