Bill Text: MS SB2796 | 2012 | Regular Session | Introduced
Bill Title: Public-university property; IHL Board to approve the purchase and sale of real property by MUW, USM, DSU, JSU and MVSU.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-06 - Died In Committee [SB2796 Detail]
Download: Mississippi-2012-SB2796-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Public Property
By: Senator(s) Polk
Senate Bill 2796
AN ACT TO CREATE NEW SECTIONS TO AUTHORIZE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO ACQUIRE AND SELL ANY REAL PROPERTY ON BEHALF OF MISSISSIPPI UNIVERSITY FOR WOMEN, THE UNIVERSITY OF SOUTHERN MISSISSIPPI, DELTA STATE UNIVERSITY, JACKSON STATE UNIVERSITY AND MISSISSIPPI VALLEY STATE UNIVERSITY; TO AMEND SECTIONS 37-117-1, 37-119-1, 37-123-1, 37-125-1 AND 37-127-1, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Board of Trustees of State Institutions of Higher Learning may acquire by purchase, gift, or otherwise, any real property required by and for the use of the Mississippi University for Women and such university is authorized to hold, use and operate such real property in conducting its authorized and necessary program of work. This section is designed to make it possible for the university and its subdivisions to acquire, hold and operate real property needed in its program of operations without the benefit of state funds specifically appropriated for the purchase of such properties. These properties shall be acquired or purchased on the recommendation of the president of the university and approved by the Board of Trustees of State Institutions of Higher Learning.
(2) The Board of Trustees of State Institutions of Higher Learning may sell any such real property purchased or otherwise acquired for the use of the Mississippi University for Women or its subdivisions when such property is not needed in the university's programs of operations. These properties shall be sold on the recommendation of the president of the university and approved by the Board of Trustees of State Institutions of Higher Learning. The proceeds from the sale of such properties may be used to purchase other real properties for the use of the university under the provisions of subsection (1) of this section, or may be retained by the university for its operations. Consideration for the sale of real property under this section shall not be less than the fair market price of the property as determined by a professional property appraiser selected and approved by the Department of Finance and Administration. The appraisal shall be filed with the Department of Finance and Administration at least thirty (30) days before the proposed sale of the property. Appraisal fees shall be shared equally by the university and the purchaser.
(3) When any property is sold by the Board of Trustees of State Institutions of Higher Learning under this section, the board shall retain for the State of Mississippi any mineral rights which the board or the university has in the land.
SECTION 2. Section 37-117-1, Mississippi Code of 1972, is amended as follows:
37-117-1. The institution 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 "Mississippi College for Women," 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 and sell all real estate and personal property conveyed or given to it for such purposes. However, the name "Mississippi State College for Women" is hereafter changed to "Mississippi University for Women," without interference with the rights, powers and prerogatives of said college which continue in all respects. Whenever the name "Mississippi College for Women" appears the same is construed to denote "Mississippi University for Women."
SECTION 3. (1) The Board of Trustees of State Institutions of Higher Learning may acquire by purchase, gift, or otherwise, any real property required by and for the use of the University of Southern Mississippi and the university is authorized to hold, use and operate the real property in conducting its authorized and necessary program of work. This section is designed to make it possible for the university and its subdivisions to acquire, hold and operate real property needed in its program of operations without the benefit of state funds specifically appropriated for the purchase of the properties. These properties shall be acquired or purchased on the recommendation of the president of the university and approved by the Board of Trustees of State Institutions of Higher Learning.
(2) The Board of Trustees of State Institutions of Higher Learning may sell any such real property purchased or otherwise acquired for the use of the University of Southern Mississippi or its subdivisions when the property is not needed in the university's programs of operations. These properties shall be sold on the recommendation of the president of the university and approved by the Board of Trustees of State Institutions of Higher Learning. The proceeds from the sale of the properties may be used to purchase other real properties for the use of the university under the provisions of subsection (1) of this section, or may be retained by the university for its operations. Consideration for the sale of real property under this section shall not be less than the fair market price of the property as determined by a professional property appraiser selected and approved by the Department of Finance and Administration. The appraisal shall be filed with the Department of Finance and Administration at least thirty (30) days before the proposed sale of the property. Appraisal fees shall be shared equally by the university and the purchaser.
