MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Appropriations

By: Senator(s) Gordon

Senate Bill 2844

(As Sent to Governor)

AN ACT TO AMEND CHAPTER 97, LAWS OF 2002 (SENATE BILL NO. 3141, 2002 REGULAR SESSION) TO REDUCE CERTAIN AMOUNTS OF FUNDS APPROPRIATED AND REAPPROPRIATED TO THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO REFLECT THE STATUS OF THE AYERS SETTLEMENT AGREEMENT, TO DELETE CERTAIN FUNDS APPROPRIATED FROM THE WORKING CASH-STABILIZATION FUND CONTINGENT UPON THE AYERS SETTLEMENT AGREEMENT BECOMING FINAL, TO DELETE CERTAIN FUNDS APPROPRIATED FOR SUMMER DEVELOPMENT PROGRAMS CONTINGENT UPON THE AYERS SETTLEMENT AGREEMENT BECOMING FINAL, TO DELETE CERTAIN FUNDS APPROPRIATED FROM THE BUDGET CONTINGENCY FUND CONTINGENT UPON THE AYERS SETTLEMENT AGREEMENT BECOMING FINAL, AND TO DELETE THE PROVISION THAT MAKES THE REAPPROPRIATION OF CERTAIN FUNDS TO THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONTINGENT UPON THE AYERS SETTLEMENT AGREEMENT BECOMING FINAL AND EFFECTIVE; AND FOR RELATED PURPOSES.

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

SECTION 1. Chapter 97, Laws of 2002 (Senate Bill No. 3141, 2002 Regular Session), is amended to read as follows:

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, University of Mississippi, Teacher Corps, Mississippi University for Women, University of Southern Mississippi, Delta State University, Alcorn State University, Jackson State University, and Mississippi Valley State University, for the fiscal year beginning July 1, 2002, and

ending June 30, 2003........................ $ 240,256,651.00.

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, 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 fiscal year beginning July 1, 2002, and ending June 30, 2003 $ 387,617,015.00.

Section 3. The following sums, or so much thereof as may be necessary, is hereby appropriated out of any money in the Ayers Endowment Interest Fund, State Treasury Fund No. 3258, for the purposes as set out by the courts in the Ayers Case for the fiscal year beginning July 1, 2002, and ending June 30, 2003:

Alcorn State University. . . . . . . . . $300,000.00

Jackson State University . . . . . . . . $300,000.00

Mississippi Valley State University. . . $300,000.00

Section 4. Upon the Ayers Settlement Agreement becoming final and effective according to its terms (including, but not limited to, the exhaustion of all rights to appeal), it is the intention of the Legislature that the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Ayers Settlement Fund created by House Bill 1471, 2001 Regular Session, to credit of the Board of Trustees of State Institutions of Higher Learning for the purpose of establishing an Ayers settlement endowment fund to comply with the Settlement Agreement in the case of Ayers v. Musgrove, for the fiscal year beginning July 1, 2002, and ending June 30, 2003.................................

............................................ $ 5,000,000.00.

Section 5. 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.

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.

Section 6. Of the funds appropriated in Section 1, 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.

Section 7. Of the funds appropriated in Section 1, the amount of Two Hundred Twenty-five Thousand Dollars ($225,000.00) shall be used for the promotion and expenses of the Teacher Corps.

Section 8. 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.

Section 9. Of the funds appropriated in Section 1, 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 10. Of the funds appropriated in Section 2, the following amount 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........................ $ 33,840,765.00.

Section 11. Of the funds appropriated in Section 2, the following amounts are derived from Budget Contingency Funds:

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...................... $ 31,337,569.00.

Mississippi State University for equity funding

for the sum of...................... $ 2,000,000.00.

University of Southern Mississippi for equity funding

for the sum of...................... $ 2,000,000.00.

University of Mississippi for equity funding

for the sum of...................... $ 1,000,000.00.

Greenville Higher Education Center

for the sum of...................... $ 100,000.00.

Jackson State University Social Work Program

for the sum of...................... $ 250,000.00.

Delta State University ladder fire truck

for the sum of...................... $ 120,000.00.

Mississippi State University Meridian

for special projects for the sum of. $ 200,000.00.

TOTAL.................................... $ 37,007,569.00.

