MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Appropriations
By: Senator(s) Bryan, Dearing, Albritton, Jordan, Walls, Williamson, Dawkins, Jackson (11th), Walley, Lee (47th), Turner, Butler, Harden, Tollison, Horhn, Cuevas, Frazier, Simmons, Thomas
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE EXPENSES OF THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES; FOR THE AID AND SUPPORT OF THE PUBLIC COMMUNITY AND JUNIOR COLLEGES; FOR SUPPORT OF THE EIGHT STATE-SUPPORTED UNIVERSITIES AND PROGRAMS OPERATED BY THOSE UNIVERSITIES; FOR SUPPORT OF STUDENT FINANCIAL AID PROGRAMS; FOR SUPPORT OF THE UNIVERSITY RESEARCH CENTER, THE EDUCATION AND RESEARCH CENTER, THE EXECUTIVE OFFICE OF THE BOARD OF TRUSTEES, THE MISSISSIPPI VOLUNTEER COMMISSION; AND RELATED PROGRAMS; FOR THE SUPPORT OF THE STATE DEPARTMENT OF EDUCATION; FOR SUPPORT OF VOCATIONAL AND TECHNICAL EDUCATION; FOR SUPPORT OF THE ANNUAL COMPENSATION TO THE CHICKASAW CESSION COUNTIES; FOR SUPPORT OF THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM; FOR SUPPORT OF THE MISSISSIPPI SCHOOL FOR THE BLIND AND THE SCHOOL FOR THE DEAF; FOR THE SUPPORT OF THE MISSISSIPPI EDUCATIONAL TELEVISION AUTHORITY; FOR THE SUPPORT OF THE MISSISSIPPI LIBRARY COMMISSION; FOR FISCAL YEAR 2006.
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, to the State Board for Community and Junior Colleges for the purpose of defraying the administrative expenses of the Board and for the aid and support of the public community and junior colleges for the fiscal year beginning July 1, 2005, and ending June 30, 2006.................
...............................................$ 145,918,528.00.
SECTION 2. 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 State Board for Community and Junior Colleges, and any other special source funds herein made available to the State Board for Community and Junior Colleges, for the purpose of defraying the administrative expenses of the Board and for the aid and support of the public community and junior colleges for the fiscal year beginning July 1, 2005, and ending June 30, 2006...................................$77,522,427.00.
SECTION 3. Of the funds appropriated under the provisions of this act and allocated to the State Board for Community and Junior Colleges, funds are provided for the following purposes:
(a) State General Funds for:
Administrative expenses of the board...........$ 14,413,147.00
Aid and support of the public and community
junior colleges............................$ 104,768,889.00
Hiring nursing and allied health teachers,
awarding interest free nursing and allied
health student loans, and providing instructional
support for the Rural Health Corps.........$ 1,200,000.00
Funding life and health insurance for all
employees of the public community and junior
colleges...................................$ 16,808,282.00
Establishing and operating One-Stop Career
Centers at each public community and junior
college....................................$ 4,500,000.00
Defraying the cost of Sign Language
Interpreter Training at public community
and junior colleges........................$ 179,050.00
Defraying the cost of the Educational
Technology Program.........................$ 3,599,160.00
Defraying the cost of the Golden Triangle Education
Center for Manufacturing Technology........$ 150,000.00
Defraying the cost of the Holmes Community College
Industrial Technology Complex..............$ 150,000.00
Defraying the cost of the Mississippi Delta
Community College Industrial Training
Program....................................$ 150,000.00
Total ......................................$ 145,918,528.00
(b) Commission on Proprietary School and College
Registration Fund for:
Regulation and administration of the Mississippi
Proprietary School and College Registration
Law, and associated expenses...............$ 60,000.00
(c)Workforce Carryover Fund for:
Administrative expenses of the board............$ 1,000,000.00
(d)Community College Network Fees for:
Administrative expenses of the board............$ 125,000.00
(e)Duplicate transcripts and duplicate diploma
issuance fees for:
Administrative expenses of the board............$ 100,000.00
(f)Workforce On-Line Training Program fees for:
Administrative expenses of the board............$ 300,000.00
(g)Education Enhancement Fund for:
Aid and support of public community and
junior colleges.............................$ 30,167,318.00
Servicing debt on bonds issued for the Education
Technology Program.........................$ 3,169,240.00
Total Education Enhancement Funds...........$ 33,336,558.00
(h) Other Special Source Funds for:
Administrative expenses of the board............$ 12,400,869.00
Post secondary vocational and technical
education operations........................$ 30,000,000.00
SECTION 4. With the funds appropriated under the provisions of this act to the State Board for Community and Junior Colleges, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time............... 41
Part Time............... 1
Time-Limited:Full Time............... 0
Part Time............... 0
SECTION 5. Of the funds appropriated under the provisions of this act and allocated to paying administrative expenses of the State Board for Community and Junior Colleges, funds in the amount of Twenty-four Million Six Hundred Forty-three Thousand Sixty-four Dollars ($24,643,064.00) are provided for the Workforce Education Program and Industrial Training. No funding obligation or commitment shall be made on behalf of the state for industrial training beyond the level of funding made available in this section. All industrial training program commitments made in Fiscal Year 2006 and future fiscal years shall be based only upon funds available in this section and any proposed commitments shall be approved by the Executive Director of the State Board for Community and Junior Colleges, or the Executive Director's designee prior to such commitment being finalized. Industrial training program commitments shall be made and based only upon training services provided and not for a specific funding amount. Any expenditures of funds authorized in this section are limited to obligations made July 1, 2005, or after, and shall not be expended for obligations made prior to this date.
