MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Appropriations

By: Senator(s) Gordon, Little, Chaney, Burton, Frazier, Harden, Moffatt

Senate Bill 3122

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE AID AND SUPPORT OF THE PUBLIC COMMUNITY AND JUNIOR COLLEGES OF THE STATE OF MISSISSIPPI FOR FISCAL YEAR 2005.

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

SECTION 1.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the aid and support of the public community and junior colleges for the fiscal year beginning July 1, 2004, and ending June 30, 2005..........

............................................. $    84,724,534.00

SECTION 2.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Education Enhancement Fund deposited pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972, not otherwise appropriated, for the aid and support of public community and junior colleges for the fiscal year beginning July 1, 2004, and ending June 30, 2005$    26,602,239.00.

SECTION 3.  The following sum, or so much thereof as may be necessary, is appropriated out of any money in the Budget Contingency Fund, created in Section 27-103-301, Mississippi Code of 1972, for the aid and support of the public community and junior colleges, for the fiscal year beginning July 1, 2004, and ending June 30, 2005............................................ $     14,789,832.00

     SECTION 4.  The funds appropriated in this act for the aid and support of the public and community junior colleges shall be apportioned in accordance with the following assigned weights:

                                  Assigned Weight

                             3/5 Head Count     2/5 FTE

     Formula Section             Formula        Formula  

(1)  Aid to Colleges:

          Base               5% of prior year   9% of prior year

                             appropriation      appropriation

          Academic           1.0                1.0

          Technical          1.13               1.0

          Virtual Comm.

            College          .55               .50

(2)  Vocational               .59               1.0

(3)  Part-time                .55              

(4)  Associate Degree

     Nursing                 1.0                1.19

(5)  Associate Degree

     Allied Health                              1.19

     In the 3/5 Head Count Formula such Academic, Technical, and Vocational funds shall be disbursed to such public community and junior colleges on the basis of the full-time enrollment of each such public community and junior college as of the last day of the sixth week of the fall semester, or its equivalent, of the preceding year, counting only students who reside within the State of Mississippi.  Part-time academic, vocational and technical credit courses may qualify on the basis of the prior year full-time equivalency of part-time and summer students, counting only students who reside within the State of Mississippi.

     Virtual Community College hosted and provided courses may qualify on the basis of the prior year full-time equivalency of Virtual Community College hours generated during the summer, fall and spring semesters that did not make a student full time in the fall semester.

     In the 2/5 FTE Formula, such Academic, Technical, Vocational, Associate Degree Nursing and Associate Degree Allied Health funds shall be disbursed on the basis of prior year full-time equivalency (FTE) of hours generated during the summer, fall and spring semesters for each public community and junior college as of the last day of the sixth week of each semester, or its equivalent, counting only students who reside within the State of Mississippi.  However, associate degree nursing students who reside outside the State of Mississippi may be counted for pay purposes.

     Virtual Community College hosted and provided courses may qualify on the basis of the prior year full-time equivalency of Virtual Community College hours generated during the summer, fall and spring semesters.  Those semester credit hours being hosted and provided by one institution shall receive funding at the weight of 1.0.

     Of the funds appropriated in the act for the aid and support of the public community and junior colleges, funds up to Nine Hundred Thousand Dollars ($900,000.00) are provided to be set aside as a mechanism to hold harmless those colleges that lose funding in the second year of a five-year phase-in implementation period to a full-time equivalency (FTE) funding formula.

     The Director of the State Board for Community and Junior Colleges, or his designee, shall audit each public community and junior college and shall determine who shall be counted in each college and shall certify the number to the State Board for Community and Junior Colleges.

     If, pending determination of the enrollment of students at the public community and junior colleges entitled to participate in this appropriation, as provided for in this subsection, the State Board for Community and Junior Colleges shall find and determine that any such public or community junior college does not have sufficient funds on hand for payment of the necessary expenses of its operation for the period commencing July 1, 2004, until distribution of the funds appropriated hereby, then, in that event, the State Board for Community and Junior Colleges is expressly authorized to make an advance to any such public community or junior college or colleges not having sufficient operating funds for such period from the funds appropriated hereby; provided, however, that the amount of any such advance to any one public community or junior college shall not exceed thirty-three percent (33%) of the amount of state appropriated funds received by such public community or junior college during the preceding fiscal year; and provided, further, that the amount of any such advance shall be deducted from the pro rata part of the funds appropriated hereby accruing to said public community or junior college when enrollment has been ascertained and distribution of funds is made.

     SECTION 5.  No part of the amount herein appropriated shall be used by the State Board for Community and Junior Colleges for administrative or other purposes except in the manner and to the extent authorized in the act making an appropriation for the expenses of the State Board for Community and Junior Colleges.

     SECTION 6.  The funds disbursed under the provisions of this act shall be accounted for through the State Board for Community and Junior Colleges.

     SECTION 7.  The following public community and junior colleges which qualify shall participate in the funds provided by Sections 1, 2 and 3 of this act:

     Coahoma Community College, Copiah-Lincoln Community College, East Central Community College, East Mississippi Community College, Hinds Community College District, Holmes Community College, Itawamba Community College, Jones County Junior College, Meridian Community College, Mississippi Delta Community College, Mississippi Gulf Coast Community College District, Northeast Mississippi Community College, Northwest Mississippi Community College, Pearl River Community College, and Southwest Mississippi Community College.

