MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Education; Accountability, Efficiency, Transparency

By: Senator(s) DeBar

Senate Bill 2274

AN ACT TO AMEND SECTION 37-3-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO RECEIVE, EXPEND AND USE DONATIONS WHICH SHALL NOT LAPSE AT THE END OF A FISCAL YEAR; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-3-5, Mississippi Code of 1972, is amended as follows:

     37-3-5.  (1)  The State Department of Education is * * *hereby charged with the execution of all laws relating to the administrative, supervisory and consultative services to the public schools and agricultural high schools of the school districts throughout the State of Mississippi.  The State Department of Education is also authorized to grant property to public school districts and agricultural high schools of the State of Mississippi.

     (2)  Subject to the direction of the State Board of Education as provided by law, the administration, management and control of the department is * * *hereby vested in the State Superintendent of Public Education, who shall be directly responsible for the rightful functioning thereof.

     (3)  The State Department of Education may receive, expend and use a contribution, donation, gift, bequest of money, other form of financial assistance, property, equipment, materials or

manpower from persons, foundations, trusts, corporations, organizations and other sources, public or private, in accordance with the conditions prescribed by the donor unless the contribution, donation, gift, bequest of money, other form of financial assistance, property, equipment, materials or

manpower is subject to a condition that is contrary to any provision of law.  At the end of each fiscal year, the State Department of Education shall carry over all remaining contributions, donations, gifts, bequests of money, other forms of financial assistance, property, equipment, materials or manpower, or the value thereof, to the following year with no effect on the State Department of Education's budgetary appropriations.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2020.