MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Universities and Colleges; Appropriations
By: Senator(s) Tollison
AN ACT TO AMEND SECTIONS 37-101-1, 37-101-2, 37-101-3, 37-101-5, 37-101-7, 37-101-9, 37-101-11, 37-101-13, 37-101-15, 37-101-16, 37-101-19, 37-101-21, 37-101-23, 37-101-27, 37-101-29, 37-101-30, 37-103-1 AND 37-103-25, MISSISSIPPI CODE OF 1972, TO PROVIDE RESPONSIBILITY FOR THE ADMINISTRATION OF THE STATE UNIVERSITY SYSTEM ESTABLISHED UNDER THE MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE FOR THE SELECTION OF THE BOARD OF GOVERNORS OF THE STATE UNIVERSITY SYSTEM AND TO PRESCRIBE ITS POWERS AND DUTIES, TO CLARIFY THE POWERS AND DUTIES OF THE LEGISLATURE RELATING TO THE STATE UNIVERSITY SYSTEM, TO PROVIDE FOR THE SELECTION OF A CHANCELLOR OF THE STATE UNIVERSITY SYSTEM BY THE BOARD OF GOVERNORS AND PRESCRIBE THE POWERS AND DUTIES OF THE CHANCELLOR, TO PROVIDE FOR THE SELECTION OF THE LOCAL UNIVERSITY BOARDS OF TRUSTEES AND TO PRESCRIBE THEIR POWERS AND DUTIES, TO PROVIDE FOR THE SELECTION OF UNIVERSITY PRESIDENTS AND PRESCRIBE THEIR POWERS AND DUTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-101-1, Mississippi Code of 1972, is amended as follows:
37-101-1. (1) State University System. In accordance with Section 213A, Mississippi Constitution of 1890, there shall be a single State University System comprised of all public universities in the State of Mississippi. A board of trustees shall administer each public university and a Board of Governors shall govern the State University System.
(2) The following state institutions of higher learning, namely:
(a) The University of Mississippi;
(b) The Mississippi
State University * * *;
(c) The Mississippi * * * University for Women;
(d) The University of Southern Mississippi;
(e) The Delta State * * * University;
(f) The Alcorn * * * State
University;
(g) The Jackson State * * * University;
(h) The Mississippi
Valley State * * *
University;
(i) And any other of like kind which may be hereafter established by the state;
shall * * * comprise the State University System.
SECTION 2. Section 37-101-2, Mississippi Code of 1972, is amended as follows:
37-101-2. There is hereby
established within the * * * State
University System a Welfare Policy Institute at a campus location to be
designated by the Board of * * * Governors of the State University
System. The purpose of the institute shall be to research and gather
empirical information regarding the social and welfare programs authorized
under Sections 43-49-1 through 43-49-15, 43-13-115, 43-17-1, 43-17-5, 43-1-8,
43-1-10, 43-1-30 and 37-101-2 and to write grant proposals regarding the policy
implications of such program.
SECTION 3. Section 37-101-3, Mississippi Code of 1972, is amended as follows:
37-101-3. (1) * * *
Board of Governors of the State University System. The Board
of Governors of the State University System shall be a body corporate
consisting of the former membership of the Board of Trustees of State
Institutions of Higher Learning, which shall become the new Board of Governors
of the State University System. The board shall ensure coordination, eliminate
needless duplication, provide for the optimal use of state resources and
establish system-wide policies for the management of the whole university
system as specifically provided in Section 37-101-15(1) and (3). The board's
management shall be subject to the powers of the Legislature to appropriate for
the expenditure of funds, and the board shall account for such expenditures as
provided by law. The Governor shall appoint the members of the board with the
advice and consent of the Senate. The Board of Governors shall be composed of
twelve (12) members. The members of the board as constituted on January 1,
2004, shall continue to serve until expiration of their respective terms of
office. Appointments made to fill vacancies created by expiration of members'
terms of office occurring after January 1, 2004, shall be as follows: The
initial term of the members appointed in 2004 shall be for eleven (11) years;
the initial term of the members appointed in 2008 shall be for ten (10) years;
and the initial term of the members appointed in 2012 shall be for nine (9)
years. After the expiration of the initial terms, all terms shall be for nine
(9) years. Four (4) members of the board shall be appointed from each of the
three (3) Mississippi Supreme Court districts and, as such vacancies occur, the
Governor shall make appointments from the Supreme Court district having the
smallest number of board members until the membership includes four (4) members
from each district. In case of a vacancy on the board by death or
resignation of a member, or from any cause other than the expiration of such
member's term of office, the board shall elect his successor, who shall hold
office until the end of the next session of the Legislature. During such term
of the session of the Legislature, the Governor shall appoint the successor
member of the board from the district from which his predecessor was appointed,
to hold office for the balance of the unexpired term for which such original
trustee was appointed, to the end that one-third (1/3) of such trustees' terms
will expire each three (3) years.
(2) The current
president, or his/her designee, of the Student Body President's Council of
Mississippi (SBPCM) shall have a reserved seat at each meeting of the Board of * * *
Governors of the State University System. No less than once a year, the
board shall seek the advise and counsel of the student body president's
organization.
* * *
(3) The Executive Director
of the Mississippi Community College Board, or his designee, and one (1)
member of the Mississippi Community College Board, to be designated by
the chairman of said board, shall attend all regular meetings of the Board of * * *
Governors of the State University System. Said community/junior college
representatives shall have no jurisdiction or vote on any matter within the
jurisdiction of the board. The Executive Director of the Mississippi
Community College Board and any designee who is a state employee shall receive
no per diem for attending meetings of the board, but shall be entitled to
actual and necessary expense reimbursement and mileage for attending meetings
at locations other than Jackson, Mississippi. The designee of the Mississippi
Community College Board shall receive per diem compensation as authorized by
Section 25-3-69, Mississippi Code of 1972, for attending said meetings, and
shall be entitled to reimbursement for actual expense reimbursement and
mileage, which shall be paid from funds appropriated to the Board of Trustees
of State Institutions of Higher Learning.
(4) Wherever the term "Board of Trustees of State Institutions of Higher Learning" appears in the Mississippi Code of 1972, that term shall be construed to mean the Board of Governors of the State University System created in this section.
