MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Education

By: Representative Livingston

AN ACT TO AMEND SECTION 29-3-119, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A SCHOOL DISTRICT ENTITLED TO EXPENDABLE SIXTEENTH SECTION TOWNSHIP FUNDS SHALL HAVE TWELVE MONTHS TO ASSERT A CLAIM FOR ITS SHARE OF SUCH FUNDS AGAINST THE CUSTODIAL SCHOOL DISTRICT; TO AMEND SECTION 29-3-121, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FOR PURPOSES OF DIVIDING TOWNSHIP FUNDS, SCHOOL DISTRICTS SHALL BASE THEIR LISTS OF SCHOOL CHILDREN ON THEIR END OF THE FIRST MONTH ENROLLMENT; TO AMEND SECTION 29-3-123, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 29-3-119, Mississippi Code of 1972, is amended as follows:

29-3-119. (1) Where there is only one (1) school district in the township to which the available funds belong, such school district shall be entitled to the whole of such funds, and the funds shall be handled in the manner * * * set forth in this section.

(2) In cases where a township having available funds is occupied by two (2) or more school districts or parts of school districts, the available funds of the township shall be divided between the districts lying wholly or partly within such township in proportion to the number of * * * children residing in that portion of each district which lies within such township and who are * * * enrolled in the schools of that district, as compared to the total number of * * * children residing in such township and * * * enrolled in the schools of all districts lying wholly or partly in that township. For such purpose, annual lists shall be made of all * * * children who reside in the township and who are * * * enrolled in the schools of each district lying wholly or partly in that township, which lists shall be made in accordance with Section 29-3-121. Municipal separate school districts shall be entitled to their pro rata part of such funds in the same manner as other school districts.

(3) Where there is no * * * child residing in a township in which funds are available for distribution and where one or more school districts embrace all or part of any such township, such funds shall be distributed in the following manner:

(a) Where any such township is located wholly within one (1) school district, the available township funds shall be distributed to that school district.

(b) Where any such township having such funds available for distribution is located either in whole or in part in two (2) or more school districts, such available funds shall be distributed to the two (2) or more school districts in proportion to the number of * * * children residing in that part of the two (2) or more school districts which is common or coextensive to each of the school districts, distribution being made on the basis of the enrollment * * * of the school children in their respective school districts.

(4) The school district having jurisdiction and control of the sixteenth section or lieu lands in the township (the "custodial school district") shall pay to each other school district lying wholly or partly in the township which is entitled to a part of the township funds the district's pro rata share of the available township funds, as determined from the lists of children prepared pursuant to Section 29-3-121, promptly after collecting such funds. Any district entitled to such funds which is not paid promptly may assert a claim against the custodial school district for its share of the funds not later than twelve (12) months from the date on which the custodial school district collected such funds.

SECTION 2. Section 29-3-121, Mississippi Code of 1972, is amended as follows:

29-3-121. It shall be the duty of the superintendent of each school district to make or cause to be made annual lists of the children enrolled in the schools of such district and who reside in such district, which lists shall be based upon the end of the first month enrollment required to be reported to the State Department of Education for the then current school year. The lists shall be made separately as to the townships in which such children reside. Such lists shall be filed with the * * * superintendent of the custodial school district on or before December 31 of each year and shall be used in making the division of the available funds of each township during the ensuing calendar year, as provided by Section 29-3-119. Any school district failing to timely provide the list to the superintendent of the custodial school district shall forfeit its right to such funds unless the school board of the custodial school district and the school board of the other district or districts entitled to such funds have executed a written agreement providing for the distribution of such funds in a manner agreed upon by the school districts. All such lists shall be retained and preserved by the * * * superintendent of the custodial school district as a public record. Such lists shall not be made, however, as to any township which is wholly within one (1) school district. If any superintendent of a school district participating in the division of such funds shall challenge in writing the accuracy of any such list, the Office of the State Auditor, upon receipt of such challenge, may, in its discretion, order and arrange for and supervise a recount of the children enrolled in the schools of such district and who reside in such district. All costs incurred in conducting the recount shall be borne by the challenging district and the district in which the recount is conducted on a pro rata basis, as determined from the results of the recount. Such costs may be paid from the school district's share of the available township funds. Such recount, when obtained, shall supersede the original list for the purposes of Sections 29-3-115 through 29-3-123.

SECTION 3. Section 29-3-123, Mississippi Code of 1972, is amended as follows:

29-3-123. It shall be unlawful for any township funds to be paid over to school districts as provided in Sections 29-3-115 through 29-3-123, where there are two (2) or more school districts or parts of school districts in the township until lists of the * * * children residing in each district or part of district within such township * * * who are * * * enrolled in the schools thereof * * * have been made as required under Section 29-3-121. Such lists shall be made annually before any payment of the expendable sixteenth section revenues shall be made to school districts as provided in * * * Sections 29-3-115 through 29-3-123. Any member of a local school board * * * or any * * * superintendent of a school district who shall order the payment of such funds or who shall issue a pay certificate therefor in violation of the provisions of this section shall be liable upon his bond for the amount so paid.

Nothing in * * * Sections 29-3-115 through 29-3-123 shall repeal or restrict the expenditure of funds by the Board of Supervisors of Claiborne County under Chapters 661, 662 and 663, Laws of 1950; or the expenditure by the Board of Supervisors of Adams County of any funds under Chapter 615, Laws of 1950.

SECTION 4. This act shall take effect and be in force from and after July 1, 1999.