Bill Text: MS SB2058 | 2013 | Regular Session | Introduced
Bill Title: Funding formula for public universities and community colleges; provide phased-in performance-based formula.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [SB2058 Detail]
Download: Mississippi-2013-SB2058-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Universities and Colleges; Appropriations
By: Senator(s) Polk
Senate Bill 2058
AN ACT TO CLARIFY FUNDING FORMULA CALCULATIONS FOR STATE-SUPPORTED UNIVERSITIES AND COMMUNITY COLLEGES IN THE STATE OF MISSISSIPPI IN ORDER TO PROVIDE FOR ACCOUNTABILITY AND EFFICIENCY; TO PROVIDE RESTRICTIONS ON STATE FUNDING OF ACADEMIC REMEDIAL COURSES OF INSTRUCTION FOR UNDERGRADUATE STUDENTS ATTENDING STATE-SUPPORTED UNIVERSITIES AND COMMUNITY COLLEGES; TO PROVIDE FOR THE WITHHOLDING AND TRANSFER OF ADEQUATE EDUCATION PROGRAMS TO UNIVERSITIES AND COMMUNITY COLLEGES PROVIDING SUCH REMEDIAL EDUCATION COURSES; TO PROVIDE A PERFORMANCE-BASED FUNDING FORMULA FOR STATE-SUPPORTED UNIVERSITIES AND COMMUNITY COLLEGES TO BE IMPLEMENTED ON A PHASED-IN BASIS AND TO PRESCRIBE THE COMPONENTS OF THAT FORMULA; TO AMEND SECTIONS 37-101-15 AND 37-4-3, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ACQUIRE AND DISPOSE OF ANY REAL PROPERTY ON BEHALF OF ANY STATE INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 37-113-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT TO SELL CERTAIN REAL PROPERTY ON BEHALF OF MISSISSIPPI STATE UNIVERSITY; TO AMEND SECTION 37-115-1, MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY OF THE UNIVERSITY OF MISSISSIPPI TO ACQUIRE AND DISPOSE OF REAL PROPERTY ON BEHALF OF SAID UNIVERSITY AND ITS SUBDIVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Beginning with undergraduate students who commence undergraduate studies in the 2013-2014 academic year, no state-supported institution of higher learning or community college shall receive any state funding for any academic remedial or developmental courses for undergraduate students, including courses prescribed in the Mississippi core curriculum for high school graduation under state accreditation regulations, except as provided in subsection (2) of this section.
(2) Beginning with the 2013-2014 academic year, each state institution of higher learning shall report to the Board of Trustees of State Institutions of Higher Learning the high school and school district from which each student who receives academic remedial education in the preceding semester of study and the cost to the institution for providing that education. In like manner, each public community college shall report to the Mississippi Community College Board the high school and school district from which each student who receives academic remedial education in the preceding semester of study and the cost to the community college for providing that education. The Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board shall develop and publish a report regarding the total cost for remedial education for all students served in the preceding semester and submit a statement for cost reimbursement to the State Department of Education not later than one (1) month following the end of the preceding semester, and shall forward the report to the Governor and the Chairmen of the Universities and Colleges Committees of the Senate and House of Representatives. The State Department of Education shall reimburse the Board of Trustees of State Institutions of Higher Learning or the Mississippi Community College Board, as the case may be, for the cost for remedial education for all students served in the preceding semester and shall withhold a pro rata amount from the Mississippi Adequate Education Program (MAEP) distribution to the applicable school district in order to reimburse the applicable university or community college for the cost of such remedial education. The State Department of Education shall transfer the amounts withheld from adequate education program distributions to the applicable entity not later than one (1) month from the date such funds are withheld. The State Department of Education shall include a recap of such transfers on its official website and on the school districts annual report card.
(3) In the case of a student who attended a nonpublic high school or a school form another state, the university or community college shall assess the student for any remedial education provided in order to reimburse the applicable university on community college for the cost of such remedial education.
(4) Each state university and public community college may continue to offer academic remedial and developmental courses at its main campus beyond the extent for which state funding may be paid under this section. However, the university or community college shall not receive any state operating funding for such courses except as provided in subsection (2) of this section.
