MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Universities and Colleges
By: Representative Scoggin
AN ACT TO AMEND SECTIONS 37-117-1 AND 37-117-3, MISSISSIPPI CODE OF 1972, TO CHANGE THE NAME OF "MISSISSIPPI UNIVERSITY FOR WOMEN" TO "THE W", WITH OFFICIAL DOCUMENTS DENOTING THE NAME AS "WYNBRIDGE STATE UNIVERSITY OF MISSISSIPPI"; TO REPEAL SECTIONS 37-117-5, 37-117-7, 37-117-9 AND 37-117-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE COUNTY APPORTIONMENT OF STUDENTS, CERTIFICATES OF SELECTION AND DORMITORY PRIVILEGES AT THE MISSISSIPPI UNIVERSITY FOR WOMEN; TO AMEND SECTIONS 1-1-11, 1-5-7, 7-3-15, 25-65-5, 25-65-7, 37-101-1, 37-101-41, 37-101-83, 37-101-91, 37-101-141, 37-101-147, 37-101-303, 37-139-3, 37-183-5 AND 39-39-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO PRECEDING PROVISIONS IN ORDER TO REVISE AND REFLECT THE CHANGE IN NOMENCLATURE OF "MISSISSIPPI UNIVERSITY FOR WOMEN" TO "WYNBRIDGE STATE UNIVERSITY OF MISSISSIPPI"; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-117-1, Mississippi Code of 1972, is amended as follows:
37-117-1. The institution,
formerly named Mississippi College for Women, incorporated by the act of
the Legislature, approved March 12, 1884, and established in pursuance thereof,
shall continue to exist as a body politic and corporate by the name of * * * "The
W", with all its property and franchises, rights, powers and privileges
conferred on it by law, or properly incident to such a body and necessary to
accomplish the purpose of its creation; said college may receive and hold all
real estate and personal property conveyed or given to it for such purposes. * * * Official documents shall hereafter * * * refer to "The W", as
"Wynbridge State University of Mississippi * * *," without
interference with the rights, powers and prerogatives of said college which
continue in all respects. Whenever the name "Mississippi College for
Women" or "Mississippi University for Women" appears
the same is construed to denote * * * "The
W".
SECTION 2. Section 37-117-3, Mississippi Code of 1972, is amended as follows:
37-117-3. The purpose and
aim of * * * "The W" is to provide
a high-quality undergraduate and graduate education for women and men in a variety
of liberal arts and professional programs, while maintaining its historical commitment
to academic and leadership development for women.
SECTION 3. Sections 37-117-5, 37-117-7, 37-117-9 and 37-117-11, Mississippi Code of 1972, which provide for the county apportionment of students, certificates of selection and dormitory privileges at the Mississippi University for Women, are hereby repealed.
SECTION 4. Section 1-1-11, Mississippi Code of 1972, is amended as follows:
1-1-11. (1) Except as provided in subsection (2) of this section, the Joint Committee on Compilation, Revision and Publication of Legislation shall distribute or provide for the distribution of the sets of the compilation of the Mississippi Code of 1972 purchased by the state as follows:
Fifty-seven (57) sets to the Mississippi House of Representatives and forty (40) sets to the Mississippi Senate for the use of the Legislative Reference Bureau, Legislative Services Offices, staffs and committees thereof.
Ten (10) sets to the Governor's Office; nine (9) sets to the Secretary of State; and twenty (20) sets to the Auditor's Office.
One (1) set to each of the following: the Lieutenant Governor; each member of the Legislature; the Treasurer; each district attorney; each county attorney; each judge of the Court of Appeals and each judge of the Supreme, circuit, chancery, county, justice and municipal courts; each Mississippi Senator and Mississippi Representative in Congress; State Superintendent of Education; Director of the Department of Finance and Administration; the Commissioner of Agriculture and Commerce; each Mississippi Transportation Commissioner; the Insurance Commissioner; the Clerk of the Supreme Court; the State Board of Health; each circuit clerk; each chancery clerk in the state for the use of the chancery clerk and the board of supervisors; each sheriff in the state for the use of his office and the county officers; and each county for the county library (and an additional set shall be given to each circuit clerk, chancery clerk, sheriff and county library in counties having two (2) judicial districts).
Six (6) sets to the
Performance Evaluation and Expenditure Review (PEER) Committee; three (3) sets
to the Director of the Legislative Budget Office; six (6) sets to the Department
of Corrections; two (2) sets to the Department of Archives and History; two (2)
sets to the State Soil and Water Conservation Commission; sixty-eight (68) sets
to the Attorney General's office; six (6) sets to the Public Service
Commission; four (4) sets to the Public Utilities Staff; thirty-five (35) sets
to the Department of Revenue; one (1) set to the Board of Tax Appeals; two (2)
sets to the State Personnel Board; six (6) sets to the State Law Library; one
(1) set to the Library of Congress; ten (10) sets to the University of
Mississippi Law School; one (1) set each to the Mississippi School for the Deaf
and the Mississippi School for the Blind; one (1) set each to the University of
Mississippi, Mississippi State University, Wynbridge State University of
Mississippi * * *, University of Southern Mississippi, Delta
State University, Alcorn State University, Jackson State University,
Mississippi Valley State University, and the Board of Trustees of State
Institutions of Higher Learning; and one (1) set to the Supreme Court judges'
conference room. In furtherance of the State Library's reciprocal program of
code exchange with libraries of the several states, the joint committee shall,
at the direction and only upon the written request of the State Librarian,
distribute or provide for the distribution of sets of the code to such
libraries.
