MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Universities and Colleges

By: Senator(s) Polk

Senate Bill 2726

AN ACT TO CREATE NEW SECTION 37-101-450, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING SHALL CHOOSE THREE OF THE STATE INSTITUTIONS OF HIGHER LEARNING TO CLOSE BY JUNE 30, 2028; TO REQUIRE THE BOARD TO ANNOUNCE ITS DECISION BY JUNE 30, 2025; TO REQUIRE THE BOARD TO PROMULGATE FACTORS TO BE CONSIDERED IN ITS DECISION, INCLUDING ENROLLMENT DATA, DEGREES OFFERED, ECONOMIC IMPACT, AND ANY ADDITIONAL PURPOSES THAT THE INSTITUTION CURRENTLY SERVES TO THE STATE AND ITS CITIZENS, INCLUDING PROVIDING MEDICAL SERVICES, AGRICULTURE RESEARCH OR ENGINEERING RESEARCH OR SERVICES; TO REQUIRE THE BOARD TO HOST ONE LISTENING SESSION AT THE CAMPUS OF EACH INSTITUTION BEFORE ANNOUNCING ITS DECISION; TO PROVIDE THAT FOR EACH STATE INSTITUTION THAT THE BOARD CLOSES, SUCH INSTITUTION'S REAL PROPERTY, TOGETHER WITH THE BUILDINGS AND OTHER IMPROVEMENTS ERECTED THEREON, ALONG WITH ITS ASSETS AND FUNDS MAY BE TRANSFERRED OR CONVEYED TO ANOTHER STATE AGENCY OR POLITICAL SUBDIVISION OR SOLD TO A NONPROFIT ENTITY; TO PROVIDE THAT ANY UNIVERSITY RESEARCH INSTITUTE OR LABORATORY ESTABLISHED WITHIN TITLES 37, 49 OR 57 THAT IS LOCATED AT AN INSTITUTION THAT IS CLOSED IN ACCORDANCE WITH THIS ACT MAY BE REESTABLISHED WITHIN ANOTHER INSTITUTION OF HIGHER LEARNING AS DECIDED BY THE BOARD OF TRUSTEES OF THE INSTITUTION OF HIGHER LEARNING; TO PROVIDE THE APPLICABLE CODE SECTIONS THAT WILL BE REPEALED FOR EACH INSTITUTION IF THE INSTITUTION IS CHOSEN BY THE BOARD TO BE CLOSED; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The following shall be codified as Section 37-101-450, Mississippi Code of 1972:

     37-101-450.  (1)  The Board of Trustees of State Institutions of Higher Learning shall choose three (3) of the state institutions of higher learning from those institutions currently under its management as provided in Section 37-101-1 to close by June 30, 2028.  By June 30, 2025, the board shall announce which institutions shall be closed.

     (2)  The board shall promulgate factors to be considered in its decision, including, but not limited to, the following:

          (a)  Enrollment data and degree attainment percentage;

          (b)  Federal aid, including grants provided for scholarship and research;

          (c)  Tuition rates and scholarship endowments;

          (d)  Degrees offered, including graduate degrees and doctorate degrees, or other professional degrees;

          (e)  An institution's economic impact on the local community, region and state;

          (f)  Any additional purposes that the institution currently serves to the state and its citizens, including providing medical services, agriculture research, or engineering research or services; and

          (g)  Any other special factors that the board believes the institution offers that cannot be easily replaced or replicated.

     (3)  The Board of Trustees of State Institutions of Higher Learning shall host one (1) listening session at the campus of each institution before announcing its decision.

     (4)  For each state institution that the Board of Trustees of State Institutions of Higher Learning closes, such institution's real property, together with the buildings and other improvements erected thereon, along with its assets and funds may be transferred or conveyed to another state agency or political subdivision or sold to a nonprofit entity; provided, however, that if any real property or assets are sold, such sale shall be held in accordance with state bidding law.

     (5)  Any university research institute or laboratory  established within Titles 37, 49 or 57 that is located at an institution that is closed in accordance with this act may be reestablished within another institution of higher learning as decided by the board of trustees of the institution of higher learning.

     (6)  If the Board of Trustees of State Institutions of Higher Learning chooses to close the University of Mississippi, the following sections shall stand repealed on June 30, 2028:

          (a)  Sections 1-1-60, 1-5-17, 7-3-19 and 25-65-7(a)(xi) through (xii) which provide for certain reports and copies of the Mississippi code to be provided to the law school of the university and administration of the university by the board;

          (b)  Sections 37-101-1(a), 37-101-4 and 37-106-63, which provide for financial assistance and administration of the university by the board;

