MISSISSIPPI LEGISLATURE
1997 Regular Session
To: Appropriations
By: Senator(s) Hall, Burton, Jordan (18th), Dearing, Farris, Gordon, Posey, Simmons, Turner
Senate Bill 3136
AN ACT MAKING AN APPROPRIATION TO THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING FOR SUPPORT OF THE EIGHT UNIVERSITIES AND THE DESIGNATED INSTITUTES, LABORATORIES AND PROGRAMS FOR WHICH THEY ARE RESPONSIBLE AND THE EXECUTIVE OFFICE OF THE BOARD OF TRUSTEES FOR FISCAL YEAR 1998; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sums of money, or so much thereof as may be necessary, are hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the Board of Trustees of State Institutions of Higher Learning for the purpose of support, maintenance, affirmative action plan, interest funds and repairs at the state-supported institutions of higher learning; for support of Mississippi State University, Mississippi State Chemical Laboratory, Water Resources Institute, The University of Mississippi, Mississippi Law Research Institute, Teacher Corps, Jackson State University Urban Research Center, Mississippi Mineral Resources Research Institute, Research Institute of Pharmaceutical Sciences, the Supercomputer, the Stennis Institute of Government, Mississippi University for Women, University of Southern Mississippi, Gulf Coast Research Laboratory, Polymer Institute, Small Business Development Center, Stennis Center for Higher Learning, Delta State University, Alcorn State University, Jackson State University, Mississippi Valley State University, the Commission for Volunteer Services and the executive office of the board of trustees for the fiscal year beginning July 1, 1997, and ending June 30, 1998
$ 253,105,840.00.
SECTION 2. The following sums of money, or so much thereof as may be necessary, are hereby appropriated out of the proceeds from any federal, student fees or other special source funds not otherwise appropriated, to the Board of Trustees of State Institutions of Higher Learning for the purpose of support of Mississippi State University, Mississippi State Chemical Laboratory, Water Resources Institute, Mississippi Alcohol Safety Education Program, The University of Mississippi, Mississippi Law Research Institute, Mississippi Small Business Development Center, Mississippi Mineral Resources Research Institute, Research Institute of Pharmaceutical Sciences, the Supercomputer, Mississippi University for Women, University of Southern Mississippi, Stennis Space Center's Center for Higher Learning, Gulf Coast Research Laboratory, Polymer Institute, Delta State University, Alcorn State University, Jackson State University, Jackson State University Urban Research Center, Mississippi Valley State University, the Commission for Volunteer Services and the executive office of the board of trustees for the fiscal year beginning July 1, 1997, and ending June 30, 1998
$ 286,796,134.00.
SECTION 3. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the:
Mississippi Alcohol Safety Education Program. . .$ 150,000.00.
State Court Education Program . . . . . . . . . .$1,860,378.00. for the purpose of defraying the expenses incurred by said programs for the fiscal year beginning July 1, 1997, and ending June 30, 1998.
SECTION 4. Of the funds appropriated under the provisions of Sections 1 and 2 hereof, the following amounts, or so much thereof as may be necessary, shall be expended by the Board of Trustees of State Institutions of Higher Learning for the purposes hereinafter set forth:
(1) Support:
(a) From State General Funds, for support
of Mississippi State University, the
University of Mississippi, Mississippi
University for Women, University of
Southern Mississippi, Delta State University,
Alcorn State University, Jackson State
University and Mississippi Valley State
University, for the sum of...$236,522,545.00.
(b) From State General Funds, for the support of
Executive Office of the Board of Trustees for
the sum of ..................$ 2,518,232.00.
Mississippi State Chemical Laboratory for the
sum of.......................$ 1,396,073.00.
Mississippi Water Resources Institute for the
sum of.......................$ 121,898.00.
Mississippi Law Research Institute for the
sum of.......................$ 453,132.00.
Mississippi Mineral Resources Institute for
the sum of...................$ 522,577.00.
Research Institute of Pharmaceutical Sciences
for the sum of...............$ 4,509,875.00.
Jackson State University Urban Research
Center for the sum of........$ 364,288.00.
Gulf Coast Research Laboratory for the
sum of.......................$ 3,298,650.00.
Supercomputer for the sum
of...........................$ 1,712,050.00.
Mississippi Polymer Institute for
the sum of...................$ 567,335.00.
Mississippi Small Business
Development Center for the
sum of.......................$ 511,567.00.
Stennis Space Center - Center for Higher
Learning for the sum of......$ 309,823.00.
Stennis Institute of Government for the
sum of ......................$ 204,915.00.
Commission for Volunteer Services for
the sum of...................$ 92,880.00.