SECTION 6. The funds appropriated under the provisions of this act and allocated for the purpose 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 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 7. The funds appropriated under the provisions of this act and allocated for funding life and health insurance for all employees of the public community and junior colleges shall only be used to participate in the State and School Employees' Life and Health Insurance Plan, and any of these funds which are not expended during the fiscal year shall be carried forward for the same purposes during the next succeeding fiscal year.
SECTION 8. A Mississippi Prepaid Affordable College Tuition (MPACT) program beneficiary shall be considered a Mississippi resident for the purposes of participating in funds appropriated herein to the State Board for Community and Junior Colleges 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 9. It is the intention of the Legislature that the State Board of Community and Junior Colleges is hereby authorized to accept, budget and expend funds from any source in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
SECTION 10. 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
2/5 Headcount 3/5 FTE
Formula Section Formula Formula
(1) Aid to Colleges:
Base 5% of prior year 11% of prior year appropriation appropriation Academic 1.0 1.0
Technical 1.06 1.0
Virtual Comm.
College .55
(2) Vocational .79 1.0
(3) Part-time .55
(4) Associate Degree
Nursing 1.0 1.19
(5) Associate Degree
Allied Health 1.19
In the 2/5 Headcount 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 3/5 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.
Of the funds appropriated in this act for the aid and support of the public community and junior colleges, funds up to One Million Seven Hundred Six Thousand Dollars ($1,706,000.00) are provided to be set aside as a mechanism to hold harmless those colleges that lose funding in the first 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, 2005, 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 11. No part of the amount herein appropriated for the aid and support of public community and junior colleges 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 12. The following public community and junior colleges which qualify shall participate in the funds provided in this act for the aid and support of public community and junior colleges:
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 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 Board of Trustees of State Institutions of Higher Learning for the purpose of support, maintenance, and repairs at the state-supported institutions of higher learning, those being 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, and programs operated by those institutions; for support of student financial aid programs authorized by law; for support of the University Research Center, the Education and Research Center, the Executive Office of the Board of Trustees, the Mississippi Volunteer Commission; and related programs, for the fiscal year beginning July 1, 2005, and
ending June 30, 2006..........................$ 559,075,122.00.
SECTION 14. 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 Board of Trustees of State Institutions of Higher Learning or any institution or program administered by the Board; and 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 the state-supported institutions of higher learning, those being 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, and programs operated by those institutions; for support of student financial aid programs authorized by law; for support of the University Research Center, the Education and Research Center, the Executive Office of the Board of Trustees, the Mississippi Volunteer Commission; and related programs, for the fiscal year beginning July 1, 2005, and ending June 30, 2006..........................$ 986,995,537.00.
SECTION 15. Of the funds appropriated under the provisions of this act and allocated to the Board of Trustees of State Institutions of Higher Learning, funds are provided for the following purposes:
(a) State General Funds for:
General support, maintenance, and repairs at
the state-supported institutions of higher
learning...................................$ 299,208,792.00
Financial aid scholarship, loan and grant programs
authorized by law and administered by the
Mississippi Office of Student Financial Aid,
and for support of the Mississippi Office
of Student Financial Aid...................$ 30,558,013.00
Executive Office of the Board of Trustees, the
University Research Center and the Mississippi
Automated Resource Information System
(MARIS)....................................$ 6,122,291.00
College of Veterinary Medicine at Mississippi
State University...........................$ 13,102,456.00
University of Mississippi Medical Center.......$ 147,711,857.00
Mississippi Cooperative Extension Service......$ 21,420,987.00
Mississippi Agricultural and Forestry
Experiment Station.........................$ 19,267,287.00
Mississippi Forest and Wildlife Research
Center.....................................$ 5,000,986.00
Alcorn State University Agricultural Programs..$ 4,436,290.00
Mississippi Mineral Resources Research
Institute..................................$ 451,618.00
Mississippi Law Research Institute..............$ 697,496.00
Gulf Coast Research Laboratory..................$ 3,197,665.00
Water Resources Institute.......................$ 82,260.00
Mississippi State Chemical Laboratory...........$ 1,208,891.00
Research Institute of Pharmaceutical Science...$ 3,502,186.00
Supercomputer...................................$ 1,228,694.00
Polymer Institute...............................$ 483,932.00