(5) Each state university and public community college shall grant credit for academic remedial or developmental courses successfully completed at a nonpublic community college or nonpublic university pursuant to any applicable articulation and transfer agreements the university or community college has entered into in accordance with policies and procedures adopted by the Board of Trustees of State Institutions of Higher Learning or the Mississippi Community College Board, as the case may be.
(6) The Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board shall do all of the following:
(a) Adopt uniform statewide standards for academic remedial and developmental courses offered by all state institutions of higher learning and community colleges;
(b) Encourage and assist in the design and establishment of academic remedial and developmental courses by institutions of higher learning and community colleges; and
(c) Encourage and assist in the development of articulation and transfer agreements between state universities, other institutions of higher education, public community colleges and other nonpublic community colleges.
SECTION 2. Funding formula - institutions of higher learning and community colleges. (1) (a) The funding formula model for institutions of higher learning and community colleges shall serve as a framework for implementing the goals of the State of Mississippi. The model shall ensure adequate, equitable, and stable funding and be based on reliable and uniform data. The model shall be simple to understand, sensitive to universities' and community colleges differing missions, and responsive to changes within the universities and colleges and shall make provisions for special-purpose units.
(b) The model shall hold universities and community colleges accountable for increasing the educational attainment levels of Mississippi citizens by:
(i) Addressing the state's economic development and workforce needs;
(ii) Promoting increased degree production while maintaining a high level of rigor;
(iii) Acknowledging the unique mission of each university and community college and allowing for collaboration and minimal redundancy in degree offerings and competitive research;
(iv) Promoting a seamless and integrated system of postsecondary education designed to meet the needs of all students;
(v) Addressing institutional accountability for the quality of instruction and student learning, including remedial instruction;
(vi) Addressing the different needs for lower level, upper level and graduate level instruction at the various institutions;
(vii) Addressing the requirements for specialized equipment, labs and smaller class sizes in some disciplines;
(viii) Addressing unique missions; and
(ix) Addressing growth, economies of scale, and other appropriate factors.
(2) By December 31, 2013, the Board of Trustees of State Institutions of Higher Learning, in collaboration with the state university presidents and chancellor, and the Mississippi Community College Board, in collaboration with the presidents of the community colleges, shall develop funding formulas which will, in principle, seek to provide fair and equitable state support to all postsecondary students across the state, regardless of the state institution attended, consistent with the model developed under subsection (1) of this section. The funding formulas for community colleges and universities shall be comprised of a needs-based component and an outcome-centered component.
(3) The outcome-centered component shall constitute twenty-five percent (25%) of funding for community colleges and universities by the 2018-2019 school year and shall be phased in at a rate of five percent (5%) per year beginning in the 2014-2015 school year as provided in subsection (5) of this section. The needs-based component shall constitute seventy-five percent (75%) of funding for community colleges and universities by the 2018-2019 school year.
(4) The outcome-centered component measures shall begin in the 2013-2014 school year, but may include outcomes from multiple previous years.
(a) The outcome-centered component shall seek to promote and increase the satisfactory progression, matriculation and graduation of all students enrolled in community colleges and universities.
(b) The Mississippi Community College Board and the Board of Trustees of State Institutions of Higher Learning shall consider the unique factors of each community college and university, as the case may be, when developing the outcome-centered component, including utilizing variables that may be weighted to reinforce the mission of each community college and university and provide incentives for increased credential production.
(c) The outcome-centered component shall include, at a minimum:
(i) End-of-course enrollment;
(ii) Student retention;
(iii) Student progression toward credential completion;
(iv) Number of credentials awarded, including an emphasis on high-demand credentials;
(v) Student transfer activity;
(vi) Research activity;
(vii) Number of graduates from underserved populations;
(viii) Course completion;
(ix) Degree completion;
(x) Critical needs shortage areas;
(xi) Minority students;
(xii) Economically disadvantaged students; and
(xiii) Nontraditional students.
(5) Each university's and community college's total state funding received shall be calculated at:
(a) Ninety-five percent (95%) under the needs-based funding formula model and five percent (5%) on the outcome-centered funding formula model for the 2014-2015 school year;
(b) Ninety percent (90%) under the needs-based funding formula model and ten percent (10%) on the outcome-centered funding formula model for the 2015-2016 school year;
(c) Eighty-five percent (85%) under the needs-based funding formula model and fifteen percent (15%) on the outcome-centered funding formula model for the 2016-2017 school year;
(d) Eighty percent (80%) under the needs-based funding formula model and twenty percent (20%) on the outcome-centered funding formula model for the 2017-2018 school year; and
(e) Beginning in the 2018-2019 school year, funding shall be based on seventy-five percent (75%) under the needs-based funding formula model and twenty-five percent (25%) on the outcome-centered funding formula model.