SECTION 4. Section 37-101-5, Mississippi Code of 1972, is amended as follows:
37-101-5. There shall be
appointed only men or women to membership on the Board of * * *
Governors of the State University System as shall be qualified electors
residing in the district from which each is appointed and at least twenty-five
(25) years of age and of the highest order of intelligence, character, learning
and fitness for the performance of such duties to the end that such board shall
perform the high and honorable duties thereof to the greatest advantage of the
people of the state and of such institutions, uninfluenced by any political
considerations.
SECTION 5. Section 37-101-7, Mississippi Code of 1972, is amended as follows:
37-101-7. Within ten (10)
days after the beginning of the terms of office of its members, upon call of
the Governor, the Board of * * *
Governors of the State University System shall meet in the City of
Jackson and organize by electing one (1) of its number as president, whose term
of office shall be for one (1) year or until a successor shall be elected, and
shall transact such other business as may come before the meeting. When the
presiding officer has voted and the result is a tie, he cannot vote again to
break the tie.
The * * * members shall have authority
to appoint a nonmember as * * * Commissioner of Higher Education Chancellor of the State
University System, who shall possess the highest qualifications as an
administrator and research worker. The specific powers and duties of the
Chancellor of the State University System are prescribed in Section 37-101-15(4).
The * * * Chancellor of the State University System
shall maintain an office and be responsible to the board for the efficient
functioning of the staff which the * * * chancellor may from time to time
establish. * * *
All such personnel shall be employed by the * * * Chancellor
of the State University System and shall hold office at the pleasure of the * * * Chancellor of the State
University System. The board shall also have the authority to employ on a
fee basis such technical and professional assistance as may be necessary to
carry out the powers, duties and purposes of the board.
The * * * Chancellor
of the State University System and other personnel employed by the board
shall receive reasonable salaries commensurate with their duties and functions,
the amount of which shall be fixed by the board. The reasonable traveling
expenses and other authorized expenses incurred by the * * * Chancellor of the State
University System and other personnel in the performance of their duties,
together with other expenses of the operation of the executive office, shall be * * * appropriated by the
Legislature.
SECTION 6. Section 37-101-9, Mississippi Code of 1972, is amended as follows:
37-101-9. The Board of * * *
Governors of the State University System shall serve without salary
compensation but shall receive a per diem and mileage as authorized by law
including time of going to and returning from meetings of said board, together
with actual travel and hotel expenses incident to the meetings of the board,
and in the discharge of duties prescribed by the board.
The Board of * * * Governors of the State University
System shall hold two (2) regular slated meetings annually, one (1) in June
and the other in January, and as many special meetings as may be necessary on
call of the president or on call of five (5) members. In either case, the call
shall be in writing and shall be mailed by registered letter with return
receipt requested, or by certified mail, to each and every member at least five
(5) days prior to the date of meeting. Eight (8) members of the board shall
constitute a quorum for the transaction of business.
SECTION 7. Section 37-101-11, Mississippi Code of 1972, is amended as follows:
37-101-11. The Board of * * *
Governors of the State University System is hereby authorized and
empowered, in its discretion, to adopt and have an official seal in such form
as it deems appropriate for its official use.
SECTION 8. Section 37-101-13, Mississippi Code of 1972, is amended as follows:
37-101-13. It shall be the
duty of the Board of * * * Governors of the State University System
to begin immediately a comprehensive study of * * * the role and scope of all of the various
institutions under its jurisdiction, including a detailed study of the programs
of study, degrees and courses offered, to the end that the broadest
possible educational opportunities shall be offered to the citizens of this
state without inefficient and needless duplication. * * *
SECTION 9. Section 37-101-15, Mississippi Code of 1972, is amended as follows:
37-101-15. * * *
(1) Constitutional duties of
the Board of Governors of the State University System. In accordance with
Section 213A, Mississippi Constitution of 1890, the Board of Governors of the
State University System is the governing body of the state universities. This
board is established with the necessary powers to exercise responsibility for
statewide leadership in coordinating the individually governed public state
universities. It has authority to adopt rules and to implement the provisions
of law conferring duties upon it for the improvement of the State University
System. There shall be maximum local autonomy in the governance and operation
of individual state universities. Except as otherwise provided herein, it
shall, as it finds appropriate, delegate its general powers to the Chancellor
of the State University System or the university boards of trustees. The Board
of Governors has the following general duties:
(a) To hire a Chancellor for the State University System.
(b) To adopt comprehensive long-range strategic plans and short-range programs for the development of the State University System.
(c) To adopt and submit to the Governor and Legislature, on or before September 1 of each year, an education budget that estimates the expenditure requirements for the Board of Governors, and all of the boards, institutions, agencies and services under the general supervision of the Board of Governors for the ensuing fiscal year. Any program recommended by the Board of Governors which will require increases in state funding for more than one (1) year must be presented in a multiyear budget plan.
(d) To assist in the economic development of the state by developing a state-level planning process to identify future training needs for industry, especially high-technology industry.
(e) To adopt criteria and implementation plans for future growth issues, such as new universities and campus mergers, and to provide for cooperative agreements between and within public and private education sectors.
(f) To develop, and periodically review for adjustment, a coordinate five-year plan for state university enrollment and annually submit the plan to the Legislature.
(g) To review any new baccalaureate-degree program.
(h) To review, and approve or disapprove, any new program at the professional level or doctoral level to determine if the university has taken into account the need and demand for the program, the university's mission, and similar program offerings by public and nonpublic counterparts.
(i) To exercise general supervision over the state universities to ensure coordination of educational plans and programs and resolve controversies and to minimize problems of articulation and student transfers, to ensure that students moving from one (1) level of education to the next have acquired competencies necessary for satisfactory performance at that level, and to ensure best utilization of facilities. If controversies occur between the universities and the other education delivery systems, then the State Board of Education and the Board of Governors will negotiate the compromise.
(j) To enforce system-wide education goals and policies for state universities.
(k) To establish accountability standards for existing legislative performance goals, standards, and measures, and order the development of mechanisms to implement new legislative goals, standards and measures as it relates to state universities.
(2) Constitutional duties of the Legislature. In accordance with Section 213A, Mississippi Constitution of 1890, which requires the Legislature to make adequate provision by law for the "establishment, maintenance, and operation of institutions of higher learning," the Legislature has the following responsibilities:
(a) Making provision by law for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require.
(b) Appropriating all state funds for the support of the State University System, and developing a funding formula for allocating funds among the eight (8) universities in consultation with the Board of Governors of the State University System.