          (c)  Sections 37-115-1, 37-115-3, 37-115-5, 37-115-21, 37-115-23, 37-115-25, 37-115-27, 37-115-29, 37-115-31, 37-115-33, 37-115-35, 37-115-41, 37-115-43, 37-115-45, 37-115-47, 37-115-48, 37-115-49, 37-115-50, 37-115-50.1, 37-115-50.2, 37-115-50.3 and 37-115-51, which provide for the organization of the university, school of medicine, medical center and nursing school;

          (d)  Sections 37-115-61, 37-115-63, 37-115-65, 37-115-67, 37-115-69, 37-115-71, 37-115-73 and 37-115-75, which provide for the local governmental issuance of bonds for the benefit of the university;

          (e)  Sections 37-115-101, 37-115-103, 37-115-105, 37-115-107, 37-115-109, 37-115-111, 37-115-121 and 37-115-131, which provide for the School of Dentistry, School of Law, and Declaration of Independence Center; and

          (f)  Sections 37-129-3, 37-144-1, 37-144-3, 37-144-5, 37-144-7, 37-144-9, 37-144-11, 37-144-13, 37-144-15, 37-144-17, 37-144-19, 37-144-21, 37-146-1, 37-146-3, 37-146-5, 37-146-7, 37-146-9, 37-146-11, 37-146-13, 37-146-17, 37-146-19 and 37-146-21, which provide for the School of Nursing, Rural Physician Scholarship Program and Rural Dentists Scholarship Program through the university.

     (7)  If the Board of Trustees of State Institutions of Higher Learning chooses to close Mississippi State University, the following sections shall stand repealed on June 30, 2028:

          (a)  Sections 25-65-7(a)(iv) through (viii), 37-101-1(b) and 37-102-15(2), which provide for financial assistance and administration of the university by the board; and

          (b)  Sections 37-113-1, 37-113-3, 37-113-5, 37-113-6, 37-113-7, 37-113-9, 37-113-11, 37-113-13, 37-113-15, 37-113-17, 37-113-19, 37-113-20, 37-113-21, 37-113-22, 37-113-23, 37-113-25, 37-113-27, 37-113-28, 37-113-35, 37-113-39, 37-113-41, 37-113-43, 37-113-45, 37-113-47, 37-113-48, 37-113-49, 37-113-50, 37-113-51, 37-113-53 and 37-113-61, which provide for the university, its administration and property, its branch experiment station system, the College of Veterinary Medicine and the local governmental issuance of bonds for the benefit of the university.

     (8)  If the Board of Trustees of State Institutions of Higher Learning chooses to close Mississippi Valley State University, the following sections shall stand repealed on June 30, 2028:

     Sections 37-127-1, 37-127-3, 37-127-5, 37-127-7, 37-101-1(h) and 25-65-7(a)(x), which provide for the financial assistance, purpose and administration of the university by the board.

     (9)  If the Board of Trustees of State Institutions of Higher Learning chooses to close Alcorn State University, the following sections shall stand repealed on June 30, 2028:

     Sections 37-121-1, 37-121-3, 37-121-5, 37-121-7, 37-121-9, 37-121-11, 37-121-13, 37-121-15, 37-121-17, 37-121-19, 57-61-43, 37-101-1(f) and 25-65-7(a)(i) which provide for the financial assistance, purpose and administration of the university by the board, the baseball field and stadium, basketball court, experimental station branch, tax liability, vegetable processing facility and dining facility, and the administration of the university by the board.

     (10)  If the Board of Trustees of State Institutions of Higher Learning chooses to close Jackson State University, the following sections shall stand repealed on June 30, 2028:

     Sections 37-125-1, 37-125-3, 37-125-5, 37-125-7, 25-65-7(iii) and 37-101-1(g), which provide for creation, purposes, situs and head of university and administration of the university by the board.

     (11)  If the Board of Trustees of State Institutions of Higher Learning chooses to close Mississippi University for Women, the following sections shall stand repealed on June 30, 2028:

     Sections 25-65-7(ix), 37-101-1(c), 37-117-1, 37-117-3, 37-117-5, 37-117-7, 37-117-9 and 37-117-11, which provide for the purpose and direction of the university, apportionment by county and organization of the university and the administration of the university by the board.

     (12)  If the Board of Trustees of State Institutions of Higher Learning chooses to close Delta State University, the following sections shall stand repealed on June 30, 2028:

     Sections 37-123-1, 37-123-3, 37-123-5, 37-101-1(e) and 25-65-7(a)(ii), which provide for the organization of the university, eligibility for admission, purpose and administration of the university by the board.

     (13)  If the Board of Trustees of State Institutions of Higher Learning chooses to close the University of Southern Mississippi, the following sections shall stand repealed on June 30, 2028:

     Sections 37-119-1, 37-119-3, 37-119-5, 37-119-7, 37-119-9, 37-102-7, 37-101-1(d) and 25-65-7(a)(xiii), which provide for the purpose and organization of the university, eligibility for admission, certain bond authority, various educational funds and administration of the university by the board.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2024.