Senate Bill 2091

AN ACT TO AMEND SECTION 37-7-103, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHERE THE CITY LIMITS OF ANY MUNICIPALITY CONSTITUTING A MUNICIPAL SEPARATE SCHOOL DISTRICT ARE EXTENDED THROUGH LEGAL ANNEXATION, SUCH TERRITORY OF ANY ADJACENT COUNTY OR CONSOLIDATED SCHOOL DISTRICT WHICH ARE INCORPORATED WITHIN THE CITY LIMITS SHALL AUTOMATICALLY BE MERGED WITH THE MUNICIPAL SEPARATE SCHOOL DISTRICT; AND FOR RELATED PURPOSES.

SECTION 1. Section 37-7-103, Mississippi Code of 1972, is amended as follows:

37-7-103. (1) From and after July 1, 1987, the school board of any school district shall have full jurisdiction, power and authority, at any regular meeting thereof or at any special meeting called for that purpose, to abolish such existing district, or to reorganize, change or alter the boundaries of any such district. In addition thereto except as otherwise provided in subsection (2) of this section, with the consent of the school board of the school district involved, the school board may add to such school district any part of the school district adjoining same, and with the consent of the school board of the school district involved, may detach territory from such school district and annex same to an adjoining district. Provided, however, that the consent of the school board of the school districts involved in implementing the provisions of Section 37-7-104, 37-7-104.2, 37-7-104.3, 37-7-104.4, 37-7-104.5, 37-7-104.6, 37-7-104.7 or 37-7-104.8 shall not be required for the administrative consolidation of such school districts pursuant to the order of the State Board of Education.

(2) Where the limits and boundaries of any municipality which constitutes a municipal separate school district or a part thereof, have been or may hereafter be extended through annexation as provided by law, so as to include therein territory of any adjacent existing county school district or consolidated school district, such parts thereof as are incorporated within the municipal limits by reason of such extension shall thereby be automatically merged with and become a part of such municipal separate school district. Where any such county or consolidated school district which has been merged with a municipal separate school district, or may hereafter be merged, and such county or consolidated school district shall have theretofore issued any bonds or incurred any indebtedness existing and outstanding at the time of such merger, the board of supervisors of the county in which such county or consolidated school district may be located shall on or before the first day of December of each year, certify to the municipal governing authority the amount of taxes that the part of such school district added to the municipal separate school district would have paid as its share on the principal and interest of such bonded indebtedness of the county or consolidated school district had it not been so added and merged with the municipal separate school district under the provisions hereof, and the municipality shall pay the amount so certified to it by the board of supervisors on or before the first day of February of the following year, and the said municipality shall be liable for the total amount of the tax so certified to it as was the share of the bonded indebtedness of the said county or consolidated school district.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.