Mississippi Code, Volume 10A

2007·54.9 MB·English

by  State of Mississippi

CODE
ISSISSIPPI 1972
i
Annotated
EduG&tion
(§ 37-37-1 td^
§ 37-l^l 7
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Libraries, Arts, Archives
;
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n^«j 37 39
Titles to
TABLE OF CONTENTS
VOLUME 10A
TITLE 37
EDUCATION
CHAP. BEGINNING
SECTION
37. Public Schools; Accounting and Auditing 37-37-1
39. Public Schools; Purchases 37-39-1
41 Transportation of Pupils 37-41-1
.
43. Textbooks 37-43-1
45. State Aid to Public Schools 37-45-1
47. State Aid to Construction of School Facilities 37-47-1
49. Loans to Students 37-49-1
51. Financial Assistance to Children Attending
Nonsectarian Private Schools 37-51-1
53. Summer Normals 37-53-1
55. School Libraries 37-55-1
57. Taxation 37-57-1
59. School Bonds and Obligations 37-59-1
61 Expenditure of School Funds, Budgets 37-61-1
.
63. Educational Television 37-63-1
65. Closing of Public Schools and Institutions of Higher
Learning 37-65-1
101. Institutions of Higher Learning; General Provisions. 37-101-1
. . .
102. Off-Campus Instructional Programs 37-102-1
103. Residency and Fees of Students Attending or Applying
for Admission to Educational Institutions 37-103-1
104. Mississippi Educational Facilities Authority Act for
Private Nonprofit Institutions of Higher Learning 37-104-1
105. Campuses and Streets of State Institutions of Higher
Learning 37-105-1
106. Post-Secondary Education Financial Assistance 37-106-1
107. Scholarships for Children of Deceased or Disabled
Law Enforcement Officers or Firemen 37-107-1
108. Scholarships for Children of Prisoners of War or Men
Missing in Action 37-108-1
109. Medical Educational Loans and Scholarships [Repealed] 37-109-1
110. Mississippi Public Management Graduate Intern
Program 37-110-1
111. Fraternities, Sororities and Other Societies 37-1 11-1
113. Mississippi State University of Agriculture and Applied
Science 37-113-1
115. University of Mississippi 37-115-1
.
CHAP BEGINNING
SECTION
117. Mississippi University for Women 37-117-1
119. University of Southern Mississippi 37-119-1
121. Alcorn State University 37-121-1
123. Delta State University 37-123-1
125. Jackson State University 37-125-1
.m
127. Mississippi Valley State University ." 37-127-1
129. Nursing Schools and Scholarships 37-129-1
131 Teachers Demonstration and Practice Schools 37-131-1
132. Student Teachers 37-132-1
133. Technical Institutes 37-133-1
135. Compacts With Other States 37-135-1
137. School Asbestos Hazard Elimination Act [Repealed]. 37-137-1
. .
138. Asbestos Abatement Accreditation and Certification
Act 37-138-1
139. Mississippi School for Mathematics and Science 37-139-1
140. Mississippi School of the Arts 37-140-1
141. The University Research Center Act of 1988 37-141-1
143. Omnibus Loan or Scholarship Act of 1991 37-143-1
144. Mississippi Rural Physicians Scholarships Programs .. 37-144-1
145. Mississippi Opportunity Loan Program Act 37-145-1
147. Mississippi University Research Authority Act 37-147-1
149. Mississippi Teacher Center 37-149-1
151. Mississippi Accountability and Adequate Education
Program Act of 1997 37-151-1
153. Work Force and Education Act of 1994 37-153-1
155. College Savings Plans of Mississippi 37-155-1
157. Student Tuition Assistance 37-157-1
159. Mississippi Critical Teacher Shortage Act 37-159-1
161 Mississippi Education Reform Act of 2006 37-161-1
.
TITLE 39
LIBRARIES, ARTS, ARCHIVES AND HISTORY
I. State Law Library; Legislative Reference Bureau .... 39-1-1
3. Libraries and Library Commission 39-3-1
5. Archives and History 39-5-1
7. Antiquities 39-7-1
9. Trust to Promote Arts and Sciences 39-9-1
II. Mississippi Arts Commission 39-11-1
13. Historic Preservation Districts and Landmarks 39-13-1
15. Municipal and County Funds to Support the Arts .... 39-15-1
17. Mississippi Sports Hall of Fame and Dizzy Dean
Museum 39-17-1
19. Museum Unclaimed Property Act 39-19-1
21. Mississippi Craft Center 39-21-1
23. Mississippi Children's Museum 39-23-1
25. Southern Arts and Entertainment Center 39-25-1
27. Mississippi Blues Commission 39-27-1
29. Mississippi Commission on the Holocaust 39-29-1
Digitized by the Internet Archive
2013
in
http://archive.org/details/govlawmscode197210a
CODE
MISSISSIPPI
1972
ANNOTATED
ADOPTEDAS THE OFFICIALCODE OFTHE
STATE OFMISSISSIPPI
BYTHE
1972 SESSION OFTHE LEGISLATURE
VOLUME TEN A
EDUCATION;
LIBRARIES, ARTS, ARCHIVES
AND HISTORY
§§ 37-37-1 to 39-29-1
CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI
TO THE END OF THE 2007 REGULAR LEGISLATIVE SESSION
AND 1ST EXTRAORDINARY SESSION
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PREFACE
The Mississippi Code of 1972, which became effective on November 1,
1973, is the culmination of nearly four years of effort on the part of the
Legislature, the Attorney General's office and the publishers, which brings
together provisions ofgeneral statutory law having a common subject matter
into a more orderly and logical framework of code titles and chapters, and
employing a modern and effective section numbering system. A major by-
product ofthe code revision will be the state-owned magnetic computer tape
containingthe Mississippi Code of1972, whichwill be ofinvaluable assistance
to the Legislature and to the state.
The enabling act for the code was a recommendation of the Mississippi
State Bar,whichresultedinthe consideration andpassage ofSenate Bill 1964,
Chapter 465, Laws of 1970, signed into law by Governor John Bell Williams.
The Code Committee provided for in that act was comprised of A. F.
Summer,Attorney General, Heber Ladner, Secretary ofState, Representative
Edgar J. Stephens, Jr., Chairman, HouseAppropriations Committee, Senator
William G. Burgin, Jr., Chairman, Senate Appropriations Committee, Repre-
sentative H. L. Meredith, Jr., Chairman, House Judiciary "A"andJudiciary en
banc Committees, Senator E. K. Collins, Chairman, Senate Judiciary "A" and
Judiciary en banc Committees, Representative Ney McKinley Gore, Jr.,
Chairman, HouseJudiciary"B"Committee, and SenatorWilliamE.Alexander,
Chairman, Senate Judiciary "B" Committee. In 1972, Representative Marby
Robert Penton and Senator Herman B. Decell, Chairman ofHouse and Senate
Judiciary "B" Committees, respectively, became members of the Committee,
replacingRepresentative Gore and Senator Collins, SenatorAlexanderhaving
been appointed Chairman of Senate Judiciary "A" and Judiciary en banc
Committees. The DeputyAttorney General, Delos H. Burks, served the Code
Committee as Secretary. SpecialAssistantAttorneyGeneralFredJ. Lotterhos,
under the supervision of the Attorney General, was assigned the principal
responsibility for the supervision ofthe recodification, including the consider-
ation and treatment ofsome 16,000 sections ofcode manuscript.
Final legislative approval was given to the Mississippi Code of 1972 by
passage of Senate Bill 2034, Laws of 1972, which was signed by Governor
William L. Waller onApril 26, 1972. Acopy ofthat act is set out in Volume 1,
following the Publisher's Foreword.
The Code Committee is of the opinion that the recodification has been
thoroughly and well accomplished, and will result in a greatly improved
repository ofthe general statutory law ofthe state.
A. F. Summer
Attorney General
in