Section 12. * * *

Section 13. Of the funds appropriated in Sections 1, 2, 3 and 4, the following amount, or so much thereof as may be necessary, shall be expended by the Board of Trustees of State Institutions of Higher Learning for the purpose of defraying the costs associated with Ayers-related programs at Alcorn State University, Jackson State University and Mississippi Valley State University, interest on the Ayers Endowment Fund and any other Ayers-related activities$ 14,436,000.00.

 * * *

Section 14. * * *

Section 15. * * * The following sum, or so much of it as may be necessary, is * * * reappropriated out of any money in the State General Fund not otherwise appropriated, to the Board of Trustees of State Institutions of Higher Learning for expenditure for the purposes identified in Section III of the Ayers Settlement Agreement for the fiscal year beginning July 1, 2002, and ending

June 30, 2003.................................... $7,200,000.00.

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the balance as of June 30, 2002, or change the purpose for which the funds were originally authorized.

Section 16. * * *

Section 17. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the State General Fund not otherwise appropriated, to the State Board of Institutions of Higher Learning authorized for expenditure pursuant to Senate Bill 3256, 2000 Regular Session, for the fiscal year beginning July 1, 2002, and ending June 30, 2003...............

............................................ $ 250,000.00.

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the balance as of June 30, 2002, or change the purpose for which the funds were originally authorized.

Section 18. 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 19. Of the funds appropriated in Section 1, it is the intention of the Legislature that the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) shall be used for the operation of the Gulf Park Campus of the University of Southern Mississippi.

Section 20. It is the intention of the Legislature that, wherever possible, any motor vehicle purchased or leased by any institution of higher learning shall contain a hybrid motor powered by a combination of gasoline and electricity, or a motor equipped for using an alternative fuel. For the purposes of this section, the term "alternative fuel" means compressed natural gas, liquefied petroleum gas, reformulated gasoline, methanol, ethanol, electricity, and any other fuels which meet or exceed federal Clean Air Act standards.

Section 21. It is the intention of the Legislature that the University of Southern Mississippi, with any available funds, be allowed to purchase a police car.

Section 22. 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 23. 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, 2003, 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 2003 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 24. It is the intention of the Legislature that the budget requests of the Institutions for Fiscal Year 2004 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 2003 budget request process.

Section 25. 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 26. 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 27. 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 28. 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 29. 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 30. 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:

FY2003

Performance Measures Target

Instruction

Maintain a Freshman (first-time, full-time)

Retention rate from fall to fall

that is at or above the national rate

for 4-year public institutions as reported

by American College Testing (% retention) 75.00

Maintain a Freshman (first-time, full-time)

Undergraduate Graduation rate after 5 years

for the system that is at or above the

national rate of 4-year public institutions

as reported by American College Testing

(% graduated) 42.00

Increase in Other Race Personnel with

Academic Rank (%) 0.00

Increase in Number of Personnel with

Academic Rank who hold Terminal Degrees

(Includes Doctorate & First Professional

Degrees) (%) 0.00

Research

Change in Expenditures of Unrestricted

E&G Funds for Research (%) 0.00

Academic Support

Strive to Reach the Average Expenditure for

Libraries as listed in the American Library

Association Standards from Academic &

Research Libraries (% change) 0.00

Increase the Expenditure of Unrestricted E&G

Funds for Technology (%) 0.00

Operation & Maintenance

Increase the Expenditures of Unrestricted E&G

Funds for Upkeep Cost per Acre of Grounds

(core on- & off-campus) Maintained (%) 0.00

Increase the Expenditure of Unrestricted E&G

Funds for Operation & Maintenance Cost

per Square Feet of Building (%) 0.00

Scholarships & Fellowships

Change in Number of Students Receiving

Scholarship Dollars from Unrestricted E&G

Funds (%) 0.00

Change in Amount of Scholarship Dollars

Awarded from Unrestricted E&G Funds (%) 0.00

Public Service

Increase the Expenditures of Unrestricted E&G

Funds for Public Service (%) 0.00

Student Services

Increase the Expenditures of Unrestricted E&G

Funds for Undergraduate Admissions &

Records (%) 0.00

Increase the Expenditures of Unrestricted

E&G Funds for Undergraduate Financial

Aid (%) 0.00

Institutional Support

Change in Expenditures of Unrestricted E&G

Funds for Institutional Support per Fall

Full-time Equivalent Student (%) 0.00

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 2004.

Section 31. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, 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 2. This act shall take effect and be in force from and after its passage.