(6) (a) By December 31, 2013, the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board shall present the funding formulas approved, including both the needs-based component and the outcome-centered component, to the Chairmen of the Appropriations and Universities and Colleges Committees of the Senate and House, and to the Governor.
(b) The Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board shall review the funding formulas set forth in this act annually and make written recommendations for appropriate modifications or changes to the Chairmen of the Appropriations and Universities and Colleges Committees of the Senate and House, and the Governor by October 15 of the year prior to each regular session of the Legislature.
(7) It is the intent of the Legislature that the outcome-centered component of funding formulas for community colleges and universities become the primary component for funding purposes.
SECTION 3. Section 37-101-15, Mississippi Code of 1972, is amended as follows:
37-101-15. (a) The Board of Trustees of State Institutions of Higher Learning shall succeed to and continue to exercise control of all records, books, papers, equipment, and supplies, and all lands, buildings, and other real and personal property belonging to or assigned to the use and benefit of the board of trustees formerly supervising and controlling the institutions of higher learning named in Section 37-101-1. The board shall have and exercise control of the use, distribution and disbursement of all funds, appropriations and taxes, now and hereafter in possession, levied and collected, received, or appropriated for the use, benefit, support, and maintenance or capital outlay expenditures of the institutions of higher learning, including the authorization of employees to sign vouchers for the disbursement of funds for the various institutions, except where otherwise specifically provided by law.
(b) The board shall have general supervision of the affairs of all the institutions of higher learning, including the departments and the schools thereof. The board shall have the power in its discretion to determine who shall be privileged to enter, to remain in, or to graduate therefrom. The board shall have general supervision of the conduct of libraries and laboratories, the care of dormitories, buildings, and grounds; the business methods and arrangement of accounts and records; the organization of the administrative plan of each institution; and all other matters incident to the proper functioning of the institutions. The board shall have the authority to establish minimum standards of achievement as a prerequisite for entrance into any of the institutions under its jurisdiction, which standards need not be uniform between the various institutions and which may be based upon such criteria as the board may establish.
(c) The board shall exercise all the powers and prerogatives conferred upon it under the laws establishing and providing for the operation of the several institutions herein specified. The board shall adopt such bylaws and regulations from time to time as it deems expedient for the proper supervision and control of the several institutions of higher learning, insofar as such bylaws and regulations are not repugnant to the Constitution and laws, and not inconsistent with the object for which these institutions were established. The board shall have power and authority to prescribe rules and regulations for policing the campuses and all buildings of the respective institutions, to authorize the arrest of all persons violating on any campus any criminal law of the state, and to have such law violators turned over to the civil authorities.
(d) For all institutions specified herein, the board shall provide a uniform system of recording and of accounting approved by the State Department of Audit. The board shall annually prepare, or cause to be prepared, a budget for each institution of higher learning for the succeeding year which must be prepared and in readiness for at least thirty (30) days before the convening of the regular session of the Legislature. All relationships and negotiations between the State Legislature and its various committees and the institutions named herein shall be carried on through the board of trustees. No official, employee or agent representing any of the separate institutions shall appear before the Legislature or any committee thereof except upon the written order of the board or upon the request of the Legislature or a committee thereof.
(e) For all institutions specified herein, the board shall prepare an annual report to the Legislature setting forth the disbursements of all monies appropriated to the respective institutions. Each report to the Legislature shall show how the money appropriated to the several institutions has been expended, beginning and ending with the fiscal years of the institutions, showing the name of each teacher, officer, and employee, and the salary paid each, and an itemized statement of each and every item of receipts and expenditures. Each report must be balanced, and must begin with the former balance. If any property belonging to the state or the institution is used for profit, the reports shall show the expense incurred in managing the property and the amount received therefrom. The reports shall also show a summary of the gross receipts and gross disbursements for each year and shall show the money on hand at the beginning of the fiscal period of the institution next preceding each session of the Legislature and the necessary amount of expense to be incurred from said date to January 1 following. The board shall keep the annual expenditures of each institution herein mentioned within the income derived from legislative appropriations and other sources, but in case of emergency arising from acts of providence, epidemics, fire or storm with the written approval of the Governor and by written consent of a majority of the senators and of the representatives it may exceed the income. The board shall require a surety bond in a surety company authorized to do business in this state, of every employee who is the custodian of funds belonging to one or more of the institutions mentioned herein, which bond shall be in a sum to be fixed by the board in an amount that will properly safeguard the said funds, the premium for which shall be paid out of the funds appropriated for said institutions.
