Senate Bill 2697

AN ACT TO CREATE THE MISSISSIPPI CELEBRITY HONORARY OR MEMORIAL FORESTLAND PROGRAM FOR THE BENEFIT OF PUBLIC EDUCATION; TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF EDUCATION TO PUBLICIZE AND ENLIST DONORS UNDER THE PROGRAM; TO PROVIDE THAT SUCH LANDS WILL BE HELD IN TRUST FOR SUCH PURPOSE; TO PROVIDE THAT SUCH LANDS WILL BE MANAGED FOR THE BENEFIT OF PUBLIC SCHOOLS IN THE MANNER THAT SIXTEENTH SECTION LANDS ARE MANAGED; TO AMEND SECTION 7-11-13, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE TO KEEP A SEPARATE RECORD OF SUCH LANDS; TO AMEND SECTION 29-1-3, MISSISSIPPI CODE OF 1972, TO GRANT SUPERVISORY POWER OVER SUCH LANDS TO THE SECRETARY OF STATE; TO AMEND SECTION 29-3-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF EDUCATION OF THE DISTRICT DESIGNATED AS BENEFICIARY OF SUCH LAND SHALL MANAGE SUCH LANDS; TO AMEND SECTION 1-3-45, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FORESTLAND MANAGEMENT REQUIREMENTS AND DUTIES OF THE BOARD OF EDUCATION AND THE STATE FORESTRY COMMISSION SHALL APPLY TO LANDS DONATED UNDER THE MISSISSIPPI CELEBRITY HONORARY OR MEMORIAL FORESTLAND PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is hereby created the Mississippi Celebrity Honorary or Memorial Forestland Program for the Benefit of Public Education.

(2) Under this program, celebrities with Mississippi ties may donate lands to the state to be held in trust for the benefit of public education in any public school district designated to be the beneficiary by the celebrity.

(3) The Legislature shall name lands donated under this program as honorary or memorial forestland in the name of the celebrity.

(4) All requirements for managing sixteenth section lands in trust for education shall apply to lands donated under this program.

(5) The State Superintendent of Education, acting through the State Department of Education, shall publicize this program and develop a program to enlist celebrity donations.

(6) The Governor shall appoint an honorary state chairman of the program to publicize the program and to enlist donor celebrities.

SECTION 2. Section 7-11-13, Mississippi Code of 1972, is amended as follows:

7-11-13. All state land records, all levee land records and all other land records, except assessment rolls, shall be kept in the office of the Secretary of State and be held by him.

The Secretary of State shall keep a record of all state-owned lands in a separate and well bound book. He is authorized and empowered to request of any board, commission, department or other state agency having under its jurisdiction state-owned lands the records herein required to be recorded in his office, and it shall be the duty of any state agency to comply with the request of the Secretary of State.

The Secretary of State shall keep a separate record of all lands donated to the state for the benefit of public education under the Mississippi Celebrity Honorary or Memorial Forestland Program for the benefit of public education.

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

29-1-3. (1) The Land Commissioner has a supervisory power over sixteenth section lands or lands granted in lieu thereof; and he shall supply to the members of the Legislature, the boards of supervisors, the boards of education and other interested persons information concerning those lands and make such recommendations and suggestions as he may deem proper.

(2) The Land Commissioner shall prepare a biennial report which shall include the terms of all leases on sixteenth section school lands, or lands granted in lieu thereof, the condition of the title to all such lands and the current income from all sources earned by such lands, and he shall maintain such report in his office for examination by any interested person.

(3) Any state, county or municipal official shall supply annually to the State Land Commissioner such sixteenth section management information as shall be requested by the commissioner. Such information shall include, but not be limited to, the following items pertaining to all new leases, rights-of-way, easements and sales of school trust lands: the number of acres in each parcel; the consideration paid for each transaction; the length and expiration of each lease, easement, or right-of-way; and the use to be made of each parcel. The applicable public official shall likewise report information requested by the State Land Commissioner upon principal fund investments. Such information shall include, but not be limited to, the following items: amounts of monies invested; dates of investment; where invested; form of investment; rate of return of each investment; and the amount of revenue earned upon each investment.

The action of mandamus shall lie as is provided under Section 29-3-9 to compel the transmittal of information under this subsection by any public official to the best of his knowledge and belief.