Of the funds appropriated under the provisions of Section 1, and allocated to the Gulf Coast Research Laboratory, the Board of Trustees of State Institutions of Higher Learning shall allocate for Sea Grants matching One Hundred Seventy-five Thousand Dollars ($175,000.00) for the fiscal year 1998.
Provided further, it is the intention of the Legislature, in the event budget reductions are imposed on the Gulf Coast Research Laboratory by the Board of Trustees of State Institutions of Higher Learning, as a result of the Governor ordering budget reductions under the provisions of Sections 27-104-13 or 31-17-123, Mississippi Code of 1972, the same percent reduction will be applied to those state funds identified in this section for Sea Grant match.
(c) From special funds, the following sum,
or so much thereof as may be necessary,
is hereby authorized out of the proceeds
derived from any federal funds, student
fees or other special source funds
which are collected by or otherwise
become available for the support and
maintenance of the eight (8) universities,
institutes, laboratories, programs and
executive office of the board of trustees....
.............................$286,796,134.00.
It is the intent of the Legislature that
the Board of Trustees of State Institutions of
Higher Learning shall allocate funds to the
off-campus centers based on a minimum rate
of sixty-five percent (65%) of the on-campus cost
of a full-time equivalent student. The on-campus
distribution is to be determined without regard to
the costs incurred by any one or more of them in
the operation of off-campus degree completing
centers' classes. Off-campus centers which
are operated jointly by two (2) or more
institutions, the amount allocated to such
centers shall be prorated among the
institutions jointly operating such
centers based on the full-time equivalent
enrollment of such centers.
(d) The board of trustees shall insure that
the off-campus centers are not charged
with any indirect or overhead cost
prorated from any on-campus activity.
It is the intent of the Legislature that
the on-campus operations charge the
off-campus centers with only actual direct
charges.
(e) Of the funds appropriated in Section 1 and
allocated in Section 4(1)(a), the amount of
One Hundred Fifty-seven Thousand Five Hundred
Dollars ($157,500.00) shall be used for the
promotion and expenses of the Mississippi
Governor's School for the Gifted and
Talented.
Provided, however, that the Board
of Trustees of State Institutions of Higher
Learning shall develop the governing policy
for faculty, course content and facilities
selection on a competitive basis from all
Mississippi senior colleges and universities.
The Mississippi Governor's School for the
Gifted and Talented shall accept not less than
one (1) high school student nominee from each
accredited high school in Mississippi. The
nominees, selected under criteria developed
and adopted by the Board of Trustees of State
Institutions of Higher Learning, shall
be provided a three-week tuition-free
program.
The Board of Trustees of State Institutions
of Higher Learning shall compile and publish
the report of the statewide evaluation
committee on the leadership impact of graduates
of this school. This report is to be a
continuing study on the youthful leadership of
the state.
(f) Of the funds appropriated in Section 1 and
allocated in Section 4(1)(a), the amount of
Two Hundred Thousand Dollars ($200,000.00)
shall be used for the promotion and expenses
of the Teacher Corps.
(g) It is the intent of the Legislature that
no general funds authorized to be expended
herein shall be used to replace federal funds
and/or other special funds which are being used
for salaries authorized under the provisions of
this act and which are withdrawn and no longer
available.
(h) After the Mississippi State Chemical Laboratory
has provided the maximum amount of services
which may be provided free of charge under the
provisions of Section 57-21-11(c), Mississippi
Code of 1972, the laboratory shall not provide
any additional services from the funds
appropriated under the provisions of Sections
1 and 2 if any charges for such services
previously provided are more than ninety (90)
days past due. After all such delinquent
charges have been paid by a client, the
laboratory may provide additional services to
the client.
(2) Of the funds appropriated in Section 1 and
allocated in Section 4(1)(a), the following amounts
shall be used as set forth:
(a) For Mississippi State University as interest
on agricultural land script fund and
interest on sale of university land, the
sum of......................$ 14,387.00.
(b) For the University of Mississippi as
interest on original seminary fund, the
sum of......................$ 32,643.00.
(c) For the University of Mississippi as
interest on 1904 land grant fund, the
sum of......................$ 9,965.00.
(d) For the University of Mississippi as
interest on LaBauve Fund, the sum
of..........................$ 1,420.00.
(e) For Mississippi University for Women
as interest on funds paid into the
State Treasury as proceeds of sale of
land donated to the Industrial Institute
and College by the United States
Government, the sum of......$ 9,389.00.
(f) For Alcorn State University as interest
on land script and land sales funds,
the sum of..................$ 12,592.00.