(f) The board shall have the power and authority to elect the heads of the various institutions of higher learning and to contract with all deans, professors, and other members of the teaching staff, and all administrative employees of said institutions for a term of not exceeding four (4) years. The board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency, or contumacious conduct, but never for political reasons. It shall be the policy of the board to permit the executive head of each institution to nominate for election by the board all subordinate employees of the institution over which he presides. It shall be the policy of the board to elect all officials for a definite tenure of service and to reelect during the period of satisfactory service. The board shall have the power to make any adjustments it thinks necessary between the various departments and schools of any institution or between the different institutions.
(g) The board shall keep complete minutes and records of all proceedings which shall be open for inspection by any citizen of the state.
(h) The board shall have the power to contract, on a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as prescribed in Section 31-7-14, not to exceed ten (10) years.
(i) The Board of Trustees of State Institutions of Higher Learning, for and on behalf of Jackson State University, is hereby authorized to convey by donation or otherwise easements across portions of certain real estate located in the City of Jackson, Hinds County, Mississippi, for right-of-way required for the Metro Parkway Project.
(j) In connection with any international contract between the board or one (1) of the state's institutions of higher learning and any party outside of the United States, the board or institution that is the party to the international contract is hereby authorized and empowered to include in the contract a provision for the resolution by arbitration of any controversy between the parties to the contract relating to such contract or the failure or refusal to perform any part of the contract. Such provision shall be valid, enforceable and irrevocable without regard to the justiciable character of the controversy. Provided, however, that in the event either party to such contract initiates litigation against the other with respect to the contract, the arbitration provision shall be deemed waived unless asserted as a defense on or before the responding party is required to answer such litigation.
(k) The Board of Trustees of State Institutions of Higher Learning ("board"), on behalf of any institution under its jurisdiction, shall purchase and maintain business property insurance and business personal property insurance on all university-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to those buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The board is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The board is authorized to enter into agreements with the Department of Finance and Administration, local school districts, community/junior college districts, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.
(l) The Board of Trustees of State Institutions of Higher Learning, or its designee, may approve the payment or reimbursement of reasonable travel expenses incurred by candidates for open positions at the board's executive office or at any of the state institutions of higher learning, when the job candidate has incurred expenses in traveling to a job interview at the request of the board, the Commissioner of Higher Education or a state institution of higher learning administrator.
(m) From and after July 1, 2013, the Board of Trustees of State Institutions of Higher Learning, in collaboration with the university presidents, the Mississippi Community College Board and the community college presidents, shall revise and institute a performance-based funding formula which complies with the components of this act.
SECTION 4. Section 37-4-3, Mississippi Code of 1972, is amended as follows:
37-4-3. (1) From and after July 1, 1986, there shall be a Mississippi Community College Board which shall receive and distribute funds appropriated by the Legislature for the use of the public community and junior colleges and funds from federal and other sources that are transmitted through the state governmental organization for use by said colleges. This board shall provide general coordination of the public community and junior colleges, assemble reports and such other duties as may be prescribed by law.
(2) The board shall consist of ten (10) members of which none shall be an elected official and none shall be engaged in the educational profession. The Governor shall appoint two (2) members from the First Mississippi Congressional District, one (1) who shall serve an initial term of two (2) years and one (1) who shall serve an initial term of five (5) years; two (2) members from the Second Mississippi Congressional District, one (1) who shall serve an initial term of five (5) years and one (1) who shall serve an initial term of three (3) years; and two (2) members from the Third Mississippi Congressional District, one (1) who shall serve an initial term of four (4) years and one (1) who shall serve an initial term of two (2) years; two (2) members from the Fourth Mississippi Congressional District, one (1) who shall serve an initial term of three (3) years and one (1) who shall serve an initial term of four (4) years; and two (2) members from the Fifth Mississippi Congressional District, one (1) who shall serve an initial term of five (5) years and one (1) who shall serve an initial term of two (2) years. All subsequent appointments shall be for a term of six (6) years and continue until their successors are appointed and qualify. An appointment to fill a vacancy which arises for reasons other than by expiration of a term of office shall be for the unexpired term only. No two (2) appointees shall reside in the same junior college district. All members shall be appointed with the advice and consent of the Senate.
