House Bill 691

AN ACT TO AMEND SECTION 43-5-1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ESTABLISH A PRIVATE FOUNDATION OR NONPROFIT CORPORATION FOR THE PURPOSE OF ENGAGING IN FUNDRAISING ACTIVITIES AND RECEIVING AND DISBURSING NONPUBLIC FUNDS FOR THE BENEFIT OF THE MISSISSIPPI SCHOOL FOR THE BLIND; TO AMEND SECTION 43-5-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE BOARD TO INCLUDE FINANCIAL DATA ON THE FOUNDATION OR NONPROFIT CORPORATION IN ITS ANNUAL LEGISLATIVE REPORT ON THE SCHOOLS FOR THE BLIND AND THE DEAF; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-5-1, Mississippi Code of 1972, is amended as follows:

43-5-1. (1) The State Board of Education shall be the Board of Trustees of the Mississippi School for the Deaf and the Mississippi School for the Blind and shall retain all powers and duties granted by law to the Board of Trustees of the Mississippi School for the Deaf and the Mississippi School for the Blind. Wherever the term Board of Trustees of the Mississippi School for the Deaf and Mississippi School for the Blind appears in any law, the same shall mean the State Board of Education.

(2) The provisions of this section shall not be construed to require any consolidation or combination of the Mississippi School for the Deaf and the Mississippi School for the Blind other than where economies can be realized through the common utilization of maintenance personnel and equipment, physical facilities, vehicles and administrative personnel, where the same can be done without impairment of the effectiveness of the educational programs of the two (2) institutions or the welfare of the students.

(3) The provisions of this section shall not be construed to require any consolidation of services involving curriculum or instructional programs of the two (2) institutions.

(4) The State Board of Education, on behalf of each of these institutions, shall have the power to receive and hold property, real and personal, and to accept and use as provided by law, separate from the needs of the other institutions, all bequests, devices and donations made or which may in the future be made to or for it, and shall continue to enjoy the rights and privileges heretofore conferred upon it by law and such as are necessary now, or hereafter, to accomplish the purposes of its own establishment and operation and maintenance hereunder, provided that the same be not inconsistent with or in conflict with this chapter.

(5) The State Board of Education may form and establish a private foundation or nonprofit corporation for the purpose of generating revenue to help defray costs incurred in the operation and maintenance of the Mississippi School for the Blind. The private foundation or nonprofit corporation may engage in fundraising activities on behalf of the school and receive and disburse funds generated by those activities and from bequests, devices and any other donations made to the Mississippi School for the Blind. The private foundation or nonprofit corporation shall adopt guidelines for the disbursement of funds and shall be subject to the reporting requirements of Section 43-5-11. All funds held by the private foundation or nonprofit corporation must remain with the foundation or nonprofit corporation until disbursement and may not be transferred to the State General Fund. Public funds may not be deposited into the account of the private foundation or nonprofit corporation established for the benefit of the Mississippi School for the Blind, and the Legislature may not appropriate any State General Fund or Special Fund monies to the private foundation or nonprofit corporation. All monies received by the private foundation or nonprofit corporation must be maintained separately from funds allocated to the State Board of Education for operating and administrative costs associated with the Mississippi School for the Blind. A private foundation or nonprofit corporation established for the benefit of the Mississippi School for the Blind is subject to annual financial audits by the State Auditor and by auditors of donors in the same manner as required for state agencies.

SECTION 2. Section 43-5-11, Mississippi Code of 1972, is amended as follows:

43-5-11. The State Board of Education shall make a report to every * * * ~~annual term~~ regular session of the Legislature, showing the needs and condition and status of the School for the Blind and the School for the Deaf. Such report to the Legislature shall show how the money appropriated to the schools has been expended during the preceding year, beginning and ending with the fiscal year of each school, and must include a detailed financial statement of all monies received and expended by any private foundation or nonprofit corporation established for the benefit of the Mississippi School for the Blind under Section 43-5-1. Such report shall exhibit the salaries paid to teachers, officers and employees and each and every item of receipt and expenditure. Each report shall be balanced and shall begin with the balance at the end of the preceding fiscal year. If any property belonging to the state or either school is used for profit, such report shall show the expenses incurred in managing the property and the amount received from the same. Such report shall also show a summary of the gross receipts and gross disbursements for each fiscal year and shall show the money on hand at the beginning of the fiscal period of each school preceding each session of the Legislature and the necessary amount of expenses to be incurred from * * *~~said~~ the date of the report to January 1 next following.

SECTION 3. This act shall take effect and be in force from and after July 1, 2019.