MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Universities and Colleges; Accountability, Efficiency, Transparency

By: Representative Bell (21st)

House Bill 322

AN ACT TO CREATE NEW SECTION 37-4-2, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ALL PUBLIC COMMUNITY AND JUNIOR COLLEGES SHALL BE UNDER THE AUTHORITY AND CONTROL OF THE MISSISSIPPI COMMUNITY COLLEGE BOARD; TO AMEND SECTION 37-4-3, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE RECONSTITUTION FOR THE MISSISSIPPI COMMUNITY COLLEGE BOARD, TO CONSIST OF TWELVE MEMBERS APPOINTED BY THE GOVERNOR, SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, OF WHICH SUCH MEMBERS SHALL SERVE A TERM OF SIX YEARS; TO PROVIDE FOR THE TERMS OF THE INITIAL MEMBERS OF THE RECONSTITUTED BOARD, WHICH SHALL COMMENCE ON JANUARY 1, 2027; TO PRESCRIBE THE PROCEDURE FOR SELECTING BOARD MEMBERS IN THE EVENT A VACANCY OCCURS; TO PRESCRIBE THE POWERS AND DUTIES OF THE BOARD; TO AMEND SECTION 37-4-4, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE QUALIFICATIONS OF MEMBERS SELECTED FOR APPOINTMENT TO THE MISSISSIPPI COMMUNITY COLLEGE BOARD; TO CREATE NEW SECTION 37-4-6, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO APPOINT A COMMISSIONER OF COMMUNITY COLLEGES; TO PRESCRIBE THE POWERS AND DUTIES OF THE COMMISSIONER OF COMMUNITY COLLEGES, INCLUDING HIS OR HER ABILITY TO HIRE NECESSARY PERSONNEL; TO AMEND SECTION 37-4-7, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE POWERS AND DUTIES OF THE MISSISSIPPI COMMUNITY COLLEGE BOARD; TO CREATE NEW SECTION 37-4-8, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO ADOPT AND HAVE AN OFFICIAL SEAL IN SUCH FORM AS IT DEEMS APPROPRIATE FOR ITS OFFICIAL USE; TO CREATE NEW SECTION 37-4-10, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI COMMUNITY COLLEGE BOARD TO DEVELOP A SYSTEM OF MANPOWER MANAGEMENT WHICH SHALL BE IMPLEMENTED IN ALL COMMUNITY AND JUNIOR COLLEGES UNDER ITS CONTROL; TO AMEND SECTION 37-4-11, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE OVERSIGHT AND ACCOUNTABILITY OF THE STATE-FUNDED INDUSTRIAL TRAINING PROGRAMS, POSTSECONDARY ADULT SHORT-TERM TRAINING PROGRAMS AND WORKFORCE EDUCATION PROGRAMS SHALL BE ADMINISTERED BY THE MISSISSIPPI COMMUNITY COLLEGE BOARD; TO CREATE NEW SECTION 37-4-12, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO ESTABLISH A RESERVE FUND TO RECEIVE FUNDS FROM STATE, FEDERAL OR PRIVATE SOURCES FOR THE PURPOSE OF GUARANTEEING PAYMENT OF LOANS OBTAINED BY COLLEGE STUDENTS FROM PUBLIC OR PRIVATE LENDERS OR BANKING INSTITUTIONS; TO CREATE NEW CODE SECTION 37-4-17, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO ENTER INTO LONG-TERM LEASES WITH PRIVATE INDIVIDUALS OR CORPORATIONS OF ANY LAND OR LAND WITH EXISTING AUXILIARY FACILITIES FOR THE PURPOSE OF ERECTING OR RENOVATING, FURNISHING, MAINTAINING AND EQUIPPING AUXILIARY FACILITIES THEREON FOR ACTIVE FACULTY, STAFF AND/OR STUDENTS; TO CREATE NEW SECTION 37-4-19, MISSISSIPPI CODE OF 1972, TO CREATE AN ADVISORY COMMITTEE TO THE MISSISSIPPI COMMUNITY COLLEGE BOARD FOR THE LEASE OF THE PROPERTY ON COMMUNITY AND JUNIOR COLLEGE CAMPUSES FOR THE CONSTRUCTION OF HOUSE AND DORMITORY FACILITIES WITH PRIVATE FINANCE; TO CREATE NEW SECTION 37-4-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THE MANNER BY WHICH ARCHITECTS SHALL BE SELECTED TO FULFILL THE OBLIGATIONS OF THE LEASE CONTRACT FOR THE CONSTRUCTION OF SAID FACILITIES ON A COMMUNITY OR JUNIOR COLLEGE CAMPUS; TO CREATE NEW CODE SECTION 37-4-23, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE USE OF THE DESIGN-BUILD SYSTEM OF CONTRACT DELIVERY; TO CREATE NEW SECTION 37-4-25, MISSISSIPPI CODE OF 1972, TO PERMIT LEASEHOLDERS TO PROTECT AND ENFORCE ANY AND ALL RIGHTS GRANTED UNDER THE LEASE; TO CREATE NEW SECTION 37-4-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY LEASES EXECUTED UNDER THE PROVISIONS OF THIS ACT SHALL BE LEGAL INVESTMENTS FOR TRUSTEES AND OTHER FIDUCIARIES, AND FOR BANKS, TRUST COMPANIES, AND INSURANCE COMPANIES AUTHORIZED TO DO BUSINESS IN THE STATE; TO AMEND SECTION 37-101-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO BRING FORWARD SECTIONS 37-4-1, 37-4-5, 37-4-9, 37-4-13, 37-4-15, 37-29-1, 37-29-5, 37-29-31, 37-29-33, 37-29-37, 37-29-39, 37-29-61, 37-29-63, 37-29-65, 37-29-67, 37-29-71, 37-29-73, 37-29-75, 37-29-77, 37-29-79, 37-29-81, 37-29-85, 37-29-87, 37-29-101, 37-29-103, 37-29-105, 37-29-107, 37-29-109, 37-29-111, 37-29-113, 37-29-115, 37-29-117, 37-29-119, 37-29-121, 37-29-123, 37-29-125, 37-29-127, 37-29-131, 37-29-133, 37-29-135, 37-29-137, 37-29-139, 37-29-141, 37-29-143, 37-29-145, 37-29-161, 37-29-163, 37-29-165, 37-29-167, 37-29-169, 37-29-171, 37-29-173, 37-29-175, 37-29-177, 37-29-231, 37-29-232, 37-29-261, 37-29-263, 37-29-265, 37-29-267, 37-29-268, 37-29-269, 37-29-273, 37-29-275, 37-29-277, 37-29-305, 37-29-321, 37-29-401, 37-29-403, 37-29-405, 37-29-407, 37-29-409, 37-29-411, 37-29-413, 37-29-415, 37-29-417, 37-29-419, 37-29-421, 37-29-423, 37-29-425, 37-29-427, 37-29-429, 37-29-431, 37-29-433, 37-29-435, 37-29-437, 37-29-451, 37-29-453, 37-29-455, 37-29-457, 37-29-459, 37-29-461, 37-29-463, 37-29-465, 37-29-467, 37-29-469, 37-29-471, 37-29-501, 37-29-503, 37-29-505, 37-29-507, 37-29-509, 37-29-511, 37-29-513, 37-29-515, 37-29-551, 37-29-553, 37-29-555, 37-29-557, 37-29-559, 37-29-561, 37-29-563, 37-29-565, 37-29-567, 37-29-569, 37-29-571, 37-29-601, 37-29-603, 37-29-605, 37-29-607, 37-29-609, 37-29-611 AND 37-29-613, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 37-4-2, Mississippi Code of 1972:

37-4-2. The following community and junior colleges shall be under the management and control of a board of trustees to be known as the Mississippi Community College Board, namely:

(a) Coahoma Community College;

(b) Copiah-Lincoln Community College;

(d) East Mississippi Community College;

(e) Hinds Community College;

(f) Holmes Community College;

(g) Itawamba Community College;

(h) Jones Junior College;

(i) Meridian Community College;

(j) Mississippi Delta Community College;

(k) Mississippi Gulf Coast Community College;

(l) Northeast Mississippi Community College;

(m) Northwest Mississippi Community College;

(n) Pearl River Community College;

(o) Southwest Mississippi Community College; and

(p) Any other of like kind which may be hereafter established by the state.

SECTION 2. Section 37-4-3, Mississippi Code of 1972, is amended as follows:

37-4-3. (1) * * *~~From and after July 1, 1986,~~ There shall be a Mississippi Community College Board which 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) * * *

(a) The Mississippi Community College Board * * * reconstituted as follows: Effective * * *~~January 2028~~ July 1, 2026, the Governor shall appoint three (3) members from each Mississippi Supreme Court District and * * *~~one (1)~~ three (3) members from the state at large, with the terms of each to begin on January 1, 2027. The members shall be appointed by the Governor, with the advice and consent of the Senate, for a term of office of * * *~~four (4)~~ six (6) years, provided that * * *~~six (6)~~ three (3) members shall be appointed in * * *~~2028~~ 2027 to a term ending December 31, * * *~~2031~~ 2029, three (3) members shall be appointed in 2027 to a term ending December 31, 2031, and * * *~~four (4)~~ three (3) members shall be appointed in * * *~~2030~~ 2027 to a term ending December 31, * * *~~2033~~ 2033. * * * On the expiration of any of said terms of office the Governor shall appoint successors, by and with the advice and consent of the Senate, for terms of six (6) years in each case. Any question regarding the order of appointments shall be determined by the Secretary of State in accordance with the specific statute. All appointment procedures, vacancy provisions, interim appointment provisions and removal provisions specifically provided for in Section 7-1-35, Mississippi Code of 1972, shall be fully applicable to appointments to the Mississippi Community College Board, and to the position of * * *~~executive director~~ Commissioner of Community College.

(b) The current president, or his/her designee, of each community and junior college Student Government Association shall have a reserved seat at each meeting of the Mississippi Community College. No less than once a year, the board shall seek the advice and counsel of the student body presidents.

(3) In case of a vacancy on said board by death or resignation of a member or from any other cause 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 until the end of the period or term for which said original trustee was appointed, to the end that one-third (1/3) of such trustees' terms shall expire each two (2) years.

(4) The Commissioner of Higher Education, or his or her designee, and one (1) member of the Board of Trustees of State Institutions of Higher Learning, to be designated by the chairman of said board, shall attend all regular meetings of the Mississippi Community College Board. Said university representatives shall have no jurisdiction or vote on any matter within the jurisdiction of the board. The Commissioner of Higher Education 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 Board of Trustees of State Institutions of Higher Learning 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 Mississippi Community College Board.

* * *

(5) The Mississippi Community College Board 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.

(6) The board of trustees 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 the meeting. Eight (8) members of the board shall constitute a quorum for the transaction of business.

SECTION 3. Section 37-4-4, Mississippi Code of 1972, is amended as follows:

37-4-4. * * * There shall be appointed only men or women to membership on the Mississippi Community College Board 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 college, uninfluenced by any political considerations.

SECTION 4. The following shall be codified as Section 37-4-6, Mississippi Code of 1972:

37-4-6. (1) Within ten (10) days after the beginning of the terms of office of its members, upon call of the Governor, the Mississippi Community College Board 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.

(2) The board members shall have authority to appoint a nonmember as Commissioner of Community Colleges, who shall possess the highest qualifications as an administrator and research worker. The Commissioner of Community Colleges shall maintain an office and be responsible to the board for the efficient functioning of the staff which the board may from time to time establish. It shall be the duty of the Commissioner of Community Colleges to make constant inquiry into the problems of community and junior colleges, to survey and study carefully the organization, management and all other affairs of each community and junior college under the control of said board members and local community and junior college district trustees, to make report of all findings and recommend such changes as will increase efficiency and economy in the operation of each community or junior college, and to perform such other duties as the board may prescribe. The Commissioner of Community Colleges shall be responsible for compiling all laws and all rules and regulations of a general nature adopted by the board for the governance of the various community and junior colleges in pamphlet or loose-leaf form. Current copies of such compilations shall be furnished to all officials directly responsible for the carrying out of such laws, rules and regulations. The expenses for such compilation and publication shall be paid by the board out of any funds available for the operation of said board.

(3) The board members shall authorize the employment of such other personnel as may be required from time to time to carry out the functions of the board and may assign to the personnel so employed such functions and duties and may delegate to the commissioner or other personnel such powers of the board as may be necessary to accomplish the purposes for which the board was established. All such personnel shall be employed by the commissioner with the approval of the board and shall hold office at the pleasure of the commissioner. 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.

(4) The Commissioner of Community Colleges 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 commissioner and other personnel in the performance of their duties, together with other expenses of the operation of the executive office, shall be prorated and deducted from the appropriations for the current expenses of the several community and junior colleges.

SECTION 5. Section 37-4-7, Mississippi Code of 1972, is amended as follows:

37-4-7. (1) The Mississippi Community College Board shall succeed to and continue to exercise control of all records, books, papers, equipment, and supplies, and all lands, buildings, and other real and personal property belonging to or assigned to the use and benefit of the board of trustees formerly supervising and controlling the community and junior colleges named in Section 37-4-2. The board shall have and exercise control of the use, distribution and disbursement of all funds, appropriations and taxes, now and hereafter in possession, levied and collected, received, or appropriated for the use, benefit, support, and maintenance or capital outlay expenditures of the community and junior colleges, including the authorization of employees to sign vouchers for the disbursement of funds for the various community and junior colleges, except where otherwise specifically provided by law.

(2) The board shall have general supervision of the affairs of all the community and junior colleges, including the departments and the schools thereof. The board shall have the power in its discretion to determine who shall be privileged to enter, to remain in, or to graduate therefrom. The board shall have general supervision of the conduct of libraries and laboratories, the care of dormitories, buildings, and grounds; the business methods and arrangement of accounts and records; the organization of the administrative plan of each institution; and all other matters incident to the proper functioning of the institutions. The board shall have the authority to establish minimum standards of achievement as a prerequisite for entrance into any of the community and junior colleges under its jurisdiction, which standards need not be uniform between the various community and junior colleges and which may be based upon such criteria as the board may establish.

(3) The board shall exercise all the powers and prerogatives conferred upon it under the laws establishing and providing for the operation of the several community and junior colleges herein specified. The board shall adopt such bylaws and regulations from time to time as it deems expedient for the proper supervision and control of the several community and junior colleges, insofar as such bylaws and regulations are not repugnant to the Constitution and laws, and not inconsistent with the object for which these institutions were established. The board shall have power and authority to prescribe rules and regulations for policing the campuses and all buildings of the respective community and junior colleges, to authorize the arrest of all persons violating on any campus any criminal law of the state, and to have such law violators turned over to the civil authorities.

(4) For all community and junior colleges specified herein, the board shall provide a uniform system of recording and of accounting approved by the State Department of Audit. The board shall annually prepare, or cause to be prepared, a budget for each community and junior colleges for the succeeding year which must be prepared and in readiness for at least thirty (30) days before the convening of the regular session of the Legislature. All relationships and negotiations between the State Legislature and its various committees and the community and junior colleges named herein shall be carried on through the board members. No official, employee or agent representing any of the separate community and junior colleges shall appear before the Legislature or any committee thereof except upon the written order of the board or upon the request of the Legislature or a committee thereof.

(5) For all community and junior colleges specified herein, the board shall prepare an annual report to the Legislature setting forth the disbursements of all monies appropriated to the respective community and junior colleges. Each report to the Legislature shall show how the money appropriated to the several community and junior colleges has been expended, beginning and ending with the fiscal years of the community and junior colleges, showing the name of each teacher, officer, and employee, and the salary paid each, and an itemized statement of each and every item of receipts and expenditures. Each report must be balanced, and must begin with the former balance. If any property belonging to the state or the community or junior college is used for profit, the reports shall show the expense incurred in managing the property and the amount received therefrom. The reports shall also show a summary of the gross receipts and gross disbursements for each year and shall show the money on hand at the beginning of the fiscal period of the community or junior college next preceding each session of the Legislature and the necessary amount of expense to be incurred from said date to January 1 following. The board shall keep the annual expenditures of each community and junior college herein mentioned within the income derived from legislative appropriations and other sources, but in case of emergency arising from acts of providence, epidemics, fire or storm with the written approval of the Governor and by written consent of a majority of the senators and of the representatives it may exceed the income. The board shall require a surety bond in a surety company authorized to do business in this state of every employee who is the custodian of funds belonging to one or more of the community and junior colleges mentioned herein, which bond shall be in a sum to be fixed by the board in an amount that will properly safeguard the said funds, the premium for which shall be paid out of the funds appropriated for said community and junior colleges.

(6) The board shall have the power and authority to approve the appointment of the heads of the various community and junior colleges upon the recommendation of such by the boards of trustees of each community and junior college, and to contract with all deans, professors, and other members of the teaching staff, and all administrative employees of said community and junior colleges for a term not exceeding four (4) years. The board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency, or contumacious conduct, but never for political reasons. It shall be the policy of the board to permit the executive head of each community or junior college to nominate for election by the board all subordinate employees of the community or junior college over which he or she presides. It shall be the policy of the board to elect all officials for a definite tenure of service and to reelect during the period of satisfactory service. The board shall have the power to make any adjustments it thinks necessary between the various departments and schools of any community or junior college or between the different community and junior colleges.

(7) The board shall keep complete minutes and records of all proceedings which shall be open for inspection by any citizen of the state.

(8) The board shall have the power to enter into an energy performance contract, energy services contract, on a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as prescribed in Section 31-7-14.

(9) In connection with any international contract between the board or one (1) of the community and junior colleges and any party outside of the United States, the board or community or junior college that is the party to the international contract is hereby authorized and empowered to include in the contract a provision for the resolution by arbitration of any controversy between the parties to the contract relating to such contract or the failure or refusal to perform any part of the contract. Such provision shall be valid, enforceable and irrevocable without regard to the justiciable character of the controversy. Provided, however, that in the event either party to such contract initiates litigation against the other with respect to the contract, the arbitration provision shall be deemed waived unless asserted as a defense on or before the responding party is required to answer such litigation.

(10) The Mississippi Community College Board, on behalf of any community or junior college under its jurisdiction, shall purchase and maintain business property insurance and business personal property insurance on all college-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to those buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The board is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The board is authorized to enter into agreements with the Department of Finance and Administration, local school districts, community/junior college districts, Board of Trustees of State Institutions of Higher Learning, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.

(11) The Mississippi Community College Board, or its designee, may approve the payment or reimbursement of reasonable travel expenses incurred by candidates for open positions at the board's executive office or at any of the community and junior colleges, when the job candidate has incurred expenses in traveling to a job interview at the request of the board, the Commissioner of Community Colleges or a community or junior college administrator.

(12) (a) The Mississippi Community College Board is authorized to administer and approve contracts for the construction and maintenance of buildings and other facilities of the state institutions of higher learning, including related contracts for architectural and engineering services, which are paid for with self-generated funds.

