House Concurrent Resolution 11

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 213A, MISSISSIPPI CONSTITUTION OF 1890, TO CLARIFY THAT THE LEGISLATURE SHALL MAKE ADEQUATE PROVISION BY LAW FOR THE ESTABLISHMENT, MAINTENANCE AND OPERATION OF THE EIGHT PUBLIC UNIVERSITIES IN THE STATE OF MISSISSIPPI; TO PROVIDE FOR A STATE UNIVERSITY SYSTEM COMPRISED OF THE EIGHT PUBLIC UNIVERSITIES IN THE STATE OF MISSISSIPPI; TO ESTABLISH A SYSTEM OF GOVERNANCE FOR THE STATE UNIVERSITY SYSTEM OF MISSISSIPPI; TO PROVIDE FOR A BOARD OF GOVERNORS FOR THE MANAGEMENT OF THE STATE UNIVERSITY SYSTEM COMPRISED OF THE MEMBERSHIP OF THE PRESENT BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING; TO PRESCRIBE THE GENERAL RESPONSIBILITIES OF THE BOARD OF GOVERNORS OF THE STATE UNIVERSITY SYSTEM; TO PROVIDE FOR LOCAL BOARDS OF TRUSTEES FOR THE ADMINISTRATION OF EACH UNIVERSITY IN THE STATE UNIVERSITY SYSTEM; TO PRESCRIBE THE GENERAL RESPONSIBILITIES OF THE LOCAL BOARDS OF TRUSTEES; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 be submitted to the qualified electors of the state:

Amend Section 213A, Mississippi Constitution of 1890, to read as follows:

Section 213A. (1) PUBLIC UNIVERSITIES. Adequate provision shall be made by law for the establishment, maintenance and operation of the public institutions of higher learning in Mississippi, to wit: University of Mississippi, Mississippi State University * * *, Mississippi University for Women, University of Southern Mississippi, Delta State University, Alcorn State University, Jackson State University, Mississippi Valley State University, and any others which may be organized or established by the State of Mississippi * * *. Nothing herein contained shall in any way limit or take away the power the Legislature had and possessed * * * at the time of the adoption of this amendment, to consolidate, abolish or change the status of any of the above named institutions.

(2) STATE UNIVERSITY SYSTEM. There shall be a single state university system comprised of all public universities. A board of trustees shall administer each public university and a board of governors shall govern the state university system.

(3) BOARD OF GOVERNORS OF THE STATE UNIVERSITY SYSTEM. The Board of Governors of the State University System shall be a body corporate consisting of the membership of the Board of Trustees of State Institutions of Higher Learning as constituted on November 1, 2010, which shall become the new Board of Governors of the State University System. The board shall operate, regulate, control and be fully responsible for the management of the whole university system. These responsibilities shall include, but not be limited to, defining the distinctive mission of each constituent university and its articulation with public schools and community colleges, ensuring the well-planned coordination and operation of the system, and avoiding wasteful duplication of facilities or programs. The board's management shall be subject to the powers of the Legislature to appropriate for the expenditure of funds, and the board shall account for such expenditures as provided by law. The Governor shall appoint the members of the board with the advice and consent of the Senate. The Governor shall appoint only persons who are 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 its high and honorable duties to the greatest advantage of the people of the state and such educational institutions, uninfluenced by any political considerations. The board of governors shall be composed of twelve (12) members. The members of the board * * * as constituted on January 1, 2004, shall continue to serve until expiration of their respective terms of office. Appointments made to fill vacancies created by expiration of members' terms of office occurring after January 1, 2004, shall be as follows: The initial term of the members appointed in 2004 shall be for eleven (11) years; the initial term of the members appointed in 2008 shall be for ten (10) years; and the initial term of the members appointed in 2012 shall be for nine (9) years. After the expiration of the initial terms, all terms shall be for nine (9) years. Four (4) members of the board * * * shall be appointed from each of the three (3) Mississippi Supreme Court districts and, as such vacancies occur, the Governor shall make appointments from the Supreme Court district having the smallest number of board members until the membership includes four (4) members from each district. In case of a vacancy on the board by death or resignation of a member, or from any cause other 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 for the balance of the unexpired term for which such original trustee was appointed, to the end that one-third (1/3) of such trustees' terms will expire each three (3) years. The Legislature shall provide by law for the appointment of a trustee for the La Bauve Fund at the University of Mississippi and for the perpetuation of such fund.

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(4) LOCAL BOARDS OF TRUSTEES. Each local constituent university shall be administered by a board of trustees consisting of seven (7) members, dedicated to the purposes of the state university system, selected as provided by law. The Board of Governors of the State University System shall establish the powers and duties of the boards of trustees.

BE IT FURTHER RESOLVED, That the amendment in this resolution shall be submitted to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2010, as provided by Section 273 of the Constitution and by law.

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2010, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment replaces the Board of Trustees of State Institutions of Higher Learning with a board of governors to manage the state university system and provides for a local board of trustees to administer the operation of each state university, under the direction and supervision of the board of governors."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature, to the Attorney General of the United States or to the United States District Court for the District of Columbia, in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.