One (1) set to each state junior or community college; three (3) sets to the Department of Wildlife, Fisheries and Parks; two (2) sets to the Department of Environmental Quality; two (2) sets to the Department of Marine Resources; two (2) sets to the Mississippi Ethics Commission; six (6) sets to the Mississippi Workers' Compensation Commission; four (4) sets to the State Department of Rehabilitation Services; three (3) sets to the Department of Child Protection Services; and four (4) sets to the Department of Human Services. One (1) set to each of the following: State Textbook Procurement Commission; University Medical Center; State Library Commission; Department of Agriculture and Commerce; Forestry Commission; and seventeen (17) sets to the Department of Public Safety. Also, one (1) set to each of the following: Adjutant General, Mississippi Development Authority, Department of Banking and Consumer Finance, Bureau of Building, Grounds and Real Property Management, the State Educational Finance Commission, the Mississippi Board of Vocational and Technical Education, Division of Medicaid, State Board of Mental Health, and Department of Youth Services.
The joint committee is authorized to distribute or provide for the distribution of additional sets of the Mississippi Code, not to exceed three (3) sets, to the office of each district attorney for the use of his assistants.
The joint committee shall provide to the Mississippi House of Representatives and the Mississippi Senate the annual supplements to the Mississippi Code of 1972 for each set of the code maintained by the House and Senate.
An elected or appointed officeholder in the State of Mississippi, except for a member of the Legislature, shall deliver to his successor in office, or to the joint committee if there is no successor, the set of the Mississippi Code of 1972 provided the officeholder under this section.
Before the joint committee delivers or provides for delivery of a copy of the Mississippi Code of 1972 to an individual officeholder, the joint committee shall prepare and submit a written agreement to the officeholder. The agreement shall, among other provisions, state that the code is the property of the State of Mississippi, that it shall be transferred to the officeholder's successor in office, that the officeholder has an obligation to make such transfer and that the officeholder shall be responsible for the failure to deliver the code and for any damage or destruction to the code, normal wear and tear excepted. The joint committee shall execute the agreement and forward it to the officeholder for execution. The joint committee shall not deliver or provide for delivery of the code to the officeholder until the executed agreement is received by the committee. The joint committee may include in the agreement such other provisions as it may deem reasonable and necessary. In addition to damages or any other remedy for not transferring a set of the code to his successor, an officeholder who does not transfer his set of the code shall be guilty of a misdemeanor and shall, upon conviction, pay a fine of One Thousand Dollars ($1,000.00). Upon request of the joint committee, the Attorney General shall assist the joint committee in taking such actions as necessary to require an officeholder to transfer the set of code provided under this section to his successor, or to the joint committee if there is no successor, and to recover reimbursement or damages from any officeholder for the loss of or damage or destruction to any volumes of the set of the code provided under this section, other than normal wear and tear.
Replacement of missing, damaged or destroyed sets or volumes of the code provided by this chapter may be obtained from the code publisher through the joint committee at the established state cost, the cost to be borne by the recipient.
No more than one (1) set of the Mississippi Code of 1972 shall be furnished to any one (1) individual, regardless of the office or offices he may hold.
(2) The sets of actual bound volumes of the Mississippi Code of 1972 referenced in subsection (1) shall be provided to each elected state official, elected state district official and member of the Legislature upon written request by the official or member of the Legislature to the Joint Committee on Compilation, Revision and Publication of Legislation.
SECTION 5. Section 1-5-7, Mississippi Code of 1972, is amended as follows:
1-5-7. (1) The Office of the
Secretary of State shall distribute and transmit, free of cost, the general laws
and journals of each session of the Legislature, as follows: One (1) volume of
each to the following: Governor, Lieutenant Governor, Secretary of State, Attorney
General, State Auditor, State Treasurer, Clerk of the Supreme Court, the Court of
Appeals; Mississippi State University, Wynbridge State University of Mississippi * * *, Alcorn State University, University
of Southern Mississippi, Delta State University, Jackson State University, Mississippi
Valley State University, University of Mississippi and University of Mississippi
School of Law; the sheriff of each county for the county law library; each member
of the Legislature; the Secretary of the Senate; the Clerk of the House; each attorney
employed in the Legislative Services Offices of the House of Representatives and
the Senate; each legislative committee meeting room in the New Capitol; the Legislative
Reference Bureau; the Legislative Budget Office; the Legislative PEER Committee;
the Department of Archives and History; and the Library of Congress at Washington,
D.C.
The copies of the general laws and journals to be provided to each sheriff, member of the Legislature and the attorneys employed in the Legislative Services Offices of the House and Senate under this subsection (1) shall not be provided unless specifically requested by such sheriff, legislator or attorney in writing, and the copies to be provided for legislative committee meeting rooms in the New Capitol shall not be provided unless specifically requested in writing by the Clerk of the House or the Secretary of the Senate for the committee rooms of their respective house. Any other recipient of the general laws and journals listed in this subsection (1) may waive the receipt of the general laws, journals or both by written request to the Office of the Secretary of State.