(b) Additionally, the board is authorized to oversee, administer and approve contracts for the construction and maintenance of buildings and other facilities of community and junior colleges, including related contracts for architectural and engineering services, which are funded, in whole or in part, by general obligation bonds of the State of Mississippi at institutions designated annually by the board as being capable to procure and administer all such contracts. Prior to the disbursement of funds, an agreement for each project between the community or junior college and the Department of Finance and Administration shall be executed. The approval and execution of the agreement shall not be withheld by either party unless the withholding party provides a written, detailed explanation of the basis for withholding to the other party. The agreement shall stipulate the responsibilities of each party, applicable procurement regulations, documentation and reporting requirements, conditions prior to, and schedule of, disbursement of general obligation bond funds to the community or junior college and provisions concerning handling any remaining general obligation bonds at the completion of the project. The agreement shall not include provisions that constitute additional qualifications or criteria that act to invalidate the designation of a community or junior college as capable of procuring and administering such project. Inclusion of any such provisions may be appealed to the Public Procurement Review Board.

(13) Additionally, the Mississippi Community College Board shall:

(a) Approve new, changes to and deletions of vocational and technical programs to the various colleges;

(b) 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;

(c) Approve proposed new attendance centers (campus locations) as the local community and junior college boards of trustees should determine to be in the best interest of the district. However, no new community or junior college branch campus shall be approved without an authorizing act of the Legislature;

(d) Serve as the state approving agency for federal funds for proposed contracts to borrow money for the purpose of acquiring land, erecting, repairing, et seq., 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;

(e) Approve:

(i) Applications from community and junior colleges for state funds for vocational technical education facilities; and

(ii) Any university branch campus offering lower undergraduate level courses for credit;

(f) Appoint members to the Post Secondary Educational Assistance Board and to the Authority for Educational Television;

(g) 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;

(h) 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; and

(i) 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.

(14) The Mississippi Community College Board shall require all on-campus faculty and staff employed by, and all students attending, any of the community and junior colleges identified in Section 37-4-2 to be issued an identification badge in physical or electronic format. Any identification card issued or renewed pursuant to this section, whether physical or in an electronic format, shall include the words "Crisis Lifeline-Dial or Text 988, or chat 988lifeline.org" or like language for formatting purposes.

(15) The Mississippi Community College Board shall study the feasibility of developing and implementing a state adopted uniform contract within each community and junior college district. Such study shall include, but not be limited to, the following areas for consideration:

(a) Terms of employment;

(b) Salary schedules;

(d) Health insurance benefits;

(e) Tenure; and

(f) Retirement benefits.

SECTION 6. The following shall be codified as Section 37-4-8, Mississippi Code of 1972:

37-4-8. The Mississippi Community College Board 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 7. The following shall be codified as Section 37-4-10, Mississippi Code of 1972:

37-4-10. The Mississippi Community College Board shall develop a system of manpower management which shall be implemented in all community and junior colleges under the control of the board. The manpower management system shall be so designed to ensure 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 8. Section 37-4-11, Mississippi Code of 1972, is amended as follows:

37-4-11. (1) The purpose of this section is to ensure the uniform management, oversight and accountability of the state-funded Industrial Training Programs, * * *~~and~~ postsecondary Adult Short-Term Training Programs and Workforce Education Programs administered by the Mississippi Community College Board for adults provided to the citizens of Mississippi.

(2) * * * ~~Effective July 1, 1999,~~ All state-funded Industrial Training Programs and postsecondary Adult Short-term Training Programs * * * shall be * * * ~~transferred to~~ administered by the Workforce Education Program of the Mississippi Community College Board. The Legislature shall appropriate annually to the Mississippi Community College Board funds necessary to administer these programs.

(3) * * * ~~Effective July 1, 1999,~~ All funds, unexpended balances, assets, liabilities and property * * * used in the delivery of postsecondary Adult Short-term Training Programs and Industrial Training Programs * * * shall be transferred to the Workforce Education Program funds of the Mississippi Community College Board. The State Department of Education also shall transfer to the Mississippi Community College Board all positions and funds employed by the State Department of Education and community colleges which render industrial training, postsecondary adult short-term training or workforce education services * * *. Any funds available to the State Department of Education for Industrial Training Programs and state-funded postsecondary Adult Short-term Training Programs which are subject to carryover shall be transferred to the Work Force Carryover Fund established by Chapter 498, Laws of 1995, for use by the Mississippi Community College Board * * *~~, on or before August 15, 1999~~.

(4) The Mississippi Community College Board shall develop an accountability system that shall report and describe all classes taught in the area of workforce education, the number of persons taught in these classes, and the location and cost of each class taught. To assess the impact of these programs, the Mississippi Community College Board also shall report:

(a) Whether the needs of industry have been met through training program offerings;

(b) Any changes in the income of trainees between the completion of training and the date of the report;

(d) Trainee success in passing proficiency tests, where applicable.

This information shall be reported on a fiscal year basis and shall be provided to the House and Senate Education Committees before December 15 of each year.

SECTION 9. The following shall be codified as Section 37-4-12, Mississippi Code of 1972:

37-4-12. In addition to the powers vested in the Mississippi Community College Board by this chapter, the board is hereby authorized to establish a reserve fund to receive funds from state, federal or private sources for the purpose of guaranteeing payment of loans obtained by college students from public or private lenders or banking institutions. The board is authorized and empowered to do and perform all the necessary and requisite acts and deeds necessary to carry out the provisions of this section.

SECTION 10. The following shall be codified as Section 37-4-17, Mississippi Code of 1972:

37-4-17. (1) (a) Except as otherwise provided in paragraph (b) of this section, and subject to the provisions of Section 37-4-19, the Mississippi Community College Board is authorized and empowered to lease to private individuals or corporations for a term not exceeding thirty-five (35) years any land or land with existing auxiliary facilities at any of the following community and junior colleges: Coahoma Community College, Copiah-Lincoln Community College, East Central Community College, East Mississippi Community College, Hinds Community College, Holmes Community College, Itawamba Community College, Jones Junior College, Meridian Community College, Mississippi Delta Community College, Mississippi Gulf Coast Community College,

Northeast Mississippi Community College, Northwest Mississippi Community College, Pearl River Community College and Southwest

Mississippi Community College, for the purpose of erecting or renovating, furnishing, maintaining and equipping auxiliary facilities thereon for active faculty, staff and/or students. The auxiliary facilities shall be constructed or renovated, and may be furnished, maintained and equipped thereon by private financing, and may be leased back to the board for use by the concerned community or junior college. The lease shall contain a provision permitting the board to purchase the building located thereon, including any furnishings and equipment therein, for the sum of One Dollar ($1.00) after payment by the board of all sums of money due under said lease.

(b) The Mississippi Community College Board may grant authority to community and junior colleges to lease to private individuals or corporations for a period not exceeding thirty-five (35) years, any land or land with existing auxiliary facilities at the community or junior college, for the purpose of erecting or renovating, furnishing, maintaining and equipping auxiliary facilities thereon for active faculty, staff and/or students. The auxiliary facilities shall be constructed or renovated, and may be furnished, maintained and equipped thereon by private financing, and may be leased back to the board for use by the community or junior college. The lease shall contain a provision permitting the board to purchase the auxiliary facilities located thereon, including any furnishings and equipment therein, for the sum of One Dollar ($1.00) after payment by the board of all sums of money due under the lease.

(2) Upon there being an agreement reached between the Mississippi Community College Board and a community or junior college upon whose land the auxiliary facility will be constructed or renovated and a private individual(s) or corporation(s) to enter into such lease agreement as described in subsection (1), it shall be stipulated in the agreement that all newly constructed or renovated auxiliary facilities shall be in compliance with the minimum building code standards employed by the state as required under Section 31-11-33.

(3) The board, in conjunction with the community or junior college, shall have sole discretion to decide the placement of new auxiliary facilities upon the college's campus. However, the scope of any such construction or renovation by private entities shall be limited to two (2) leases entered into pursuant to this Section 37-4-17 per year for each community or junior college, and shall not exceed in the aggregate twenty-five percent (25%) of the college's total main campus or satellite campus property under the original lease period. In addition, the scope of any such renovation by private entities shall be limited to one (1) project per fiscal year for each community or junior college.

(4) No contractual lease agreement for the construction or renovation, furnishing, maintaining and equipping of privately financed auxiliary facilities shall be entered into by a community or junior college without prior approval of the Mississippi Community College Board. An auxiliary facility is a facility that is described by the current Postsecondary Education Facilities Inventory and Classification Manual (FICM) as within categories 500/600/700/800/900.

Before entering into contractual lease agreements for the construction or renovation, furnishing, maintaining and equipping of privately financed auxiliary facilities, the board shall establish rules and procedures to ensure adequate public advertisement of any requirement for the construction or renovation, furnishing, maintaining and equipping of privately financed auxiliary facilities at a university in order to promote full and open competition and which set forth the requirements for evaluation of offers and award of the contract lease agreement to the private entity.

(5) In addition to the above stated authority, the community or junior college, with the permission of the board, is authorized to enter into such marketing, support, management, operating, cooperating or other similar agreements as the college and board may deem advisable or prudent in connection with the ongoing operations of such auxiliary facilities for a period not to exceed the term of the lease relating to such auxiliary facilities.

SECTION 11. The following shall be codified as Section 37-4-19, Mississippi Code of 1972:

37-4-19. There is created an advisory committee to the Mississippi Community College Board for the lease of the property described in Sections 37-4-17, 37-4-21 and 37-4-23, which shall be composed of the following members:

(a) The respective Chairmen of the Public Property Committees of the House of Representatives and the Senate;

(b) The respective Chairmen of the Universities and Colleges Committees of the House of Representatives and the Senate;

(d) One (1) member of the Senate, to be appointed by the Lieutenant Governor.

(2) Before selecting the private developer to which to lease the property described in Sections 37-4-17, 37-4-21 and 37-4-23, and while negotiating the terms of the lease with the private developer that has been selected, the Mississippi Community College Board shall consult with the advisory committee and consider any suggestions and recommendations made by the advisory committee regarding the lease of the property.

SECTION 12. The following shall be codified as Section 37-4-21, Mississippi Code of 1972:

37-4-21. (1) (a) Except as otherwise provided in Section 37-4-23, and subject to the provisions of Section 37-4-19, before entering into or awarding any such lease contract under the provisions of Section 37-4-17, the Mississippi Community College Board of Trustees shall cause the interested community or junior college upon which a facility is proposed to be constructed or renovated to select and submit three (3) architects to the board. Thereupon, the board shall approve and employ an architect, who shall be paid by the interested community or junior college from any funds available to the interested community or junior college. The architect, under the direction of the interested community or junior, shall prepare complete plans and specifications for the facility or facilities desired to be constructed or renovated on the leased property.

(b) Upon completion of the plans and specifications and the approval thereof by the board, and before entering into any lease contract, the board shall cause to be published once a week for at least three (3) consecutive weeks and not less than twenty-one (21) days in at least one (1) newspaper having a general circulation in the counties in which the interested community or junior college district is located and in one (1) newspaper with a general statewide circulation, a notice inviting bids or proposals for the leasing, construction or renovation, including the furnishing, maintaining and equipping, if applicable, and leasing back, if applicable, of the land and constructed or renovated facility, including any applicable furnishings or equipment, of the facility to be constructed or renovated in accordance with the plans and specifications. The notice shall distinctly state the thing to be done, and invite sealed proposals, to be filed with the board, to do the thing to be done. The notice shall contain the following specific provisions, together with such others as the board in its discretion deems appropriate, to wit: bids shall be accompanied by a bid security evidenced by a certified or cashier's check or bid-bond payable to the board in a sum of not less than five percent (5%) of the gross construction cost of the facility to be constructed as estimated by the board and the bids shall contain proof satisfactory to the board of interim and permanent financing. The board shall state in the notice when construction shall commence. The bid shall contain the proposed contractor's certificate of responsibility number and bidder's license. In all cases, before the notice shall be published, the plans and specifications shall be filed with the board and also in the office of the president of the interested institution, there to remain.

(c) The board shall award the lease contract to the lowest and best bidder, who will comply with the terms imposed by the contract documents. At the time of the awarding of the lease contract the successful bidder shall enter into bond with sufficient sureties, to be approved by the board, in such penalty as may be fixed by the board, but in no case to be less than the estimated gross construction or renovation cost of the facility to be constructed or renovated as estimated by the board, conditioned for the prompt, proper and efficient performance of the contract. The bond shall be made by an authorized corporate surety bonding company. The bid security herein provided for shall be forfeited if the successful bidder fails to enter into lease contract and commence construction or renovation within the time limitation set forth in the notice. At such time, and simultaneously with the signing of the contract, the successful bidder shall deposit a sum of money, in cash or certified or cashier's check, not less than the bid security previously deposited as bid security to reimburse the interested community or junior college for all sums expended by it for architectural services and other expenditures of the board and interested community or junior college connected with the bidded lease contract, of which such other anticipated expenditures notice is to be given to bidder in the notice. The bid security posted by an unsuccessful bidder shall be refunded to him or her.

(2) Under the authority granted under Section 37-4-23, the requirements of subsection (1) of this section shall not apply to the Mississippi Community College Board's power to grant to community and junior colleges the authority to contract with a single entity for privately financed design and construction or renovation, and if applicable, the furnishing, maintaining and equipping of facilities on university campuses, and if applicable, the furnishing, maintenance and equipping of facilities on college campuses.

SECTION 13. The following shall be codified as Section 37-4-23, Mississippi Code of 1972:

37-4-23. (1) In lieu of exercising the authority set forth in Section 37-4-21 and before entering into or awarding any lease under Section 37-4-17, the Mississippi Community College Board, subject to the provisions of Section 37-4-19, may award contracts to a single entity for privately financed design and construction or renovation of facilities on community and junior college campuses, as well as for maintaining, furnishing and equipping of such facilities, if the entities receiving the contract or contracts and those entities to which work or services are subcontracted are duly licensed and qualified in the state to perform the contract or contracts. State General Fund appropriations or bonds backed by the state may not be used to finance the construction or maintenance of any such facility.

(2) The design-build delivery system described under subsection (1) of this section shall be administered pursuant to Section 31-7-13.1 and may be authorized only when the board makes a determination, entered on its minutes, with specific findings for the project demonstrating how it is in the best interest of the public to enter into a design-build contract.

SECTION 14. The following shall be codified as Section 37-4-25, Mississippi Code of 1972:

37-4-25. Any holder of lease rights arising under the provisions of Section 37-101-17, either at law or in equity, by suit, action, or other proceeding, may protect and enforce any and all rights granted thereunder, or under the resolution pursuant to which such lease was signed, or under said lease, and may enforce and compel performance of all duties required by said section to be performed, in order to provide for the payment of the lease obligations set out in said lease.

SECTION 15. The following shall be codified as Section 37-4-27, Mississippi Code of 1972:

37-4-27. Any leases executed under the provisions of Section 37-4-17 shall be legal investments for trustees and other fiduciaries, and for banks, trust companies, and insurance companies authorized to do business in the State of Mississippi.

SECTION 16. Section 37-101-13, Mississippi Code of 1972, is amended as follows:

37-101-13. It shall be the duty of the Board of Trustees of State Institutions of Higher Learning and the * * * Mississippi Community College Board to begin immediately a comprehensive study of gaming and related programs, degrees and courses offered. Following the completion of such study, the board shall make such adjustments as may be found to be necessary in the programs of the various institutions, to the end that the broadest possible educational opportunities shall be offered to the citizens of this state without inefficient and needless duplication. Subject to the provisions of Section 75-76-34, the boards shall, through such officers of the boards and through such procedures as it shall see fit to establish, exercise continuing jurisdiction and control over the establishment of new courses of study, new departments and new functions and activities in each institution and each community and junior college under their respective purview so that the growth and development of the program of * * *~~higher~~ postsecondary education in the state shall proceed in an orderly and rational manner, inefficient and needless duplication may be avoided, and new expanded programs will be undertaken only as the same may become justified, based upon objective criteria to be established by the boards. In carrying out the purposes of this section, particular attention shall be given to the extension programs of the various institutions and community and junior colleges. The boards, in conjunction with the chancellor and presidents of the institutions and community and junior colleges, shall take such steps as may be necessary to improve and coordinate such programs and shall exercise such direct control over the establishment, organization, operation and granting of credit for such programs as may be necessary to accomplish such purposes.

SECTION 17. Section 37-4-1, Mississippi Code of 1972, is brought forward as follows:

37-4-1. The Legislature finds and determines that the social, cultural and economic well-being of the people of Mississippi, and hence the state, are enhanced by various educational experiences beyond the elementary and secondary school years. The Legislature hereby provides a means for the continuation of a system of community and junior colleges and declares the following to be the policy of the State of Mississippi:

(a) The general purpose of the community and junior colleges is to provide educational services for the people of its geographic area within the legal structure of the comprehensive community college. These services include the teaching and guiding of students who intend to transfer to senior colleges to pursue an academic degree and the teaching and guiding of career-oriented students in academic, technical and vocational programs. These services also include providing opportunities for continuing education in academic, technical, vocational and adult education, and providing leadership in civic, economic and cultural growth.

(b) Different geographic regions of the state have differing needs for human development.

(c) Local governance of the public community and junior colleges is an effective and efficient means of meeting the diverse local needs, as well as those needs and priorities established by the state.

(d) All post-high school youth and adults who have the motivation and ability to benefit from additional educational services and experiences should be provided such an opportunity.

(e) Community and junior colleges should provide quality instructional activities that are accessible geographically and financially to the people of the state, within the resources available for this purpose.

(f) Instructional activities should be related to the needs of the individual, region and state, and should be available throughout one's life regardless of prior educational experiences or attainment.

(g) An appropriate relationship between local district and state financial support of community and junior colleges shall be established.

(h) Coordination between public schools, community and junior colleges and universities shall complement the educational goals and attainments of individuals and the state.

(i) The Associate Degree should be a definitive and accepted higher educational degree, recognized for transfer to four-year institutions and for employment and promotion in business and industry.

(j) The community and junior colleges shall be the presumptive deliverers of public post-secondary training designed to meet the needs of individuals, business and state development objectives. This includes, but is not limited to, post-secondary training conducted under federal and state vocational and technical acts.

(k) Community and junior colleges shall be considered agencies of local government rather than agencies of the state.

SECTION 18. Section 37-4-5, Mississippi Code of 1972, is brought forward as follows:

37-4-5. (1) The terms "Junior College Commission" and "State Board for Community and Junior Colleges," whenever they appear in the laws of the State of Mississippi, mean the "Mississippi Community College Board."

(2) The term "High School Equivalency Diploma," whenever it appears in the laws of the State of Mississippi, means a high school diploma that has been approved by the Mississippi Community College Board.

(3) The terms "general educational development," "general education development" and "GED," whenever they appear in the laws of the State of Mississippi, mean a high school equivalency diploma as defined in subsection (2) of this section.

SECTION 19. Section 37-4-9, Mississippi Code of 1972, is brought forward as follows:

37-4-9. The Mississippi Community College Board is authorized to receive income from voluntary fees, contributions, donations, other forms of financial assistance, materials or manpower from persons, corporations, organizations and other sources, private or public, to be utilized and expended by the board in carrying out the incentive certification program mandated by the Work Force and Education Act of 1994 in Sections 37-151-63 through 37-151-75 and 37-153-1 through 37-153-13. Additionally, awards or scholarships to industry or to students or both are authorized.