(c) Establishing tuition and fees to be charged by each university board of trustees, after receiving recommendations from the Board of Governors of the State University System, as specifically provided in subsection (6)(c)(iii).
(d) Establishing statutory programs relating to merit and need-based student financial aid.
(e) Upon recommendations of the Board of Governors of the State University System, establish laws on the use of state powers and protections, including, but not limited to, eminent domain, certified law enforcement and sovereign immunity.
(f) Upon recommendations of the Board of Governors of the State University System, establishing laws relating to the health and safety of students, employees and the public while present on the campuses of institutions of higher learning.
(3) Powers and duties of the Board of Governors.
(a) General provisions.
(i) For each constituent university, the Board of Governors, or the board's designee, shall be responsible for cost-effective policy decisions appropriate to the university's mission, the implementation and maintenance of high-quality education programs within law, the measurement of performance, the reporting of information, and the provision of input regarding state policy, budgeting and education standards.
(ii) The Board of Governors shall adopt rules and regulations when acting pursuant to statutory authority derived from the Legislature.
(b) Powers and duties relating to organization and operation of state universities.
(i) The Board of Governors, or the board's designee, shall develop guidelines related to data and technology, including information systems, communications systems, computer hardware and software, and networks.
(ii) The Board of Governors shall develop guidelines relating to divisions of sponsored research to serve the function of administration and promotion of the programs of research, except for research programs at the University Medical Center which shall be under the management of the Vice Chancellor of the University Medical Center.
(iii) The Board of Governors shall prescribe conditions for direct-support organizations and university health services support organizations to be certified and to use university property and services. Conditions relating to certification must provide for audit review and oversight by the Board of Governors.
(iv) The Board of Governors shall ensure that students at state universities have access to general education courses as provided in the statewide articulation agreement, pursuant to Section 37-101-28.
(v) The Board of Governors shall approve baccalaureate degree programs that require more than one hundred twenty (120) semester credit hours of coursework prior to such programs being offered by a state university as specifically provided in paragraph (j) of this subsection.
(vi) The Board of Governors, or the board's designee, shall adopt a written antihazing policy, appropriate penalties for violations of such policy, and a program for enforcing such policy.
(vii) The Board of Governors shall ensure that student financial aid systems operate to the benefit of all students.
(c) Powers and duties relating to finance.
(i) The Board of Governors, or the board's designee, shall account for expenditures of all state, local, federal, and other funds. Such accounting systems shall have appropriate audit and internal controls in place that will enable the constituent universities to satisfactorily and timely perform all accounting and reporting functions required by the State Auditor.
(ii) The Board of Governors shall prepare the legislative budget requests for the State University System, including a request for fixed capital outlay, and submit them to the Legislative Budget Office for inclusion in the IHL legislative budget request. The Board of Governors shall provide the state universities with fiscal policy guidelines, formats, and instruction for the development of individual university budget requests.
(iii) The Board of Governors, or the board's designee, shall submit recommendations to the Legislature for setting tuition and fees.
(iv) The Board of Governors, or the board's designee, is authorized to secure comprehensive general liability insurance.
(d) Powers and duties relating to accountability.
(i) The Board of Governors shall develop a strategic plan specifying goals and objectives for the State University System.
(ii) The Board of Governors shall develop an accountability plan for the State University System.
(iii) The Board of Governors shall maintain an effective information system to provide accurate, timely, and cost-effective management information about each university.
(iv) If the Board of Governors of the State University System determines that a state university board of trustees is unwilling or unable to address substantiated allegations made by any person relating to waste, fraud, or financial mismanagement within the state university, the State Auditor and the Attorney General shall investigate the allegations.
(e) Powers and duties relating to personnel. The Board of Governors, or the board's designee, shall establish guidelines to be used by the university boards of trustees for the contracting of all university presidents, deans, professors, instructors and administrative staff for a period not exceeding four (4) years.
(f) Powers and duties relating to property.
(i) The Board of Governors shall develop guidelines for university boards of trustees relating to the acquisition of real and personal property and the sale and disposal thereof and the approval and execution of contracts for the purchase, sale, lease, license, or acquisition of commodities, goods, equipment, contractual services, leases of real and personal property, and construction. The acquisition may include purchase by installment or lease-purchase. Such contracts may provide for payment of interest on the unpaid portion of the purchase price. Title to all real property shall be vested in the local university board of trustees.
(ii) The Board of Governors shall develop guidelines for university boards of trustees relating to the use, maintenance, protection, and control of university-owned or university-controlled buildings and grounds, property and equipment, name, trademarks and other proprietary marks, and the financial and other resources of the university. Such authority may include placing restrictions on activities and on access to facilities, firearms, food, tobacco, alcoholic beverages, distribution of printed materials, commercial solicitation, animals, and sound. The authority provided the board of trustees in this subsection includes the prioritization of the use of space, property, equipment, and resources and the imposition of charges for those items.
(g) Cooperation with other boards. The Board of Governors shall implement a plan for working on a regular basis with the State Board of Education, the university boards of trustees, representatives of the community college boards of trustees, representatives of the private colleges and universities, and representatives of the district school boards to achieve a seamless education system.
(h) The Board of Governors is prohibited from assessing any fee on state universities, unless specifically authorized by law.
(i) The Board of Governors shall adopt rules to establish the criteria for assigning, reviewing and removing limited-access status to an educational program. The Board of Governors shall monitor the extent of limited-access programs within the state universities and report to the Legislature admissions and enrollment data for limited-access programs. Such report shall be submitted annually by December 1 and shall assist in determining the potential need for academic program contracts with independent institutions. The report must specify, for each limited-access program within each institution, the following categories, by race and gender:
(i) The number of applicants.
(ii) The number of applicants granted admission.
(iii) The number of applicants who are granted admission and enroll.
(iv) The number of applicants denied admission.
(v) The number of applicants neither granted admission nor denied admission.
Each category must be reported for each term. Each category must be reported by type of student, including the following subcategories: native students, community college associate in arts degree transfer students, and other students. Each category and subcategory must further be reported according to the number of students who meet or exceed the minimum eligibility requirements for admission to the program and the number of students who do not meet or exceed the minimum eligibility requirements for admission to the program.
(j) The Board of Governors shall review, and approve or disapprove, state university baccalaureate-degree programs that exceed one hundred twenty (120) semester hours, after considering accreditation requirements, employment and earnings of graduates, comparative program lengths nationally, and comparisons with similar programs offered by independent institutions. By December 31 of each year, the Board of Governors must report to the Legislature any degrees in the state universities that require more than one hundred twenty (120) hours, along with appropriate evidence of need. At least every five (5) years, the Board of Governors must determine whether the programs will require more than the standard length of one hundred twenty (120) hours.