Small Business Development Center...............$ 351,070.00
Stennis Center for Higher Learning..............$ 352,972.00
Jackson State University Urban Research Center..$ 254,454.00
Commission for Volunteer Services...............$ 183,256.00
Stennis Institute of Government.................$ 251,669.00
Total......................................$ 559,075,122.00
(b) Education Enhancement Funds for:
General support, maintenance, and repairs at
the state-supported institutions of higher
learning...................................$ 41,410,234.00
College of Veterinary Medicine at Mississippi
State University...........................$ 603,725.00
University of Mississippi Medical Center.......$ 3,854,830.00
Mississippi Cooperative Extension Service.....$ 1,222,596.00
Mississippi Agricultural and Forestry
Experiment Station.........................$ 1,461,204.00
Mississippi Forest and Wildlife Research
Center.....................................$ 322,193.00
Alcorn State University Agricultural Programs..$ 21,097.00
Executive Office of the Board of Trustees, the
University Research Center and the
Mississippi Automated Resource Information
System (MARIS).......................... $ 495,742.00
Mississippi Mineral Resources Research
Institute..................................$ 24,035.00
Mississippi Law Research Institute..............$ 54,913.00
Gulf Coast Research Laboratory..................$ 196,650.00
Water Resources Institute.......................$ 8,740.00
Mississippi State Chemical Laboratory...........$ 161,595.00
Research Institute of Pharmaceutical Science....$ 100,510.00
Stennis Center for Higher Learning..............$ 95,000.00
Commission for Volunteer Services...............$ 92,150.00
Stennis Institute of Government.................$ 46,550.00
Total......................................$ 50,171,764.00
(c) State Court Education Program Funds in the
State Treasury for:
State Court Education Program...................$ 1,202,440.00
(d) Mississippi Alcohol Safety Program Funds in
the State Treasury for:
Mississippi Alcohol Safety Program..............$ 150,000.00
(e) Health Care Expendable Funds for:
Support and maintenance of the Medical
Education Loan/Scholarship Program...... $ 177,563.00
Support of University Medical Center............$ 4,000,000.00
Total......................................$ 4,177,563.00
(f) Other Special Source Funds for:
General support, maintenance, and repairs at
the state-supported institutions of higher
learning...................................$ 369,306,953.00
Financial aid scholarship, loan and grant programs
authorized by law and administered by the
Mississippi Office of Student Financial Aid,
and for support of the Mississippi Office
of Student Financial Aid...................$ 6,957,154.00
Executive Office of the Board of Trustees, the
University Research Center and the Mississippi
Automated Resource Information System
(MARIS)....................................$ 28,844,621.00
College of Veterinary Medicine at Mississippi
State University...........................$ 6,385,000.00
University of Mississippi Medical Center.......$ 528,215,793.00
Mississippi Cooperative Extension Service......$ 13,523,523.00
Mississippi Agricultural and Forestry
Experiment Station.........................$ 6,407,974.00
Mississippi Forest and Wildlife Research Center .$ 792,236.00
Mississippi Alcohol Safety Program............$ 1,052,189.00
Mississippi Mineral Resources Research
Institute..................................$ 2,056,943.00
Mississippi Law Research Institute..............$ 385,622.00
Gulf Coast Research Laboratory..................$ 1,694,443.00
Mississippi State Chemical Laboratory...........$ 390,000.00
Research Institute of Pharmaceutical Science...$ 6,453,299.00
Small Business Development Center...............$ 793,025.00
Commission for Volunteer Services...............$ 6,589,359.00
Stennis Institute of Government.................$ 567,460.00
Jackson State University -Urban Research........$ 6,517.00
Total......................................$ 980,422,111.00
(g) Ayers Endowment Interest Fund No. 3258 for:
The purposes as set out by the courts in the
Ayers Case for:
Alcorn State University.......................$ 300,000.00
Jackson State University.......................$ 300,000.00
Mississippi Valley State University............$ 300,000.00
Total......................................$ 900,000.00
(h)Ayers Settlement Fund, created by House Bill
No. 1471, 2001 Regular Session, for:
Establishing an Ayers settlement endowment fund
to comply with the Settlement Agreement in
the case of Ayers v. Musgrove..............$ 5,000,000.00
SECTION 16. 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 Five Million Dollars ($5,000,000.00) appropriated in this act from the Ayers Settlement Fund, created by House Bill No. 1471, 2001 Regular Session, is hereby authorized for use by the Board of Trustees of State Institutions of Higher Learning for the purpose of establishing an Ayers settlement endowment fund to comply with the Settlement Agreement in the case of Ayers v. Musgrove.
SECTION 17. Of the funds provided herein to the Board of Trustees of State Institutions of Higher Learning, the following amount, or so much thereof as may be necessary, shall be expended by the Board of Trustees of State Institutions of Higher Learning for the purpose of defraying the costs associated with Ayers-related programs at Alcorn State University, Jackson State University and Mississippi Valley State University; interest on the Ayers Endowment Fund and any other Ayers-related activities associated with the implementation of the Remedial Decree of the District Courts..................................$ 14,246,000.00.