SECTION 20. Section 37-4-13, Mississippi Code of 1972, is brought forward as follows:

37-4-13. (1) In negotiating commitments under the Industrial Training Programs with industries seeking to locate or expand in Mississippi, the Mississippi Community College Board may enter into multi-year agreements for such training programs subject to the availability of funds appropriated therefor.

(2) The Mississippi Community College Board shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives listing the commitments that are made pursuant to subsection (1) of this section.

SECTION 21. Section 37-4-15, Mississippi Code of 1972, is brought forward as follows:

37-4-15. (1) On or after July 1, 2002, the Mississippi Community College Board shall contract with a competent management consulting or accounting firm to study the state funding formula for community and junior colleges. The study shall accomplish the following specific outcomes:

(a) Evaluate the validity of the current student classifications used in the funding formula and make recommendations for change in the classification system if advisable;

(b) Evaluate the weights assigned to each student classification and make recommendations for change in the current weights if advisable;

(c) Identify the best management practices associated with the production of graduates in each of the student classifications and use such information as a basis for validating any changes in weights referred to in paragraph (b) of this subsection. The study of best practices shall also identify the amount of state funding that is used in program areas at schools exhibiting the best management practices.

(2) The report also shall recommend to the Mississippi Community College Board all reporting requirements and systems needed to collect information necessary to maintain a valid system of weights, student classification and the best practices associated with producing graduates most efficiently. All community and junior colleges shall cooperate with the Mississippi Community College Board in conducting this study and in providing all further information on an annual basis necessary to update the weights for programs established as a result of this study, the best management practices and the student classifications established as a result of this study.

(3) The Mississippi Community College Board shall report its findings to the Chairs of the House and Senate Education Committees and the House and Senate Appropriations Committees no later than December 15, 2002.

SECTION 22. Section 37-29-1, Mississippi Code of 1972, is brought forward as follows:

37-29-1. (1) The creation, establishment, maintenance and operation of community colleges is authorized. Community colleges may admit students if they have earned one (1) unit less than the number of units required for high school graduation established by State Board of Education policy or have earned a High School Equivalency Diploma in courses correlated to those of senior colleges or professional schools. Subject to the provisions of Section 75-76-34, they shall offer, without limitation, education and training preparatory for occupations such as agriculture, industry of all kinds, business, homemaking and for other occupations on the semiprofessional and vocational-technical level. They may offer courses and services to students regardless of their previous educational attainment or further academic plans.

(2) The boards of trustees of the community college districts are authorized to establish an early admission program under which applicants having a minimum ACT composite score of twenty-six (26) or the equivalent SAT score may be admitted as full-time college students if the principal or guidance counselor of the student recommends in writing that it is in the best educational interest of the student. Such recommendation shall also state that the student's age will not keep him from being a successful full-time college student. Students admitted in the early admission program shall not be counted for total funding formula purposes in the net enrollment of the school district in which they reside, and transportation required by a student to participate in the early admission program shall be the responsibility of the parents or legal guardians of the student. Grades and college credits earned by students admitted to the early admission program shall be recorded on the college transcript at the community college where the student attends classes, and may be released to another institution or used for college graduation requirements only after the student has successfully completed one (1) full semester of course work.

(3) The community colleges shall provide, through courses or other acceptable educational measures, the general education necessary to individuals and groups which will tend to make them capable of living satisfactory lives consistent with the ideals of a democratic society.

SECTION 23. Section 37-29-5, Mississippi Code of 1972, is brought forward as follows:

37-29-5. Title to lands may be acquired and buildings and other improvements may be erected thereon for the use and benefit of junior colleges. Title to all such property hereafter acquired shall be vested in the board of trustees and the trustees' successors in office.

Any board of supervisors or board of trustees of any municipal separate school district which presently holds title to the lands, buildings, and improvements of a junior college may convey title to same to the board of trustees and their successors in office of such junior college pursuant to a resolution of such board of supervisors or board of trustees of a municipal separate school district, duly adopted and spread on the minutes of said board of supervisors.

SECTION 24. Section 37-29-31, Mississippi Code of 1972, is brought forward as follows:

37-29-31. There are hereby created the following junior college districts comprising the entire counties therein named and having boundaries coinciding with the external boundaries thereof, each of which shall be separate juristic entities and bodies politic and corporate:

(a) East Central Junior College District shall be comprised of the counties of Leake, Neshoba, Newton, Scott and Winston.

(b) East Mississippi Junior College District shall be comprised of the counties of Clay, Kemper, Lauderdale, Lowndes, Noxubee and Oktibbeha.

(d) Holmes Junior College District shall be comprised of the counties of Attala, Carroll, Choctaw, Grenada, Holmes, Madison, Montgomery, Webster and Yazoo.

(e) Itawamba Junior College District shall be comprised of the counties of Chickasaw, Itawamba, Lee, Monroe and Pontotoc.

(f) Jones County Junior College District shall be comprised of the counties of Clarke, Covington, Greene, Jasper, Jones, Perry, Smith and Wayne.

(g) Mississippi Delta Junior College District shall be comprised of the counties of Bolivar, Humphreys, Issaquena, Leflore, Sharkey, Sunflower and Washington.

(h) Northeast Junior College District shall be comprised of the counties of Alcorn, Prentiss, Tippah, Tishomingo and Union.

(i) Northwest Junior College District shall be comprised of the counties of Benton, Calhoun, DeSoto, Lafayette, Marshall, Panola, Quitman, Tallahatchie, Tate, Tunica and Yalobusha.

(j) Pearl River Junior College District shall be comprised of the counties of Forrest, Hancock, Jefferson Davis, Lamar, Marion and Pearl River.

(k) Southwest Junior College District shall be comprised of the counties of Amite, Pike, Walthall and Wilkinson.

SECTION 25. Section 37-29-33, Mississippi Code of 1972, is brought forward as follows:

37-29-33. Except as otherwise provided in Sections 37-29-1 through 37-29-273, all of the property belonging to the board of trustees of any existing junior college and all of the property belonging to any or all of the counties cooperating, as of July 1, 1964, in the existing junior colleges or the agricultural high schools and junior colleges located at the existing campuses and utilized or held for the present or future use and benefit of such junior colleges and/or agricultural high schools and junior colleges, shall be and the same is hereby transferred to and vested in the boards of trustees of the junior college districts created in Section 37-29-31.

SECTION 26. Section 37-29-37, Mississippi Code of 1972, is brought forward as follows:

37-29-37. (1) Notwithstanding the provisions of Sections 37-29-1 through 37-29-273 to the contrary, any existing publicly operated junior college, lying in and operated by a county bordering on the Mississippi River, may, in the discretion of the board of supervisors of such county, continue to operate said college under such terms and conditions as said board may deem necessary and requisite in the premises. The governing authorities of other counties and municipalities are authorized and empowered, in the discretion of said governing bodies, to appropriate funds for the support of said junior college.

(2) The provisions of the preceding subsection shall not impair nor abrogate the aforesaid county's obligations, duties, powers, and rights as a member county of the junior college district to which it is made a part by Section 37-29-31.

(3) All of the property and facilities of any existing junior college located outside of the boundaries of the county owning and operating the same shall be and the same are hereby transferred to and vested in the board of trustees of the junior college district in which said county owning and operating said junior college is situated, and the board of trustees of said junior college district is authorized to continue the operation of said college under such terms and conditions as such board may deem necessary and requisite.

The governing authorities of other counties and municipalities lying outside of such junior college district are authorized and empowered, in the discretion of their governing bodies, to levy taxes and to appropriate funds for the support of such junior college.

SECTION 27. Section 37-29-39, Mississippi Code of 1972, is brought forward as follows:

37-29-39. It is expressly provided that nothing in Sections 37-29-1 through 37-29-273 shall be construed as affecting a junior college district heretofore established under authority of Sections 37-29-401 through 37-29-437.

SECTION 28. Section 37-29-61, Mississippi Code of 1972, is brought forward as follows:

37-29-61. The executive head of a junior college shall be the president of the college who shall be selected by the board of trustees for a term not to exceed four years

SECTION 29. Section 37-29-63, Mississippi Code of 1972, is brought forward as follows:

37-29-63. (1) The president of any community college, or such other person designated or authorized by the board of trustees, shall have the power to recommend to the board of trustees all teachers to be employed in the district.

(2) The president may remove or suspend any member of the faculty subject to the approval of the trustees. He shall be the general manager of all fiscal and administrative affairs of the district with full authority to select, direct, employ and discharge any and all employees other than teachers; however, the board may make provisions and establish policies for leave for faculty members and other key personnel.

(3) The president shall have the authority, subject to the provisions of Section 75-76-34 and Sections 37-29-1 through 37-29-273 and the approval of the trustees, to arrange and survey courses of study, fix schedules, and establish and enforce rules and discipline for the governing of teachers and students. He shall be the general custodian of the property of the district.

SECTION 30. Section 37-29-65, Mississippi Code of 1972, is brought forward as follows:

37-29-65. (1) Except as provided in this section and in Sections 37-29-409, 37-29-457 and 37-29-505, there shall be five (5) trustees from each county of the junior college district which originally entered into and gave financial aid in establishing the junior college. On June 30, 1992, the offices of the six (6) trustees from each of the original counties in the Northwest Community College District shall stand vacated. The board of supervisors of those respective counties shall appoint two (2) members on July 1, 1992, to serve full terms of office as provided in this section. The board of supervisors of those respective counties shall appoint one (1) member who is a qualified elector from each supervisors district to serve as a member, either of which may be the county superintendent of education if he or she resides in a respective supervisors district. Counties which subsequent to the establishment of the junior college joined the district shall have only one (1) trustee. However, the board of trustees so constituted, by appropriate resolution, may enlarge its number to six (6) trustees from each county. The board of trustees shall also be authorized within its discretion to reduce its number to two (2) trustees at large from each county. In any case in which there is an equal number of trustees the board of trustees may appoint another person to membership.

(2) The county superintendent, if appointed by the county board of supervisors, may, in his discretion, choose not to serve as a member of such board of trustees. Such decision not to serve shall be in writing and entered on the minutes of the board of trustees of the junior college district. The county board of supervisors of any county whose county superintendent of education appointed under the authority of this section, declines the appointment or resigns, pursuant to this subsection (2), shall fill the vacancy caused by such resignation by appointing a member who is a qualified elector of the county at large in accordance with subsection (6) of this section. No county superintendent whose school district is located within the East Mississippi Community College District shall serve on the board of trustees for that community college district.

(3) From and after March 24, 1990, the Board of Trustees of the East Mississippi Community College District shall consist of twelve (12) members. The appointing authorities shall appoint a new board of trustees as follows: Clay County shall be entitled to two (2) members, Kemper County shall be entitled to two (2) members, Lauderdale County shall be entitled to two (2) members, Lowndes County shall be entitled to two (2) members, Noxubee County shall be entitled to two (2) members and Oktibbeha County shall be entitled to two (2) members. No member of the Board of Trustees of the East Mississippi Community College District shall have served on such board prior to March 24, 1990.

(4) The Board of Trustees of the Coahoma Community College District shall consist of nine (9) members. The appointing authorities shall appoint the new board of trustees as follows: Coahoma County shall be entitled to five (5) members appointed in the manner provided herein, Tunica County shall be entitled to one (1) member, Quitman County shall be entitled to one (1) member, Bolivar County shall be entitled to one (1) member, and Tallahatchie County shall be entitled to one (1) member. Persons who are currently serving as members of the Board of Trustees of the Mississippi Delta Community College District or Northwest Community College District shall be eligible for appointment to the board.

(5) The terms of office shall be five (5) years; however, upon the first selection of trustees in each county, one (1) shall be elected for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year, so as to prevent the retirement of more than one (1) member of any one (1) county in any one (1) year. Where the board chooses or is required by statute to reduce its number, the board shall specify the expiration dates of such terms of office in order to prevent the retirement of more than one (1) member of any one (1) county in any one (1) year.

(6) The board of supervisors shall elect the requisite number of discreet persons of good moral character, sufficient education and experience, and of proven interest in public education, who are qualified electors of the county, as trustees of the junior college; and annually thereafter the board of supervisors in like manner shall fill vacancies. All trustees so appointed shall be listed in the minutes of the board of supervisors and their appointment shall be certified by the chancery clerk to the president of the junior college.

(7) Each junior college trustee may be paid, out of junior college funds, a per diem as authorized in Section 25-3-69, Mississippi Code of 1972, per meeting of said board and, in addition thereto, the mileage authorized under Section 25-3-41, Mississippi Code of 1972, per mile in coming to and returning from said meeting, calculated upon the customary and normally traveled route from the home of such trustee to the campus of said junior college. Such allowance of per diem and mileage shall not, however, be allowed for more than fifteen (15) meetings for any one (1) fiscal year and shall only be paid for meetings actually attended by such trustees.

(8) The provisions of this section, other than those provisions pertaining to per diem compensation and travel allowances for junior college trustees, shall not apply to any existing publicly operated junior college, lying in and operated by a county bordering on the Mississippi River, and the junior college trustees of such junior college shall be appointed and confirmed as heretofore.

(9) No county superintendent of education, by virtue of his or her office, shall be automatically placed on the board of trustees for any community college district to which this section applies. The number of trustees from each county shall be reduced by one (1) member if such member is superintendent of education. However, if the county board of supervisors, in making an appointment to the community college district board of trustees, chooses to appoint the county superintendent of education at the expiration of the term of the at large member, the superintendent may serve, unless otherwise disqualified.

SECTION 31. Section 37-29-67, Mississippi Code of 1972, is brought forward as follows:

37-29-67. (1) The duties of the board of trustees shall be the general government of the community/junior college and directive of the administration thereof. Subject to the provisions of Sections 37-29-1 through 37-29-273, the board shall have full power to do all things necessary to the successful operation of the district and the college or colleges or attendance centers located therein to ensure educational advantages and opportunities to all the enrollees within the district.

(2) The board of trustees shall be authorized to designate a personnel supervisor or other person employed by the district to recommend teachers and to transmit such recommendations to the board of trustees; however, this authorization shall be restricted to no more than two (2) positions for each employment period in the district.

(3) The delineation and enumeration of the powers and purposes set out in Sections 37-29-1 through 37-29-273 shall be deemed to be supplemental and additional, and shall not be construed to restrict the powers of the board of trustees of the district or of any college located therein so as to deny to the said district and the college or colleges therein the rights, privileges and powers previously authorized by statute.

(4) The board of trustees shall have the power to enter into an energy performance contract, energy services contract, a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as prescribed in Section 31-7-14.

(5) The board of trustees shall be authorized, with the approval of the Mississippi Community College Board, to change the name of the junior college to community college. The Mississippi Community College Board shall establish guidelines for the implementation of any junior college name change. Any reference to junior college district in this chapter shall hereinafter refer to the junior college district or its successor in name as changed by the board of trustees.

(6) The boards of trustees shall purchase and maintain business property insurance and business personal property insurance on all college-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to such buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The boards of trustees are authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The boards of trustees are authorized to enter into agreements with the Department of Finance and Administration, local school districts, other community/junior college districts, state institutions of higher learning, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.

SECTION 32. Section 37-29-71, Mississippi Code of 1972, is brought forward as follows:

37-29-71. The board of trustees shall annually prepare a budget which shall contain a detailed estimate of the revenues and expenses anticipated for the ensuing year for general operation and maintenance and which shall set forth the reasonable requirements for anticipated needs for capital outlays for land, buildings, initial equipment for new buildings and major repairs, a reasonable accumulation for such purposes being hereby expressly authorized.

SECTION 33. Section 37-29-73, Mississippi Code of 1972, is brought forward as follows:

37-29-73. The board of trustees is authorized to execute oil, gas and mineral leases on any of the property owned by the board of trustees of the district, but such leases shall not extend for a term beyond five (5) years unless oil, gas or other minerals shall be in production under said leases at the expiration of said period. The terms and conditions of said lease, within the limitations above set out, shall be for the determination and within the discretion of the board of trustees.

SECTION 34. Section 37-29-75, Mississippi Code of 1972, is brought forward as follows:

37-29-75. When any land or other property owned by a junior college/community college district shall cease to be used or needed by the district, the same may be sold by the board of trustees upon sealed bids or at public auction after three (3) weeks' advertisement in a newspaper in the county where the said property is located. Personal property having a value determined by the board of less than Five Hundred Dollars ($500.00) may be sold without such advertisement; however, in such event, notice shall be posted in at least three public places in the county where such property is situated or where it is to be sold, giving notice of the time and place of such sale, and such property shall be sold to the highest and best bidder for cash. Such notice shall be posted for ten (10) days before the sale.

SECTION 35. Section 37-29-77, Mississippi Code of 1972, is brought forward as follows:

37-29-77. The board of trustees of any junior college is hereby authorized to lease the buildings and equipment thereof to any responsible individual for the purpose of carrying on a private school when there are no funds available for running said institution, and to lease the lands of said institution to some responsible person for agricultural purposes. Said leases shall not extend for any greater length of time than a period of three years from date of granting said lease.

SECTION 36. Section 37-29-79, Mississippi Code of 1972, is brought forward as follows:

37-29-79. Any junior college district is charged with the responsibility for providing preprofessional courses, liberal arts, technical, vocational, and adult education courses and shall undertake to provide the same as conveniently as is possible to the residents of the district, and to this end, the board of trustees is authorized and empowered to transport such enrollees as, in its discretion, should be transported in the best interest of the district. However, no additional allocation of any appropriation shall be made for such transportation. The board of trustees shall promulgate uniform rules to prevent discrimination in all matters of transportation.

SECTION 37. Section 37-29-81, Mississippi Code of 1972, is brought forward as follows:

37-29-81. The district, in the discretion of the board of trustees, may charge fees and tuitions in accordance with Section 37-103-25.

SECTION 38. Section 37-29-85, Mississippi Code of 1972, is brought forward as follows:

37-29-85. The board of trustees of any public junior college district is hereby authorized to purchase liability insurance to cover the official actions of its board members and the official actions of employees of such public junior college district. Such coverage shall be in an amount judged by the board to be adequate. The costs of such insurance shall be paid out of the public junior college district's general maintenance fund.

SECTION 39. Section 37-29-87, Mississippi Code of 1972, is brought forward as follows:

37-29-87. The board of trustees of any public junior college district is hereby authorized, in its sole discretion, to convey real property and improvements thereon to any county within the junior college district without the necessity of advertising for and receiving bids and without receiving compensation therefor, provided the following requirements are met:

(a) Where the county received title to the property and conveyed said property to the board of trustees of the junior college district, or where the board of trustees of such district received title to the property from any source and the purchase price therefor was paid by the county, for the purpose of operating an attendance center; and

(b) Where the board of trustees of the junior college district has not received approvals from necessary state agencies or authorities to use said land for the operation of an attendance center; and

(c) Where said board of trustees has adopted a resolution that such land and improvements are not needed for junior college purposes and expressing the desire to convey such land and improvements back to the county.