(2) The Office of the Secretary of State shall provide, free of cost, one (1) volume of the local and private laws to each attorney employed in the Legislative Services Offices of the House of Representatives and the Senate; each legislative committee meeting room in the New Capitol; the Legislative Reference Bureau; and the Legislative PEER Committee.
The copies of the local and private laws to be provided to the attorneys employed in the Legislative Services Offices of the House and Senate under this subsection (2) shall not be provided unless specifically requested by such attorney in writing, and the copies to be provided for legislative committee meeting rooms in the New Capitol shall not be provided unless specifically requested in writing by the Clerk of the House or the Secretary of the Senate for the committee rooms of their respective house.
SECTION 6. Section 7-3-15, Mississippi Code of 1972, is amended as follows:
7-3-15. The Secretary of
State shall transmit, free of cost, one (1) copy of each volume of "Southern
Reporter-Mississippi Cases" to the sheriff of each county of the state, for
the county library, if the sheriff specifically requests copies of the volumes
of "Southern Reporter-Mississippi Cases" in writing; one (1) copy of
each volume thereof to each of the following educational institutions:
Mississippi State University, Alcorn State University, Wynbridge State University
of Mississippi * * *, Mississippi College School of Law, Delta State
University, Jackson State University, Mississippi Valley State University, and
the University of Southern Mississippi; ten (10) copies of each volume thereof
to the University of Mississippi; and one (1) copy of each volume to the Library
of Congress at Washington, D.C.
The above provisions of this section are made in recognition of benefits received through receipt at depository libraries and elsewhere in the State of Mississippi of public documents of the United States under the provisions of federal and state laws.
SECTION 7. Section 25-65-5, Mississippi Code of 1972, is amended as follows:
25-65-5. The following words and phrases shall have the meanings ascribed herein, unless the context clearly indicates otherwise:
(a) "University"
means and includes Alcorn State University, Delta State University, Jackson
State University, Mississippi State University, Mississippi State University
Agriculture and Forestry Experiment Station, Mississippi State
University Cooperative Extension Service, Mississippi State University Forest
and Wildlife Research Center, Mississippi State University State Chemical
Laboratory, Wynbridge State University of Mississippi * * *, Mississippi Valley State
University, the University of Mississippi, University of Mississippi Medical
Center and the University of Southern Mississippi.
(b) "Community/Junior college" means and includes Coahoma Community College, Copiah-Lincoln Community College, East Central Community College, East Mississippi Community College, Hinds Community College, Holmes Community College, Itawamba Community College, Jones County Junior College, Meridian Community College, Mississippi Delta Community College, Mississippi Gulf Coast Community College, Northeast Mississippi Community College, Northwest Mississippi Community College, Pearl River Community College and Southwest Mississippi Community College.
(c) "State agency" means and includes the Department of Finance and Administration, the State Tax Commission, the Department of Education, the State Department of Health, the Department of Mental Health, the Department of Agriculture and Commerce, the Mississippi Development Authority, the Department of Environmental Quality, the Department of Wildlife, Fisheries and Parks, the Department of Corrections, the Division of Medicaid, the Department of Rehabilitation Services, the Department of Public Safety, the Mississippi Employment Security Commission, the Mississippi Department of Information Technology Services, the Public Employees Retirement System, the Mississippi Department of Transportation, the Mississippi Gaming Commission and the Mississippi Department of Human Services.
(d) "Agency head" means an elected official who heads an agency, an executive director or a governing board or commission responsible for heading an agency or a president or chancellor of a university or a president of a community/junior college.
(e) "Agency internal audit director" means the person appointed by the agency head to direct the internal audit function for the state agency. Where consistent with responsibilities described in this chapter, the term agency internal audit director may also be referred to as inspector general, audit director, chief auditor or similar internal audit administrator descriptions.
(f) "Audit committee" means a standing committee external to organization management that collectively has the expertise to provide effective guidance regarding the acquisition and provision of internal audit services and to provide guidance in the provision of those services.
SECTION 8. Section 25-65-7, Mississippi Code of 1972, is amended as follows:
25-65-7. The provisions of
this chapter shall only apply (a) to the following universities: (i) Alcorn
State University, (ii) Delta State University, (iii) Jackson State University,
(iv) Mississippi State University, (v) Mississippi State University Agriculture
and Forestry Experiment Station, (vi) Mississippi State University Cooperative
Extension Service, (vii) Mississippi State University Forest and Wildlife
Research Center, (viii) Mississippi State University State Chemical Laboratory,
(ix) Wynbridge State University of Mississippi * * *, (x) Mississippi Valley
State University, (xi) The University of Mississippi, (xii) University of
Mississippi Medical Center and * * * (xiii) The University of Southern
Mississippi; (b) to the following community/junior colleges: (i) Coahoma
Community College, (ii) Copiah-Lincoln Community College, (iii) East Central
Community College, (iv) East Mississippi Community College, (v) Hinds Community
College, (vi) Holmes Community College, (vii) Itawamba Community College,
(viii) Jones County Junior College, (ix) Meridian Community College, (x)
Mississippi Delta Community College, (xi) Mississippi Gulf Coast Community
College, (xii) Northeast Mississippi Community College, (xiii) Northwest
Mississippi Community College, (xiv) Pearl River Community College and (xv)
Southwest Mississippi Community College; and (c) to the following agencies:
(i) the Department of Finance and Administration, (ii) the State Tax
Commission, (iii) the Department of Education, (iv) the State Department of Health,
(v) the Department of Mental Health, (vi) the Department of Agriculture and
Commerce, (vii) the Mississippi Development Authority, (viii) the Department of
Environmental Quality, (ix) the Department of Wildlife, Fisheries and Parks,
(x) the Department of Corrections, (xi) the Division of Medicaid, (xii) the
Department of Rehabilitation Services, (xiii) the Department of Public Safety,
(xiv) the Mississippi Employment Security Commission, (xv) the Mississippi
Department of Information Technology Services, (xvi) the Public Employees
Retirement System, (xvii) the Mississippi Department of Transportation, (xviii)
the Mississippi Gaming Commission and (xix) the Mississippi Department of Human
Services.