SECTION 18. It is the intention of the Legislature that 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), funds necessary to comply with the Ayers Settlement Agreement shall be appropriated in the next Legislative Session.
SECTION 19. 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 20. Of the State General Funds provided herein to the Board of Trustees of State Institutions of Higher Learning for the general support and maintenance of the state-supported institutions, 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 21. Of the State General Funds provided herein to the Board of Trustees of State Institutions of Higher Learning for the general support and maintenance of the state-supported institutions, the amount of Two Hundred Twenty-five Thousand Dollars ($225,000.00) shall be used for the promotion and expenses of the Teacher Corps.
SECTION 22. Of the State General Funds provided herein to the Board of Trustees of State Institutions of Higher Learning for the general support and maintenance of the state-supported institutions, the following amounts shall be used as set forth:
(a) For Mississippi State University as interest
on agricultural land script fund and interest
on the sale of university land..............$ 14,387.00
(b) For the University of Mississippi as interest
on the original seminary fund...............$ 32,643.00
(c)For the University of Mississippi as interest
on the 1904 land grant fund.................$ 9,965.00
(d)For the University of Mississippi as interest
on the LaBauve Fund.........................$ 1,420.00
(e) For the 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.....$ 9,389.00
(f) For Alcorn State University as interest on
land script and land sales funds............$ 12,592.00
SECTION 23. Of the funds provided herein for support of 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 2006.
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 Section 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.
SECTION 24. It is the intention of the Legislature that 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 provided herein for the laboratory's support 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.
SECTION 25. It is the intention of the Legislature that the Board of Trustees of State Institutions of Higher Learning shall ensure that none of the funds apportioned in this act for the Out-of-State Educational Program shall be paid to or for the benefit of any student who enters a school outside the State of Mississippi for the first time, subsequent to July 1, 1982, in any discipline in the fields of medicine or dentistry.
SECTION 26. It is the intention of the Legislature that of the State General Funds provided herein for financial aid programs authorized by law, the Board of Trustees of the State Institutions of Higher Learning shall expend from the support of the out-of-state graduate and professional studies program an amount not exceeding the funding necessary, contingent upon the availability of qualified applicants, for ten (10) new entering optometry students and the number of returning optometry students who received funding under the program during the preceding school year; for ten (10) new entering chiropractic students, with not more than twenty-five (25) chiropractic students overall; and seven (7) new entering osteopathic medical students and the number of returning osteopathic medical students who received funding under the program during the preceding school year, for these courses of study.
SECTION 27. In the allocation of funds provided herein to the Board of Trustees of State Institutions of Higher Learning for financial aid programs authorized by law, it is the intention of the Legislature that priority shall be given and funds shall be first allocated to all students eligible for financial aid under the provisions of Sections 37-107-1 through 37-107-7 and Sections 37-108-1 through 37-108-5, Mississippi Code of 1972.
SECTION 28. It is the intention of the Legislature that all funds provided herein to the Board of Trustees of State Institutions of Higher Learning for financial aid programs authorized by law shall be accounted for in a detailed statement showing when, to whom, and for what purpose applied, and this statement shall be submitted at the next regular session of the Legislature within ten (10) days after the convening thereof. A report of loans made and receipt of repayment of loans to the fund shall be reported. The amount of repayment that is in arrears shall also be included. Such report shall include the number of students at each institution receiving financial assistance and the amount of such assistance, and an estimate of the financial requirement of the various loan programs for the next year. No public or private institution of higher learning receiving funds under the respective provisions of this act, for the purpose of issuing scholarship grants or loans, shall issue any official transcripts for any persons who have any amount of repayment in arrears on that date such official transcript is requested.
Furthermore, all such funds received and expended shall be reported and otherwise accounted for in accordance with the provisions of Section 37-143-21, Mississippi Code of 1972.
SECTION 29. It is the intention of the Legislature that all fees charged and collected by the University Research Center for services provided by the Mississippi Automated Resource Information System (MARIS) shall be deposited in a special fund to be known as the "Mississippi Automated Resource Information System (MARIS) Revolving Fund." All monies in the revolving fund shall be used by MARIS exclusively for the support of MARIS projects and activities.
SECTION 30. With the funds provided herein for the support of the University of Mississippi Medical Center, the following shall be maintained: the School of Medicine, the School of Dentistry, the School of Nursing, the School of Health Related Professions, the Teaching Hospital and the Medical Center Service Area. The University of Mississippi Medical Center shall prepare and make available to the Legislature an accounting of expenditures for each of the divisions listed in this section at the beginning of the legislative session.
SECTION 31. Due to critical nurse shortages and staffing, it is the intent of the Legislature to enhance recognition of excellence and expand the experience factor in attracting qualified registered nurses.
