MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Universities and Colleges; Appropriations

By: Senator(s) Burton

AN ACT TO AUTHORIZE AND EMPOWER THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES TO ESTABLISH AN EQUIPMENT LEASING AND PURCHASE PROGRAM FOR THE USE OF THE COLLEGES; TO AMEND SECTION 37-63-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION TO PROVIDE PRODUCTION FACILITIES AND SERVICES TO PRIVATE ENTITIES AND TO COLLECT THE FAIR MARKET VALUE FOR SUCH SERVICES; AND FOR RELATED PURPOSES.

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

SECTION 1. The State Board for Community and Junior Colleges is authorized and empowered to establish an Equipment Leasing and Purchase Program for the use of the colleges; to adopt policies and procedures to implement such program; to establish such offices or subordinate units as may be necessary for the administration of such program; to adopt rules and regulations pertaining to such program; to acquire by purchase, lease or lease/purchase contract and retain or transfer ownership or possession of instructional and other equipment; to contract for the leasing of such properties and for the financing of leases and purchases; to make such purchases and enter into such leases according to the requirements of the purchase laws of the State of Mississippi and the requirements of the laws establishing the Mississippi Department of Information Technology Services for the state; to enter into lease financing agreements in connection therewith; and to require the transfer of appropriations for general funds or self-generated funds from the institutions to the Bond Retirement Fund (the fund) or such other funds as the board may determine appropriate in connection with any lease financing agreements. Interest earned on any funds held in the fund on behalf of the separate colleges shall be credited to the colleges on a pro rata basis based upon purchases through the fund.

SECTION 2. Section 37-63-11, Mississippi Code of 1972, is amended as follows:

37-63-11. (1) The Mississippi Authority for Educational Television is empowered to request and to receive such state funds for educational television construction and operation as may be appropriated or allocated to it, and to solicit and receive contributions, matching funds, gifts, bequests and devises from any source, whether federal, state, public or private. It may enter into agreements with federal, state, public or private agencies, departments, institutions, firms, corporations or persons for the production, transmission, sale, lease or purchase of educational television and educational radio programs. The authority may also lease antenna space on television towers which it owns. Before the authority is empowered to contract for communication facilities to carry television signals, it shall obtain written authority to do so from the Department of Finance and Administration in order to ensure that there be no duplication of state communication facilities.

(2) There is hereby established in the State Treasury a special fund for the purpose of providing for the payment of all expenses in respect to the administration of this chapter. Such fund shall be administered by the authority. The State Treasurer shall be the custodian of such funds and all monies and securities in such fund shall be held in trust by such Treasurer and shall not be the money or property of the state. The State Treasurer is authorized to disburse monies from such fund only upon order of the authority. The official bond of the State Treasurer shall be conditioned for the faithful performance of his duty hereunder. The State Treasurer shall deposit any monies paid into such fund into such qualified depository banks as the authority may designate and is authorized to invest any portion of the fund which, in the opinion of the authority, is not needed for current requirements in the same manner and subject to all provisions of the law with respect to the deposit of state funds by such Treasurer. All interest earned by such portion of the fund as may be invested by the State Treasurer shall be collected by him and placed to the credit of such fund.

(3) The Mississippi Authority for Educational Television is empowered to provide * * * production or reproduction services for other * * * entities. Production facilities and services may be provided to private entities when such services are not readily available from other private providers. The authority shall collect the fair market value for providing such services, allowing discounts for state agencies and other public entities. All such revenues shall be deposited into the special fund.

SECTION 3. This act shall take effect and be in force from and after July 1, 2001.