1998 Regular Session
To: Universities and Colleges
By: Representative Manning
House Bill 1080
AN ACT TO AMEND SECTION 37-4-3, MISSISSIPPI CODE OF 1972, TO ABOLISH AND RECONSTITUTE THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-4-3, Mississippi Code of 1972, is amended as follows:
37-4-3. (1) The State Board for Community and Junior Colleges is abolished and reconstituted as provided in this Section 37-4-3. The powers, duties, assets and liabilities of the abolished board are vested in the reconstituted board established by this act.
The State Board for Community and Junior Colleges is reconstituted as follows: The State Board for Community and Junior Colleges * * * 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 fifteen (15) members of which none shall be an elected official and none shall be engaged in the educational profession. The boards of trustees of Coahoma, Copiah-Lincoln, East Central, East Mississippi and Hinds Community Colleges shall each appoint one (1) person from each of their respective boards of trustees to serve as a member of the State Board for Community and Junior Colleges and the terms of the members so appointed shall end on June 30, 1999. The boards of trustees of Holmes, Itawamba, Jones, Meridian and Mississippi Delta Community Colleges shall each appoint one (1) person from each of their respective boards of trustees to serve as a member of the State Board of Community and Junior Colleges and the terms of the members so appointed shall end on June 30, 2000. The boards of trustees of Mississippi Gulf Coast, Northeast Mississippi, Northwest Mississippi, Pearl River, and Southwest Mississippi Community Colleges shall appoint one (1) person from each of their respective boards to serve as a member of the State Board for Community and Junior Colleges and the terms of the members so appointed shall end on June 30, 2001. All subsequent appointments shall be for a term of four (4) years from the date of expiration of the previously appointed members, 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. * * * 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. * * *
(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 State Board for Community and Junior Colleges. The State Board for Community and Junior Colleges shall set the salary of the Director of the State System of Community and Junior Colleges. The Legislature shall provide adequate funds for the State Board for Community and Junior Colleges, its activities and its staff.
(6) The powers and duties of the State Board for Community and Junior Colleges 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.
SECTION 2. This act shall take effect and be in force from and after July 1, 1998.