SECTION 40. Section 37-29-101, Mississippi Code of 1972, is brought forward as follows:

37-29-101. (1) In addition to other authority granted by Sections 37-29-1 through 37-29-273 or existing laws, the board of trustees may borrow money in anticipation of taxes, not to exceed fifty percent (50%) of the previous year's ad valorem tax receipts, for the purpose of paying any expenses authorized by law for the operation, maintenance and support of the college. The loan shall be evidenced by note or notes bearing the signatures of the chairman of the board and of the secretary of the board of trustees, and the seal of the college shall be thereon impressed. The notes shall mature not later than the thirtieth day of June next thereafter, and the notes shall not bear interest in excess of that allowed in Section 75-17-105, Mississippi Code of 1972.

(2) The board of trustees may borrow funds from the United States federal government or any agency thereof to compensate for the loss of revenue collected or estimated to be collected on behalf of the community or junior college district from local sources during a fiscal year as a result of Hurricane Katrina, may issue its promissory note to the United States federal government or any agency thereof, and may comply with and issue the regulations of the United States federal government or agency thereof regarding the promissory note. However, this section does not authorize any levy of taxes or pledge of collateral for the security of a promissory note not otherwise allowed by law. The State of Mississippi may sign any promissory note as an equal co-obligor on any such note, and in the event the State of Mississippi signs the promissory note as a co-obligor, the full faith and credit of the State of Mississippi shall be pledged for the payment of the promissory note.

SECTION 41. Section 37-29-103, Mississippi Code of 1972, is brought forward as follows:

37-29-103. Any board of trustees may, in its discretion, by the concurrence of two-thirds (2/3) of its authorized members present and voting and for good cause shown therefor, to be spread upon its minutes by way of its resolution or order, which shall contain a proposal as to the revenues from which it is anticipated the loans herein authorized are to be repaid, authorize the junior college district to borrow money from time to time for periods not to exceed twenty-five (25) years under such terms and conditions as the board deems necessary and requisite and upon its issuing its promissory note or notes or other negotiable instruments. Such loans may be repaid from the general fund of the district, whether the same shall have been derived from ad valorem tax receipts or otherwise and may be further secured by a pledge of the avails of the levies, whether for support, enlargement, improvement or repairs, authorized by Section 37-29-141, Mississippi Code of 1972; and the tax receipts used to repay such loans from any levies so pledged shall be excluded from the ten percent (10%) growth limitation on ad valorem taxes imposed in Sections 27-39-320, 27-39-321 and 37-57-107, Mississippi Code of 1972. Such note or notes or other negotiable instruments shall be executed by the manual or facsimile signature of the chairman of the board of trustees and countersigned by the manual or facsimile signature of the secretary thereof, with the seal of the district affixed thereto. At least one (1) signature on each such note shall be a manual signature, as specified in the issuing resolution. The coupons, if any, may bear only facsimile signatures. Any notes or other evidences of indebtedness issued pursuant to this section shall be sold pursuant to the provisions of Section 31-19-25, Mississippi Code of 1972, and shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-101, Mississippi Code of 1972.

SECTION 42. Section 37-29-105, Mississippi Code of 1972, is brought forward as follows:

37-29-105. In the event that bonds shall have been authorized for projects determined by the board of trustees and such bonds validated, the board of trustees is authorized to utilize any available funds for the immediate commencement of such project and to reimburse the funds from which any such expenditures are made from the proceeds of the bonds when the same are received.

SECTION 43. Section 37-29-107, Mississippi Code of 1972, is brought forward as follows:

37-29-107. Subject to the approval of the Mississippi Community College Board, the boards of trustees of junior college districts are hereby authorized and empowered to contract with and borrow money from the United States of America, or any department, instrumentality, agency or agencies thereof, as may be designated or created to make loans or grants, or from private lenders, for the purpose of acquiring land for, and erecting, repairing, remodeling, maintaining, adding to, extending, improving, equipping or acquiring dormitories with or without dining facilities, dwellings or apartments to be located at or near the campuses of such junior colleges, for the use of students, faculty members or officers or employees thereof. The said boards are hereby authorized to supervise the contracting for and the construction and equipping of all facilities constructed and financed hereunder.

SECTION 44. Section 37-29-109, Mississippi Code of 1972, is brought forward as follows:

37-29-109. The loans authorized by Section 37-29-107 and Sections 37-29-401 to 37-29-437, shall be evidenced by bonds, which shall be authorized by resolution of the boards of trustees. Each such resolution shall describe the land to be acquired, if any, and the said dormitories, dwellings or apartments to be erected, repaired, remodeled, maintained, added to, extended, improved, equipped, or acquired, together with the equipment therefor. A majority vote of all of the members of such boards, respectively, shall be necessary to the adoption of any such resolution. All votes cast on such resolutions shall be by yea and nay vote, duly recorded on the minutes of the proceedings of such boards, respectively.

Such bonds may be issued in one or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times, not exceeding twenty-five (25) years from the respective dates thereof, may mature in such amount or amounts, may bear interest at such rate or rates, not exceeding that allowed in Section 75-17-101, Mississippi Code of 1972, payable semiannually, may be in such forms, either coupon or registered, may carry such registration privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, and may be subject to such terms of redemption, with or without premium, all as such resolution or other resolutions may provide.

All such bonds shall be sold at public sale pursuant to such notice as such boards shall prescribe by resolution. All such bonds shall be fully negotiable within the meaning and for the purposes of the Uniform Commercial Code. Incidental costs in connection with the issuance of said bonds, the printing thereof, costs of validation proceedings if required by bond resolution, including attorney's fees and other costs directly attributable to the issuance of said bonds, either in one or more series or at one (1) time or various times, may be paid out of the proceeds of the sale of said bonds. In agreements or commitments by or between the boards of trustees and private lenders and/or the U. S. Department of Housing and Urban Development or its successor to make loans or grants in which bonds are to be issued under the provisions of this section, and in which part or all of the principal and/or interest on said bonds is to be paid or guaranteed by the U. S. Department of Housing and Urban Development or its successor, said bonds shall mature at such time or times, not to exceed (40) years, as shall be prescribed in the resolution of the board of trustees authorizing their issuance and shall bear a net interest rate not in excess of that allowed in Section 75-17-101, Mississippi Code of 1972.

Notwithstanding any other provision of law, in any resolution authorizing the issuance of bonds hereunder, including refunding bonds, the boards of trustees, may provide for the initial issuance of one or more bonds (hereinafter sometimes collectively called "bond"), may make such provision for installment payments of the principal amount of any such bond as they may consider desirable, and may provide for the making of any such bond registerable as to principal or as to both principal and interest and, where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond. Such boards may further make provision in any such resolution for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registerable as to principal or as to principal and interest.

SECTION 45. Section 37-29-111, Mississippi Code of 1972, is brought forward as follows:

37-29-111. Bonds issued under the provisions of Section 37-29-109, may be refunded, in whole or in part, in any of the following circumstances, to wit:

(a) When any such bonds by their terms become due and payable and there are not sufficient sums in the fund established for their payment to pay such bonds and the interest thereon;

(b) When any such bonds are by their terms callable for payment and redemption in advance of their date of maturity and shall have been duly called for payment and redemption;

(c) When any such bonds are voluntarily surrendered by the holder or holders thereof in exchange for refunding bonds; and

(d) When, in connection with the issuance of any additional bonds under the provisions of Section 37 29 109 for the purpose of financing any additional construction authorized under the provisions of Section 37 29 107, any such board shall determine to combine such new issue of bonds with any issue or issues of bonds of the same board then outstanding, for the purpose of unifying such indebtedness and utilizing the income and revenues derived from all projects or facilities operated by such board to the payment of such indebtedness, and such board shall determine that such outstanding bonds are by their terms then callable for redemption or are obtainable by and through the voluntary surrender thereof by the holder or holders thereof.

SECTION 46. Section 37-29-113, Mississippi Code of 1972, is brought forward as follows:

37-29-113. For the purpose of refunding any bonds issued under the provisions of Section 37-29-109, including refunding bonds, any board of trustees may make and issue refunding bonds in such amount as may be necessary to pay off and redeem the bonds to be refunded together with unpaid and past due interest thereon and any premium which may be due under the terms of such outstanding bonds, together also with the cost of issuing such refunding bonds. Said board may sell the same in like manner as provided for the initial issuance of bonds. With the proceeds of any such refunding bonds such board shall pay off, redeem and cancel such old bonds and interest coupons as may have matured, or such bonds as may have been called for payment and redemption together with the past due interest and premium, if any, due thereon; such bonds may be issued and delivered in exchange for a like par value amount of bonds to refund which the refunding bonds were issued. No refunding bonds issued hereunder shall be payable in more than twenty-five (25) years from the date thereof, nor shall any such refunding bonds bear interest at a rate in excess of that allowed in Section 75-17-101, Mississippi Code of 1972, payable semiannually. All such refunding bonds shall be payable from the same source or sources as were pledged to the payment of the bonds refunded thereby and, in the discretion of such board of trustees, may be payable from any other source or sources which may be pledged to the payment of revenue bonds issued hereunder. Bonds of two (2) or more outstanding issues of the same board may be refunded in a single issue of refunding bonds.

SECTION 47. Section 37-29-115, Mississippi Code of 1972, is brought forward as follows:

37-29-115. The boards of trustees, in the issuance of bonds under the provisions of Section 37-29-109, in order to secure the payment of such bonds and the interest thereon, shall have power by resolution:

(a) To fix and maintain (1) fees, rentals and other charges to be paid by students, faculty members, or officers or employees using or being served by any dormitories, dwellings or apartments erected, repaired, remodeled, maintained, added to, extended, improved or acquired under the authority of Section 37-29-107; (2) fees, rentals and other charges to be paid by students, faculty members, or officers or employees using or being served by any other dormitories, dwellings or apartments or other projects or facilities at any junior college for which bonds are issued under the provisions of Section 37-29-109, which fees, rentals and other charges shall be the same as those applicable to the dormitories, dwellings or apartments referred to under (1) above; in fixing such fees, rentals and other charges, there may be allowed reasonable differentials based on the condition, type, location and relative convenience of the dormitories, dwellings or apartments or other projects or facilities in question, but such differentials shall be uniform as to all students, faculty members, officers or employees similarly accommodated;

(b) To provide that bonds issued under the provisions of Section 37-29-109 shall be secured by a first lien on, and shall be payable from, all or any part of the income and revenues derived from fees, rentals and other charges to be paid by students, faculty members, officers or employees using or being served by any dormitories, dwellings or apartments, or other projects or facilities operated at such junior colleges, respectively, and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under the authority of Section 37-29-107 or any other law, or otherwise, and not then currently pledged;

(c) To pledge and assign to or in trust for the benefit of the holder or holders of any bond or bonds, coupon or coupons issued under the provisions of Section 37-29-109, an amount of the income and revenues derived from such fees, rentals and other charges to be paid by students, faculty members, officers or employees, using or being served by any dormitories, dwellings or apartments, or other projects or facilities operated at such junior colleges, and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under the authority of Section 37-29-107 or any other law, or otherwise, and not then currently pledged, which rentals, fees and charges imposed and pledged shall be sufficient to pay when due the bonds issued under the provisions of Section 37-29-109 and interest thereon, to create and maintain a reasonable reserve therefor, and to operate and maintain the project constructed under the terms of Section 37-29-107, including insurance thereon, and to create and at all times maintain an adequate reserve for contingencies and for major repairs and replacements;

(d) To covenant with or for the benefit of the holder or holders of any bond or bonds, coupon or coupons issued under the provisions of Section 37-29-109 to erect, repair, remodel, maintain, add to, extend, improve or acquire any dormitories, dwellings or apartments, and, so long as any such bonds or coupons shall remain outstanding and unpaid, to fix, maintain and collect fees, rentals or other charges from students, faculty members, officers or employees using or being served by any such facilities erected, repaired, remodeled, maintained, added to, extended, improved, or acquired under the authority of Section 37-29-107 or any other law, or otherwise, which fees, rentals or other charges shall be sufficient to pay when due any bond or bonds, coupon or coupons, issued under the provisions of Section 37-29-109, and create and maintain a reasonable reserve therefor, and to pay the cost of operation and maintenance of such facilities, including insurance thereon, and to create and at all times maintain an adequate reserve for contingencies and for major repairs and replacements;

(e) To make and enforce and to agree to make and enforce parietal rules that shall ensure the use of any such dormitory, dwelling or apartment, by students, faculty members, officers or employees of such junior college to the maximum extent to which such facilities are capable of serving same, so long as such rules are not in conflict with existing covenants;

(f) To covenant that as long as any bonds or coupons issued under the provisions of Section 37-29-109 shall remain outstanding and unpaid, it will not, except upon such terms and conditions as may be determined by the resolution issuing such bonds, (1) voluntarily create, or cause to be created, any debt, lien, pledge, assignment, encumbrance, or other charge having priority to or being on a parity with the lien of the bonds so issued upon any of the income and revenues derived from fees, rentals and other charges to be paid by students, faculty members, officers or employees using or being served by any dormitories, dwellings or apartments operated at any such junior college and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under the authority of Section 37-29-107 or any other law, or otherwise, or (2) convey or otherwise alienate any such dormitories, dwellings or apartments, or the real estate upon which the same shall be located, except at a price sufficient to pay all the bonds then outstanding and interest thereon payable from the revenues of such facilities, and then only in accordance with any agreements with the holder or holders of such bonds, or (3) mortgage or otherwise voluntarily create, or cause to be created, any encumbrance on any such dormitory, dwelling or apartment, or the real estate upon which it shall be located;

(g) To covenant as to the proceedings by which the terms of any contract with a holder or holders of such bonds may be amended or rescinded, the amount or percentage of bonds the holder or holders of which must consent thereto, and the manner in which such consent may be given;

(h) To vest in the holder or holders of any specified amount of percentage of bonds the right to apply to any court of competent jurisdiction for and to have granted the appointment of a receiver or receivers of the income and revenues pledged to or for the benefit of the holder or holders of any such bonds, which receiver or receivers may have and be granted such powers and duties as are usually granted under the laws of the State of Mississippi to a receiver or receivers appointed in connection with the foreclosure of a mortgage made by a private corporation.

SECTION 48. Section 37-29-117, Mississippi Code of 1972, is brought forward as follows:

37-29-117. The holder of any bond or any interest coupon issued under the provisions of Sections 37-29-107 through 37-29-115 may, by suit, action, mandamus or other proceedings at law or in equity, enforce and compel performance by the appropriate official or officials of the said boards of trustees of any or all acts and duties to be performed by such boards or such officials under the provisions of said sections and under the resolution authorizing the issuance of such bond or interest coupon. If there be any default in the payment of the interest on and principal of any of such bonds, any court having jurisdiction in the proper action may, upon petition of the holder of any such bonds, appoint a receiver to administer and operate the facilities, the revenues of which were pledged to the payment of such bonds, with power to fix and collect fees, rentals and other charges sufficient to provide for the payment of all bonds outstanding, to the payment of which the revenues of such facilities were pledged and to pay the expenses of operating and maintaining such facilities and to apply the revenues thereof in conformity with the provisions of said sections and of the resolution authorizing the issuance of such bonds.

SECTION 49. Section 37-29-119, Mississippi Code of 1972, is brought forward as follows:

37-29-119. It shall be understood that the full faith and credit of the State of Mississippi is not pledged to the payment of such bonds as are issued under the provisions of Sections 37-29-107 through 37-29-115, and that such bonds are payable solely from the sources provided by law.

SECTION 50. Section 37-29-121, Mississippi Code of 1972, is brought forward as follows:

37-29-121. Any junior college district, supported in whole or in part by tax levies of one or more counties, may borrow not exceeding Fifty Thousand Dollars ($50,000.00), for the purpose of receiving, transporting, erecting on the ground of said institution, and equipping and furnishing any prefabricated houses, or other materials, or appliances, fixtures, machines, furnishings or equipment, obtained by grant or otherwise from the United States of America or any department or agency thereof, or from any other source, where the same may be acquired for the use of the institution, any student personnel, or faculty members.

SECTION 51. Section 37-29-123, Mississippi Code of 1972, is brought forward as follows:

37-29-123. In any such case the board of trustees of such junior college district by resolution or order, shall declare its intention to borrow any sum not in excess of the limitation fixed in Section 37-29-121, and shall recite in said resolution or order with reasonable particulars the purpose for which said funds are to be borrowed, and shall fix a schedule of amounts and dates of maturities by which such loans shall be repaid. Such resolution or order shall be duly recorded in the permanent minutes of the board of trustees of such institution. All such loans shall be fully repaid within six years, and they shall be evidenced by notes signed by the president and secretary of the board of trustees, which shall bear appropriate reference to the resolution or order of the board of trustees authorizing such loan. Such loan shall be retired in installments of not less than one-fifth the amount thereof on the first day of April of the year next succeeding the date of such loan and an equal amount on the same date of each and every year thereafter until said loan is paid.

Notes issued in evidence of such loans shall bear interest at a rate of not to exceed four percent (4%) per annum, all interest payable semi-annually, and no such note shall be sold or negotiated by said institution for less than par and accrued interest. Funds received by such institution from the sale or negotiation of any such notes shall be paid into the treasury of the institution and disbursed as other funds thereof are disbursed, but for no other purpose than that authorized by Section 37-29-121.

Such notes shall be lithographed, or engraved, and printed in two or more colors to prevent counterfeiting. Such notes shall bear the signature of the junior college issuing the same, by the president and secretary of the board of trustees thereof. They shall be impressed with the seal of such institution. Interest coupons attached may bear the facsimile signatures of the aforesaid officers of the board of trustees. Before negotiation or sale and delivery thereof, said notes shall be registered in a book kept in the business office of such institution.

All indebtedness so created shall be paid from first funds derived from tax levies for maintenance and operation of said school coming into the treasury thereof and from fees, rentals and other charges as provided in Section 37-29-125. In order to secure the prompt payment of any and all indebtedness, whether of principal or interest incurred hereunder, a special fund shall be established in the depository of the funds of said institution, the style of which shall be, "debt retirement fund of ____ junior college district," and immediately upon receipt of the distribution of said first funds derived from such tax levies, annually hereafter in advance of the due date of each and every installment of said indebtedness, a sufficient sum from said taxes shall be paid into said special fund for the retirement of all principal and interest coming due within said year equal to the difference, if any, between such principal and interest and the amount collected from fees, rentals and other charges, as provided in Section 37-29-125. Said debt retirement fund shall be used for no other purpose than for the payment of principal and interest of indebtedness incurred hereunder.

SECTION 52. Section 37-29-125, Mississippi Code of 1972, is brought forward as follows:

37-29-125. The board of trustees of any such junior college district borrowing money pursuant to the authority granted in Section 37-29-121, is hereby authorized and empowered to fix, maintain and collect fees, rentals and other charges to be paid by students, faculty members and others using, housed in or being served by any building or other housing facility erected or established under the terms and provisions of said section. All such fees, rentals and other charges shall likewise be paid into the debt retirement fund specified in Section 37-29-123, and shall be pledged for the prompt repayment of any and all indebtedness, whether of principal or interest, incurred under the provisions of said section. Nothing in Sections 37-29-121 through 37-29-127 shall be construed to authorize the levying or imposition of any taxes in excess of the limits and amounts which are now or may hereafter be provided by law.