SECTION 5. Of the funds appropriated in Section 2 and authorized for expenditure in Section 4(1)(c), the following amounts shall be derived from Education Enhancement Funds deposited pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972:
On-campus and off-campus support of Mississippi State
University, the University of Mississippi, Mississippi
University for Women, University of Southern Mississippi,
Delta State University, Alcorn State University, Jackson
State University and Mississippi Valley State University
for the sum of.........................$ 24,568,548.00.
Executive Office of the Board of Trustees
for the sum of.........................$ 156,400.00.
Mississippi State Chemical Laboratory for the
sum of.................................$ 85,100.00.
Mississippi Water Resources Institute for
the sum of.............................$ 9,200.00.
Mississippi Law Research Institute for
the sum of.............................$ 23,000.00.
Mississippi Mineral Resources Institute
for the sum of.........................$ 25,300.00.
Research Institute of Pharmaceutical
Sciences for the sum of................$ 105,800.00.
Gulf Coast Research Laboratory for the
sum of.................................$ 207,000.00.
TOTAL.............................$ 25,180,348.00.
SECTION 6. Of the funds appropriated in Section 2 and authorized for expenditure in Section 4(1)(c), the following amounts shall be derived from Education Enhancement Funds deposited pursuant to Section 27-103-203(1), Mississippi Code of 1972:
On-campus and off-campus support of Mississippi State
University, the University of Mississippi, Mississippi
University for Women, University of Southern
Mississippi, Delta State University, Alcorn State
University, Jackson State University and Mississippi
Valley State University for one-time, nonrecurring
expenditures, the sum of..................$ 14,571,089.00.
Commission for Volunteer Services for the sum of........
........................................$ 60,000.00.
Mississippi University for Women Speech Pathology Program
for the sum of..........................$ 50,000.00.
Executive Office of the Board of Trustees for the
Telecommunications Backbone Infrastructure for the sum
of......................................$ 270,000.00.
Alcorn State University for an amount in lieu of
interest that would have been earned on an endowment
fund of Five Million Dollars ($5,000,000.00) as
directed by the courts in the Ayers Case, for the
sum of .................................$ 300,000.00.
Jackson State University for an amount in lieu of
interest that would have been earned on an endowment
fund of Five Million Dollars ($5,000,000.00) as
directed by the courts in the Ayers Case, for the
sum of..................................$ 300,000.00.
Mississippi Valley State University for an amount
in lieu of interest that would have been earned on
an endowment fund of Five Million Dollars
($5,000,000.00) as directed by the courts in the
Ayers Case, for the sum of..............$ 300,000.00.
TOTAL..............................$ 15,851,089.00
SECTION 7. It is the intention of the Legislature that the Board of Trustees of State Institutions of Higher Learning shall first use special funds to the greatest extent possible to defray the costs of providing remediation at the state-supported institutions of higher learning.
SECTION 8. None of the funds appropriated by this act shall be expended for any purpose that is not actually required or necessary for performing any of the powers or duties of the Board of Trustees of State Institutions of Higher Learning, or any of the powers or duties of any institution under the jurisdiction of the board of trustees, that are authorized by the Mississippi Constitution of 1890, state or federal law, or rules or regulations that implement state or federal law.
SECTION 9. The Board of Trustees of State Institutions of Higher Learning shall submit to the Committee on Appropriations of both houses of the Mississippi Legislature by January 1, 1998, a consolidated report for all the several institutions under its jurisdiction, on forms and in a manner to be prescribed by the Legislative Budget Committee, which reflects the anticipated current restricted fund revenues for the 1998 fiscal year, and the budgeted use of such current restricted funds by major object category. For purposes of this section, the term "current restricted funds" shall be defined as those public funds available for financing university operations which are limited by the donor, or by an agency external to the Board of Trustees of State Institutions of Higher Learning, to specific purposes, programs, departments or schools, but shall not include endowment funds or private gifts exempted under the provisions of Section 27-103-5, Mississippi Code of 1972.
SECTION 10. It is the intention of the Legislature that the budget requests of the individual institutes, laboratories and programs consolidated in this bill for Fiscal Year 1999 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 1998 budget request process.
SECTION 11. It is the intention of the Legislature that the Board of Trustees of State Institutions of Higher Learning continue to review, and eliminate when possible, duplicating programs and degrees in the existing Institutions of Higher Learning in this state.
SECTION 12. No state appropriations or student tuition and fee receipts, except those specifically charged for the provision of the services, shall be used to support auxiliary enterprises, with the exception of intercollegiate athletics at a level designated by the board of trustees. It is the intent of the Legislature that auxiliary enterprises shall be self-supporting; and that deficits not be taken from funds intended for instruction and academic programs.