(3) There shall be a chairman and vice chairman of the board, elected by and from the membership of the board; and the chairman shall be the presiding officer of the board. The board shall adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business.
(4) The members of the board shall receive no annual salary, but shall receive per diem compensation as authorized by Section 25-3-69, Mississippi Code of 1972, for each day devoted to the discharge of official board duties and shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by Section 25-3-41, Mississippi Code of 1972.
(5) The board shall name a director for the state system of public junior and community colleges, who shall serve at the pleasure of the board. Such director shall be the chief executive officer of the board, give direction to the board staff, carry out the policies set forth by the board, and work with the presidents of the several community and junior colleges to assist them in carrying out the mandates of the several boards of trustees and in functioning within the state system and policies established by the Mississippi Community College Board. The Mississippi Community College Board shall set the salary of the Director of the State System of Community and Junior Colleges. The Legislature shall provide adequate funds for the Mississippi Community College Board, its activities and its staff.
(6) The powers and duties of the Mississippi Community College Board shall be:
(a) To authorize disbursements of state appropriated funds to community and junior colleges through orders in the minutes of the board.
(b) To make studies of the needs of the state as they relate to the mission of the community and junior colleges.
(c) To approve new, changes to and deletions of vocational and technical programs to the various colleges.
(d) To require community and junior colleges to supply such information as the board may request and compile, publish and make available such reports based thereon as the board may deem advisable.
(e) To approve proposed new attendance centers (campus locations) as the local boards of trustees should determine to be in the best interest of the district. Provided, however, that no new community/junior college branch campus shall be approved without an authorizing act of the Legislature.
(f) To serve as the state approving agency for federal funds for proposed contracts to borrow money for the purpose of acquiring land, erecting, repairing, etc. dormitories, dwellings or apartments for students and/or faculty, such loans to be paid from revenue produced by such facilities as requested by local boards of trustees.
(g) To approve applications from community and junior colleges for state funds for vocational-technical education facilities.
(h) To approve any university branch campus offering lower undergraduate level courses for credit.
(i) To appoint members to the Post-Secondary Educational Assistance Board.
(j) To appoint members to the Authority for Educational Television.
(k) To contract with other boards, commissions, governmental entities, foundations, corporations or individuals for programs, services, grants and awards when such are needed for the operation and development of the state public community and junior college system.
(l) To fix standards for community and junior colleges to qualify for appropriations, and qualifications for community and junior college teachers.
(m) To have sign-off approval on the State Plan for Vocational Education which is developed in cooperation with appropriate units of the State Department of Education.
(n) To approve or disapprove of any proposed inclusion within municipal corporate limits of state-owned buildings and grounds of any community college or junior college and to approve or disapprove of land use development, zoning requirements, building codes and delivery of governmental services applicable to state-owned buildings and grounds of any community college or junior college. Any agreement by a local board of trustees of a community college or junior college to annexation of state-owned property or other conditions described in this paragraph shall be void unless approved by the board and by the board of supervisors of the county in which the state-owned property is located.
(o) From and after July 1, 2013, the Mississippi Community College Board, in collaboration with the presidents of the community colleges, the Board of Trustees of State Institutions of Higher Learning and the presidents and chancellor of the state-supported universities, shall institute a performance-based funding formula consistent with the components prescribed in this act.
SECTION 5. It is the intent of the Legislature that the provisions of this act shall be applicable only to the extent possible within the scope of any federal court consent judgment or any federal court order imposed upon any public university or college within the state. The provisions of this act shall be in effect and shall be enforceable only within the scope of such federal court order.