SECTION 53. Section 37-29-127, Mississippi Code of 1972, is brought forward as follows:

37-29-127. Sections 37-29-121 through 37-29-125 shall be construed as cumulative and no restriction, limitation or prohibition of the general laws shall operate to curtail the authority or prescribe the procedure by which the purposes of said sections shall be effected.

SECTION 54. Section 37-29-131, Mississippi Code of 1972, is brought forward as follows:

37-29-131. The board of trustees of any community or junior college is hereby authorized and empowered to enter into lease agreements or service contracts with any governmental agency or political subdivision, corporation, partnership, joint venture, or individual under which the college may acquire by lease, lease-purchase or service contract for a primary term not to exceed thirty-five (35) years lands, buildings and related facilities which the board may determine necessary to provide additional facilities, services or educational opportunities to the college, its students, faculty and the community.

Any machinery, furnishings, fixtures and equipment for these facilities and use by the college may be acquired by lease or lease purchase provided that the primary term of such lease shall not exceed the estimated useful economic life of such machinery or equipment.

SECTION 55. Section 37-29-133, Mississippi Code of 1972, is brought forward as follows:

37-29-133. All such leases shall contain an option granting the board the right to purchase the leased property upon the expiration of the primary term or upon such earlier date as may be agreed upon. With respect to leased machinery, furniture, fixtures and equipment, the purchase price shall be specified in the lease contract separately and distinctly from that portion of lease payments attributable to interest. With respect to other property, the purchase price, excluding payments attributable to interest, shall not exceed the appraised fair market value of the leased property at the time the college takes possession of the property for occupancy.

SECTION 56. Section 37-29-135, Mississippi Code of 1972, is brought forward as follows:

37-29-135. The board of trustees is authorized to lease land and/or buildings owned by the college to any governmental agency, political subdivision, corporation, partnership, joint venture, or individual for the purpose of enabling such persons to construct thereon or repair, renovate and rehabilitate any buildings or facilities the board may determine as necessary and beneficial for additional facilities, services or educational opportunities to the college, students, faculty or the community, and to lease such building and facilities to the college.

SECTION 57. Section 37-29-137, Mississippi Code of 1972, is brought forward as follows:

37-29-137. Subject to the provisions of Sections 37-29-131 through 37-29-139, any lease agreement shall be binding on the board of trustees of the college and any party thereto in accordance with its terms; provided, however, that any such lease shall include a provision that the lessee's obligation to pay any amounts due or perform any covenants requiring or resulting in the expenditure of money shall be contingent and expressly limited to the extent of any covenants requiring or resulting in the expenditure of money shall be contingent and expressly limited to the extent of any appropriation made to fund such lease agreement and that nothing contained in the lease agreement shall be construed as creating any monetary obligations on the part of the lessee beyond such current and specific support appropriations. Rentals payable by the community or junior college under leases pursuant to Sections 37-29-131 through 37-29-139 shall be payable from any revenue available for the support and enlargement, improvement, and repair of the college.

SECTION 58. Section 37-29-139, Mississippi Code of 1972, is brought forward as follows:

37-29-139. Sections 37-29-131 through 37-29-139, without reference to any other statute shall be deemed to be full and complete authority for the authorization, execution and delivery of lease agreements authorized hereunder and shall be construed as an additional and alternative method; and none of the present restrictions, requirements, conditions and limitations of law applicable to acquisition, construction and drawing of buildings or facilities shall apply to lease agreements under this act and no proceeding shall be required for the authorization, execution and delivery of such leases other than those required herein, and all powers necessary to be exercised in order to carry out the provisions of this act are hereby conferred.

SECTION 59. Section 37-29-141, Mississippi Code of 1972, is brought forward as follows:

37-29-141. (1) The board of trustees of any junior college district is expressly authorized and empowered to make a thorough study and evaluation of the costs of operation of the junior college district, and said board shall recommend a fair and acceptable tax rate for district general support and maintenance from each of the member counties.

The board of trustees of any junior college district as constituted as of July 1, 1964, shall have the authority to recommend the tax levy necessary for a newly contributing county to have representation on the board of trustees of said junior college.

From and after October 1, 1989, no county shall levy less than (a) one (1) mill for the support, and (b) one (1) mill for the enlargement, improvement and repair of the junior college within the district of which the county is a member. From and after October 1, 1990, the board of trustees of any junior college district may, by a sixty percent (60%) affirmative vote of the members of such board, recommend an additional one (1) mill which may be used for the support or for the enlargement, improvement and repair of the junior college within the district of which the county is a member. If a county is levying more than the minimum levy required herein for one category but less than the minimum levy required for the other, then the excess millage under the one may be applied towards making up the deficiency which exists in the other. If a county contributes to two (2) junior college districts, the combined levy for both districts shall not be less than the minimums required herein.

Any county having any school district located therein with a current operating deficit of Two Hundred Thousand Dollars ($200,000.00) or more on July 1, 1989, shall not be required to levy the minimum millage required under this subsection (1) until such time as the said operating deficit is eliminated, or for a period of three (3) fiscal years, whichever is less. Provided, however, that no such county shall levy a smaller tax millage for capital improvements and general support of a junior college district than was levied for the previous year.

No county shall levy a smaller tax millage for capital improvements and general support of a junior college district than was levied for the previous year, unless requested to make such reduction by the board of trustees of the district. When a county has a general reassessment of property to increase the county ad valorem tax assessments, such county may reduce the millage for general support and capital improvements, provided that its aggregate budget for junior college purposes is not lower than was paid the previous year.

In lieu of taxation, the board of trustees may fix the amount of enrollee tuition in an amount commensurate with the per capita cost of operating the district, which may also include any fees assessed by the board upon each student enrolled under the authority of Section 37-29-231 for the purpose of offsetting the cost of first responder services provided to the main campus of the community college by the local governing authority in accordance with the provisions of the contract entered into under the authority of Section 21-25-23 or the interlocal agreement entered into under the authority of Section 37-29-231.

(2) Taxes for the support, enlargement, improvement and repairs of junior colleges shall be levied annually against all of the property of each county and of each municipal separate school district, including added territory, which has established or may hereafter establish, or which has joined or may hereafter join, in the establishment or support of a junior college. In no case shall such levy exceed three (3) mills for support and three (3) mills for enlargement, improvement and repairs for each junior college within the district of which the county or municipal separate school district may be a component.

(3) The levy for support for any year in any given county or separate school district is that presently prevailing therein unless a change is recommended to the tax levying authorities by the board of trustees or by a vote of the people ascertained in an election called for that purpose by the tax levying authorities subsequent to the petition therefor signed by twenty percent (20%) of the qualified electors.

(4) Notwithstanding any provision of this section to the contrary, the minimum millage required under subsection (1) shall not be levied by the board of supervisors of any county within a junior college district until the board of trustees of the district adopts annually, an order, by a sixty percent (60%) affirmative vote of the members of the board, that such minimum millage shall be levied by each county within the district.

SECTION 60. Section 37-29-143, Mississippi Code of 1972, is brought forward as follows:

37-29-143. (1) (a) Except as provided in paragraph (b) of this subsection, on or before the thirtieth day of each month, the board of supervisors of each county levying taxes pursuant to subsection (1) of Section 37-29-141, for the support and maintenance of the county's respective community college district shall transmit or have the chancery clerk transmit its warrant or warrants constituting all of the revenues received from taxation for the prior month for those purposes to the chief executive officer or president of the county's respective community college district. All such county warrants evidencing a county's annual revenue from the tax levy shall be immediately deposited in one or more banking institutions and public depositories previously selected by the board of trustees of the community college district and spread upon its official minutes.

(b) The county board of supervisors, by appropriate resolution, may designate the tax collector as the official to transmit revenues from taxes levied by the county under Section 37-29-141(1) for the support and maintenance of the county's respective community college district. If so designated, on or before the twentieth day of each month, the tax collector of each county levying such taxes shall transmit all of the revenues received from taxation for the prior month for those purposes to the chief executive officer or president of the county's respective community college district. All such revenues from the tax levy of the county shall be immediately deposited in one or more public depositories of the community college district.

(2) The board of trustees shall, by appropriate orders spread upon its minutes, authorize its chief executive officer or president to expend such funds acquired under subsection (1)(a) and (b) for lawful purposes only and in accordance with its annual budget previously adopted. The board of trustees may require its designated employees, including its president, and fiscal agents to enter into and file with the president of the college a surety bond to ensure the faithful performance of the public duties of each officer or agent who is authorized to receive and expend the funds of the district. Such bond may be of such denomination and conditions as the board of trustees may deem necessary and requisite, and the premium thereon shall be paid from the funds of the district.

(3) (a) Except as provided in paragraph (b) of this subsection, all funds derived from such taxes as are provided for in subsection (2) of Section 37-29-141 shall be paid into the county depository of the county in which the community or junior college is located upon receipt warrants of the chancery clerk of said county. Such funds shall be paid out of the depository in the manner prescribed by order of the board of trustees of the community or junior college for purposes provided by statute.

(b) The county board of supervisors, by appropriate resolution, may designate the tax collector as the official to transmit funds from taxes levied by the county under Section 37-29-141(2) for the community college district. If so designated, the tax collector of each county shall transmit all funds derived from such taxes to the public depository or depositories of the community college district. Such funds shall be paid out of the depository or depositories in the manner prescribed by order of the board of trustees of the community college district for purposes provided by statute.

SECTION 61. Section 37-29-145, Mississippi Code of 1972, is brought forward as follows:

37-29-145. In the event any county shall have outstanding bonds or other indebtedness which were sold or levied for the support and maintenance of a public junior college which was in operation as of July 1, 1964, and such county becomes a part of a legally constituted junior college district as provided in Section 37-29-31, the board of supervisors of such county shall continue to levy taxes upon such county until such bonds or other indebtedness shall be fully paid according to the terms thereof.

SECTION 62. Section 37-29-161, Mississippi Code of 1972, is brought forward as follows:

37-29-161. Sections 37-29-161 through 37-29-173 may be cited as the "Mississippi Junior College Vocational and Technical Training Law of 1964."

SECTION 63. Section 37-29-163, Mississippi Code of 1972, is brought forward as follows:

37-29-163. It is hereby declared to be the intent of the Legislature that those funds appropriated to the State Building Commission for the Junior College Vocational and Technical Training Fund shall be expended to expand immediately and improve existing programs, to institute new programs and to provide adequate equipment and facilities for existing and new programs for vocational and technical training individually or collectively within the public junior colleges of the state. The Legislature further declares its intent to be that the presently existing physical facilities of the junior colleges shall be utilized in the development and implementation of such vocational and technical training programs where possible.

SECTION 64. Section 37-29-165, Mississippi Code of 1972, is brought forward as follows:

37-29-165. There is hereby created within the State Building Commission a fund for the stimulation of the vocational and technical training programs of the junior colleges of the State of Mississippi. All sums of money received by the state building commission to carry out the provisions of the Mississippi Junior College Vocational and Technical Training Law of 1964 shall be maintained in the State Treasury and shall constitute a fund to be known as the "Junior College Vocational and Technical Training Fund." All expenditures therefrom shall be authorized by the State Building Commission in the manner set forth in Section 37-29-171. Such expenditures shall be paid therefrom by the State Treasurer on warrants issued by the auditor of public accounts. Said auditor shall issue his warrant upon requisition signed by the chairman and secretary of said commission.

SECTION 65. Section 37-29-167, Mississippi Code of 1972, is brought forward as follows:

37-29-167. Any state public junior college desiring any benefit available under the provisions of the Mississippi Junior College Vocational and Technical Training Law of 1964 shall make application in triplicate therefor to the Mississippi Community College Board, and submit the same in the form and manner as said commission may direct.

The board of trustees of the junior college district is required and it is empowered to allocate local matching funds on at least a fifty-fifty basis to supplement state funds, and the commission shall determine the rules and conditions appertaining to same.

The board of trustees is authorized to receive all grants, scholarships or donations in carrying out the provisions of said law.

SECTION 66. Section 37-29-169, Mississippi Code of 1972, is brought forward as follows:

37-29-169. The formula for allocating funds to the state's public junior colleges in support of the purposes set forth in Section 37-29-163 shall be determined by the Mississippi Community College Board based upon need for the program set forth in the application.

Said board shall furnish a copy of the application to the Governor's Office of General Services and a copy to the Board of Economic Development. The Board of Economic Development shall review each application, and if said board finds and determines there exists a need for said training programs, facilities and equipment, it shall issue a certificate of necessity to the Mississippi Community College Board, which certificate of necessity shall be a prerequisite for approval.

The Mississippi Community College Board shall consider each application with reference to adequacy of the past, present and prospective use of the instruction, personnel, curriculum, equipment, budget, operation, facilities, grants, scholarships, tuition, maintenance and other similar administrative and technical data as relates to each junior college. The said board shall, by resolution or order, approve or disapprove the application.

SECTION 67. Section 37-29-171, Mississippi Code of 1972, is brought forward as follows:

37-29-171. No expenditures shall be made under the provisions of the Mississippi Junior College Vocational and Technical Training Law of 1964 for the construction of new buildings, renovation or expansion of existing buildings, the purchase of any new or used instructional equipment, machinery and instructional facilities, or for any other purpose under the provisions of said law until approval of the state building commission is obtained by resolution duly entered upon its minutes.

SECTION 68. Section 37-29-173, Mississippi Code of 1972, is brought forward as follows:

37-29-173. Local funds made available to the junior colleges or supporting funds allocated in support of the Mississippi Junior College Vocational and Technical Training Law of 1964, or both, may be used to supplement any other funds that may now be, or that may hereafter become, available for the purposes of carrying out the intent of said law. In no event, however, shall any expenditures be made under the provisions of said law unless the amount of local funds involved shall be equal to or exceed the amount of state funds made available for the projects or programs involved.

SECTION 69. Section 37-29-175, Mississippi Code of 1972, is brought forward as follows:

37-29-175. If a junior college now or hereafter establishes facilities for the industrial training of students and it appears to the board of trustees of the junior college district that the training of students will be facilitated by the continuous operation of such facilities, the trustees are authorized to lease to individual firms or corporations such facilities or a part thereof upon such terms and conditions as the trustees may approve, provided that all students desirous of securing training of the kind offered by the lessee shall be given a reasonable opportunity therefor.

SECTION 70. Section 37-29-177, Mississippi Code of 1972, is brought forward as follows:

37-29-177. Specialized programs in vocational and vocational technical education which are not available to students in their home districts, but which are offered in other districts, shall be available to such students on a non out of district fee basis.

SECTION 71. Section 37-29-231, Mississippi Code of 1972, is brought forward as follows:

37-29-231. (1) The provisions of Sections 37-103-1 through 37-103-29 relating to the legal residence of and tuition to be charged any student applying for admission to state educational institutions shall be applicable to the boards of trustees of each junior college district in the state and to the administrative authorities of each such junior college governed by said board.

(2) (a) The board of trustees of each community or junior college is authorized, in its discretion and as deemed necessary, to enter into contract with a municipality as authorized under Section 21-25-23, or into an interlocal agreement with the county governing authority of the county wherein the community or junior college is located if situated outside of the incorporated limits of any city or municipality therein, to provide fire protection and first responder services to the main campus of the community or junior college for which the contract or interlocal agreement was entered. In addition to fire protection services, first responder services shall also include law enforcement services and emergency medical transportation services.

(b) Upon entering such contract or interlocal agreement, the board of trustees of the community or junior college receiving services under the contract or interlocal agreement may assess each student a fee not to exceed Five Dollars ($5.00), each semester to offset the cost associated with the services provided, which shall be allocated by the board of trustees to the local governing authority providing first responder services. This paragraph (b) shall stand repealed on July 1, 2027.

SECTION 72. Section 37-29-232, Mississippi Code of 1972, is brought forward as follows:

37-29-232. (1) For the purposes of this section:

(a) "Health care professional/vocational technical academic program" means an academic program in medicine, nursing, dentistry, occupational therapy, physical therapy, social services, nutrition services, speech therapy, or other allied-health professional whose purpose is to prepare professionals to render patient care services.

(b) "Health care professional/vocational technical student" means a student enrolled in a health care professional/vocational technical academic program.

(2) The dean or director of the health care professional/vocational technical academic program is authorized to ensure that criminal history record checks and fingerprinting are obtained on their students before the students begin any clinical rotation in a licensed health care entity and that the criminal history record check information and registry checks are on file at the academic institution. In order to determine the student's suitability for the clinical rotation, the student shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety, the Department of Health, or any other legally authorized entity to the FBI for a national criminal history record check. The fee for the fingerprinting and criminal history record check shall be paid by the applicant, not to exceed Fifty Dollars ($50.00); however, the academic institution in which the student is enrolled, in its discretion, may elect to pay the fee for the fingerprinting and criminal history record check on behalf of any applicant. Under no circumstances shall the academic institution representative or any individual other than the subject of the criminal history record checks disseminate information received through any such checks except insofar as required to fulfill the purposes of this section.

(3) If the fingerprinting or criminal history record checks disclose a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(h), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault, or felonious abuse and/or battery of a vulnerable adult that has not been reversed on appeal or for which a pardon has not been granted, the student shall not be eligible to be admitted to the health care professional/vocational technical academic program of study. Any preadmission agreement executed by the health care professional/vocational technical academic program shall be voidable if the student receives a disqualifying criminal history record check. However, the administration of the health care professional/vocational technical academic program may, in its discretion, allow any applicant aggrieved by the admissions decision under this section to appear before an appeals committee or before a hearing officer designated for that purpose, to show mitigating circumstances that may exist and allow the student to be admitted to or continue in the program of study. The health care professional/vocational technical academic program may grant waivers for those mitigating circumstances, which shall include, but not be limited to: (a) age at which the crime was committed; (b) circumstances surrounding the crime; (c) length of time since the conviction and criminal history since the conviction; (d) work history; (e) current employment and character references; (f) other evidence demonstrating the ability of the student to perform the clinical responsibilities competently and that the student does not pose a threat to the health or safety of patients in the licensed health care entities in which they will be conducting clinical experiences. The health care professional/vocational technical academic program shall provide assurance to the licensed health care entity in which the clinical rotation is planned that the results of a health care professional/vocational technical student's criminal history record check would not prohibit the student from being able to conduct his or her clinical activities in the facility, institution, or organization. The criminal history record check shall be valid for the course of academic study, provided that annual disclosure statements are provided to the health care professional/vocational technical academic program regarding any criminal activity that may have occurred during the student's tenure with the health care professional/vocational technical academic program. The criminal history record check may be repeated at the discretion of the health care professional/vocational technical academic program based on information obtained during the annual disclosure statements. In extenuating circumstances, if a criminal history record check is initiated and the results are not available at the time the clinical rotation begins, the academic institution in which the student is enrolled, at its discretion, may require a signed affidavit from the student assuring compliance with this section. The affidavit will be considered void within sixty (60) days of its signature.