SECTION 32. Of the funds provided herein for the University of Mississippi Medical Center, none may be used to provide medical services on behalf of any state agency, institution or political subdivision, except to the extent that such agency, institution or political subdivision reimburses the hospital for the cost of the services provided. Upon the rendering of medical services to any such agency, institution or political subdivision, the hospital shall issue an invoice for the charges which shall be paid within ninety (90) days. In the event that payment is not made within ninety (90) days, the hospital shall discontinue providing services to that agency, institution, or political subdivision until all outstanding charges have been paid.
SECTION 33. With the funds provided herein to the Mississippi Cooperative Extension Service, it is the intention of the Legislature that the Mississippi Cooperative Extension Service provide programs in the emphasis areas of Agriculture, Home Economics, 4-H, and Community Resource Development in each county.
SECTION 34. 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 35. It is the intention of the Legislature that none of the funds provided herein to the Board of Trustees of State Institutions of Higher Learning 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 36. 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, 2006, 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 2004 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 37. 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 38. It is the intention of the Legislature that the Board of Trustees of State Institutions shall ensure that 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 39. It is the intention of the Legislature that none of the funds provided herein to the Board of Trustees of State Institutions of Higher Learning 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 40. The Board of Trustees of State Institutions of Higher Learning shall report yearly to the Legislature the institution compliance with Section 97-11-51, Mississippi Code of 1972, which prohibits deficit spending.
SECTION 41. It is the intention of the Legislature that the Board of Trustees of State Institutions of Higher Learning shall ensure that 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 42. It is the intention of the Legislature that no State General Funds authorized to be expended in this act 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 43. It is the intention of the Legislature that the State Board for Community and Junior Colleges and the Board of Trustees of State Institutions of Higher Learning shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under the provisions of this act and that such records shall be in the same format and level of details as maintained for Fiscal Year 2005. It is further the intention of the Legislature that the budget requests for Fiscal Year 2007 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 2006 budget request process.
SECTION 44. Of the funds provided herein to the Board of Trustees of State Institutions of Higher Learning, the following amount, or so much thereof as may be necessary, shall be expended to defray the costs of the Center for Advanced Vehicular Studies at Mississippi State University.................$ 3,500,000.00.
SECTION 45. It is the intention of the Legislature that the Presidents of Jackson State University, Mississippi State University, the University of Mississippi, and the University of Southern Mississippi may transfer funds of the subsidiary budgets at each university in an amount not to exceed five percent (5%) of the authorized budgets of each subsidiary budget to another subsidiary budget or to the general support of the university.
K-12 EDUCATION
SECTION 46. The following sums, or so much thereof as may be necessary, are hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of funding K-12 and other related educational activities, including certain agencies and programs, in the State of Mississippi, for the fiscal year beginning July 1, 2005, and ending June 30, 2006, as follows:
(a) To the State Board of Education for the purpose of defraying the expenses of the State Department of Education, and excluding the expenses of the Vocational and Technical Education Division$ 78,269,876.00.
(b) To the State Board of Education for the purpose of defraying the expenses of the Vocational and Technical Education Division of the State Department of Education......................................................
........................................... $ 73,509,633.00.
(c) To the State Board of Education for the purpose of paying annual compensation to the Chickasaw Cession counties for sixteenth section lands which they lost through sale by the state, as provided in Section 29-3-137 through 29-3-141, Mississippi Code of 1972................... $ 13,864,410.00.
(d) To the State Board of Education for defraying the expenses of the Mississippi Adequate Education Program.........................
........................................... $ 1,885,379,736.00.
(e) To the State Board of Education for the purpose of defraying the expenses of the Mississippi School for the Blind and the Mississippi School for the Deaf....................................... $ 10,940,908.00.
(f) To the Mississippi Authority for Educational Television for the purpose of defraying the expenses of the authority $ 6,033,840.00.
(g) To the Mississippi Library Commission for the support and maintenance of the commission and for carrying out the provisions of Section 39-3-107, Mississippi Code of 1972...................................................
........................................... $ 11,025,771.00.
TOTAL AMOUNT OF STATE GENERAL FUNDS APPROPRIATED
BY THIS SECTION BEING................. $ 2,079,024,174.00.
SECTION 47. The following sums, or so much thereof as may be necessary, are hereby appropriated out of any money in any special fund in the State Treasury to the credit of the proper fund or funds of the agencies or programs specified in the following paragraphs for the fiscal year beginning July 1, 2005, and ending June 30, 2006, as follows:
(a) To the State Board of Education for the purpose of defraying the expenses of the State Department of Education, and excluding the expenses of the Vocational and Technical Education Division$ 678,917,549.00.
(b) To the State Board of Education for the purpose of defraying the expenses of the Vocational and Technical Education Division of the State Department of Education......................................................
........................................... $ 24,073,829.00.
(c) To the State Board of Education for the purpose of defraying the expenses of the Mississippi Adequate Education Program$ 158,526,997.00.