(k) The Board of Governors shall adopt a system-wide strategic plan that specifies goals and objectives for the universities. In developing this plan, the Board of Governors, shall consider the role of individual state universities. The plan shall provide for the roles of the state universities to be coordinated to best meet state needs and reflect cost-effective use of state resources. The strategic plan must clarify mission statements and identify degree programs to be offered at each state university in accordance with the objectives provided in this subsection. The system-wide strategic plan must cover a period of five (5) years, with modification of the program lists after two (2) years. Development of each five-year plan must be coordinated with and initiated after completion of the master plan. The system-wide state universities strategic plans must specifically include programs and procedures for responding to the educational needs of teachers and students in the public schools of this state. The Board of Governors shall submit a report to the President of the Senate and the Speaker of the House of Representatives upon modification of the system plan.
(l) The Board of Governors shall:
(i) Establish criteria for making recommendations concerning all proposals for the establishment of additional centers or campuses for state universities.
(ii) Adopt and submit to the Legislature a three-year list of priorities for fixed-capital-outlay projects for state universities.
(m) The Board of Governors shall prescribe minimum standards, definitions and guidelines for state universities that will ensure the quality of education, coordination among the state universities, and efficient progress toward accomplishing the state university mission. At a minimum, these rules must address:
(i) Provisions for curriculum development, graduation requirements, college calendars and program service areas. The provisions must include rules that:
1. Require all of the credits accepted for the associate in arts degree to be in the statewide course numbering system as credits toward a baccalaureate degree offered by a state university.
2. Require no more than thirty-six (36) semester credit hours in general education courses in the subject areas of communication, mathematics, social sciences, humanities and natural sciences.
(ii) Reports, surveys and information systems, including forms and dates of submission.
(4) Chancellor of State University System; general powers and duties. The Chancellor of the State University System is responsible for giving full assistance to the Board of Governors in enforcing compliance with the mission and goals of the state universities. To facilitate innovative practices and to allow local selection of educational methods, the Board of Governors may authorize the chancellor to waive, upon the request of a state university, Board of Governor rules that relate to university instruction and operations, except those rules pertaining to civil rights, and student health and safety. The chancellor is not authorized to grant waivers for any provisions in rule pertaining to the allocation and appropriation of state and local funds for state universities; graduation and state accountability standards; financial reporting requirements; public meetings; public records; or due process hearings. No later than January 1 of each year, the chancellor shall report to the Legislature and the State Board of Education all approved waiver requests in the preceding year. Additionally, the chancellor has the following general powers and duties:
(a) To appoint staff necessary to carry out his powers and duties.
(b) To advise and counsel with the Board of Governors on all matters pertaining to education; to recommend to the Board of Governors actions and policies as, in the chancellor's opinion, should be acted upon or adopted; and to execute or provide for the execution of all acts and policies as are approved.
(c) To keep such records as are necessary to set forth clearly all acts and proceedings of the Board of Governors.
(d) To have a seal for his office with which, in connection with his own signature, the chancellor shall authenticate true copies of decisions, acts or documents.
(e) To submit to the Board of Governors, on or before August 1 of each year, recommendations for a State University System budget that estimates the expenditures for state universities for the ensuing fiscal year.
(f) To recommend policies for administering funds that are appropriated by Congress and disbursed to the State University System.
(g) The chancellor's office shall operate all statewide functions necessary to support the Board of Governors and the State University System, including strategic planning and budget development, general administration, and assessment and accountability.
(h) Cooperate with and coordinate responses to requests from the members of the Legislature.
(i) Serve as the primary source of information to the Legislature, including the President of the Senate and the Speaker of the House of Representatives, concerning the Board of Governors and the State University System.
(j) Develop and implement a process for receiving and processing requests, in conjunction with the Legislature, for the allocation of funds for State University System projects.
(k) Monitor the activities of the Board of Governors and provide information related to current and pending policies to the members of the boards of trustees of the state universities.
(l) Ensure the timely provision of information requested by the Legislature from the Board of Governors and the chancellor's office.
(m) The chancellor shall recommend to the Board of Governors performance goals addressing the educational needs of the State University System.
(n) Notwithstanding any other provision of law to the contrary, the chancellor, in conjunction with the Legislature, must recommend funding priorities for the distribution of capital outlay funds for the state universities, based on priorities that include, but are not limited to, the following criteria:
(i) Growth at the institutions.
(ii) Need for specific skills statewide.
(iii) Need for maintaining and repairing existing facilities.
(iv) Improvements in quality.
(o) The chancellor shall develop and implement an integrated information system for educational management for the State University System.
(p) The chancellor is responsible for implementing and maintaining a system of university improvement and education accountability.
(5) University boards of trustees; membership. (a) Pursuant to Section 213A, Mississippi Constitution of 1890, each local constituent university shall be administered by a university board of trustees comprised of seven (7) members as follows: four (4) citizen members appointed by the Governor subject to confirmation by the Senate and three (3) citizen members appointed by the Board of Governors subject to confirmation by the Senate. The chair of the faculty senate, or the equivalent, and the president of the student body of the university shall serve as nonvoting members of the university board of trustees. The appointed members shall serve staggered five-year terms. In order to achieve staggered terms, beginning July 1, 2011, of the initial appointments by the Governor, two (2) members shall serve three-year terms, three (3) members shall serve four-year terms, and two (2) members shall serve five-year terms. There shall be no state residency requirement for university board members, but the Governor and the Board of Governors shall consider diversity and regional representation.
(b) Members of the boards of trustees shall receive no compensation but may be reimbursed for travel and per diem expenses as provided by law.
(c) University boards of trustees are a part of the executive branch of state government.
(d) Each board of trustees shall be a public body corporate by the name of "The (name of university) Board of Trustees," with all the powers of a body corporate, including the power to adopt a corporate seal, to contract and be contracted with, to sue and be sued, to plead and be impleaded in all courts of law or equity, and to give and receive donations. In all suits against a board of trustees, service of process shall be made on the chair of the board of trustees or, in the absence of the chair, on the corporate secretary or designee.
(e) The corporation is constituted as a public instrumentality, and the exercise by the corporation of the power conferred by this section is considered to be the performance of an essential public function.