SECTION 6. (1) For the purpose of this section, the term "institution" refers to any state institution of higher learning specified in Section 37-101-1. The provisions of this section shall supersede the authority of any institution and the Board of Trustees of State Institutions of Higher Learning to acquire and dispose of any real property on behalf of any institution.
(2) After June 30, 2013, the sale or purchase of any real property on behalf of any institution shall require legislative approval and shall be subject to this section, Section 27-104-107 and Section 29-1-1.
(3) The Department of Finance and Administration is hereby authorized, in its discretion, to acquire by purchase, gift or otherwise, any real property required by and for the use of any institution, and said institution may hold, use and operate such real property in conducting its authorized and necessary program of work. Said institution and its subdivisions may hold and operate real property needed in its program of operations without the benefit of state funds specifically appropriated for the purchase of such properties. Such properties shall be acquired or purchased on the recommendation of the president of said institution and approved by the Department of Finance and Administration.
(4) The Department of Finance and Administration may sell any such real property purchased or otherwise acquired under the authority of this section for the use of the institution or its subdivisions when such property is not needed in the institution's programs of operations. Such properties shall be sold on the recommendation of the president of the institution and approved by the Department of Finance and Administration. The proceeds from the sale of such properties may be used to purchase other real properties for the use of the institution or may be retained by the institution for its operations. Consideration for the sale of real property under this section shall not be less than the fair market price thereof as determined by a professional property appraiser selected and approved by the Department of Finance and Administration. Said appraisal shall be filed with the Department of Finance and Administration at least thirty (30) days prior to the proposed sale of said property. Appraisal fees shall be shared equally by the institution and the purchaser.
(5) The title to all lands held by any institution shall appear on all deeds and land records under the name of the "State of Mississippi." A deed may also recite the name of the institution for whose benefit and use the land is acquired, but the recital shall not be deemed or construed to be a limitation on the grant or an impairment of title held by the State of Mississippi.
(6) Prior to July 1, 2013, each institution shall inventory any state-held lands which are titled in the name of the institution. The institution shall execute quitclaim deeds and any other necessary documents to transfer the name and title of the property to the State of Mississippi. Institutions shall furnish to the Secretary of State certified copies of the quitclaim deeds and all other deeds whereby the institution has acquired or disposed of state-held land.
SECTION 7. Section 37-113-7, Mississippi Code of 1972, is amended as follows:
37-113-7. (1) The * * *
Department of Finance and Administration is hereby authorized, in its
discretion, to acquire by purchase, gift, or otherwise, any real property
required by and for the use of Mississippi State University of Agriculture and
Applied Science, and said university is authorized to hold, use and operate
such real property in conducting its authorized and necessary program of work.
This section is designed to make it possible for said university and its
subdivisions to acquire, hold and operate real property needed in its program
of operations without the benefit of state funds specifically appropriated for
the purchase of such properties. Such properties shall be acquired or
purchased on the recommendation of the Director of the Mississippi Agricultural
and Forestry Experimental Station made to the president of said university and
approved by the * * * Department
of Finance and Administration.
(2) The * * *
Department of Finance and Administration is hereby authorized, in its
discretion, to sell any such real property purchased or otherwise acquired
under the authority of subsection (1) for the use of Mississippi State
University of Agriculture and Applied Science or its subdivisions when such
property is not needed in the university's programs of operations. Such properties
shall be sold on the recommendation of the Director of the Mississippi
Agricultural and Forestry Experimental Station made to the president of the
university and approved by the * * *
Department of Finance and Administration. The proceeds from the sale of
such properties may be used to purchase other real properties for the use of
the university under the provisions of subsection (1), or may be retained by
the university for its operations. Consideration for the sale of real property
hereunder shall not be less than the fair market price thereof as determined by
a professional property appraiser selected and approved by the * * * Department of
Finance and Administrations. Said appraisal shall be filed with the * * * Department of
Finance and Administrations * * * at least thirty (30) days prior to
the proposed sale of said property. Appraisal fees shall be shared equally by
the university and the purchaser.