(4) (a) The Land Commissioner shall have supervisory power over all lands donated for the benefit of public education under the Mississippi Celebrity Honorary or Memorial Forestland Program.

(b) All of the requirements of this section shall apply to the donated lands.

SECTION 4. Section 29-3-1, Mississippi Code of 1972, is amended as follows:

29-3-1. (1) Sixteenth section school lands, or lands granted in lieu thereof, constitute property held in trust for the benefit of the public schools and must be treated as such. The Board of Education, under the general supervision of the State Land Commissioner, shall have control and jurisdiction of said school trust lands and of all funds arising from any disposition thereof heretofore or hereafter made. It shall be the duty of the Board of Education to manage the school trust lands and all funds arising therefrom as trust property. Accordingly, the board shall assure that adequate compensation is received for all uses of the trust lands, except for uses by the public schools.

(2) In the event the board of supervisors declines to approve the rental value of the land set by the Board of Education, the Board of Education shall within ten (10) days appoint one (1) appraiser, the board of supervisors shall within twenty (20) days appoint one (1) appraiser and the two (2) appraisers so appointed shall within twenty (20) days appoint a third appraiser whose duty it shall be to appraise the land, exclusive of buildings and improvements, the title to which is not held in trust for the public schools, and to file a written report with each board setting forth their recommendation for the rental value of the land within thirty (30) days. The cost of the appraisal shall be paid from any available sixteenth section school funds or other school funds of the district. If no appeal is taken within twenty (20) days as provided hereunder, the lease shall be executed in accordance with said recommended rental value within thirty (30) days of the receipt of the appraisers' report. In the event any party is aggrieved by the decision of the appraisers setting forth the appraised rental value, the party so aggrieved shall be entitled to an appeal to the chancery court in which the land is located. Such appeal shall be taken within twenty (20) days following the decision. The chancery court, on appeal, may review all of the proceedings, may receive additional evidence, and make findings of fact, as well as conclusions of law to insure that a fair and reasonable return may be obtained on the sixteenth section lands or lands in lieu thereof.

(3) (a) The Board of Education, under the general supervision of the State Land Commissioner, shall have control and jurisdiction over lands donated under the Mississippi Celebrity Honorary or Memorial Forestland Program and designated for the benefit of that school district.

(b) The duties, obligations and responsibilities of the Board of Education related to sixteenth section lands under this section shall apply to such donated lands.

SECTION 5. Section 29-3-45, Mississippi Code of 1972, is amended as follows:

29-3-45. (1) (a) The Board of Education shall by order placed upon its minutes, enter into an agreement with the State Forestry Commission for the general supervision and management of all lands classified as forestlands, as hereinabove provided, and of all timber or other forest products under the control of the board on sixteenth section lands, and lieu lands which have not been so classified; however, any school board may contract with private persons or businesses for the reforestation of sixteenth section lands. When such agreement has been entered into, no timber or other forest products shall be sold from any of said sixteenth section lands or lieu lands except such as have been marked for cutting by the State Forestry Commission's employees, and the said Forestry Commission, or its designated employee, shall fix the minimum total cash price or minimum price per unit, one thousand (1,000) feet or other measure, at which said marked timber or other forest products shall be sold. Said sales may be made for a lump sum or upon a unit price as in the opinion of the board may be calculated to bring the greatest return. Sales shall be made upon such other terms and conditions as to manner of cutting, damages for cutting of unmarked trees, damages to trees not cut and other pertinent matters as the Board of Education shall approve.

(b) The State Forestry Commission shall have the sole authority and control in prescribing the forestry management practices and scheduling of all cutting and harvesting of timber or other forest products when such timber stands or other forest products are determined by the State Forestry Commission to be economically ready for cutting and harvesting; however, any school board may contract with private persons or businesses for the reforestation of sixteenth section lands.

(c) Should a school board disagree with the Forestry Commission concerning the time of cutting and harvesting, the board may make an appeal to the Forestry Commission at a regular monthly scheduled meeting of the commission. If the school board is not satisfied after the appeal to the commission, the board may then appeal to the Secretary of State who will make the final decision as to the time for cutting and harvesting. In the event, the local school board is divested of its management authority under Section (2) hereof, the Secretary of State, after due consultation with the Forestry Commission, shall retain the right to make final decisions concerning the management and sale of timber and other forest products.

