Bill Text: MS HB1331 | 2011 | Regular Session | Introduced
Bill Title: Sixteenth section lands; grant Secretary of State authority to manage in certain district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB1331 Detail]
Download: Mississippi-2011-HB1331-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Education
By: Representative Holloway
House Bill 1331
AN ACT TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 29-3-2.1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE TO ASSUME THE MANAGEMENT AND CONTROL OF SIXTEENTH SECTION LANDS SITUATED IN A SCHOOL DISTRICT DECLARED TO BE UNDER A STATE OF EMERGENCY, AND TO AUTHORIZE A LOCAL SCHOOL BOARD TO VOLUNTARILY DIVEST ITSELF OF THE POWER TO MANAGE SIXTEENTH SECTION LANDS BY SURRENDERING ITS AUTHORITY OVER THOSE LANDS TO THE SECRETARY OF STATE; TO AMEND SECTION 29-3-1.1, MISSISSIPPI CODE OF 1972, TO INCLUDE THE SECRETARY OF STATE IN THE DEFINITION OF THE TERMS "BOARD OF EDUCATION" AND "SUPERINTENDENT OF EDUCATION," AS USED UNDER THE LAWS RELATING TO SIXTEENTH SECTION LANDS, IF THE AUTHORITY TO MANAGE THE SIXTEENTH SECTION LANDS IN A SCHOOL DISTRICT IS VESTED IN THE SECRETARY OF STATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 29-3-2.1, Mississippi Code of 1972:
29-3-2.1. (1) If a state of emergency is declared in a school district under Section 37-17-6, the board of education automatically is divested of all authority and power to manage the sixteenth section lands under its control and jurisdiction, including the management and sale of timber and other forest products. The divestiture must extend for the period during which the school district is under a state of emergency plus four (4) years from the date on which the Governor declares that the state of emergency no longer exists in the school district.
(2) At any time, the board of education, by order placed upon its minutes, voluntarily may divest itself of all authority and power to manage the sixteenth section lands under its control and jurisdiction, including the management and sale of timber and other forest products. The board shall file a copy of the order with the Secretary of State. A divestiture under this subsection may not be for a period of less than four (4) years, after which time the board of education may rescind the divestiture by subsequent order placed upon the minutes of board.
(3) During the time in which a local board of education is divested of authority and power to manage the sixteenth section lands under subsection (1) or (2) of this section, the Secretary of State, as trustee of sixteenth section lands, is vested with the power and authority to manage those sixteenth section lands and may exercise all powers and perform all duties established for the boards of education under this chapter and Section 37-7-301(aa) relating to easements over sixteenth section lands. Any lessee, assignee, designee or contractor with the Secretary of State may rely on representations by the Secretary of State regarding the secretary's authority to enter into contracts for the leasing of the sixteenth section lands or the management or sale of timber or other forest products, and reliance upon those representations by the Secretary of State may not be grounds for voiding any applicable contract.
(4) All monies derived from the sale of timber or other forest products or the leasing of sixteenth section lands under the management of the Secretary of State must be paid to the Secretary of State, who shall forward promptly those monies, along with instructions for the proper settlement, deposit and investment of the monies, to the school district in which the lands are situated. The local board of education must reimburse the Secretary of State for all direct costs and management costs relating to the leasing and management of sixteenth section lands and the sale of timber or other forest products, which direct costs may be deducted by the Secretary of State from the revenue generated from the sixteenth section lands. The Secretary of State shall furnish an itemized listing of all direct costs and allocated staff time that is charged to the local school district.
SECTION 2. Section 29-3-1.1, Mississippi Code of 1972, is amended as follows:
29-3-1.1. For purposes of this chapter, the following terms shall have the meaning ascribed in this section unless the context shall otherwise require.
(a) "Board of education" shall mean that school board of the school district in whose present jurisdiction (i) is situated a sixteenth section of land, or (ii) was originally situated a sixteenth section of land for which land has been granted in lieu thereof. * * * However, if a sixteenth section is situated within two (2) or more school districts, the term "board of education" shall mean that school board whose school district embraces the greatest land area within the township in which that sixteenth section is located. Whenever the authority and power to manage the sixteenth section lands in a school district is vested in the Secretary of State, as provided for under Section 29-3-2.1, the term "board of education" means the Secretary of State in all statutes under this chapter except Section 29-3-2.1.
(b) "Superintendent of education" shall mean that superintendent of schools of a school district whose board of education has control and jurisdiction over any sixteenth section lands or lands granted in lieu thereof. Whenever the authority and power to manage the sixteenth section lands in a school district is vested in the Secretary of State, as provided for under Section 29-3-2.1, the term "superintendent of education" means the Secretary of State.
SECTION 3. This act shall take effect and be in force from and after July 1, 2011.