(6) Powers and duties of university boards of trustees.
(a) General provisions.
(i) The boards of trustees shall be responsible for cost-effective policy decisions appropriate to the university's mission, the implementation and maintenance of high-quality education programs pursuant to legislative appropriation and within the law and guidelines of the Board of Governors, the measurement of performance, the reporting of information, and the provision of input regarding state policy, budgeting, and education standards.
(ii) Each board of trustees is vested with the authority and may adopt rules and regulations to govern its university as necessary to provide proper governance and improvement of the university in accordance with law and subject to guidelines adopted by the Board of Governors.
(iii) Each board of trustees shall perform all duties assigned by law or by the Board of Governors.
(b) Powers and duties relating to organization and operation of state universities.
(i) Each board of trustees constitutes the contracting agent of the university for the procurement of professional services and may approve and execute all contracts for planning, construction and equipment.
(ii) Each board of trustees shall submit to the Board of Governors, for approval, all new campuses and instructional centers.
(iii) Each board of trustees has responsibility for requiring no more than one hundred twenty (120) semester hours of coursework for baccalaureate degree programs unless approved by the Board of Governors, as provided in subsection (3)(j).
(iv) Each board of trustees has responsibility for ensuring that students have access to general education courses in the statewide articulation agreement necessary to satisfy university requirements, pursuant to Section 37-101-28.
(v) Each board of trustees shall adopt a written antihazing policy, appropriate penalties for violations of such policy, and a program for enforcing such policy.
(vi) Each board of trustees shall establish a uniform code of conduct and appropriate penalties for violations of its rules by students and student organizations, including rules governing student academic honesty. Such penalties, unless otherwise provided by law, may include reasonable fines, the withholding of diplomas or transcripts pending compliance with rules or payment of fines, and the imposition of probation, suspension or dismissal.
(vii) Each board of trustees is authorized to create divisions of sponsored research pursuant to the provisions of guidelines of the Board of Governors to serve the function of administration and promotion of the programs of research.
(viii) Each board of trustees may develop and produce work products relating to educational endeavors that are subject to trademark, copyright or patent statutes.
(ix) Each board of trustees shall develop guidelines and procedures related to data and technology, including information systems, communications systems, computer hardware and software, and networks.
(x) Each board of trustees shall govern traffic on its campus.
(xi) Each board of trustees may certify direct-support organizations to use university property and services in accordance with guidelines of the Board of Governors.
(c) Powers and duties relating to finance.
(i) Each board of trustees shall account for expenditures of all state, local, federal and other funds. Such accounting systems shall have appropriate audit and internal controls in place that will enable the university to satisfactorily and timely perform all accounting and reporting functions required by the State Auditor.
(ii) Each board of trustees shall submit an institutional budget request, including a request for fixed capital outlay, and an operating budget to the Board of Governors for approval in accordance with guidelines established by the Board of Governors.
(iii) To the extent delegated by the Legislature, each board of trustees shall establish tuition and fees for its constituent university. Each board of trustees may establish tuition and mandatory attendance fee amounts applicable to resident students at universities under its supervision and management and, effective July 1, 2011, may adjust such tuition and mandatory fee amounts at a rate not to exceed three percent (3%) annually if the tuition and mandatory fee amount in effect for the university is ten percent (10%) or less below the average or median tuition and mandatory fee amount of the university's peers, at a rate not to exceed four percent (4%) annually if the tuition and mandatory fee amount in effect for the university is more than ten percent (10%) but less than twenty percent (20%) below the average or median tuition and mandatory fee amount of the university's peers, or at a rate not to exceed five percent (5%) annually if the tuition and mandatory fee amount in effect for the university is twenty percent (20%) or more below the average or median tuition and mandatory fee amount of the university's peers. The Board of Governors of the State University System shall establish guidelines on the use of data available from the Southern Regional Education Board and other national sources in determining appropriate university peers and peer average or median tuition and mandatory fee rates. Such guidelines shall be adopted after consultation and coordination with the Legislature. The authority granted each board of trustees by this subparagraph to establish tuition and mandatory fee amounts shall include the authority to establish proportional amounts applicable to part-time students and to students enrolled for summer and intersession terms. Prior to imposing any increase or increases in tuition or mandatory attendance fee amounts, or both, established pursuant to the provision of this subparagraph, each board of trustees shall establish criteria for waivers of such increase or increases in cases of financial hardship. Information about such waivers and the criteria and procedures for obtaining a waiver shall be made available to all prospective students affected by the increase or increases in a timely manner such that the prospective student can be aware of the increase or increases and the availability of waivers prior to the student making any final decision concerning attendance at the college or university.
(iv) Each board of trustees is authorized to secure comprehensive general liability insurance.
(v) Each board of trustees may provide for payment of the costs of civil actions against officers, employees, or agents of the board pursuant to The Tort Claims Act.
(vi) Each board of trustees may enter into agreements for, and accept, credit card payments as compensation for goods, services, tuition and fees.
(d) Powers and duties relating to accountability.
(i) Each board of trustees shall develop a strategic plan specifying institutional goals and objectives for the university for recommendation, review and comment by the Board of Governors.
(ii) Each board of trustees shall develop an accountability plan pursuant to guidelines established by the Board of Governors.
(iii) Each board of trustees shall maintain an effective information system to provide accurate, timely, and cost-effective information about the university.
(e) Powers and duties relating to personnel. Each board of trustees shall establish the personnel program for all employees of the university, including the president. The board of trustees may contract with all university employees, including the president, deans, professors, instructors and administrative staff for a period not exceeding four (4) years.
(f) Powers and duties relating to property.
(i) Each board of trustees shall have the authority to acquire real and personal property and contract for its sale and disposal and approve and execute contracts for the purchase, sale, lease, license, or acquisition of commodities, goods, equipment, contractual services, leases of real and personal property, and construction in accordance with law and guidelines of the Board of Governors. The acquisition may include purchase by installment or lease-purchase. Such contracts may provide for payment of interest on the unpaid portion of the purchase price. Title to all real property acquired prior to July 1, 2011, and to all real property acquired with funds appropriated by the Legislature shall be vested in the board of trustees and shall be transferred and conveyed by it.
