MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Public Property
By: Representative Turner
AN ACT TO AMEND SECTION 29-1-3, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOL DISTRICT OFFICIALS TO REPORT INFORMATION ON THE MANAGEMENT OF SIXTEENTH SECTION LAND LEASES AS REQUESTED BY THE SECRETARY OF STATE AND TO REVISE THE INFORMATION THAT MUST BE INCLUDED IN SUCH REPORTS; TO AMEND SECTION 29-3-82, MISSISSIPPI CODE OF 1972, TO REVISE THE MANNER IN WHICH CERTAIN SIXTEENTH SECTION LAND LEASES ARE EXECUTED AND PROVIDED TO THE SECRETARY OF STATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 29-1-3, Mississippi Code of 1972, is amended as follows:
29-1-3. (1) The * * * Secretary of State 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 * * * Secretary of State
shall prepare a * * *
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 * * *,
municipal or school district official shall supply annually to the * * * Secretary of State
such sixteenth section management information as shall be requested by the * * * secretary. 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 * * * Secretary of
State on schedule of revenue and expenses and principal fund investments.
Such information shall include, but not be limited to, the following items: revenues
received from various sources; expenses; escrow funds; principal funds;
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 information must be submitted in electronic
format in the manner required by the Secretary of State.
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.
SECTION 2. Section 29-3-82, Mississippi Code of 1972, is amended as follows:
29-3-82. The following procedure shall be followed for the leasing of sixteenth section school lands or lands granted in lieu thereof which are not classified as forest land or agricultural land or leased under Section 29-3-99:
(a) Any present leaseholder who desires to renew his lease, or any person who desires to lease sixteenth section or lieu lands, shall make application to the superintendent of education.
(b) Upon receipt of an application for the lease of such lands, the superintendent of education shall promptly give consideration to the application and he shall record his recommendation in writing and present it to the board of education at the next regular meeting of the board.
(c) The board of education, at its meeting, shall consider the application and recommendation of the superintendent of education and may receive any other information which it considers bearing upon the approval of the application and lease of such land. Within thirty (30) days of the receipt of an application, the board shall act on the application and if such action is favorable, the board of education shall submit to the superintendent of education a suggested lease agreement.
(d) The superintendent of education shall then present the lease to the board of supervisors of the county where such land is located. Within thirty (30) days of the receipt of the lease, the board of supervisors shall accept or reject the proposed rental amount.
(e) If the board of supervisors accepts the lease as proposed by the board of education, the superintendent of education shall execute the lease to the applicant under the terms and conditions set forth in the lease.
(f) If the board of supervisors refuses to accept the rental value set by the board of education in the proposed lease, the rental value of the lease shall be determined under the provisions set forth in Section 29-3-1(2).
(g) All sixteenth
section or lieu land leases shall be reduced to writing and signed * * * by the president of the board of
supervisors, the president of the board of education and the superintendent of
education. The chancery clerk * * * shall record the original on the deed records of the county,
abstract the lease as a mesne conveyance, and record it on the minutes of the
board of supervisors. The chancery clerk shall charge and collect from the
lessee the full recording fees. A certified copy of the lease must be
provided to the Secretary of State in the format requested.
SECTION 3. This act shall take effect and be in force from and after July 1, 2020.