(3) When any property is sold by the Board of Trustees of State Institutions of Higher Learning under this section, the board shall retain for the State of Mississippi any mineral rights which the board or the university has in the land.
SECTION 4. Section 37-119-1, Mississippi Code of 1972, is amended as follows:
37-119-1. The institution incorporated by an act of the legislature, approved March 30, 1910, and established in pursuance thereof, shall continue to exist as a body-politic and corporate by the name of University of Southern Mississippi, with all its property and franchises, rights, powers and privileges conferred on it by law, or properly incident to such body and necessary to accomplish the purpose of its creation; said university may receive and hold and sell all real estate and personal property conveyed or given it, and wherever the term of Mississippi Southern College appears in the laws of the State of Mississippi the same shall be construed to refer to the University of Southern Mississippi.
SECTION 5. (1) The Board of Trustees of State Institutions of Higher Learning may acquire by purchase, gift, or otherwise, any real property required by and for the use of the Delta State University and such university is authorized to hold, use and operate such real property in conducting its authorized and necessary program of work. This section is designed to make it possible for the university and its subdivisions to acquire, hold and operate real property needed in its program of operations without the benefit of state funds specifically appropriated for the purchase of such properties. These properties shall be acquired or purchased on the recommendation of the president of the university and approved by the Board of Trustees of State Institutions of Higher Learning.
(2) The Board of Trustees of State Institutions of Higher Learning may sell any such real property purchased or otherwise acquired for the use of the Delta State University or its subdivisions when such property is not needed in the university's programs of operations. These properties shall be sold on the recommendation of the president of the university and approved by the Board of Trustees of State Institutions of Higher Learning. The proceeds from the sale of such properties may be used to purchase other real properties for the use of the university under the provisions of subsection (1) of this section, or may be retained by the university for its operations. Consideration for the sale of real property under this section shall not be less than the fair market price of the property as determined by a professional property appraiser selected and approved by the Department of Finance and Administration. The appraisal shall be filed with the Department of Finance and Administration at least thirty (30) days before the proposed sale of the property. Appraisal fees shall be shared equally by the university and the purchaser.
(3) When any property is sold by the Board of Trustees of State Institutions of Higher Learning under this section, the board shall retain for the State of Mississippi any mineral rights which the board or the university has in the land.
SECTION 6. Section 37-123-1, Mississippi Code of 1972, is amended as follows:
37-123-1. The body politic and corporate created by Chapter 284, Laws of Mississippi 1924, by the name of "Delta State Teachers' College" is continued to have perpetual succession with power to contract and be contracted with; to receive by any legal method of transfer or conveyance, property of any description, to have, hold and employ and sell the same; to make and use a corporate seal, with power to change the same; to adopt bylaws, rules and regulations for the government of its members, official agents and employees. However, the name of said "Delta State Teachers' College" shall be hereafter changed to "Delta State University" without interference with the rights, powers and prerogatives of said college which shall continue in all respects.
Wherever the name "Delta State Teachers' College" or "Delta State College" appears, the same shall be construed to denote Delta State University.
SECTION 7. (1) The Board of Trustees of State Institutions of Higher Learning may acquire by purchase, gift, or otherwise, any real property required by and for the use of the Jackson State University and such university is authorized to hold, use and operate such real property in conducting its authorized and necessary program of work. This section is designed to make it possible for the university and its subdivisions to acquire, hold and operate real property needed in its program of operations without the benefit of state funds specifically appropriated for the purchase of such properties. These properties shall be acquired or purchased on the recommendation of the president of the university and approved by the Board of Trustees of State Institutions of Higher Learning.