(d) To the State Board of Education for the purpose of defraying the expenses of the Mississippi School for the Blind and the Mississippi School for the Deaf....................................... $ 994,031.00.
(e) To the Mississippi Authority for Educational Television for the purpose of defraying the expenses of the authority. $ 4,781,431.00.
(f) To the Mississippi Library Commission for the purpose of defraying the expenses of the commission.....................................
........................................... $ 2,888,926.00.
TOTAL AMOUNT OF SPECIAL FUNDS APPROPRIATED
BY THIS SECTION BEING................. $ 870,182,763.00.
STATE BOARD OF EDUCATION
SECTION 48. Of the funds appropriated under the provisions of Section 47 to the State Board of Education, Two Hundred Twenty-one Thousand Nine Hundred Fifty-four Dollars ($221,954.00), or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Health Care Expendable Fund to the State Department of Education for the purpose of defraying the expenses of the department for the Mississippi Eye Screening Program for providing vision safety services.
SECTION 49. Of the funds appropriated under the provisions of Section 47 to the State Board of Education, the following sums, or so much thereof as may be necessary, are derived out of any money in the State Treasury to the credit of the Education Enhancement Fund pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972, as follows:
(a) To the State Department of Education, and excluding the expenses of the Vocational and Technical Education Division, for the following purposes:
Grants to school districts for capital
facilities and buses..........$ 16,000,000.00.
Instructional materials............$ 21,826,648.00.
Tech prep bond service.............$ 3,221,400.00.
Implementing Performance Based Data
Collection and Accreditation
Model.........................$ 274,937.00.
World Class Teacher Program........$ 125,000.00.
Testing............................$ 226,413.00.
Education Technology Council.......$ 94,082.00.
TOTAL..............................$ 41,768,480.00.
(b) To the State Department of Education to defray the expenses of the Vocational and Technical Education Division....................
............................................... $ 7,863,746.00.
(c) To the State Department of Education to provide funding for the Mississippi Adequate Education Program.........................
............................................... $108,526,997.00.
SECTION 50. With the funds appropriated under the provisions of this act to the State Board of Education, the following positions are authorized to the State Department of Education, and excluding the expenses of the Vocational and Technical Education Division:
AUTHORIZED POSITIONS:
Permanent: Full Time............ 520
Part Time ............. 3
Time-Limited:Full Time............ 48
Part Time............ 0
FY2006
Performance Measures Target
Special Education
Approved Funding for Children (Persons) 87,897,368
Teacher Units Approved for Funding (Units) 4,672.39
Child Nutrition
Number of Meals Required (Millions) 121
Cost per Meal ($) 2.28
Special Projects
Building Projects Approved (Projects) 0
Project Approval Rate (%) 0
MS School For Math & Science
Students Enrolled (Persons) 270
Cost per Student ($) 15,717.03
Educational Accountability
Performance Accreditation Visits (Visits) 30
Tests Administered (Persons) 468,115
Compliance & Performance Reviews (Actions) 25
Educ Training & Development
Administrators Trained (Persons) 1,000
Administrators Trained (%) 0.35
Technical Assistance to School Districts (%) 92
Compensatory Education
Title I Projects Awarded (Programs) 152
Average Expenditure per Child ($) 612
Review & Approve Delinquent Prgs (Programs) 5
Community & Outreach Services
Requested Available Federal Funding (%) 100
MS School Attendance Officers
Resolutions to Referrals (%) 0.86
School Visits (Number of) 25,000
MS Teacher Center
Teachers Recruited in Shortage Areas (Number) 1,800
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 2007.
SECTION 52. 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:
FY2006
Performance Measures Target
Basic Program
Increase the number of students scoring basic
& above on the MS Curriculum Test in
grades 2-8, reading, language & math (%) 2.00
Increase the number of students achieving
the passing score on the History test (%) 0.08
Increase the number of students achieving
the passing score on the Biology test (%) 2.00
Increase the number of students achieving
the passing score on the Algebra test (%) 2.00
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 2007.
SECTION 53. Of the funds appropriated in Section 47, Forty-six Million Dollars ($46,000,000.00) shall be derived from the School Ad Valorem Reduction Fund.
No school district shall expend any funds, received under the School Ad Valorem Reduction Grant, unless such school district has specifically identified the amount of said grant within the published budget as required by Section 37-61-9, Mississippi Code of 1972. The published budget shall include the following statement: "Ad Valorem taxes will be $________ less as a result of the Ad Valorem Reduction Grants enacted by the Mississippi Legislature in 1992."
SECTION 54. Of the funds appropriated in Section 47 to the State Board of Education, Two Million One Hundred Thousand Dollars ($2,100,000.00) shall be derived from the Technology in Classroom Fund 3203 for the purpose of defraying the expenses of the State Department of Education, and excluding the expenses of the Vocational and Technical Education Division.