SECTION 9. Section 37-101-1, Mississippi Code of 1972, is amended as follows:
37-101-1. The following state institutions of higher learning shall be under the management and control of a board of trustees to be known as the Board of Trustees of State Institutions of Higher Learning, namely:
(a) The University of Mississippi;
(b) Mississippi State University of Agriculture and Applied Science;
(c) Wynbridge State
University of Mississippi * * *;
(d) The University of Southern Mississippi;
(e) Delta State University;
(f) Alcorn State University;
(g) Jackson State University;
(h) Mississippi Valley State University;
(i) And any other of like kind which may be hereafter established by the state.
SECTION 10. Section 37-101-41, Mississippi Code of 1972, is amended as follows:
37-101-41. (1) (a) Except
as otherwise provided in paragraph (b) of this section, and subject to the
provisions of Section 37-101-42, the Board of Trustees of State Institutions of
Higher Learning (the "board") is authorized and empowered to lease to
private individuals or corporations for a term not exceeding thirty-five (35)
years any land or land with existing auxiliary facilities at any of the following
state-supported institutions: Mississippi State University of Agriculture and
Applied Science, Jackson State University, Mississippi Valley State University,
University of Mississippi, Alcorn State University, University of Southern
Mississippi, Wynbridge State University of Mississippi * * * and Delta State
University, for the purpose of erecting or renovating, furnishing, maintaining
and equipping auxiliary facilities thereon for active faculty, staff and/or
students. The auxiliary facilities shall be constructed or renovated, and may
be furnished, maintained and equipped thereon by private financing, and may be leased
back to the board for use by the concerned state-supported institution of
higher learning. The lease shall contain a provision permitting the board to
purchase the building located thereon, including any furnishings and equipment
therein, for the sum of One Dollar ($1.00) after payment by the board of all
sums of money due under said lease.
(b) The Board of Trustees of State Institutions of Higher Learning may grant authority to universities to lease to private individuals or corporations for a period not exceeding thirty-five (35) years, any land or land with existing auxiliary facilities at the university, for the purpose of erecting or renovating, furnishing, maintaining and equipping auxiliary facilities thereon for active faculty, staff and/or students. The auxiliary facilities shall be constructed or renovated, and may be furnished, maintained and equipped thereon by private financing, and may be leased back to the board for use by the university. The lease shall contain a provision permitting the board to purchase the auxiliary facilities located thereon, including any furnishings and equipment therein, for the sum of One Dollar ($1.00) after payment by the board of all sums of money due under the lease.
(2) Upon there being an agreement reached between the Board of Trustees of State Institutions of Higher Learning and a university upon whose land the auxiliary facility will be constructed or renovated and a private individual(s) or corporation(s) to enter into such lease agreement as described in subsection (1), it shall be stipulated in the agreement that all newly constructed or renovated auxiliary facilities shall be in compliance with the minimum building code standards employed by the state as required under Section 31-11-33.
(3) The board, in conjunction with the university, shall have sole discretion to decide the placement of new auxiliary facilities upon the university's campus. However, the scope of any such construction or renovation by private entities shall be limited to two (2) leases entered into pursuant to this Section 37-101-41 per year for each university, and shall not exceed in the aggregate twenty-five percent (25%) of the university's total main campus or satellite campus property under the original lease period. In addition, the scope of any such renovation by private entities shall be limited to one (1) project per fiscal year for each university.
(4) No contractual lease agreement for the construction or renovation, furnishing, maintaining and equipping of privately financed auxiliary facilities shall be entered into by a university without prior approval of the Board of Trustees of State Institutions of Higher Learning. An auxiliary facility is a facility that is described by the current Postsecondary Education Facilities Inventory and Classification Manual (FICM) as within categories 500/600/700/800/900.
Before entering into contractual lease agreements for the construction or renovation, furnishing, maintaining and equipping of privately financed auxiliary facilities, the Board of Trustees of State Institutions of Higher Learning shall establish rules and procedures to ensure adequate public advertisement of any requirement for the construction or renovation, furnishing, maintaining and equipping of privately financed auxiliary facilities at a university in order to promote full and open competition and which set forth the requirements for evaluation of offers and award of the contract lease agreement to the private entity.
(5) In addition to the above stated authority, the university, with the permission of the board, is authorized to enter into such marketing, support, management, operating, cooperating or other similar agreements as the university and board may deem advisable or prudent in connection with the ongoing operations of such auxiliary facilities for a period not to exceed the term of the lease relating to such auxiliary facilities.
SECTION 11. Section 37-101-83, Mississippi Code of 1972, is amended as follows:
37-101-83. (a) (i) A special fund, to be designated as the "2022 IHL Capital Improvements Fund," is created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund.