(ii) Each board of trustees shall have responsibility for the use, maintenance, protection, and control of university-owned or university-controlled buildings and grounds, property and equipment, name, trademarks and other proprietary marks, and the financial and other resources of the university pursuant to guidelines of the Board of Governors. Such authority may include placing restrictions on activities and on access to facilities, firearms, food, tobacco, alcoholic beverages, distribution of printed materials, commercial solicitation, animals and sound. The authority vested in the board of trustees in this subsection includes the prioritization of the use of space, property, equipment, and resources and the imposition of charges for those items.
(iii) Each board of trustees shall administer a program for the maintenance, renovation and construction of facilities.
(iv) Each board of trustees may exercise the right of eminent domain pursuant to the provisions of law. Any suits or actions brought by the board of trustees shall be brought in the name of the board of trustees.
(v) Each board of trustees may sell, convey, transfer, exchange, trade, or purchase real property and related improvements necessary and desirable to serve the needs and purposes of the university.
(vi) Each board of trustees may secure appraisals and surveys. Whenever the board of trustees finds it necessary for timely property acquisition, it may contract with one or more appraisers.
(vii) Each board of trustees may negotiate and enter into an option contract before an appraisal is obtained. The option contract must state that the final purchase price may not exceed the maximum value allowed by law. The consideration for such an option contract may not exceed ten percent (10%) of the estimate obtained by the board of trustees or ten percent (10%) of the value of the parcel, whichever is greater, unless otherwise authorized by the board of trustees.
(viii) A board of trustees may authorize the rent or lease of parking facilities, provided that such facilities are funded through parking fees or parking fines imposed by a university. With authorization from the Board of Governors, a board of trustees may charge fees for parking at such rented or leased parking facilities.
(ix) Each board of trustees shall adjust property records and dispose of state-owned tangible property in the university's custody in accordance with procedures established by the board of trustees. All monies received from the disposition of state-owned tangible personal property shall be retained by the university and disbursed for the acquisition of tangible personal property and for all necessary operating expenditures. The university shall maintain records of the accounts into which such monies are deposited.
(g) University board empowered to act as trustee.
(i) Whenever appointed by any competent court of the state, or by any statute, or in any will, deed, or other instrument, or in any manner whatever as trustee of any funds or real or personal property in which any of the institutions or agencies under its management, control, or supervision, or their departments or branches or students, faculty members, officers, or employees, may be interested as beneficiaries, or otherwise, or for any educational purpose, a university board of trustees is hereby authorized to act as trustee with full legal capacity as trustee to administer such trust property, and the title thereto shall vest in said board as trustee. In all such cases, the university board of trustees shall have the power and capacity to do and perform all things as fully as any individual trustee or other competent trustee might do or perform, and with the same rights, privileges, and duties, including the power, capacity, and authority to convey, transfer, mortgage, or pledge such property held in trust and to contract and execute all other documents relating to said trust property which may be required for, or appropriate to, the administration of such trust or to accomplish the purposes of any such trust.
(ii) Deeds, mortgages, leases, and other contracts of the university board of trustees relating to real property of any such trust or any interest therein may be executed by the university board of trustees, as trustee, in the same manner as is provided by the laws of the state for the execution of similar documents by other corporations or may be executed by the signatures of a majority of the members of the board of trustees; however, to be effective, any such deed, mortgage, or lease contract for more than ten (10) years of any trust property, executed hereafter by the university board of trustees, shall be approved by a resolution of the Board of Governors; and such approving resolution may be evidenced by the signature of either the chair or the secretary of the Board of Governors to an endorsement on the instrument approved, reciting the date of such approval, and bearing the seal of the Board of Governors. Such signed and sealed endorsement shall be a part of the instrument and entitled to record without further proof.
(iii) Any and all such appointments of, and acts by, the Board of Trustees of State Institutions of Higher Learning as trustee of any estate, fund, or property prior to July 1, 2011, are hereby validated, and said board's capacity and authority to act as trustee in all of such cases is ratified and confirmed; and all deeds, conveyances, lease contracts, and other contracts heretofore executed by the Board of Trustees of State Institutions of Higher Learning, either by the signatures of a majority of the members of the board or in the board's name by its chair or chief executive officer, are hereby approved, ratified, confirmed and validated.
(iv) Nothing herein shall be construed to authorize a university board of trustees to contract a debt on behalf of, or in any way to obligate, the state; and the satisfaction of any debt or obligation incurred by the university board as trustee under the provisions of this section shall be exclusively from the trust property, mortgaged or encumbered.
(h) Compliance with laws, rules, regulations and requirements. Each board of trustees has responsibility for compliance with state and federal laws, rules, regulations and requirements.
(i) Other powers and duties. A board of trustees shall perform such other duties as are provided by law or at the direction of the Board of Governors. If the Board of Governors has the power to, and does, delegate a power or duty to a university board of trustees as the designee, the rulemaking authority of the Board of Governors for that power or duty is included in the delegation.
(7) University presidents; powers and duties. The president is the chief executive officer of the state university, shall be corporate secretary of the university board of trustees, and is responsible for the operation and administration of the university. Each state university president shall:
(a) Recommend the adoption of rules, as appropriate, to the university board of trustees to implement provisions of law governing the operation and administration of the university, which shall include the specific powers and duties enumerated in this section. Such rules shall be consistent with the mission of the university and the rules and polities of the Board of Governors.
(b) Establish and implement policies and procedures to recruit, appoint, transfer, promote, compensate, evaluate, reward, demote, discipline and remove personnel, within law and the rules of the Board of Governors and in accordance with rules or policies approved by the university board of trustees.
(c) Govern admissions, subject to law and the rules or policies of the university board of trustees and the Board of Governors.
(d) Approve, execute and administer contracts for and on behalf of the university board of trustees for licenses; the acquisition or provision of commodities, goods, equipment and services; leases of real and personal property; and planning and construction to be rendered to or by the university, provided such contracts are within law and the rules of the Board of Governors and in conformance with policies of the university board of trustees, and are for the implementation of approved programs of the university. University presidents shall comply with the provisions of law for the procurement of professional services and may approve and execute all contracts on behalf of the board of trustees for planning, construction and equipment.
SECTION 10. Section 37-101-16, Mississippi Code of 1972, is amended as follows:
37-101-16. The Board of * * *
Governors of the State University System shall develop a system of
manpower * * *
information which shall be implemented in all institutions under the
control of the board. The manpower management system shall be so designed to
insure accurate and rapid reporting of all manpower positions within each
institution by job classification to include position number and title, grade,
salary and fringe benefits, name of incumbent, social security number and date
of hire.