(2) The Board of Trustees of State Institutions of Higher Learning may sell any such real property purchased or otherwise acquired for the use of the Jackson State University or its subdivisions when such property is not needed in the university's programs of operations. Such properties shall be sold on the recommendation of the president of the university and approved by the Board of Trustees of State Institutions of Higher Learning. The proceeds from the sale of such properties may be used to purchase other real properties for the use of the university under the provisions of subsection (1) of this section, or may be retained by the university for its operations. Consideration for the sale of real property under this section shall not be less than the fair market price of the property as determined by a professional property appraiser selected and approved by the Department of Finance and Administration. The appraisal shall be filed with the Department of Finance and Administration at least thirty (30) days before the proposed sale of the property. Appraisal fees shall be shared equally by the university and the purchaser.
(3) When any property is sold by the Board of Trustees of State Institutions of Higher Learning under this section, the board shall retain for the State of Mississippi any mineral rights which the board or the university has in the land.
SECTION 8. Section 37-125-1, Mississippi Code of 1972, is amended as follows:
37-125-1. A body politic and corporate is hereby created by the name of the "Jackson State College" to have perpetual succession, with power to contract and be contracted with, to receive by any legal method of transfer or conveyance, property of any description, to have, hold and employ and sell the same, to make and use a corporate seal, with power to break or change the same, and to adopt bylaws, rules, and regulations for the government of its members, official agents, and employees. However, the name of said "Jackson State College" is hereafter changed to "Jackson State University," without interference with the rights, powers and prerogatives of said college which continue in all respects. Whenever the name "Jackson State College" appears, the same is construed to denote "Jackson State University."
SECTION 9. (1) The Board of Trustees of State Institutions of Higher Learning may acquire by purchase, gift, or otherwise, any real property required by and for the use of the Mississippi Valley State University and such university is authorized to hold, use and operate such real property in conducting its authorized and necessary program of work. This section is designed to make it possible for the university and its subdivisions to acquire, hold and operate real property needed in its program of operations without the benefit of state funds specifically appropriated for the purchase of such properties. These properties shall be acquired or purchased on the recommendation of the president of the university and approved by the Board of Trustees of State Institutions of Higher Learning.
(2) The Board of Trustees of State Institutions of Higher Learning may sell any such real property purchased or otherwise acquired for the use of the Mississippi Valley State University or its subdivisions when such property is not needed in the university's programs of operations. These properties shall be sold on the recommendation of the president of the university and approved by the Board of Trustees of State Institutions of Higher Learning. The proceeds from the sale of such properties may be used to purchase other real properties for the use of the university under the provisions of subsection (1) of this section, or may be retained by the university for its operations. Consideration for the sale of real property under this section shall not be less than the fair market price of the property as determined by a professional property appraiser selected and approved by the Department of Finance and Administration. The appraisal shall be filed with the Department of Finance and Administration at least thirty (30) days before the proposed sale of the property. Appraisal fees shall be shared equally by the university and the purchaser.
(3) When any property is sold by the Board of Trustees of State Institutions of Higher Learning under this section, the board shall retain for the State of Mississippi any mineral rights which the board or the university has in the land.
SECTION 10. Section 37-127-1, Mississippi Code of 1972, is amended as follows:
37-127-1. A body politic and corporate is hereby created by the name of the "Mississippi Valley State College" to have perpetual succession, with power to contract and be contracted with, to receive by any legal method of transfer or conveyance, property of any description, to have, hold, employ and sell the same, to make and use a corporate seal, with power to break or change the same, and to adopt bylaws, rules and regulations for the government of its members, official agents, and employees. However, the name of said "Mississippi Valley State College" is hereafter changed to "Mississippi Valley State University," without interference with the rights, powers and prerogatives of said college which continue in all respects. Whenever the name "Mississippi Valley State College" appears, the same is construed to denote "Mississippi Valley State University."
SECTION 11. This act shall take effect and be in force from and after its passage.