(ii) Monies deposited into the fund shall be disbursed, in the discretion of the Department of Finance and Administration, with the approval of the Board of Trustees of State Institutions of Higher Learning on those projects related to the universities under its management and control to pay the costs of capital improvements, renovation and/or repair of existing facilities, furnishings and/or equipping facilities for public facilities as hereinafter described:
AMOUNT
NAME PROJECT ALLOCATED
Alcorn State University......................... $ 5,040,000.00
Preplanning for repair,
renovation, and
expansion of and upgrades
and improvements to the
David L. Whitney Complex
and Wellness Center; campus
safety and security project,
including open space
development, sprinkler
systems for dormitories,
security camera
installation, card access
systems, street lighting,
and emergency kiosks; and
repair, renovation and
upgrading of campus
infrastructure..............$ 1,040,000.00
Repair and renovation of
and upgrades and
improvements to the Math
and Science Building........$ 4,000,000.00
Delta State University........................... $ 5,640,000.00
Repair, renovation and
replacement of and
upgrades and
improvements to HVAC systems
and related equipment and
infrastructure.............$ 3,937,500.00
Repair and renovation
for ADA compliance
for the Bologna Performing
Arts Center................$ 1,702,500.00
Jackson State University........................ $ 12,000,000.00
Construction, furnishing
and equipping of a new
dining facility and
related facilities........$ 12,000,000.00
Mississippi State University.................... $ 14,680,000.00
Repair, renovation, construction,
acquisition of property, furnishing
and equipping of related
facilities to house the
College of Architecture,
Art and Design...........$ 14,680,000.00
Mississippi State University/Division of
Agriculture, Forestry and Veterinary Medicine... $ 9,610,000.00
Repair and renovation
of and upgrades and
improvements to
Dorman Hall and
related facilities.......$ 9,610,000.00
Wynbridge State University of
Mississippi * * *.. $ 2,500,000.00
Repair, renovation,
and upgrading of
campus buildings
and facilities...........$ 2,500,000.00
Mississippi Valley State University.............. $ 10,200,000.00
Repair, renovation,
expansion of
and improvements to
existing buildings and facilities on
the main campus......$ 10,200,000.00
University of Mississippi........................ $ 5,500,000.00
Construction, furnishing
and equipping of a new
mechanical and power
plant building and related
facilities..............$ 4,500,000.00
Preplanning for
construction,
furnishing and
equipping of a
new building and
related facilities
to house the School
of Accountancy..........$ 1,000,000.00
University of Mississippi Medical Center......... $ 8,000,000.00
Repair, renovation,
and upgrading of
campus buildings
and facilities...........$ 8,000,000.00
University of Southern Mississippi............... $ 11,000,000.00
Construction, furnishing
and equipping of a new
science research facility...$ 11,000,000.00
IHL Education and Research Center............... $ 1,400,000.00
Repair and replacement of
chillers and related
equipment for the campus
air conditioning and
heating system.........$ 1,400,000.00
TOTAL.......................................... $ 85,570,000.00
(b) (i) Amounts deposited into such special fund shall be disbursed to pay the costs of projects described in paragraph (a) of this section. If any monies in such special fund are not used within four (4) years after the date funds are transferred under Section 1 of Chapter 510, Laws of 2022, from the Capital Expense Fund created in Section 27-103-303, Mississippi Code of 1972, into the special fund, then the institution of higher learning for which any unused monies are allocated under paragraph (a) of this section shall provide an accounting of such unused monies to the Department of Finance and Administration.
(ii) Monies in the special fund may be used to reimburse reasonable actual and necessary costs incurred by the Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, in administering or providing assistance directly related to a project described in paragraph (a) of this section. An accounting of actual costs incurred for which reimbursement is sought shall be maintained for each project by the Department of Finance and Administration, Bureau of Building, Grounds and Real Property Management. Reimbursement of reasonable actual and necessary costs for a project shall not exceed two percent (2%) of the monies in the special fund used for such project. Monies authorized for a particular project may not be used to reimburse administrative costs for unrelated projects.
(c) The Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, is expressly authorized and empowered to receive and expend any local or other source funds in connection with the expenditure of funds provided for in this section. The expenditure of monies deposited into the special fund shall be under the direction of the Department of Finance and Administration, and such funds shall be paid by the State Treasurer upon warrants issued by such department, which warrants shall be issued upon requisitions signed by the Executive Director of the Department of Finance and Administration, or his designee.
(d) Any amounts allocated to an institution of higher learning that are in excess of that needed to complete the projects at such institution of higher learning that are described in paragraph (a) of this section may be used for general repairs and renovations at the institution of higher learning.
SECTION 12. Section 37-101-91, Mississippi Code of 1972, is amended as follows:
37-101-91. The Board of Trustees
of State Institutions of Higher Learning is hereby authorized and empowered to contract
with and borrow money from the United States of America, or any department, instrumentality,
or agency thereof, as may be designated or created to make loans and grants, or
from private lenders, at an overall rate of interest to maturity not to exceed that
allowed in Section 75-17-103, for the purpose of acquiring land for, and erecting,
repairing, remodeling, maintaining, adding to, extending, improving, equipping,
or acquiring dormitories, dwellings, apartments, athletic stadium, gymnasiums, student
union buildings, student service centers, athletic fields, swimming pools, parking
facilities, cafeterias, dining halls, and/or other revenue producing facilities,
to be located at or near the campuses of the University of Mississippi, Mississippi
State University of Agriculture and Applied Science, Wynbridge State University
of Mississippi * * *, Alcorn State University, University of Southern Mississippi,
Delta State University, Jackson State University, Mississippi Valley State University,
and Gulf Coast Research Laboratory.