(3) The * * *
Department of Finance and Administration is hereby authorized and
empowered to sell the following described property owned by Mississippi State
University of Agriculture and Applied Science in Oktibbeha County, Mississippi,
to wit:
Commence at the Northeast corner of the Southeast Quarter of Section 15, Township 19 North, Range 15 East, Oktibbeha County, Mississippi and use as the point of beginning. Thence run West along the North boundary of the South Half of Section 15 a distance of 3,997 feet to the East right-of-way of Macon-Aberdeen Road; thence run South along said right-of-way a distance of 20 feet; thence run East a distance of 800 feet; thence run South 78 degrees 41' East a distance of 102 feet; thence run East a distance of 410 feet; thence run South a distance of 1,107 feet; thence run East a distance of 2,687 feet to the East boundary of Section 15; thence run North along said East boundary of Section 15 a distance of 1,147 feet to the point of beginning. Being 71.56 acres located in the East Three Quarter of the South Half of Section 15, Township 19 North, Range 15 East, Oktibbeha County, Mississippi.
The proceeds from the sale
of said property shall be used by the * * *
Department of Finance and Administration to purchase other real property
adjacent or in close proximity to the Mississippi State University of
Agriculture and Applied Science, or its subdivisions, suitable for use in the
university's programs of operation. Consideration for the sale and purchase of
said property shall be for the fair market price thereof as determined by a
professional property appraiser selected and approved by the * * * Department of
Finance and Administration. Said appraisals shall be filed with the * * * Department of
Finance and Administration at least thirty (30) days prior to the proposed
sale or purchase of said property. Appraisal fees shall be shared equally by
the university and the purchaser in the case of the sale herein authorized, and
by the university and the seller(s) in the case of the purchase herein
authorized.
(4) The * * *
Department of Finance and Administration is hereby authorized and
empowered to sell the following described property owned by Mississippi State
University of Agriculture and Applied Science in George County, Mississippi, to
wit:
The South West Quarter of the North West Quarter of Section Twenty, in Township One South of Range Six West, of the St. Stephens Meridian, Mississippi, containing Forty and Thirty One Hundredths of an acre.
The proceeds from the sale
of said property shall be used by the * * *
Department of Finance and Administration to purchase other real property
adjacent or in close proximity to the Mississippi State University of
Agriculture and Applied Science, or its subdivisions, suitable for use in the
university's programs of operation. Consideration for the sale and purchase of
said property shall be for the fair market price thereof as determined by a
professional property appraiser selected and approved by the * * * Department of
Finance and Administration. Said appraisals shall be filed with the * * * Department of
Finance and Administration at least thirty (30) days prior to the proposed
sale or purchase of said property. Appraisal fees shall be shared equally by
the university and the purchaser in the case of the sale herein authorized, and
by the university and the seller(s) in the case of the purchase herein
authorized.
(5) The * * *
Department of Finance and Administration is hereby authorized and
empowered to sell the following described property owned by Mississippi State
University of Agriculture and Applied Science in Lauderdale County,
Mississippi, to wit:
The Northeast Quarter of the Northeast Quarter of Section 2, in Township 6, Range 16 East, plus applicable easements and mineral rights thereto.
The proceeds from the sale
of said property shall be used by the * * *
Department of Finance and Administration to purchase other real property
adjacent or in close proximity to the Mississippi State University of
Agriculture and Applied Science, or its subdivisions, suitable for use in the
university's programs of operation. Consideration for the sale and purchase of
said property shall be for the fair market price thereof as determined by a
professional property appraiser selected and approved by the * * * Department of
Finance and Administration. Said appraisals shall be filed with the * * * Department of
Finance and Administration at least thirty (30) days prior to the proposed
sale or purchase of said property. Appraisal fees shall be shared equally by
the university and the purchaser in the case of the sale herein authorized, and
by the university and the seller(s) in the case of the purchase herein
authorized.
(6) When any property is
sold by the * * * Department of
Finance and Administration pursuant to this section, the * * * department shall retain for the
State of Mississippi any mineral rights which the board or the university has
in such land.
SECTION 8. Section 37-115-1, Mississippi Code of 1972, is amended as follows:
37-115-1. The University of
Mississippi, incorporated on the twenty-fourth of February, A.D., 1844, shall
continue to exist as a body-politic and corporate by that name and style, with
all its property, real and personal, and with all the franchises, rights,
powers and privileges heretofore conferred on it by law or properly incident to
such a body and necessary to accomplish the end of its creation; said
university may receive * * *
and hold * * * all real and personal property conveyed to it for such
purpose.
SECTION 9. This act shall take effect and be in force from and after July 1, 2013.