     SECTION 8.  It is the intention of the Legislature that none of the General Funds appropriated herein shall be expended for the purpose of paying salaries, wages, and fringe benefits of any public community and junior college employee who is serving as a member of the State of Mississippi Legislature.

SECTION 9.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the State Board for Community and Junior Colleges for the purposes of hiring nursing and allied health teachers, awarding interest free nursing and allied health student loans and providing instructional support for the Rural Health Corps for the fiscal year beginning July 1, 2004, and ending June 30, 2005$     1,200,000.00.

     The funds appropriated in this section shall be allocated as follows:

     (1)  One-half (1/2) divided equally among the fifteen (15) public community and junior colleges.

     (2)  One-half (1/2) divided upon the basis of the number of full-time academic, technical and vocational public community and junior college students actually enrolled and in attendance on the last day of the sixth week of the fall semester or its equivalent of the preceding year counting only those students who reside within the State of Mississippi.

     The public community and junior colleges shall prepare and make available to the Legislature and the Legislative Budget Office an accounting of expenditures and program accomplishments of the Rural Health Corps Program for each of the individual community and junior colleges in a format and manner prescribed by the Legislative Budget Office.

SECTION 10.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the aid of the public community and junior colleges, to fund life and health insurance, for all employees of the public community and junior colleges for the fiscal year beginning July 1, 2004, and ending June 30, 2005...

............................................ $    16,808,282.00.

     The funds allocated in this section shall only be used to participate in the State and School Employees' Life and Health Insurance Plan.  Any funds appropriated in this section which are not expended during the fiscal year shall be carried forward for the same purposes during the next succeeding fiscal year.

SECTION 11.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of establishing and operating One-Stop Career Centers at each of the public community and junior colleges for the fiscal year beginning July 1, 2004, and ending June 30, 2005........................ $     4,500,000.00.

SECTION 12.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the State Board for Community and Junior Colleges for the purpose of defraying the cost of Sign Language Interpreter Training at the public community and junior colleges for the fiscal year beginning July 1, 2004, and ending June 30, 2005    $       179,050.00.

SECTION 13.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the State Board for Community and Junior Colleges for the purpose of defraying the cost of the Education Technology Program at the public community and junior colleges for the fiscal year beginning July 1, 2004, and ending June 30, 2005    $     3,599,160.00.

SECTION 14.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Education Enhancement Fund not otherwise appropriated, to the State Board for Community and Junior Colleges for the purpose of defraying the cost of servicing the debt on bonds issued for the Education Technology Program at the community and junior colleges for the fiscal year beginning July 1, 2004, and ending June 30, 2005...... $     3,160,215.00.

     The funds appropriated in this section shall be derived from Education Enhancement Funds deposited pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972.

     SECTION 15.  A Mississippi Prepaid Affordable College Tuition (MPACT) program beneficiary shall be considered a Mississippi resident for the purposes of participating in this appropriation regardless of the beneficiary's residence on the date of enrollment, as set out in Mississippi Code Annotated, Section 37-155-5(d)(iii).

     SECTION 16.  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                             FY 2005 Target

Instruction

     Cumulative grade point average of community            2.79

          college transfer students attending State

          Institutions of Higher Learning will equal

          or exceed the Grade Point Average earned

          by native students in the same university

          system (GPA based on a 4.0 scale)

     Average Class Size (Students/Class)                      22

     Percentage of community & junior college

          associate degree nursing graduates who

          pass the state board nursing exam on

          the first write (%)                                 90

     Percentage of full-time & adjunct

          (part-time) faculty who met the criteria

          for academic & professional preparation (%)        100

     Percentage of vocational-technical

          students who complete or exit a program

          & are considered positively placed (%)              90

     Total cost per full-time equivalent

          student ($)                                   5,171.76

Physical Plant Operation

     Percentage of community & junior colleges

          with a written comprehensive safety &

          health program implemented to ensure safe

          working conditions & practices (%)                 100

     Number of student injuries on community

          & junior colleges grounds (Students)                60

     Number of employee injuries on community

          & junior colleges grounds (Employees)               90

     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 2006.

SECTION 17.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the State Board for Community and Junior Colleges for the purpose of defraying the cost of the Golden Triangle Education Center for Manufacturing Technology, for the fiscal year beginning July 1, 2004, and ending June 30, 2005$       150,000.00.

SECTION 18.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the State Board for Community and Junior Colleges for the purpose of defraying the cost of the Mississippi Delta Community College Industrial Training Program, for the fiscal year beginning July 1, 2004, and ending June 30, 2005$       150,000.00.

SECTION 19.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the State Board for Community and Junior Colleges for the purpose of defraying the cost of the Holmes Community College Industrial Technology Complex, for the fiscal year beginning July 1, 2004, and ending June 30, 2005$       150,000.00.

SECTION 20.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the State Board for Community and Junior Colleges for the purpose of defraying the cost of the Jones County Junior College Industrial Technology Complex, for the fiscal year ending June 30, 2005......................................

............................................ $       150,000.00.

SECTION 21.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the State Board for Community and Junior Colleges for the purpose of defraying the cost of the Pearl River Community College Industrial Technology Complex, for the fiscal year ending June 30, 2005...............................

............................................ $       150,000.00.

     SECTION 22.  Of the funds provided in this act, it is the intention of the Legislature that Seventy-five Thousand Dollars ($75,000.00) shall be allocated to Northeast Community College to defray the costs of operation of the Crow's Neck Environmental Center in Tishomingo County.

     SECTION 23.  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 24.  This act shall take effect and be in force from and after July 1, 2004.