In agreements or commitments by or between the aforesaid board of trustees and private lenders and/or the U.S. Department of Housing and Urban Development to make loans or grants for the construction of dormitories in which bonds are to be issued under the provisions of Sections 37-101-91 through 37-101-103, and in which part or all of the principal and/or interest on said bonds is to be paid or guaranteed by the U.S. Department of Housing and Urban Development, said bonds shall bear a net interest rate not in excess of that allowed in Section 75-17-103.
Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.
SECTION 13. Section 37-101-141, Mississippi Code of 1972, is amended as follows:
37-101-141. The Board of Trustees
of State Institutions of Higher Learning is hereby authorized and empowered, in
its discretion, to sell and dispose of the timber, trees, dead wood and stumps standing,
growing and being upon the lands granted to the State of Mississippi for the use
and benefit of the University of Mississippi by an act of Congress of the United
States approved June 20, 1894, and upon the lands granted to the State of Mississippi
for the use and benefit of Wynbridge State University of Mississippi * * * by an act of Congress of the
United States approved March 2, 1895, and upon the lands granted to the State of
Mississippi for the use and benefit of Mississippi State University of Agriculture
and Applied Science, and Alcorn State University by an act of Congress of the United
States approved February 20, 1895, whenever the sale or disposition of such timber
shall be to the best advantage of the institutions named herein. Such timber shall
be sold and disposed of under the direction and specifications of the State Forestry
Commission in accordance with sound and efficient principles of forestry management
and conservation.
SECTION 14. Section 37-101-147, Mississippi Code of 1972, is amended as follows:
37-101-147. All leases and conveyances
of timber, trees, dead wood and stumps, and all oil, gas and mineral leases, or
leases for other purposes, provided for in Sections 37-101-141 and 37-101-143, shall
be executed by the President of the Board of Trustees of State Institutions of Higher
Learning, and attested by the Commissioner of Higher Education, respectively, for
and on behalf of the University of Mississippi, Wynbridge State University of
Mississippi * * *, Mississippi State University of Agriculture and Applied Science
and Alcorn State University, as the case may be. The corporate seal of the proper
institution shall be affixed to all conveyances and leases of the lands held for
the use and benefit of such institutions. In all such cases such conveyances and
leases shall be executed only upon the order or resolution of the Board of Trustees
of State Institutions of Higher Learning in the manner and method hereinbefore set
forth.
SECTION 15. Section 37-101-303, Mississippi Code of 1972, is amended as follows:
37-101-303. Before the issuance of any of the bonds herein authorized, the Board of Trustees of State Institutions of Higher Learning shall forward to the State Bond Commission its recommendation declaring the necessity for the issuance of general obligation bonds as authorized by Sections 37-101-301 through 37-101-331 for the purpose of erecting, repairing, constructing, remodeling, adding to or improving capital facilities for institutions of higher learning. The State Bond Commission shall have the power and is hereby authorized, upon receipt of the aforesaid recommendations, at one (1) time or from time to time, to declare the necessity for issuance of negotiable general obligation bonds of the State of Mississippi in an aggregate amount not to exceed Forty Million Dollars ($40,000,000.00) to provide funds for the purposes hereinabove set forth and to issue and sell bonds in the amount specified.
Out of the total amount of bonds authorized to be issued, funds shall be allocated among the institutions of higher learning as follows:
Alcorn State University......................$ 4,416,000.00
Delta State University....................... 1,882,000.00
Jackson State University..................... 2,396,000.00
Mississippi State University................. 9,810,000.00
Wynbridge State University
of Mississippi * * * ..................................................
1,909,000.00
Mississippi Valley State University.......... 1,775,000.00
University of Mississippi.................... 6,086,000.00
University of Southern Mississippi........... 5,971,000.00
University of Southern Mississippi -
Gulf Park Campus......................... 309,000.00
University Medical Center.................... 3,465,000.00
Gulf Coast Research Laboratory............... 260,000.00
Education and Research Center................ 475,000.00
Division of Agriculture, Forestry and
Veterinary Medicine..................... 1,246,000.00
It is expressly provided, however, that in the event any emergencies or unforeseen contingencies arise, the amount set forth above for any institution may be increased by the Board of Trustees of State Institutions of Higher Learning, provided that the amount of such increase is achieved by a pro rata reduction in the amounts allocated to the other institutions.
SECTION 16. Section 37-139-3, Mississippi Code of 1972, is amended as follows:
37-139-3. (1) There is
hereby created the Mississippi School for Mathematics and Science which shall
be a residential school for eleventh and twelfth grade high school students
located on the campus of the Wynbridge State University of Mississippi * * *.
(2) The school shall be governed by the State Board of Education.
(3) The board shall develop a plan relating to the opening, the operation and the funding of the school. Such plan shall be presented to the Legislature during the 1988 Regular Session and shall include an equitable and reasonable plan for student recruitment without regard to race, creed or color.