(d) It is hereby made the duty of the State Forestry Commission, from time to time, to mark timber which should be cut from said lands, to determine what planting, deadening or other forestry improvements should be made, giving due consideration to food and habitat for wildlife, and to report to the appropriate board of education. The State Forestry Commission and the Board of Education shall supervise the cutting of any timber or harvesting of other forest products sold from said lands herein designated and shall have authority to require any timber-cutting operations on said lands to cease until proper adjustment is made, whenever it shall appear that timber is being cut in violation of the terms of the sale. In the event that it is desired to lease any of such lands or standing timber for turpentine purposes, such lease shall only cover such trees as the State Forestry Commission shall designate, and said commission through its employees shall approve the number of faces, method of chipping and boxing of such timber, and shall fix a minimum total cash price or minimum price per unit.

(e) No sale of any timber, turpentine or other forest products lease shall be made until notice of same shall have been published once a week for three (3) consecutive weeks in at least one (1) newspaper published in such county. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for said sale, and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county and, in addition thereto, by posting a copy of such notice for at least twenty-one (21) days next preceding such sale at three (3) public places in such county.

(f) Provided, however, in the case of damage by fire, windstorm or other natural causes which would require immediate sale of the timber, because the time involved for advertisement as prescribed herein would allow decay, rot or destruction substantially decreasing the purchase price to be received had not such delay occurred, the advertisement provisions of this section shall not apply. The Board of Education, with a written recommendation from a designated employee of the State Forestry Commission filed in the minutes of the Board of Education, shall determine when immediate sale of the timber is required. When the Board of Education shall find an immediate sale necessary for the causes stated herein, it shall, in its discretion, set the time for receipt of bids on the purchase of said timber, but shall show due diligence in notifying competitive bidders so that a true competitive bid shall be received.

(2) (a) In the event that any member of a local board of education may have a personal interest, either direct or indirect, in the decisions regarding the management or sale of timber or other forest products or in a contract for the sale of timber or other forest products from sixteenth section school lands under the jurisdiction and control of said board, then said board of education shall automatically be divested of all authority and power to manage and sell timber or other forest products on sixteenth section lands under its control and jurisdiction. Said divestiture shall extend for the period of service, and for one (1) year thereafter, of the board member having a direct or indirect personal interest in the sale or decision to sell timber or other forest products.

(b) During the time in which any local board of education may be divested of authority and power to manage and sell timber and other forest products, such authority and power shall be vested in the Secretary of State, as supervisory trustee of sixteenth section lands. Upon the appointment or election of a member of a local board of education who may have such an appointment or election of a member of a local board of education who may have such an interest in decisions and contracts regarding the management and sale of timber or other forest products, said board of education shall immediately notify the Secretary of State in writing. Likewise, said board shall give written notification to the Secretary of State within thirty (30) days prior to the expiration of any such divestiture period. Any contractor with a local board of education or the Secretary of State shall be entitled to rely on representations by such board or the Secretary of State as to who has authority to enter contracts for the management or sale of timber or other forest products, and reliance on such representations shall not be grounds for voiding any contract.

(c) The laws providing for the management and sale of timber and other forest products by local boards of education shall apply to the management and sale of timber and other forest products by the Secretary of State. The Mississippi Forestry Commission shall provide the Secretary of State with advice and services in the same manner as provided to local boards of education.

(d) The Secretary of State shall be paid all monies derived from the sale of timber or other forest products and shall promptly forward the same to the superintendent of education for such school district with instructions for the proper settlement, deposit and investment of said monies. Such local school board shall reimburse the Secretary of State for all direct costs relating to the management and sale of timber or other forest products, and in the case of a sale of timber or other forest products, the Secretary of State may deduct such direct cost from the proceeds of sale. The Secretary of State shall furnish an itemized listing of all direct cost charged to the local school district.

(3) This section shall apply to lands donated under the Mississippi Celebrity Honorary or Memorial Forestland Program. The State Forestry Commission shall have sole authority and control in prescribing the forestry management practices for such lands.

SECTION 6. This act shall take effect and be in force from and after July 1, 2004.