PUBLISHER'S FOREWORD
This 2007 Replacement Volume 10A of the Mississippi Code of 1972
Annotated, along with the newly recompiled 2007 Replacement Volume 10,
represents material appearing in the original 1973 Volume 10 and the 1996
Replacement Volume 10, and the 2001 Replacement Volume 10A, as well as
reflecting amendments, repeals, and new Code provisions enacted by the
Mississippi Legislature through the 2007 Regular and 1st Extraordinary
Legislative Sessions.
This volume contains the text ofTitle 37, Chapters 37 through 159, and
the full text ofTitle 39, ofthe Mississippi Code of1972Annotated, as amended
through the 2007 Regular and 1st Extraordinary Legislative Sessions.
Case annotations are included based on decisions ofthe State and federal
courts in cases arising in Mississippi. Many ofthese cases were decided under
the former statutes in effect prior to the enactment ofthe Code of1972. These
earlier cases have been moved to pertinent sections of the Code where they
may be useful in interpreting the current statutes. Annotations to collateral
research references are also included.
To better serve our customers by making our annotations more current,
LexisNexishas changedthe sourcesthatarereadtocreate annotationsforthis
publication. Rather than waiting for cases to appear in printed reporters, we
now read court decisions as they are released by the courts. Aconsequence of
this more current reading ofcases, as they are posted online on LexisNexis, is
thatthemostrecentcases annotated maynotyethaveprintreportercitations.
These will be provided, as they become available, through later publications.
This publication, contains annotations taken from decisions ofthe Missis-
sippi Supreme Court and the Court ofAppeals with decision dates up to June
7, 2007, and decisions ofthe appropriate federal courts with decision dates up
to April 24, 2007. These cases will be printed in the following reporters:
Southern Reporter, 2nd Series
United States Supreme Court Reports
Supreme Court Reporter
United States Supreme Court Reports, Lawyers' Edition, 2nd Series
Federal Reporter, 3rd Series
Federal Supplement, 2nd Series
Federal Rules Decisions
Bankruptcy Reporter
Additionally, annotations have been taken from the following sources:
American Law Reports, 6th Series:
American Law Reports, Federal Series:
Mississippi College Law Review:
Mississippi Law Journal:
Finally, published Opinions of the Attorney General and opinions of the
Ethics Commission have been examined for annotations.
Publisher's Foreword
A comprehensive Index appears at the end ofthis volume.
Visit the LexisNexis website at http://www.lexisnexis.com for an online
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For further information or assistance, please call us toll-free at (800)
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August 2007 LexisNexis
VI