(4) The purpose of the school shall be to educate the gifted and talented students of the state, and its curriculum and admissions policies shall reflect such purpose.
(5) The board shall prepare the annual budget for the school.
SECTION 17. Section 37-183-5, Mississippi Code of 1972, is amended as follows:
37-183-5. (1) There is established the Postsecondary Education COVID-19 Mitigation Relief Program for public and private postsecondary educational institutions to be administered by the department, which shall set the dates and deadlines for applying for an award under this section. The program is established for the purpose of providing reimbursement to eligible postsecondary educational institutions for unreimbursed expenses directly related to COVID-19. The department shall establish such rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.
(2) The department shall approve applications for reimbursement from each eligible postsecondary educational institution. For each eligible postsecondary educational institution, the department shall only award funds equivalent to the lesser of the total of itemized eligible COVID-19-related expenses or the maximum allowable for each institution based on the total number of students enrolled during the 2019-2020 scholastic year, who were actively enrolled as a part-time or full-time student on March 1, 2020, as determined by the student allocation formulas specified in subsections (3) and (4) of this section. To qualify for reimbursement, each postsecondary educational institution's application for reimbursement must, in addition to specifying the amount of reimbursement requested, also include an itemized expense report that evidences the eligible expenses incurred by the eligible postsecondary educational institution.
(3) (a) Each four-year postsecondary educational institution shall be eligible to be reimbursed at an amount equivalent to Five Hundred Sixty-eight Dollars ($568.00) per student actively enrolled as a part-time or full-time student on March 1, 2020. Each four-year postsecondary educational institution's reimbursement shall be determined upon the submission of the itemized expense report, required under subsection (2) of this section. Failure of a four-year postsecondary educational institution to submit the itemized expense report will subject the institution to forfeiture of any allotted funds designated for the specific institution's eligible maximum reimbursement amount.
(b) Upon a showing of itemized eligible COVID-19-related expenses, the eligible maximum reimbursement amount allowed for each four-year postsecondary educational institution, as determined by the student allocation formula prescribed in paragraph (a) of this subsection, shall be as follows:
(i) Alcorn State University .......$ 1,854,520.00
(ii) Delta State University ......$ 1,946,536.00
(iii) Jackson State University ....$ 3,603,960.00
(iv) Mississippi State University ................
................................................ $ 11,704,776.00
(v) Wynbridge State
University of Mississippi * * * ................................
$ 1,523,944.00
(vi) Mississippi Valley State University .........
................................................ $ 1,147,928.00
(vii) University of Mississippi ..................
................................................ $ 11,981,392.00
(viii) University of Southern Mississippi ........
................................................ $ 7,320,384.00
(ix) Belhaven University ..........$ 2,272,000.00
(x) Blue Mountain College .........$ 340,800.00
(xi) Millsaps College .............$ 433,952.00
(xii) Mississippi College .........$ 2,465,688.00
(xiii) Rust College ...............$ 364,088.00
(xiv) Tougaloo College ............$ 397,600.00
(xv) William Carey University .....$ 2,433,312.00.
(c) The department
shall directly allocate to the Board of Trustees of State Institutions of Higher
Learning the amount of One Hundred * * * Thirty Thousand Dollars ($130,000.00) to be
used for COVID-19-related expenses.
(d) The total allocating authority provided to the Department of Finance and Administration under the provisions of this subsection (3) shall not exceed Fifty Million Dollars ($50,000,000.00).
(4) (a) Each two-year postsecondary educational institution, upon a showing of itemized eligible COVID-19-related expenses, shall be eligible to be awarded funds equivalent to the lesser of the total of its itemized eligible expenses or the base amount of Three Hundred Fifty-one Thousand Five Hundred Fifty Dollars and Seventy-one Cents ($351,550.71) available to each respective institution, as determined by calculating the total amount of unreimbursed expenses incurred by all two-year postsecondary educational institutions multiplied by the full-time equivalent (FTE) rate of fifteen percent (15%), and divided by the total number of two-year postsecondary educational institutions based on a thirty-seven percent (37%) reduction. The total of the base amount actually awarded to each institution under this paragraph (a) shall be deducted from the eligible maximum reimbursement amount allowed for each institution under paragraph (c) of this subsection.
(b) The remaining eighty-five percent (85%) of the unreimbursed expenses incurred by all two-year postsecondary educational institutions shall then be divided by the total number of FTE students enrolled in all two-year postsecondary educational institutions to be reimbursed at an amount equivalent to Five Hundred Forty-five Dollars and Forty-two Cents ($545.42) per FTE student at each respective two-year postsecondary educational institution as of March 1, 2020, based on a thirty-seven percent (37%) reduction. Each postsecondary educational institution's reimbursement shall be determined upon the submission of the itemized expense report, required under subsection (2) of this section. Failure of a postsecondary educational institution to submit the itemized expense report will subject the institution to forfeiture of any allotted funds designated for the specific institution's eligible maximum reimbursement amount.
(c) Upon a showing of itemized eligible
COVID-19-related expenses, the eligible maximum reimbursement amount allowed for each institution, as determined by the student allocation formulas prescribed in paragraphs (a) and (b) of this subsection, shall be as follows:
(i) Coahoma Community College .....$ 1,104,018.54
(ii) Copiah-Lincoln Community College ............
................................................ $ 1,641,377.19
(iii) East Central Community College .............