(4) Criminal history record checks that are done as part of the requirements for participation in the health care professional/vocational technical academic program may not be used for any other purpose than those activities associated with their program of study. Students who may be employed as health care professionals outside of their program of study may be required to obtain additional criminal history record checks as part of their employment agreement.

(5) No health care professional/vocational technical academic program or academic program employee shall be held liable in any admissions discrimination suit in which an allegation of discrimination is made regarding an admissions decision authorized under this section.

SECTION 73. Section 37-29-261, Mississippi Code of 1972, is brought forward as follows:

37-29-261. The board of supervisors of any county which levies a tax for the support of a junior college district may, in its discretion, permit county road department employees or road district employees, if any, to operate county-owned equipment and machinery to assist in the maintenance of the public property on such junior college campus.

The board of trustees of the junior college district affected and the board of supervisors may agree as to the terms and conditions under which such public property may be worked and supplies or materials may be furnished.

SECTION 74. Section 37-29-263, Mississippi Code of 1972, is brought forward as follows:

37-29-263. Any other provision of law to the contrary notwithstanding, the various junior colleges of the state are authorized to defray the cost of providing electronic data processing equipment out of any available funds acquired from taxes levied within the junior college district, whether designated for capital expenditures or operating costs, whether such equipment is acquired by purchase, lease or under any other form of contract. However, no such funds shall be expended unless the acquisition of such equipment has been approved by the central data processing authority.

SECTION 75. Section 37-29-265, Mississippi Code of 1972, is brought forward as follows:

37-29-265. The municipalities of Mississippi and the municipal separate school districts in Mississippi are hereby authorized and empowered to issue municipal bonds or municipal separate school district bonds to aid in procuring the establishment, location, and maintenance of junior colleges which have been or may hereafter be established. Said bonds shall be issued as provided by law. The proceeds of the sale of said bonds may be used for the purchase of lands, buildings or for erecting buildings, or in any way to aid in the establishment and maintenance of junior colleges.

SECTION 76. Section 37-29-267, Mississippi Code of 1972, is brought forward as follows:

37-29-267. Any municipality, county or counties, acting alone or jointly with other counties or municipalities, which have organized or shall hereafter organize a junior college under the provisions of Sections 37-29-1 through 37-29-273, shall be authorized to purchase lands or buildings for such college for cash or upon the installment plan. The deferred balance shall not bear interest in excess of that allowed for tax anticipation notes in Section 75-17-105, Mississippi Code of 1972, and any deferred balance may be secured by a vendor's lien or by promissory notes and a deed of trust to be executed by the designated representative of the trustees of the junior college district. Title to such property shall be taken in the name of the trustees of such junior college district and their successors in office.

The board of supervisors of such county or counties, or in the case of a multiple county district the county of location acting alone or with one or more of the other counties, and the mayor and board of aldermen or other governing authority of such municipalities, are hereby authorized to levy annually a sufficient ad valorem tax to pay the down payment or yearly installments provided in the deed or deed of trust, or may use the three (3) mills provided in subsection (2) of Section 37-29-141, allowed for enlargement and improvements.

At the time of the purchase of said lands or buildings there shall be entered on the minutes of the board of supervisors of each county or board of aldermen or other governing authority of each municipality participating, an order specifying the amount to be paid for such property and providing for the annual installments, and obligating the governing authorities of such county, counties, or municipalities to levy annually a sufficient ad valorem tax to pay such installment. The funds collected by such tax levy shall be paid into the hands of the county superintendent of the county in which such junior college is located, and disbursed by him as said installments become due.

In the event there is, at the time of the purchase of said property, an indebtedness due secured by a lien on such property, then the board of trustees of such junior college district shall have the authority to assume such indebtedness and pay same as a part of the purchase price of said property.

The junior college district shall have the privilege of prepaying all or a portion of the deferred balance at any time without penalty, and for this purpose may use any appropriate available funds.

Unneeded land or buildings or facilities located on property so acquired may be leased, or the buildings may be sold and removed.

By the authority given in this section for the home county of a junior college district to purchase land for junior college purposes, such indebtedness incurred or funds expended cannot become a binding obligation on other counties in the junior college district unless the boards of supervisors of such counties expressly consent thereto.

SECTION 77. Section 37-29-268, Mississippi Code of 1972, is brought forward as follows:

37-29-268. (1) There is hereby created in the State Treasury a special fund to be designated as the "Community College Repair and Renovation Fund" which shall consist of monies appropriated or otherwise made available therefor by the Legislature. Within the special fund, the State Treasury shall establish a subaccount for each community and junior college. Interest earned on monies in the special fund shall be deposited to the credit of such fund and money shall not lapse at the end of the fiscal year into the State General Fund. Money in the special fund shall be appropriated by the Legislature and allocated by the Bureau of Building, Grounds and Real Property Management, Department of Finance and Administration, for the repair, renovation and improvement of existing facilities owned by the community and junior colleges, including utility infrastructure projects; heating, ventilation and air conditioning systems; and the replacement of furniture and equipment. However, the cost of such repair, renovation and improvement for any one (1) project shall not exceed One Million Dollars ($1,000,000.00).

(2) Monies in the special fund shall be allocated to each community college's subaccount as follows:

(a) One-half (1/2) divided equally among the fifteen (15) public community and junior colleges; and

(b) One-half (1/2) divided upon the basis of the number of full-time academic, technical and vocational public community and junior college students actually enrolled and in attendance on the last day of the sixth week of the fall semester of the preceding year counting only those students who reside within the State of Mississippi. On or before December 1 of each year, the Mississippi Community College Board shall furnish the Bureau of Building, Grounds and Real Property Management, Department of Finance and Administration, the enrollment information required in this paragraph (b), including the percentage of statewide enrollment attributed to each community and junior college.

(3) For the purposes of this section, the term "furniture and equipment" shall be limited to the types of furniture and equipment items previously recorded in the community college's inventory.

SECTION 78. Section 37-29-269, Mississippi Code of 1972, is brought forward as follows:

37-29-269. Nothing in Sections 37-29-1 through 37-29-273 shall be construed to repeal any statute relating to county agricultural high schools, and it is expressly provided that such schools may be operated in conjunction with junior colleges. However, when so operated they shall be under control of the president and boards of trustees of the junior college districts.

Any agricultural high school which is not located on or adjacent to an existing junior college shall continue to be operated as heretofore and shall in no way be affected by the provisions of Sections 37-29-1 through 37-29-273.

When a junior college through the agricultural high school provides high school facilities of any school district, then the pupils from that district may be enumerated as other pupils in the common schools and the school district or county superintendent may pay to the junior college tuition such as determined by the State Department of Education for any other schools, and no agricultural high school funds shall be disbursed for pupils for whom such tuition is paid.

SECTION 79. Section 37-29-273, Mississippi Code of 1972, is brought forward as follows:

37-29-273. The county superintendent of education of a county in which there is located and operated a legally constituted municipal junior college may provide for the attendance of pupils residing in the county of which he is superintendent of education at such municipal junior college, and pay for same by certificate drawn by him on the special junior college fund. Said fund shall be raised by a levy made by the board of supervisors upon the recommendation of the county board of education. However, the amount so paid shall not be greater than the pro rata share of such pupils in the actual cost of incidentals and tuition of such municipal junior college.

SECTION 80. Section 37-29-275, Mississippi Code of 1972, is brought forward as follows:

37-29-275. Any act, which, if committed within the limits of a city, town or village, or in any public place, would be a violation of the general laws of this state, shall be criminal and punishable if done on the campus, grounds or roads of any of the state-supported junior colleges. The peace officers duly appointed by the board of trustees of state-supported community or junior colleges or officers of private security firms licensed by the State of Mississippi contracted by the boards of trustees of state-supported community/junior colleges are vested with the powers and subjected to the duties of a constable for the purpose of preventing and punishing all violations of law on state-supported junior college grounds and for preserving order and decorum thereon. Peace officers appointed by the boards of trustees or officers of private security firms licensed by the State of Mississippi contracted by the boards of trustees shall have authority to bear arms in order to carry out their law enforcement responsibilities if such officers have been certified according to the minimum standards established by the Board on Law Enforcement Officer Standards and Training. The peace officers duly appointed by the boards of trustees of public community/junior colleges are also vested with the powers and subjected to the duties of a constable for the purpose of preventing all violations of law that occur within five hundred (500) feet of any property owned by the college, if reasonably determined to have a possible impact on the safety of students, faculty or staff of the college while on said property. Provided, however, that nothing in this section shall be interpreted to require action by any such peace officer appointed by a college to events occurring outside the boundaries of college property, nor shall any such college or its employees be liable for any failure to act to any event occurring outside the boundaries of property owned by the college. If a law enforcement officer is duly appointed to be a peace officer by a college under this section, the board of trustees of the public community/junior college may enter into an interlocal agreement with other law enforcement entities for the provision of equipment or traffic control duties, however, the duty to enforce traffic regulations and to enforce the laws of the state or municipality off of college property lies with the local police or sheriff's department which cannot withhold its services solely because of the lack of such an agreement.

SECTION 81. Section 37-29-277, Mississippi Code of 1972, is brought forward as follows:

37-29-277. When the board of trustees of any community or junior college or educational building corporation created under Sections 37-29-601 through 37-29-613 acquires auxiliary facilities by lease, lease-purchase or service contract, or borrows money to purchase the property, the board of trustees or educational building corporation shall obtain business interruption insurance in an amount sufficient to pay lease payments or debt service payments for the period of time required to restore or rebuild leased or financed facilities damaged or destroyed by a catastrophic event such as a fire, storm, tornado or earthquake.

SECTION 82. Section 37-29-305, Mississippi Code of 1972, is brought forward as follows:

37-29-305. (1) In funding community and junior colleges, the actual amount of the annual appropriation of the community and junior colleges general support bill shall be computed as follows:

(a) Calculate the state funding per student for Grades K-12 by dividing the total revenue from state funds by the ADA. Both the funding and ADA figures shall be provided by the State Department of Education.

(b) Calculate the state funding per FTE for regional universities by dividing the state funds for E & G operations by FTE enrollment. Both funding and enrollment figures shall come from the SREB State Data Exchange.

(c) Mid-level funding for community and junior colleges shall be the average as computed from paragraphs (a) and (b) of this subsection multiplied by the total community and junior college FTEs. This amount shall be appropriated annually by the Legislature to the community and junior colleges.

(2) Data used in the calculation of paragraphs (a), (b) and (c) of subsection (1) shall be the most current available data utilizing the same fiscal year for all entities involved. Information from the SREB State Data Exchange shall be used to ensure common denominators in the calculation of FTE enrollment and to ensure consistent reporting of financial data.

SECTION 83. Section 37-29-321, Mississippi Code of 1972, is brought forward as follows:

37-29-321. (a) (i) A special fund, to be designated as the "2022 Community and Junior Colleges Capital Improvements Fund," is created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund. Monies in the fund may not be used or expended for any purpose except as authorized under this section.

(ii) Monies deposited into the fund shall be disbursed, in the discretion of the Department of Finance and Administration, to pay the costs of acquisition of real property, construction of new facilities, equipping and furnishing facilities, including furniture and technology equipment and infrastructure, and addition to or renovation of existing facilities for community and junior college campuses as recommended by the Mississippi Community College Board. The amount to be expended at each community and junior college is as follows:

Coahoma......................................... $ 1,570,500.00

Copiah-Lincoln.................................... 1,840,500.00

East Central....................................... 1,735,500.00

East Mississippi................................... 2,015,500.00

Hinds............................................ 3,780,500.00

Holmes............................................ 2,656,500.00

Itawamba.......................................... 2,415,500.00

Jones............................................. 2,295,500.00

Meridian.......................................... 1,840,500.00

Mississippi Delta.................................. 1,655,500.00

Mississippi Gulf Coast............................. 3,357,500.00

Northeast Mississippi.............................. 2,145,500.00

Northwest Mississippi.............................. 3,500,000.00

Pearl River....................................... 2,545,500.00

Southwest Mississippi.............................. 1,645,500.00

GRAND TOTAL..................................... $35,000,000.00

(b) Amounts deposited into such special fund shall be disbursed to pay the costs of projects described in paragraph (a) of this section. If any monies in such special fund are not used within four (4) years after the date funds are transferred under Section 2 of Chapter 510, Laws of 2022, from the Capital Expense Fund created in Section 27-103-303, Mississippi Code of 1972, into the special fund, then the community college or junior college for which any such monies are allocated under paragraph (a) of this section shall provide an accounting of such unused monies to the Department of Finance and Administration.

(c) The Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, is expressly authorized and empowered to receive and expend any local or other source funds in connection with the expenditure of funds provided for in this section. The expenditure of monies deposited into the special fund shall be under the direction of the Department of Finance and Administration, and such funds shall be paid by the State Treasurer upon warrants issued by such department, which warrants shall be issued upon requisitions signed by the Executive Director of the Department of Finance and Administration, or his designee.

SECTION 84. Section 37-29-401, Mississippi Code of 1972, is brought forward as follows:

37-29-401. There is hereby created a junior college district comprised of the territory lying within Harrison, Stone, George and Jackson Counties and having boundaries coinciding with the external boundaries thereof.

The name of the said junior college district shall be the Mississippi Gulf Coast Junior College District of Mississippi and the said district shall be and the same is hereby constituted a legal political governmental subdivision and a body corporate.

SECTION 85. Section 37-29-403, Mississippi Code of 1972, is brought forward as follows:

37-29-403. All of the property belonging to the board of trustees of Perkinston Junior College and all of the property belonging to either or all of the counties prior to and as of May 10, 1962, cooperating in the Perkinston Junior College or the agricultural high school junior college located at Perkinston, Mississippi and utilized or held for the present or future use and benefit of said junior college and/or agricultural high school junior college shall be and the same is hereby transferred to and vested in the Mississippi Gulf Coast Junior College District.

SECTION 86. Section 37-29-405, Mississippi Code of 1972, is brought forward as follows:

37-29-405. The Mississippi Gulf Coast Junior College District shall be under the executive direction of a president elected by the board of trustees of said district.

SECTION 87. Section 37-29-407, Mississippi Code of 1972, is brought forward as follows:

37-29-407. The president of the junior college shall have the power to recommend to the trustees all teachers to be employed and he may remove or suspend any member of the faculty subject to the approval of the trustees. He shall be the general manager of all fiscal and administrative affairs of the district with full authority to select, direct, employ and discharge any and all employees other than teachers.

The president shall have the authority, subject to the provisions of Sections 37-29-401 through 37-29-437 and the approval of the trustees, to arrange and survey courses of study, fix schedules, and establish and enforce rules and discipline for the governing of teachers and students. He shall be the general custodian of the property of the district.

SECTION 88. Section 37-29-409, Mississippi Code of 1972, is brought forward as follows:

37-29-409. The operation and control of the Mississippi Gulf Coast Junior College District and the college or colleges operated therein shall be vested in a board of trustees representing each of the four (4) counties lying within the district. The board of trustees shall consist of twenty-three (23) members. Of the said number Harrison County shall be entitled to eight (8) members, Stone County shall be entitled to three (3) members, George County shall be entitled to three (3) members and Jackson County shall be entitled to eight (8) members. In no event in the future shall any of the counties have more than the number hereinabove established. The members of the board of trustees from each county shall be elected by the board of supervisors of the county. Except as hereinafter specified the term of office of each trustee shall be five (5) years. The members of the board of trustees serving on July 1, 1989, shall continue to serve until their terms expire. All shall be appointed for a term of five (5) years each.

There shall be one (1) additional member of the board who shall be selected by the members of the board of trustees who shall reside alternatively in Jackson and Harrison Counties, with the initial appointment to be made from Jackson County for a term of five (5) years.

SECTION 89. Section 37-29-411, Mississippi Code of 1972, is brought forward as follows:

37-29-411. The Board of Trustees of the Mississippi Gulf Coast Junior College District shall have the powers to do all things necessary to the successful operation of the said district and the college or colleges or attendance centers located therein.

The several colleges of the said district shall be under the direction of the board of trustees and the president and under the local supervision of a dean. The board of trustees shall, by resolution or order, provide for the government, maintenance and operation of each of the colleges within the district.

The said junior college district shall have all the powers of other junior college districts or junior colleges in the State of Mississippi and the delineation and enumeration of the powers and purposes set out in Sections 37-29-401 through 37-29-437 shall be deemed to be supplemental and additional and shall not be construed to restrict the powers of the governing authorities of the district or of any college located therein so as to deny to the said district and the colleges therein the rights, privileges and powers enjoyed by other junior colleges and junior college districts in the State of Mississippi.

The said junior college district shall remain subject to the jurisdiction and control of the Mississippi Community College Board as now established or as the same may be hereafter changed by law, and shall be subject to all rules and regulations and all statutory limitations which are now in effect or may hereafter be imposed, except as the same may be in direct conflict with the provisions of Sections 37-29-401 through 37-29-437.

SECTION 90. Section 37-29-413, Mississippi Code of 1972, is brought forward as follows:

37-29-413. The Mississippi Gulf Coast Junior College District is hereby authorized and empowered to operate junior college attendance centers at Perkinston, Mississippi, in the vicinity of Gulfport and Biloxi and in the vicinity of Pascagoula and Moss Point and at such other places within the district, subject to the approval of the Mississippi Community College Board, as the board of trustees shall determine to be in the best interest of the district.

SECTION 91. Section 37-29-415, Mississippi Code of 1972, is brought forward as follows:

37-29-415. The board of trustees of the Mississippi Gulf Coast Junior College District shall, on or before the fifteenth day of June each year, prepare and file the annual budget of the district. The said budget shall contain a detailed estimate of the revenues and expenses anticipated for the ensuing year for general operation and maintenance and shall set forth the reasonable requirements for anticipated needs for capital outlays for land, buildings, initial equipment for new buildings and major repairs, a reasonable accumulation for such purposes being hereby expressly authorized. Funds derived from the levy for capital outlay shall be kept in a separate account and expended for capital outlay purposes only.

SECTION 92. Section 37-29-417, Mississippi Code of 1972, is brought forward as follows:

37-29-417. The trustees of the Mississippi Gulf Coast Junior College District are authorized to execute oil, gas and mineral leases on any of the property of the district but such leases shall not extend for a term beyond five (5) years unless oil, gas or other minerals shall be in production under said leases at the expiration of said period. The terms and conditions of said lease, within the limitations above set out, shall be for the determination and within the discretion of the trustees.

SECTION 93. Section 37-29-419, Mississippi Code of 1972, is brought forward as follows:

37-29-419. When any land or other property owned by the Mississippi Gulf Coast Junior College District shall cease to be used or needed by the district, the same may be sold by the board of trustees upon sealed bids after three weeks' advertisement in a newspaper in the county where the said property is located. Personal property having a value determined by the board of less than Five Hundred Dollars ($500.00) may be sold without such advertisement; however, in such event notice shall be posted in at least three public places in the county where such property is situated or where it is to be sold, giving notice of the time and place of such sale, and such property shall be sold to the highest and best bidder for cash. Such notice shall be posted for ten days before the sale.