SECTION 55. Of the funds appropriated under the provisions of Section 47 to the State Board of Education, funds in the amount of One Million Nine Hundred Eighty-five Thousand Six Hundred Fifty-three Dollars ($1,985,653.00) shall come from income derived from the principal of the Education Improvement Trust Fund created by Section 206A, Mississippi Constitution of 1890, and One Million Nine Hundred Eighty-five Thousand Six Hundred Fifty-three Dollars ($1,985,653.00) shall be used for the School for Math and Science.
SECTION 56. With the funds appropriated under the provisions of this act to the State Board of Education, the following positions are authorized to the Vocational and Technical Education Division of the State Department of Education:
AUTHORIZED POSITIONS:
Permanent: Full Time.......... 63
Part Time.......... 0
Time-Limited:Full Time......... 3
Part Time......... 0
SECTION 57. 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:
FY2006
Performance Measures Target
Secondary Programs
Increase in Students Served (percent) 1
LEAs Served (Sites) 144
Post-secondary Programs
Short-Term Students Served (Persons) 679
Short-Term Adult Program Classes (Classes) 80
Short-Term Cost per Student (dollars) 45
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 2007.
SECTION 58. Of the funds appropriated under the provisions of this act to the State Board of Education, an amount not to exceed Two Hundred Twenty-nine Thousand Six Hundred Eighty-four Dollars ($229,684.00) is authorized for the support of vocational and technical education programs as authorized in Section 37-31-13, Mississippi Code of 1972, for a period in excess of ten (10) months in a calendar year.
SECTION 59. It is the intention of the Legislature that the Vocational and Technical Education Division of the State Department of Education shall, with the funds appropriated in Section 46 to the State Board of Education, transfer no more than One Hundred Thousand Dollars ($100,000.00) to the Mississippi Soil and Water Conservation Commission for the purpose of providing matching funds to purchase soil conservation equipment.
SECTION 60. Of the funds appropriated in this act to the State Board of Education, no more than One Hundred Thousand Dollars ($100,000.00) is provided for the purpose of supporting the Future Farmers of America Center.
SECTION 61. Of the funds provided in Section 46 to the State Board of Education for the purpose of providing financial assistance for the education of exceptional children as determined under Section 37-23-63, Mississippi Code of 1972, children who are certified by the designated authority as requiring inpatient care in a private intermediate care facility for the mentally retarded or psychiatric residential treatment facility, with Medicaid reimbursement, shall be eligible and entitled to receive state financial assistance under the provisions of Section 37-23-69, in an amount not to exceed Five Thousand Dollars ($5,000.00) from state funds, per child per school year, if an approved private school is operated as an integral part of the facility which provides twenty-four (24) hours a day monitoring, treatment and education, except that the State Department of Education is authorized to pilot a fee-for-service based cost system for children served through Millcreek Schools, Inc.
SECTION 62. Of the funds provided in Section 46 to the State Board of Education, Two Hundred Fifteen Thousand Five Hundred Twenty-nine Dollars ($215,529.00) shall be used to provide for a Director of School Nurses in the State Department of Education and the implementation of three (3) pilot projects for a variety of school health programs in an elementary school setting. Evaluations shall be developed to determine the program's effect to drop-out rates, suspensions, expulsions, attendance and test scores.
Income generated by the school-based clinics shall remain available for expenditure by the programs utilizing any special fund authority provided in Section 47 for use by the State Department of Education and the pilots shall remain the same as in Fiscal Year 2005.
SECTION 63. It is the intention of the Legislature that the State Department of Education shall have the authority to accept, budget and expend any source funds not to exceed Thirty Million Dollars ($30,000,000.00), that become available to the department to carry out the provisions of those funds in a manner consistent with the rules and regulations of the Department of Finance and Administration.
SECTION 64. The State Department of Education shall transfer the designated amounts to the appropriate entities, which shall assume full responsibility for the expenditure of these funds in accordance with state laws and accept all responsibility for any improper expenditure. For the following: National Guard Youth Challenge Program, World Class Teacher Programs, USM Special Education Program, Soil and Water Conservation Commission, Mississippi School Boards Association, Mississippi Eye Screening Program-Vision Research Corporation and Very Special Arts, Arts Institute, Jobs for Mississippi Graduates, and Mississippi Symphony, University of Southern Mississippi Safe Schools Program, Mississippi State University Center for Education Design, Writing and Thinking Institute and Greater Columbus Early Learning Center.
SECTION 65. Of the funds appropriated under the provisions of this act to the State Board of Education, the amount of Two Hundred Fifty-one Thousand Four Hundred Sixty Dollars ($251,460.00) is provided for the Walnut Grove Correctional Facility.
SECTION 66. Of the funds appropriated in Section 46 to the State Board of Education, the amounts of Two Hundred Fifty-one Thousand Four Hundred Sixty Dollars ($251,460.00) is provided for the Writing and Thinking Institute and Sixty-six Thousand Nine Hundred Seventy-three Dollars ($66,973.00) is provided for the Very Special Arts Program.