SECTION 11. Section 37-101-19, Mississippi Code of 1972, is amended as follows:
37-101-19. The Board of * * *
Governors of the State University System is hereby authorized and
empowered to establish and maintain a marine research laboratory on lands
belonging to the State of Mississippi, said lands being a part of the Magnolia
State Park in Jackson County, Mississippi, and to be assigned for the use of
such laboratory by the Mississippi Department of Marine Resources.
The marine research
laboratory may, in the discretion of the Board of * * *
Governors of the State University System, be operated by the Mississippi
Academy of Science, Inc., under the supervision and control of the Board of * * *
Governors of the State University System.
The Board of * * *
Governors of the State University System is hereby authorized and
empowered to expend annually out of its regular appropriation for the support
and maintenance of institutions of higher learning a sum not exceeding Five
Thousand Dollars ($5,000.00) for the support and maintenance of the marine
research laboratory.
SECTION 12. Section 37-101-21, Mississippi Code of 1972, is amended as follows:
37-101-21. A body politic and corporate is hereby created under the name of Gulf Coast Research Laboratory, to have perpetual succession, with powers to contract and be contracted with; to receive and acquire, by any legal method, property of any description, necessary or convenient for its operation, and to hold, employ, use and convey the same; to adopt and use a corporate seal; and to adopt bylaws, rules and regulations for the government of the same, its employees, officials, agents, and members.
The object and purposes of the Gulf Coast Research Laboratory shall be to promote the study and knowledge of science including the natural resources of the State of Mississippi and to provide for the dissemination of research findings and specimens from the Gulf Coast area.
The Gulf Coast Research
Laboratory shall be under the control and supervision of the Board of * * *
Governors of the State University System, and the powers of said
laboratory shall be vested in and its duties performed by said board.
The laboratory shall be
located at some appropriate place within the state and on the Gulf of Mexico to
be determined by the Board of * * *
Governors of the State University System.
It shall be the duty of the
board of * * * Governors of the State
University System to appoint or elect a director for said laboratory,
determine the number of instructors, assistants and other employees and fix
their compensation, and in cooperation with the Mississippi Academy of Science,
prescribe rules, regulations, and policies governing the operation of the
institution, qualifications of instructors and employees and for the admission
of students, and for the direction of research programs.
SECTION 13. Section 37-101-23, Mississippi Code of 1972, is amended as follows:
37-101-23. (1) The
Mississippi Small Farm Development Center, which shall be referred to in this
section as the SFDC, is established under the management and control of the
Board of * * * Governors of the State University
System. The principal offices of the SFDC shall be located at Alcorn State
University and shall be under the direction of the president of the university
subject to the governance of the Board of * * * Governors of the State University
System. The president shall appoint a director of the SFDC who shall
recommend to the president necessary professional and administrative staff of
the center, all subject to the approval of the Board of * * * Governors of the State University
System.
(2) It shall be the function and duty of the SFDC to:
(a) Develop a system to deliver management and technical assistance to small farms utilizing the resources of local, state and federal government programs, various segments of the private sector, and universities and colleges throughout the state;
(b) Make management and technical assistance available to small farms by linking together with the above resources;
(c) Research and develop small farm opportunities for new or alternative crops;
(d) Develop a clearinghouse for the collection and dissemination of agricultural and economic data; and
(e) Assist small farms in developing more efficient marketing and distribution channels, including foreign trade marketing.
SECTION 14. Section 37-101-27, Mississippi Code of 1972, is amended as follows:
37-101-27. (1) There is created within the Working Cash-Stabilization Reserve Fund in the State Treasury a trust to be known as the Ayers Endowment Trust, which shall be used as provided in this section. On July 1, 1997, Fifteen Million Dollars ($15,000,000.00) in the Working Cash-Stabilization Reserve Fund shall be set aside and placed in the Ayers Endowment Trust.
(2) The principal of the Ayers Endowment Trust shall remain inviolate within the Working Cash-Stabilization Reserve Fund, and shall be invested in the same manner as the remainder of the Working Cash-Stabilization Reserve Fund.
(3) The interest and income
earned from the investment of the principal of the Ayers Endowment Trust shall
be appropriated by the Legislature to the Board of * * *
Governors of the State University System for the benefit of Jackson
State University, Alcorn State University and Mississippi Valley State
University, the historically black institutions of higher learning in
Mississippi, with one-third (1/3) of the amount of the interest and income
earned being allocated for the benefit of each of those universities. The
money allotted for each university shall be used for continuing educational
enhancement and racial diversity, including recruitment of white students and
scholarships for white applicants.
(4) The creation of the Ayers Endowment Trust and the appropriation of the interest and income for the purposes specified in this section shall be to comply with the order of the United States District Court in the case of Ayers v. Fordice, 879 F.Supp. 1419 (N.D. Miss. 1995), with regard to Jackson State University and Alcorn State University, and to provide Mississippi Valley State University with an equal amount of funding for the same purposes as for the other historically black institutions of higher learning.
(5) If the United States
District Court for the Northern District of Mississippi approves and directs
the implementation of a settlement agreement in the case of Ayers v.
Musgrove (Civil Action No. 4:75CV9-B-D, in the United States District Court
for the Northern District of Mississippi), and if the agreement becomes final
and effective according to its terms (including, but not limited to, the
exhaustion of all rights of appeal) before the first day of the 2005 Regular
Session of the Legislature, there shall be created in the State Treasury a fund
to be known as the Ayers Settlement Fund. Monies deposited into the Ayers
Settlement Fund under Section 27-103-203(2) shall be appropriated by the
Legislature to the Board of * * *
Governors of the State University System for the purpose of establishing
a public endowment for the benefit of Jackson State University, Alcorn State
University and Mississippi Valley State University in compliance with the
settlement agreement.
(6) If the Ayers Settlement Fund is created under subsection (5) of this section, subsection (1) through (4) of this section shall be repealed when the Ayers Endowment Trust reaches Zero Dollars ($0.00) in accordance with Section 27-103-203(3).
SECTION 15. Section 37-101-29, Mississippi Code of 1972, is amended as follows:
37-101-29. Each institution
of higher learning with a teacher education program approved by the State Board
of Education shall prepare and submit to the State Board of Education and to
the Board of * * * Governors of the State
University System an annual performance report on the institution's teacher
education program. The report shall include the following information:
(a) Teacher enrollment data;
(b) Professional education faculty data;
(c) Characteristics of students receiving initial licensure;
(d) Number and percentage of program completers scoring at or above the proficiency level on the prescribed teacher education exit tests;
(e) Satisfaction rate of employers and graduates;
(f) Follow-up profiles of graduates of the teacher education program; and
(g) Any other
information required by the State Board of Education. Before requiring any
other information, the State Board of Education shall conduct collaborative
planning activities with the Mississippi Association of Colleges of Teacher
Education and the Board of * * *
Governors of the State University System.