SECTION 94. Section 37-29-421, Mississippi Code of 1972, is brought forward as follows:

37-29-421. The Mississippi Gulf Coast Junior College District is charged with the responsibility for providing pre professional courses, liberal arts, technical, vocational, and adult education courses and shall undertake to provide the same as conveniently as is possible to the residents of the district and to this end the board of trustees is authorized and empowered to transport such students as, in its discretion, should be transported in the best interest of the district.

SECTION 95. Section 37-29-423, Mississippi Code of 1972, is brought forward as follows:

37-29-423. The Mississippi Gulf Coast Junior College District, in the discretion of the board of trustees, may charge fees and tuitions in accordance with Section 37-103-25.

SECTION 96. Section 37-29-425, Mississippi Code of 1972, is brought forward as follows:

37-29-425. The board of trustees of the Mississippi Gulf Coast Junior College District may borrow money in anticipation of taxes not to exceed fifty percent (50%) of the previous year's ad valorem tax receipts for the purpose of paying any expenses authorized by law for the operation, maintenance and support of the colleges. The loan shall be evidenced by note or notes bearing the signature of the president and of the secretary of the board of trustees and the seal of the college shall be thereon impressed. Said notes shall mature not later than the first day of April next thereafter and the same shall not bear interest in excess of that allowed in Section 75-17-105, Mississippi Code of 1972.

SECTION 97. Section 37-29-427, Mississippi Code of 1972, is brought forward as follows:

37-29-427. In the event that bonds shall have been authorized for projects determined by the board of trustees of the Mississippi Gulf Coast Junior College District and such bonds validated, the board of trustees is authorized to utilize any available funds for the immediate commencement of such project and to reimburse the funds from which any such expenditures are made from the proceeds of the bonds when the same are received.

SECTION 98. Section 37-29-429, Mississippi Code of 1972, is brought forward as follows:

37-29-429. When the board of trustees of the Mississippi Gulf Coast Junior College District shall determine that it is necessary to procure additional funds by issuance of bonds for the purpose of making capital outlays for the construction and equipping of buildings, athletic fields, other structures, and related facilities, or for making repairs or providing funds for use in conjunction with funds provided by or available from any governmental, public or private source by loan, donation, matching program or grant, it may adopt a resolution declaring the necessity for said funds, that the same are unavailable from other sources and declare the purpose for which said funds are required and to be expended which purposes may, in addition to the foregoing, include any and all of the purposes for which school district bonds may be issued. In its said resolution the board of trustees shall determine and adjudge that the said bonds when issued will not result in the imposition on the property of the district of an indebtedness of more than five percent of the assessed valuation of the taxable property in the junior college district for junior college purposes, according to the latest completed assessment for taxation, shall specify the maximum amount in which said bonds may be issued, give the general proposed schedule of maturities and the details with respect to said bonds. In all matters where not otherwise herein provided the said bonds shall conform to the provisions of law governing school district bonds. Upon request of the board of trustees the clerk of the chancery court of each county shall furnish his certificate showing the totals of the latest completed assessment for taxation of all taxable property of the county, including motor vehicles.

Said resolution may call upon the boards of supervisors of the several counties to require an election to be called to determine whether or not the said bonds shall be issued or it may, in the discretion of said board of trustees, determine to issue the said bonds unless protest shall be filed and an election called pursuant thereto as set out in Section 37-29-431. In the event that the board of trustees shall determine to cause an election to be called as above mentioned, the election shall be held and the results thereof ascertained and given effect in the manner as is set out in Section 37-29-431 and provided for in cases where an election is called upon the petition of twenty percent (20%) of the qualified electors of the county.

Prior to its resolution determining to issue said bonds or call an election thereon, the board of trustees of the junior college district shall inform the board of supervisors of each of the counties of its proposal and may be required, by the board of supervisors of any county, to cause to be made a survey, by one or more impartial experts, of the building needs of the district, setting out the same in the order of priority. If such a survey has been conducted within the past twenty four (24) months a new one shall not be required but the board of supervisors for the several counties shall be furnished with copies of the survey.

SECTION 99. Section 37-29-431, Mississippi Code of 1972, is brought forward as follows:

37-29-431. If the board of trustees of the Mississippi Gulf Coast Junior College District shall not elect itself to cause an election to be held, it shall immediately upon the adoption of the resolution mentioned in Section 37-29-429 certify the same to the boards of supervisors of each county and immediately cause notice of the proposed issuance of said bonds to be published once a week for three (3) consecutive weeks in each of the four (4) counties of the district in a newspaper having general circulation therein. Said notice shall state that the determination to issue said bonds has been made by the board of trustees and the same will be issued unless, within thirty (30) days after the first publication of said notice, a petition signed by at least ten percent (10%) or twenty-five hundred (2500), whichever is less, of the qualified electors of the county shall be filed with the board of supervisors of the county protesting against the issuance of said bonds and seeking an election with respect thereto. If no protest be filed, the clerk of the board of supervisors shall immediately so certify to the secretary of the board of trustees of the junior college district and the said bonds may be then issued as proposed.

If ten percent (10%) or twenty-five hundred (2500), whichever is less, of the qualified electors of any of the counties shall file their protest with the clerk of the board of supervisors of the county demanding an election on the issuance of said bonds, the board of supervisors shall promptly meet and consider said petition. If the said board shall find the petition to be sufficient, it shall enter an order directing the election commission of said county to cause an election to be held in the said county, fixing the date therefor in the order, to determine whether or not bonds shall be issued for the purposes set out in the resolution of the board of trustees and in the maximum amount therein provided. It shall thereupon become the duty of the election commissioners of the county to hold said election on the date fixed by the board of supervisors. Said election shall be held as nearly as is practicable in accordance with the laws governing general elections, and three (3) weeks notice of said election shall be given by publication in a newspaper having general circulation in the county. The ballot used shall substantially describe the bond issue proposal and electors shall be permitted to vote for the bond issue or against the bond issue.

Within three (3) days, Sundays and legal holidays excluded, after the holding of said election, the election commissioners shall certify to the board of trustees of the junior college district and to the board of supervisors of the county the result of said election. If after all of the elections have been held in the counties where the same have been called and the results thereof duly certified, the board of trustees shall determine that the majority of the qualified electors voting in any two (2) counties of the district, one (1) of which shall border on the Gulf of Mexico, shall have voted for the said bond issue, then the said bonds may be issued; otherwise the said bonds shall not be issued as proposed.

If an election on the issuance of the bonds shall have been called in any county and it shall appear that no elections are being called in other counties or in a sufficient number of counties to result in an effective election, then the board of supervisors of the county having called the election may give notice of the cancellation thereof at any time prior to the actual date of said election.

SECTION 100. Section 37-29-433, Mississippi Code of 1972, is brought forward as follows:

37-29-433. If it shall be determined to proceed with the issuance of the said bonds the same may be validated and sold as other bonds of the county or counties except that the sale shall be made by the board of trustees of the Mississippi Gulf Coast Junior College District and the validation proceedings may be held before the chancery court of any county of the district. Notice of the validation herein shall, however, be published as provided by law in each of the counties of the district.

SECTION 101. Section 37-29-435, Mississippi Code of 1972, is brought forward as follows:

37-29-435. All bonds issued by authority of Sections 37-29-401 through 37-29-437 shall be full faith and credit bonds of the Mississippi Gulf Coast Junior College District. It shall be the duty of the board of trustees to request and the county board of supervisors to levy annually a tax on all of the taxable property of each county in the district sufficient to meet the principal and interest falling due on said bonds during the year for which said taxes are levied.

SECTION 102. Section 37-29-437, Mississippi Code of 1972, is brought forward as follows:

37-29-437. After the budget shall have been prepared as is provided for in Section 37-29-415, the Board of Trustees of the Mississippi Gulf Coast Junior College District shall certify the same in writing to the boards of supervisors of the several counties and shall certify to the said boards of supervisors the number of mills of ad valorem taxation required to make provisions for the revenue required in said budget. It shall thereupon become the duty of the board of supervisors of each of the four (4) counties to levy the taxes in the number of mills specified by the board of trustees. The tax levy for maintenance and operation of the district shall not exceed four (4) mills nor shall the levy for capital outlay, including purchase of lands, construction and equipment of buildings and structures, making of major repairs, and for the retirement of bonds, exceed three (3) mills.

Promptly upon having certified the requirements of the district to the several boards of supervisors the board of trustees of the district shall cause publication of notice to be made in each county in a newspaper published or having general circulation therein giving notice of the filing of the request for the levy aforesaid. Said notice shall be published at least one time and within ten (10) days after the certification of the request for such levy to the boards of supervisors. The said notice shall provide that the said levy requested will be made in each county unless a petition signed by twenty percent (20%) of the qualified electors of the district shall be filed with the secretary of the board of trustees of the said district within thirty (30) days from the date of the first publication protesting against the said levy and demanding an election thereon. In the event of the filing of such a petition, it shall be the duty of the secretary forthwith to call a special meeting of the board of trustees of the district setting forth the fact of the filing of such petition in the notice of the call and the said board shall promptly meet and consider the said petition. If it shall find that the same does in fact protest against the said levies and is in fact signed by at least twenty percent (20%) of the qualified electors of the said district, it shall then so certify to the boards of supervisors of the several counties. As early as possible but not later than fifteen (15) days after the receipt of such notice, it shall be the duty of the board of supervisors of each county to enter an order directing the election commissioners of the county to proceed to hold an election in all of the voting precincts of said county to determine whether or not the levy shall be made as requested by the board of trustees of the district.

The said election shall be held within thirty (30) days from the date of the said order of the board of supervisors requesting that the same be called and notice thereof shall be published once a week for three (3) weeks during the period between the order directing the election commissioners to hold the same and the actual date thereof.

The election shall be held in accordance with the laws governing general elections as nearly as is practicable and the election commissioners of each county shall, promptly after the holding of said election, certify to the secretary of the board of trustees of the district the result thereof in each county, certifying also the number of qualified electors in each county on the date of the holding of said election. The board of trustees of the district shall promptly meet and consider the several certificates of the election commissioners and shall determine the result of said election in the district. If it shall be determined that a majority of the qualified electors of the district have voted against the levy requested, the same shall not be made but the board of supervisors in each county shall continue in effect the levy made for the preceding fiscal year. If it be determined that a majority of the qualified electors has not voted against said levy, it shall be the duty of the board of supervisors of each county to make the levy as requested. In any event, the levy for full faith and credit bonds outstanding as obligations of the county before May 10, 1962, for capital outlays and improvements for Perkinston Junior College and/or bonds subsequently issued shall be continued in effect in accordance with the obligations undertaken in the issuance of said bonds. All of such bond levies, however, as are reasonably required to meet the annual maturities and interest on outstanding bonds shall be considered a part of the three-mill maximum above provided for capital outlays, buildings, purchase of land and other similar items hereinbefore mentioned.

SECTION 103. Section 37-29-451, Mississippi Code of 1972, is brought forward as follows:

37-29-451. There is hereby created the Copiah-Lincoln Junior College District comprised of the territory lying within Adams, Copiah, Franklin, Jefferson, Lawrence, Lincoln and Simpson Counties and having boundaries coinciding with the external boundaries thereof. The said district shall be and is hereby constituted a legal political governmental subdivision and a body corporate. The board of trustees of said district, with the consent of the Mississippi Community College Board, is hereby empowered to change the name of the district.

SECTION 104. Section 37-29-453, Mississippi Code of 1972, is brought forward as follows:

37-29-453. The Copiah Lincoln Junior College District shall be under the executive direction of a president elected by the board of trustees of said district for a term not to exceed four (4) years.

SECTION 105. Section 37-29-455, Mississippi Code of 1972, is brought forward as follows:

37-29-455. The president of the junior college shall have the power to recommend to the trustees all teachers to be employed; and he may remove or suspend any member of the faculty subject to the approval of the trustees. He shall be the general manager of all fiscal and administrative affairs of the district with full authority to select, direct, employ and discharge any and all employees other than teachers; however, the board may make provisions and establish policies for leave for faculty members and other key personnel.

The president shall have the authority, subject to the provisions of Sections 37-29-451 through 37-29-471 and the approval of the trustees, to arrange and survey courses of study, fix schedules, and establish and enforce rules and discipline for the governing of teachers and students. He shall be the general custodian of the property of the district.

SECTION 106. Section 37-29-457, Mississippi Code of 1972, is brought forward as follows:

37-29-457. (1) The operation and control of the Copiah-Lincoln Junior College District shall be vested in a board of trustees representing the seven (7) counties lying within the district. The said board shall consist of twenty (20) members to be chosen as follows:

(a) Copiah County shall be entitled to five (5) members who shall be elected and serve according to Section 37-29-65.

(b) Lincoln County shall be entitled to five (5) members who shall be elected and serve according to Section 37-29-65.

(d) Franklin County shall be entitled to one (1) member who shall be elected and serve according to Section 37-29-65.

(e) Simpson County shall be entitled to one (1) member who shall be elected and serve according to Section 37-29-65.

(f) Jefferson County shall be entitled to one (1) member who shall be elected and serve according to Section 37-29-65.

(g) Adams County shall be entitled to five (5) members who shall be elected from the residents of said county by the board of supervisors of Adams County within thirty (30) days of February 4, 1975.

The terms of office for the members shall be five (5) years. However, upon the first selection of trustees in the county, one (1) shall be elected for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year, so as to prevent the retirement of more than one (1) member in any one (1) year. The members elected from Adams County shall have like qualifications and receive the same compensation as the members from other counties as provided by Section 37-29-65.

(h) There shall be one (1) member of the board of trustees who shall be elected by the members of the said board of trustees from among the residents of the Copiah-Lincoln Junior College District. Said member so chosen shall serve a five-year term and have the same powers and duties as the other board members.

(2) Except as provided in paragraph (g) of this subsection (1), persons who are currently serving as members of the Board of Trustees of the Copiah-Lincoln Junior College District shall complete their terms without interruption.

SECTION 107. Section 37-29-459, Mississippi Code of 1972, is brought forward as follows:

37-29-459. The President and the Board of Trustees of the Copiah-Lincoln Junior College District shall have the powers to do all things necessary for the successful operation of said district and the campuses located therein.

The several colleges of the district shall be under the direction of the board of trustees and the president. The board of trustees shall, by resolution or order, provide for the government, maintenance and operation of each campus of the district.

The President and the Board of Trustees of the Copiah-Lincoln Junior College District shall have the same powers as the presidents and trustees of other junior colleges in the State of Mississippi.

The delineation and enumeration of the powers and purposes set out in Sections 37-29-451 through 37-29-471 shall be deemed to be supplemental and additional and shall not be construed to restrict the powers of the governing authorities of the district or of any college or campus located therein so as to deny any of the rights, privileges and powers enjoyed by other junior colleges and junior college districts in the State of Mississippi.

The said Copiah-Lincoln Junior College District shall remain subject to the jurisdiction and control of the Mississippi Community College Board as now established or as the same may be hereafter changed by law, and shall be subject to all rules and regulations and all statutory limitations which are now in effect or may hereafter be imposed, except as the same may be in direct conflict with the provisions of Sections 37-29-451 through 37-29-471.

SECTION 108. Section 37-29-461, Mississippi Code of 1972, is brought forward as follows:

37-29-461. There shall be two (2) campuses in the Copiah Lincoln Junior College District: one (1) located in or near Natchez to be known as the Natchez Campus, and the other in or near Wesson to be known as the Copiah Lincoln Campus.

SECTION 109. Section 37-29-463, Mississippi Code of 1972, is brought forward as follows:

37-29-463. The board of trustees of the Copiah Lincoln Junior College District shall each year, on or before June 15, prepare a budget which shall contain a detailed estimate of the revenues and expenses anticipated for the ensuing year for general operation and maintenance, and shall set forth the reasonable requirements for anticipated needs for capital outlays for land, buildings, initial equipment for new buildings and major repairs, a reasonable accumulation for such purposes being hereby expressly authorized.

SECTION 110. Section 37-29-465, Mississippi Code of 1972, is brought forward as follows:

37-29-465. The board of trustees of the Copiah Lincoln Junior College District shall have the authority to purchase property, make capital improvements, and lease or use private or public facilities at either the Copiah Lincoln or Natchez Campuses, in the discretion of the board.

SECTION 111. Section 37-29-467, Mississippi Code of 1972, is brought forward as follows:

37-29-467. The Copiah Lincoln Junior College District is charged with the responsibility for providing preprofessional courses, liberal arts, technical, vocational and adult education courses, and shall undertake to provide the same as conveniently as is possible to the residents of the district, and to this end the board of trustees is authorized and empowered to transport such students as, in its discretion, should be transported in the best interest of the district.

SECTION 112. Section 37-29-469, Mississippi Code of 1972, is brought forward as follows:

37-29-469. The board of trustees of the Copiah Lincoln Junior College District shall have the general borrowing and bonding authority provided in Sections 37-29-101 through 37-29-127. The said board of trustees shall have the taxation authority provided in Sections 37-29-141 through 37-29-145.

SECTION 113. Section 37-29-471, Mississippi Code of 1972, is brought forward as follows:

37-29-471. All of the property belonging to the board of trustees of Copiah Lincoln Junior College and all of the property belonging to any or all of the counties, prior to and as of the effective date hereof, cooperating in the Copiah Lincoln Junior College or the agricultural high school junior college located at Wesson, Mississippi or the campus in Adams County, Mississippi, and utilized or held for the present or future use and benefit of said junior college and/or agricultural high school junior college, shall be and the same is hereby transferred to and vested in the Copiah Lincoln Junior College District as created by Sections 37-29-451 through 37-29-471.

SECTION 114. Section 37-29-501, Mississippi Code of 1972, is brought forward as follows:

37-29-501. There is hereby created a junior college district comprised of the territory lying within the Meridian Municipal Separate School District and having boundaries coinciding with the external boundaries thereof. The name of the said junior college district shall be the Meridian Junior College District and the said district shall be and the same is hereby constituted a legal political governmental subdivision and a body corporate.

SECTION 115. Section 37-29-503, Mississippi Code of 1972, is brought forward as follows:

37-29-503. All of the property owned by the Meridian Municipal Separate School District utilized by Meridian Junior College as of September 1, 1979, shall be and the same is hereby transferred to and vested in the board of trustees of the Meridian Junior College District and their successors in office.

SECTION 116. Section 37-29-505, Mississippi Code of 1972, is brought forward as follows:

37-29-505. The control and operation of the Meridian Junior College District shall be vested in a board of trustees appointed by the city council of the City of Meridian. The board of trustees of the Meridian Junior College District shall consist of five (5) members. When the initial appointments are made, the first appointee shall serve for a term of one (1) year, the second appointee for a term of two (2) years, the third appointee for a term of three (3) years, the fourth appointee for a term of four (4) years and the fifth appointee for a term of five (5) years; thereafter all appointments shall be for a term of five (5) years. Trustees of the Meridian Junior College District shall be appointed by a majority vote of the full membership of the city council of the City of Meridian at the first meeting of the council held in the month of February of each year, and the term of office of each trustee so appointed shall commence on the first Saturday of March following, except that the existing trustees of the Meridian Municipal Separate School District as of April 30, 1980, shall constitute the initial board of trustees of the Meridian Junior College District. As the terms of these individual trustees expire, trustees for the Meridian Junior College District shall be appointed as provided herein. All vacancies shall be filled for unexpired terms by appointment by majority vote of the full membership of the city council.

