MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Education

By: Senator(s) Blount, Horhn, Norwood, Jackson, Thomas, Hickman, Simmons (13th), Butler (36th)

Senate Bill 2164

AN ACT TO AMEND SECTION 37-7-473, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT, IN ADDITION TO OTHER CURRENT LAWFUL PROPERTY USE CONVEYANCES, SCHOOL DISTRICTS MAY CONVEY, SELL, LEASE OR OTHERWISE DISPOSE OF REAL PROPERTY FOR RESIDENTIAL, MIXED-USE OR OTHER DEVELOPMENTS; TO BRING FORWARD SECTION 37-7-471, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-7-471, Mississippi Code of 1972, is brought forward as follows:

     37-7-471.  Whenever the school board of any school district shall find and determine, by resolution duly and lawfully adopted and spread upon its minutes:

          (a)  That any school building, land, property or other school facility is no longer needed for school or related purposes and is not to be used in the operation of the schools of the district, or that such school building, land, property or other school facility may yield a higher long-term economic value to the district, in the discretion of the local school board;

          (b)  That the sale of the property in the manner otherwise provided by law is not necessary or desirable for the financial welfare of the school district; and

          (c)  That the use of the school building, land, property or other school facility for the purpose for which it is to be sold, conveyed or leased will promote and foster the development and improvement of the community in which it is located and the civic, social, educational, cultural, moral, economic or industrial welfare thereof, the school board of such school district shall be authorized and empowered, in its discretion, and upon the terms and conditions set forth in Section 37-7-477, to sell, convey, lease or otherwise dispose of same for any of the purposes set forth herein.  Such sale, conveyance, lease or other disposition, including retention of partial interest, or undivided interest or other ownership interest, shall be made upon such terms and conditions and for such consideration, nominal or otherwise, as the school board may, in its discretion, deem proper in consideration of the benefits which will inure to the school district or the community in which the school building, property or other facility is located by the use thereof for the purpose for which it is to be sold, conveyed, leased or otherwise disposed of.  The authority conferred by Sections 37-7-471 through 37-7-483 may be exercised by a school board in the sale, conveyance or lease of relocatable classrooms to the school board of another school district.  Said sections without reference to another statute shall be deemed full and complete power for the exercise of the authority conferred hereby.

     SECTION 2.  Section 37-7-473, Mississippi Code of 1972, is amended as follows:

     37-7-473.  School buildings, land, property and related facilities may be sold, conveyed, leased or otherwise disposed of under Sections 37-7-471 through 37-7-483, to any charter school, to any group of persons, to any association, club or corporation, or to any county, municipality or other political subdivision, to be used as a charter school facility, to be used as a civic, community, recreational or youth center, or to be used by any county or district fair association in connection with its activities, or to be used for church purposes, or to be used as a library or other public building, or to be used as a factory or otherwise in connection with an industrial enterprise, or to be used as part of a residential, mixed-use or other development activity to stimulate economic development activities within the district, or to enhance property values within the district, or to be used for any similar or related purpose or activity.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2023.