The State Department of Education, in collaboration with the Mississippi Association of Colleges of Teacher Education and the Board of Trustees of State Institutions of Higher Learning, shall prepare a common form for the preparation and submission of the annual performance reports. The State Department of Education shall establish the date by which such reports must be submitted to the board. No later than sixty (60) days after the deadline date established for the submission of reports, the department shall submit a compilation of all annual performance reports received from the state institutions of higher learning to the Chairmen of the Education Committees of the House of Representatives and the Senate.
SECTION 16. Section 37-101-30, Mississippi Code of 1972, is amended as follows:
37-101-30. (1) The Legislature finds and declares that a compelling state interest exists in providing a retirement incentive program or encouraging the retirement of those employees of institutions of higher learning who are current and active contributing members of the Public Employees' Retirement System.
(2) As used in this section:
(a) "Board"
means the Board of * * * Governors of
the State University System.
(b) "Program" means the retirement incentive program established under this section.
(3) (a) The board is authorized to pay, in fiscal years selected by the board, a monetary incentive to employees who are eligible for retirement in exchange for a voluntary agreement of the employee:
(i) To retire on a specific date as set forth in subsection (6) of this section, and
(ii) To waive any and all claims, known or unknown, arising out of or related to employment or cessation of employment at institutions of higher learning.
(b) The granting of additional compensation shall be made in exchange for additional consideration given by the employee.
(c) The retirement incentive authorized by this section is a voluntary plan for institutions of higher learning faculty and staff offering an incentive for retirement. The plan shall be available to all full-time faculty and staff who meet the eligibility criteria set forth in subsection (4) of this section.
(4) (a) To be eligible to participate in the program, full-time faculty and staff of institutions of higher learning must, as of the effective date of their retirement, be eligible to retire under the laws governing the Public Employees' Retirement System by virtue of:
(i) Having twenty-five (25) years of creditable service, or
(ii) Being age sixty (60) and having at least four (4) years of creditable service.
(b) The institution of higher learning offering the program shall, in all cases, utilize the records of the Public Employees' Retirement System as the source for determining eligibility.
(c) The program is offered as an alternative to any other retirement incentive plan that may be offered by the state or the Public Employees' Retirement System in the future.
(5) In accordance with applicable law, the institution of higher learning shall provide a cash benefit to each participant in the program based upon a percentage of the participant's current salary that is subject to federal income tax, state income tax and Federal Insurance Contributions Act withholding. The participant shall be compensated for unused annual leave as otherwise provided by law. The cash benefit paid under this section shall not be subject to employer or employee contributions under the laws governing the Public Employees' Retirement System.
(6) Eligible employees shall make their election to participate in the program in the manner and at the time prescribed by the board. The date of retirement for all employees participating in this program shall be June 30 of any fiscal year in which the program is offered. Employees electing to participate in the program shall agree to waive any claims, known or unknown, arising out of or related to employment or cessation of employment at institutions of higher learning. An employee may revoke the election to participate in the program within seven (7) days after the execution of the election.
(7) The additional compensation authorized under the program is made in exchange for additional consideration given by the employee.
(8) The board shall prescribe such rules and regulations as it shall consider necessary to carry out the purposes of this section.
SECTION 17. Section 37-103-1, Mississippi Code of 1972, is amended as follows:
37-103-1. The board of
trustees of each community/junior college in this state, the board of
trustees of * * * the local constituent
universities in the state, and the administrative authorities of each
institution governed by said boards, in ascertaining and determining the legal
residence of and tuition to be charged any student applying for admission to
such institutions shall be governed by the definitions and conditions set forth
in Sections 37-103-1 through 37-103-23 and Section 37-101-15(6)(c)(iii).
SECTION 18. Section 37-103-25, Mississippi Code of 1972, is amended as follows:
37-103-25. (1) The board
of trustees of * * * the local constituent
universities in the state and the * * * Mississippi Community College Board are authorized
to prescribe the amount of tuition and fees to be paid by students attending
the several state-supported institutions of higher learning and community
colleges and junior colleges of the State of Mississippi, subject to the
conditions prescribed in Section 37-101-15(6)(c)(iii).
(2) Except as otherwise
provided in this subsection and * * * in
Section 37-101-15(6)(c)(iii), the total tuition to be paid by residents of
other states shall not be less than the average cost per student from
appropriated funds. However, the tuition to be paid by a resident of another
state shall be equal to the tuition amount established under subsection (1) of
this section if:
(a) The nonresident student is either a veteran, as defined by Title 38 of the United States Code, or a person entitled to education benefits under Title 38 of the United States Code. This paragraph (a) shall be administered and interpreted in the manner necessary to obtain or retain approval of courses of education by the Secretary of the United States Department of Veterans Affairs;
(b) The nonresident student is an evacuee of an area affected by Hurricane Katrina or Hurricane Rita. This waiver shall be applicable to the 2005-2006 school year only; or
(c) The nonresident student's out-of-state tuition was waived according to subsection (3) or (4) of this section.
(3) The Board of Trustees of State Institutions of Higher Learning may, in its discretion, consider and grant requests to approve institution specific policies permitting the waiver of out-of-state tuition when such an official request is made by the president or chancellor of the institution and when such request is determined by the board to be fiscally responsible and in accordance with the educational mission of the requesting institution.
(4) The board of trustees of any community college or junior college may develop and implement a policy for waiving out-of-state tuition for the college if the policy is determined by the board to be in accordance with the educational mission of the college and if a local industry or business or a state agency agrees to reimburse the college for the entire amount of the out-of-state tuition that will be waived under the policy. State funds shall be allocated and spent only on students who reside within the State of Mississippi. However, associate degree nursing students who reside outside the State of Mississippi may be counted for pay purposes.
SECTION 19. This act shall take effect and be in force on July 1, 2016, but only in the event that Senate Concurrent Resolution No. ___, 2016 Regular Session, providing for the establishment of a State University System in the State of Mississippi, is approved by the electorate in a referendum held in November 2016, as certified by the Secretary of State.