SECTION 117. Section 37-29-507, Mississippi Code of 1972, is brought forward as follows:

37-29-507. (1) The Board of Trustees of the Meridian Junior College District shall have the power to do all things necessary for the successful operation of the district; and, the duties of such board shall be the general government of the district and the direction of the administration thereof.

(2) The Meridian Junior College District shall have all the powers of other junior colleges and junior college districts in the State of Mississippi; and, the delineation and enumeration of the powers and purposes set out in Sections 37-29-501 through 37-29-515 shall not be construed to restrict the powers of the governing authorities of the district so as to deny to the district any of the rights, privileges and powers enjoyed by other junior colleges and junior college districts in the State of Mississippi.

(3) The Meridian Junior College District shall remain subject to the jurisdiction and control of the Mississippi Community College Board as now established or as the same may be hereafter changed by law and shall be subject to all rules and regulations and all statutory limitations which are now in effect or may hereafter be imposed, except as the same may be in direct conflict with the provisions of Sections 37-29-501 through 37-29-515.

SECTION 118. Section 37-29-509, Mississippi Code of 1972, is brought forward as follows:

37-29-509. (1) The Meridian Junior College District shall be under the executive direction of a president elected by the board of trustees of such district.

(2) The president of the community college shall be general manager of all fiscal and administrative affairs of the district with full authority to select, employ, direct and discharge any and all employees other than faculty. He shall have the power to recommend to the board of trustees all faculty to be employed, and he may remove or suspend any member of the faculty subject to the approval of the board of trustees. The president shall have the authority, subject to the approval of the board of trustees, to arrange and survey courses of study, fix schedules and establish and enforce rules and discipline for the governing of faculty and students. He shall be the general custodian of the property of the district.

SECTION 119. Section 37-29-511, Mississippi Code of 1972, is brought forward as follows:

37-29-511. The board of trustees of the Meridian Junior College District shall on or before the twenty-fifth day of June each year prepare and file the annual budget of the district. The budget shall contain a detailed estimate of the revenues and expenses anticipated for the ensuing year for general operation and maintenance and shall set forth reasonable requirements for anticipated needs for capital outlays for land, buildings, equipment and major repairs, a reasonable accumulation for such purposes being hereby expressly authorized. Funds derived from the levy for capital outlay shall be kept in a separate account and expended for capital outlay purposes only.

SECTION 120. Section 37-29-513, Mississippi Code of 1972, is brought forward as follows:

37-29-513. After the annual budget has been prepared, the Board of Trustees of the Meridian Junior College District shall certify the same in writing to the City Council of the City of Meridian and shall certify to the number of mills of ad valorem taxation required to make provisions for the revenue required in said budget. It shall thereupon become the duty of the City of Meridian to levy taxes upon the Meridian Junior College District in the amount specified by the board of trustees. The tax levy for maintenance and operation of the Meridian Junior College District shall not exceed three (3) mills nor shall the levy for construction exceed an additional three (3) mills.

SECTION 121. Section 37-29-515, Mississippi Code of 1972, is brought forward as follows:

37-29-515. On or before the thirtieth day of each month, the city council of the City of Meridian shall transmit warrants constituting all of the revenues received from taxation for the prior month for purposes of support of the Meridian Junior College District to the president of the Meridian Junior College. Such warrant or warrants shall bear indication of revenues received for general support and maintenance and revenues received for capital outlay purposes. All such warrants evidencing income from the authorized tax levies shall be deposited forthwith in one (1) or more banking institutions and public depositories previously selected by the board of trustees of the Meridian Junior College District and spread upon its official minutes. Such funds shall be paid out of the depository by order of the board of trustees for lawful purposes only.

SECTION 122. Section 37-29-551, Mississippi Code of 1972, is brought forward as follows:

37-29-551. There is hereby created the Coahoma Community College District comprised of the territory lying within Coahoma County, Tunica County, Quitman County, Bolivar County and Tallahatchie County, and having boundaries coinciding with the external boundaries thereof. The district shall be, and is hereby constituted, a legal political governmental subdivision and a body corporate.

SECTION 123. Section 37-29-553, Mississippi Code of 1972, is brought forward as follows:

37-29-553. The Coahoma Community College District shall be under the executive direction of a president elected by the board of trustees of the district for a term not to exceed four (4) years.

SECTION 124. Section 37-29-555, Mississippi Code of 1972, is brought forward as follows:

37-29-555. The president of the community college shall have the power to recommend to the trustees all teachers to be employed; and he may remove or suspend any member of the faculty subject to the approval of the trustees. He shall be the general manager of all fiscal and administrative affairs of the district with full authority to select, direct, employ and discharge any and all employees other than teachers; however, the board may make provisions and establish policies for leave for faculty members and other key personnel.

The president shall have the authority, subject to the provisions of Sections 37-29-551 through 37-29-569 and the approval of the trustees, to arrange and survey courses of study, fix schedules, and establish and enforce rules and discipline for the governing of teachers and students. He shall be the general custodian of the property of the district.

SECTION 125. Section 37-29-557, Mississippi Code of 1972, is brought forward as follows:

37-29-557. The operation and control of the Coahoma Community College District shall be vested in a board of trustees representing the counties lying within the district. The board shall consist of fourteen (14) trustees selected in the manner provided in Section 37-29-65(4), Mississippi Code of 1972.

SECTION 126. Section 37-29-559, Mississippi Code of 1972, is brought forward as follows:

37-29-559. The President and the Board of Trustees of the Coahoma Community College District shall have the powers to do all things necessary for the successful operation of the district and the campuses located therein.

The college of the district shall be under the direction of the board of trustees and the president. The board of trustees shall, by resolution or order, provide for the government, maintenance and operation of the campus of the district.

The President and the Board of Trustees of the Coahoma Community College District shall have the same powers as the presidents and trustees of other community colleges in the State of Mississippi.

The delineation and enumeration of the powers and purposes set out in Sections 37-29-551 through 37-29-569 shall be deemed to be supplemental and additional and shall not be construed to restrict the powers of the governing authorities of the district or of any college or campus located therein so as to deny any of the rights, privileges and powers enjoyed by other community/junior colleges and community/junior college districts in the State of Mississippi.

The Coahoma Community College District shall remain subject to the jurisdiction of the Mississippi Community College Board as now established or as the same may be hereafter changed by law, and shall be subject to all rules and regulations and all statutory limitations which are now in effect or may hereafter be imposed, except as the same may be in direct conflict with the provisions of Sections 37-29-551 through 37-29-569.

SECTION 127. Section 37-29-561, Mississippi Code of 1972, is brought forward as follows:

37-29-561. The Board of Trustees of the Coahoma Community College District shall each year, on or before June 15, prepare a budget which shall contain a detailed estimate of the revenues and expenses anticipated for the ensuing year for general operation and maintenance, and shall set forth the reasonable requirements for anticipated needs for capital outlays for land, buildings, initial equipment for new buildings and major repairs, a reasonable accumulation for such purposes being hereby expressly authorized.

SECTION 128. Section 37-29-563, Mississippi Code of 1972, is brought forward as follows:

37-29-563. The Board of Trustees of the Coahoma Community College District shall have the authority to purchase property, make capital improvements, and lease or use private or public facilities at the campus, in the discretion of the board.

SECTION 129. Section 37-29-565, Mississippi Code of 1972, is brought forward as follows:

37-29-565. The Coahoma Community College District is charged with the responsibility for providing preprofessional courses, liberal arts, technical, vocational and adult education courses, and shall undertake to provide the same as conveniently as is possible to the residents of the district, and to this end the board of trustees is authorized and empowered to transport such students as, in its discretion, should be transported in the best interest of the district.

SECTION 130. Section 37-29-567, Mississippi Code of 1972, is brought forward as follows:

37-29-567. The Board of Trustees of the Coahoma Community College District shall have the general borrowing and bonding authority provided in Sections 37-29-101 through 37-29-127. The board of trustees shall have the taxation authority provided in Sections 37-29-141 through 37-29-145.

SECTION 131. Section 37-29-569, Mississippi Code of 1972, is brought forward as follows:

37-29-569. All of the property located in Coahoma County and belonging to the Board of Trustees of Mississippi Delta Community College prior to and as of the effective date hereof, cooperating in the Coahoma County Community College, and utilized or held for the present or future use and benefit of such community college, shall be and the same is hereby transferred to and vested in the Coahoma County Community College District as created by Sections 37-29-551 through 37-29-569.

SECTION 132. Section 37-29-571, Mississippi Code of 1972, is brought forward as follows:

37-29-571. All counties located within the Coahoma Community College District shall allocate fifty percent (50%) of any millage levied for the support and maintenance of community colleges by such county under Section 37-29-141, Mississippi Code of 1972, to the Coahoma Community College District and the remaining fifty percent (50%) of such millage to the other community college district in which such county is located. Provided, however, that Coahoma County shall allocate one hundred percent (100%) of the millage levied for the support and maintenance of community colleges to the Coahoma Community College District. Provided further, however, for the fiscal year beginning July 1, 1995, Tunica County's allocation of any millage shall be prorated with thirty-five percent (35%) being allocated to the Coahoma Community College District and the remaining sixty-five percent (65%) being allocated to the Northwest Community College District. From and after July 1, 1996, the Tunica County millage shall be divided equally between the Coahoma Community College District and the Northwest Community College District.

SECTION 133. Section 37-29-601, Mississippi Code of 1972, is brought forward as follows:

37-29-601. Whenever the Mississippi Community College Board shall, by a proper resolution, declare the necessity of the formation of nonprofit corporations for the purpose of acquiring or constructing facilities for community and junior colleges under its jurisdiction, any number of natural persons, not less than three (3), who are residents of the State of Mississippi may file with the Secretary of State an application in writing for authority to incorporate a public nonprofit corporation, known as an "educational building corporation." If it shall be made to appear that each of the persons is a duly qualified resident of this state, then the persons filing such application shall be authorized, subject to the prior approval by the board of the form of the articles of incorporation and bylaws thereof, to proceed to form the corporation as provided by the general law of this state with respect to corporations organized not-for-profit except as provided in Sections 37-29-601 through 37-29-613. The Secretary of State, upon receipt of the application, shall forthwith issue a certificate of incorporation.

SECTION 134. Section 37-29-603, Mississippi Code of 1972, is brought forward as follows:

37-29-603. Each corporation formed under the provisions of Section 37-29-601 shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form:

(a) To have succession by its corporate name for the duration of time, which may be in perpetuity, specified in its certificate of incorporation;

(b) To sue and be sued and to defend suits against it;

(d) To acquire, whether by purchase, construction or gift, facilities for one or more community or junior college and land therefor;

(e) To equip, maintain, enlarge or improve such facilities;

(f) To lease under such terms and conditions as its board of directors may deem advisable and as shall not conflict with the provisions of Sections 37-29-601 through 37-29-613 to the Mississippi Community College Board or to such other entity as may be approved by the board subject to prior approval by the board of each issue of bonds;

(g) To issue its bonds for the purpose of defraying the cost of acquiring, constructing, maintaining, enlarging, improving or equipping any of such facilities or land in the manner provided in Section 37-29-601;

(h) To secure the payment of such bonds through the pledge of and lien on such revenues or other sources of income, including lease payments, entering into trust agreements, and the making of such covenants as are provided in Section 37-101-101;

(i) To refund bonds previously issued;

(j) To enter into contracts and agreements or do any act necessary for or incidental to the performance of its duties and the execution of its powers under Sections 37-29-601 through 37-29-613;

(k) To accept gifts from any source whatsoever;

(l) To appoint and employ such officers and agents, including attorneys, as its business may require; and

(m) To provide for such insurance as its board of directors may deem advisable.

SECTION 135. Section 37-29-605, Mississippi Code of 1972, is brought forward as follows:

37-29-605. All bonds issued by an educational building corporation may be executed and delivered at any time and from time to time, may be in such form and denominations, may be of such tenor, may be payable in such installments and at such time or times not exceeding thirty (30) years from their date, may be payable at such place or places, may bear interest at such rate or rates payable at such place or places and evidenced in such manner, and may contain such provisions not inconsistent with Sections 37-29-601 through 37-29-613, all as may be provided by resolution of its board of directors. The bonds issued by any such corporation shall be signed by the chairman of its board of directors or other chief executive officer and attested by its secretary, and the seal of such corporation shall be affixed thereto. Any such bonds may be sold at public or private sale in such manner and from time to time as may be determined by the board of directors to be most advantageous, and the corporation may pay all expenses, premiums and commissions which its board of directors may deem necessary or advantageous in connection with the authorization, sale and issuance of the bonds. All such bonds shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source.

SECTION 136. Section 37-29-607, Mississippi Code of 1972, is brought forward as follows:

37-29-607. (1) All bonds issued by an educational building corporation shall be solely and exclusively obligations of the corporation and shall not create an obligation or debt of the State of Mississippi. The state shall not pledge its full faith or credit for the payment of any debt incurred or bonds issued by such corporation.

(2) All such bonds shall not constitute a debt of the community or junior college for which the facilities are to be constructed.

SECTION 137. Section 37-29-609, Mississippi Code of 1972, is brought forward as follows:

37-29-609. All bonds issued by an educational building corporation shall be lawful investments for trusts, insurance companies, savings companies, banks and other financial institutions organized under the laws of this state.

SECTION 138. Section 37-29-611, Mississippi Code of 1972, is brought forward as follows:

37-29-611. (1) The Mississippi Community College Board is hereby authorized and empowered, in its discretion, to pass proper resolutions declaring the necessity of the formation of nonprofit educational building corporations, as set forth in Section 37-29-601.

(2) When the principal of and the interest on any bonds of an educational building corporation payable from the revenues derived from the operation of facilities owned by the corporation shall have been paid in full, then such facilities shall become the property of the community or junior college on whose campus they are located and title to the facilities shall thereupon immediately vest in the community or junior college on whose campus they are located.

SECTION 139. Section 37-29-613, Mississippi Code of 1972, is brought forward as follows:

37-29-613. The educational building corporations authorized under Sections 37-29-601 through 37-29-613, in connection with the issuance of the bonds in order to secure the payment of such bonds and interest thereon, shall have power by resolutions:

(a) To fix and maintain fees, rentals and other charges to be paid by students, faculty members and others using or being served by facilities for which bonds are issued under Sections 37-29-601 through 37-29-613; however, in fixing such fees, rentals and other charges, there may be allowed reasonable differentials based on the condition, type, location and relative convenience of the facilities in question, but the differentials shall be uniform as to all such students or faculty members and others similarly accommodated;

(b) To provide that bonds issued shall be secured by a first, exclusive and closed lien on, and shall be payable from, all or any part of the income and revenues derived from fees, rentals and other charges to be paid by students, faculty members or others using or being served by any facilities operated at the community or junior college, and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under Sections 37-29-601 through 37-29-613, or any other law, or otherwise, and not theretofore so pledged;

(c) To pledge and assign to, or in trust for the benefit of the holder or holders of any bond or bonds, coupon or coupons so issued, an amount of the income and revenues derived from fees, rentals and other charges to be paid by students, faculty members, or others using or being served by any facilities operated at any community or junior college, and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under Sections 37-29-601 through 37-29-613, or any other law, or otherwise, and not theretofore so pledged, and the rentals, fees and charges imposed and pledged pursuant to the terms of this section shall be sufficient to pay when due the bonds so issued and interest thereon, to create and maintain a reasonable reserve therefor, and to operate and maintain the project so constructed, and to create and at all times maintain an adequate reserve for contingencies and for major repairs and replacements;

(d) To covenant with or for the benefit of the holder or holders of any bond or bonds, coupon or coupons so issued to erect, repair, remodel, maintain, add to, extend, improve or acquire any facilities, that so long as any of the bonds shall remain outstanding and unpaid, the institution shall fix, maintain and collect, in installments as may be agreed upon, an amount of fees, rentals or other charges from students, faculty members and others using or being served by any facilities operated at any community or junior college and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under Sections 37-29-601 through 37-29-613, or any other law, or otherwise, which shall be sufficient to pay when due any bond or bonds, coupons or coupons so issued, and to create and maintain a reasonable reserve therefor, and to pay the cost of operation and maintenance of the facilities against loss or damage by fire and windstorm or other calamities, in such sum as may be acceptable to the purchaser or purchasers of the bonds. The rentals, fees and other charges shall at all times be sufficient to maintain an adequate bond sinking fund to provide for the payment of interest on and principal of the bonds as and when they accrue and mature, to create a reasonable reserve therein and to pay the cost of operation and maintenance and insurance as herein provided and to create and at all times maintain an adequate reserve for contingencies and for major repairs and replacements;

(e) To make and enforce and agree to make and enforce parietal rules that shall ensure the use of the facility by all students in attendance at the community or junior college, and faculty members of the community or junior college, to the maximum extent the facilities are capable of serving students and faculty, so long as it does not interfere with any existing contract;

(f) To covenant that as long as any of the bonds so issued shall remain outstanding and unpaid, it will not, except upon such terms and conditions as may be determined by the resolution issuing such bonds:

(i) Voluntarily create, or cause to be created, any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of the bonds so issued upon any of the income and revenues derived from fees, rentals and other charges to be paid by students, faculty members and others using or being served by the facilities operated at any such institution and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under Sections 37-29-601 through 37-29-613, or any other law, or otherwise;

(ii) Convey or otherwise alienate the facilities, or the real estate upon which the same shall be located, except at a price sufficient to pay all the bonds then outstanding payable from the revenues derived therefrom and interest accrued on such bonds, and then only in accordance with any agreements with the holder or holders of such bonds; or

(iii) Mortgage or otherwise voluntarily create, or cause to be created, any encumbrance on the facility, or the real estate upon which it shall be located;

(h) To vest in a trustee or trustees the right to receive all or any part of the income and revenue and proceeds of insurance pledged and assigned to, or for the benefit of, the holder or holders of such bonds, and to hold, apply and dispose of the income and revenue and proceeds of insurance and the right to enforce any covenant made to secure or pay or in relation to the bonds;

(i) To execute and deliver, in the name of the community or junior college for which such bonds are being issued, a trust agreement or agreements which may set forth the powers and duties of such trustee or trustees, and limiting the liabilities of the trustee or trustees, and describing what occurrences shall constitute events of default and prescribing the terms and conditions upon which such trustee or trustees or the holder or holders of bonds of any specified amount or percentage of such bonds may exercise such right and enforce any and all such covenants and resort to any remedies as may be appropriate; and

(j) To vest in a trustee or trustees or the holder or holders of any specified amount or percentage of bonds the right to apply to any court of competent jurisdiction for and have granted the appointment of a receiver or receivers of the income and revenue pledged and assigned to or for the benefit of the holder or holders of such bonds, which receiver or receivers may have and be granted powers and duties as are usually granted under the laws of the State of Mississippi to a receiver or receivers appointed in connection with the foreclosure of a mortgage made by a private corporation.

SECTION 140. This act shall take effect and be in force from and after July 1, 2026.