SECTION 13. However, none of the funds herein appropriated shall be spent to defray tuition cost or subsidize in any way the direct cost of education, ordinarily paid by the student, of any nonresident alien enrolled in any state-supported institution of higher learning in the State of Mississippi. However, this will not apply to any nonresident alien student if the United States has a reciprocal agreement with their country on subsidizing the education of a United States citizen student.
SECTION 14. The Board of Trustees shall report yearly to the Legislature the institution compliance with Section 97-11-51, Mississippi Code of 1972, which prohibits deficit spending.
SECTION 15. Any funds appropriated pursuant to this act and paid as a fee to or deposited in a financial institution shall be in compliance with Section 109 of the Constitution of the State of Mississippi and Section 25-4-103, Mississippi Code of 1972.
SECTION 16. Of the funds appropriated in Sections 1 and 2, and allocated in Sections 4 and 6, the following amounts, or so much thereof as may be necessary, shall be expended for the purposes hereinafter set forth:
(1) Master Level Nursing Programs:
(a) To the University of Southern
Mississippi School of Nursing
the sum of.......................$ 300,000.00.
(b) To the Mississippi University for
Women School of Nursing the sum
of...............................$ 300,000.00.
(c) To Delta State University School
of Nursing the sum of............$ 300,000.00.
(d) To Alcorn State University School
of Nursing the sum of............$ 300,000.00.
(2) Speech Pathology Program at
Mississippi University for Women, for
the sum of............................$ 250,000.00.
SECTION 17. Of the funds appropriated in Section 2 and allocated in Section 6, Two Hundred Seventy Thousand Dollars ($270,000.00) shall be transferred to the Department of Information Technology Services to defray the cost of establishing a statewide telecommunications backbone infrastructure.
SECTION 18. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the State General Fund to the credit of the State Board of Institutions of Higher Learning for certain Ayers-related costs pursuant to Senate Bill No. 3195, 1995 Regular Session, and Senate Bill No. 3061, 1996 Regular Session, for the fiscal year beginning July 1, 1997, and ending June 30, 1998...........$ 668,137.00.
Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the balance as of June 30, 1997. These reappropriated funds shall be used for purposes for which the funds were originally authorized and to perform studies for development and enhancement of programs at Delta State University, Mississippi Valley State University, and Jackson State University as required by the Ayers decree.
SECTION 19. The following sums, or so much thereof as may be necessary, are hereby reappropriated out of any money in the State General Fund to the credit of the State Board of Institutions of Higher Learning for amounts allocated in lieu of interest, pursuant to Senate Bill No. 3061, 1996 Regular Session, that would have been earned on Five Million Dollars ($5,000,000.00) endowment funds for Alcorn State University, Jackson State University, Mississippi Valley State University, as directed by the courts in the Ayers Case:
Alcorn State University.................$ 293,332.00.
Jackson State University................$ 70,000.00.
Mississippi Valley State University.....$ 200,000.00.
Total...................................$ 563,332.00
Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the balance as of June 30, 1997, or change the purpose for which the funds were originally authorized.
SECTION 20. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
Performance Measures FY98 Target
INSTRUCTION
Increase in Freshman Cohort Retention
Rate from fall to fall (%) 1%
Increase in Cohort Graduation Rate
after 6 years (%) 1%
Increase in other race personnel with
academic rank (%) 3%
Increase in number of faculty with
doctoral degrees (%) 1%
RESEARCH
Increase in number of research projects
as reported in the University
Research Center Research Catalogue (%) 2%
PUBLIC SERVICE
Increase in number of collaborative efforts
with business, industry, community,
other education entities, and other
agencies (%) 10%
Increase in number of participants in non-
credit programs (%) 1%
ACADEMIC SUPPORT
Increase in number of library patrons
served (%) 1%
STUDENT SERVICES
Increase in recruiting of recent high
school graduates as first time
freshmen entering the public
universities (%) 1%
INSTITUTIONAL SUPPORT
Increase in average institutional support
expenditure per full-time equivalent
enrollment (%) 0%
Increase in average institutional support
expenditure per headcount enrollment
(%) 0%
OPERATION AND MAINTENANCE
Increase in average upkeep cost per acre of
grounds maintained (%) 0%
Increase in average operation and maintenance
cost per square feet of buildings (%) 0%
SCHOLARSHIPS
Increase in number of students receiving
scholarship dollars (%) 0.5%
Increase in amount of scholarship dollars
awarded (%) 0.5%
A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 1999.
SECTION 21. The money hereby appropriated shall be paid by the State Treasurer out of any money in the State General Fund not otherwise appropriated, and from the proper special funds upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.
SECTION 22. This act shall take effect and be in force from and after July 1, 1997.