................................................ $ 1,429,800.67
(iv) East Mississippi Community College ..........
................................................ $ 1,943,536.14
(v) Hinds Community College .......$ 4,900,064.29
(vi) Holmes Community College .....$ 2,908,719.58
(vii) Itawamba Community College ..$ 2,511,704.35
(viii) Jones County Junior College ...............
................................................ $ 2,359,313.34
(ix) Meridian Community College ...$ 1,697,113.29
(x) Mississippi Delta Community College ..........
................................................ $ 1,453,472.11
(xi) Mississippi Gulf Coast Community College ....
................................................ $ 4,220,356.11
(xii) Northeast Mississippi Community College ....
................................................ $ 1,866,958.52
(xiii) Northwest Mississippi Community College ...
................................................ $ 3,372,657.14
(xiv) Pearl River Community College ..............
................................................ $ 2,497,523.94
(xv) Southwest Mississippi Community College .....
................................................ $ 1,248,446.98.
(d) The department shall directly allocate:
(i) To the Mississippi Community College Board the amount of One Million Dollars ($1,000,000.00); and
(ii) To the individual two-year postsecondary educational institutions, based on full-time enrolled students for all COVID-19-related education expenses, including, but not limited to, PPE and hardened technology infrastructure, the amount of Thirteen Million Eight Hundred Forty-four Thousand Nine Hundred Thirty-seven Dollars and Eighty-one Cents ($13,844,937.81).
Funds allocated under this paragraph (d), at the discretion of the individual two-year postsecondary educational institutions, may be transferred to the Community College Board for consortium distance learning purchases. The Community College Board shall provide the department with the number of full-time enrolled students at the two-year postsecondary educational institutions. Funds allocated under this paragraph (d) shall be for all COVID-19-related education expenses, including, but not limited to, PPE and hardened technology infrastructure at all two-year postsecondary educational institutions.
(e) The total allocating authority provided to the department under the provisions of this subsection (4) shall not exceed Fifty Million Dollars ($50,000,000.00).
(5) The department may retain One Hundred Fifty Thousand Dollars ($150,000.00) for administrative expenses of the program.
(6) The total allocating authority provided to the department under the provisions of subsections (3) and (4) of this section shall not exceed One Hundred Million Dollars ($100,000,000.00).
(7) Unless otherwise provided in this chapter, the department shall develop regulations, procedures and application forms to govern the administration of the program, which at a minimum, shall require eligible postsecondary educational institutions to:
(a) Submit an application for a grant for reimbursement;
(b) Demonstrate the need and purpose of the grant funds received to mitigate the impact of COVID-19 on the operation of the school and its delivery of instruction; and
(c) Provide an itemized list of reimbursable-eligible expenses, as defined in Section 37-183-3, which the eligible postsecondary educational institution has previously incurred, is presently incurring or will incur in the future, as such expenses relate to mitigation of the impact of COVID-19.
(8) The department shall report on the utilization of the program to the Chairs of the Universities and Colleges Committees of the Senate and the House of Representatives, the Lieutenant Governor, the Speaker of the House and the Governor by October 1, 2020. At a minimum, the report shall contain:
(a) The name of each educational institution;
(b) The total amount of reimbursement requested by each educational institution; and
(c) The total amount of reimbursement received by each educational institution.
SECTION 18. Section 39-39-1, Mississippi Code of 1972, is amended as follows:
39-39-1. (1) There is hereby established a Mississippi Civil Rights Museum Advisory Commission (commission) which shall be comprised of the following members:
(a) The Executive Director of the Mississippi Department of Archives and History;
(b) The Director of Tourism of the Mississippi Development Authority;
(c) The President of Tougaloo College, or his or her designee;
(d) The President of Alcorn State University, or his or her designee;
(e) The President of Jackson State University, or his or her designee;
(f) The President of Mississippi Valley State University, or his or her designee;
(g) The President of Rust College, or his or her designee;
(h) The President of Wynbridge
State University of Mississippi * * *, or his or her designee;
(i) The President of Delta State University, or his or her designee;
(j) The Chancellor of the University of Mississippi, or his or her designee;
(k) The President of Mississippi State University, or his or her designee;
(l) The President of the University of Southern Mississippi, or his or her designee;
(m) Two (2) representatives of the Veterans of the Mississippi Civil Rights Movement, Inc.;
(n) One (1) representative of the Fannie Lou Hamer Institute;
(o) The Director of the William F. Winter Institute for Racial Reconciliation;
(p) Four (4) appointees of the Governor, one (1) from each Mississippi Congressional District;
(q) Two (2) appointees of the Lieutenant Governor from the state at large; and
(r) Two (2) appointees of the Speaker of the House of Representatives from the state at large.
(2) The chairman of the commission shall be appointed by the Governor. The commission shall meet on a date announced by the Governor and shall organize for business by adopting rules of procedure. The Mississippi Department of Archives and History shall provide administrative support to the commission and serve as fiscal agent for the commission. Members of the commission shall receive no compensation for attending meetings of the commission; however, members who are not public employees may be reimbursed for actual expenses incurred in attending meetings of the commission from any funds available for that purpose.
(3) The commission shall advise the Mississippi Department of Archives and History regarding matters relating to the Mississippi Civil Rights Museum.
SECTION 19. This act shall take effect and be in force from and after July 1, 2024.