SECTION 67. Of the funds appropriated in this act to the State Board of Education, an amount not to exceed Six Hundred Fifty Thousand Dollars ($650,000.00) shall be used for technological methods for agricultural programs from the Vocational and Technical Education Division of the State Department of Education.
SECTION 68. Of the funds appropriated in Section 46 to the State Board of Education, an amount not to exceed Two Million Sixty-four Thousand Five Hundred Sixteen Dollars ($2,064,516.00) shall be transferred from the State Department of Education to the Mississippi National Guard for the support of the Youth Challenge Program at Camp Shelby.
SECTION 69. Of the funds appropriated under Section 46 to the State Board of Education, the sum of Sixty-two Thousand One Hundred Ninety-one Dollars ($62,191.00), which is the aggregate sum that the school districts in the Chickasaw Cession receive annually from interest payments from the Chickasaw School Fund under Section 212, Mississippi Constitution of 1890, shall be deducted from the allocations to the school districts as provided in Section 29-3-137, Mississippi Code of 1972, and shall be distributed among the school districts in the Chickasaw Cession by the State Department of Education in the manner that such interest payments were distributed during Fiscal Year 1985.
SECTION 70. Of the funds provided in this act to the State Board of Education for the purpose of funding the Mississippi Adequate Education Program as determined under Section 37-151-7, Mississippi Code of 1972, the base student cost in Fiscal Year 2006 shall be Three Thousand Eight Hundred Eighty-nine Dollars ($3,889.00).
SECTION 71. Of the funds appropriated in this act to the State Board of Education, an amount not more than Fifty Million Dollars ($50,000,000.00) shall be derived from the Interim School District Capital Expenditure Fund for the benefit of the school districts as authorized in Mississippi Code Annotated, Section 37-151-7 (5).
SECTION 72. With the funds appropriated under the provisions of this act to the State Board of Education, the following positions are authorized for the Mississippi School for the Blind and the Mississippi School for the Deaf:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 217
Part Time........... 32
Time-Limited:Full Time........... 1
Part Time........... 0
None of the funds provided in this act to the State Board of Education shall be expended to hire any person on a contractual basis, for any period for any purpose, without the express prior approval of the State Personnel Director. The State Personnel Director shall consider, in approving such contracts, the availability of funds, the need for services, compliance with the State Compensation Plan and the qualifications of the persons offering to perform the services. The State Fiscal Officer shall not pay any warrant that is in violation of this section.
SECTION 73. With the funds provided in this act to the State Board of Education, it is the intention of the Legislature that the academic teachers at the Mississippi School for the Deaf and the Mississippi School for the Blind shall receive their annual increment.
SECTION 74. The public school districts of the state are authorized at their discretion to pay with local funds one hundred percent (100%) of the cost of the health insurance premiums of the State and School Employees Health Insurance Plan for all retired members of the Public Employees' Retirement System who are employed as school bus drivers by the school districts. It is the intention of the Legislature that no state funds shall be used for this purpose.
SECTION 75. It is the intention of the Legislature that the State Department of Education is authorized to escalate or reescalate for Time-Limited positions where federal or special fund grants are available to fund such positions.
MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION
SECTION 76. With the funds appropriated under the provisions of this act to the Mississippi Authority for Educational Television, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 135
Part Time........... 0
Time-Limited:Full Time........... 6
Part Time........... 0
Funds appropriated herein shall first be used for the continuation of a full and complete broadcast schedule of educational and instructional, professional growth, and public service programs, with the production of new films and programs to be secondary thereto.
SECTION 77. 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:
FY2006
Performance Measures Target
Content Development
Number of locally produced TV programs 37
Number of locally produced Radio programs 36
Number of persons using other Educ Services 27,500
Technical Services
Number of transmitters on air (analog & DTV) 16
On air reliability (TV) 97.00
Activate multiple network delivery 3
Administration
Increase number of web site users 100
Number of agency personnel provided training 17
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 2007.
SECTION 78. Of the funds appropriated under the provisions of Section 47 to the Mississippi Authority for Educational Television, One Million Six Hundred Forty-four Thousand Sixty-seven Dollars ($1,644,067.00) shall be derived from the Education Enhancement Fund deposited pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972.
SECTION 79. No part of the funds appropriated in this act to the Mississippi Authority for Educational Television shall be transferred to, expended by, or used, directly or indirectly, for the benefit of any public relations, publicity or publication activities of any other state agency, department or officer, nor shall any personnel paid or equipment purchased with funds appropriated hereby be transferred or assigned to any other state agency, department or officer for public relations, publicity or publication activities of such office.
SECTION 80. It is the intention of the Legislature that the Mississippi Authority for Educational Television shall have the authority to expend funds in the Capital Equipment Replacement Revolving Fund, in accordance with Section 37-63-17, Mississippi Code of 1972, Annotated, for the purpose of purchasing technical equipment for operating the educational radio and television facilities.
SECTION 81. It is the intention of the Legislature that the Mississippi Authority for Educational Television shall have the authority to escalate its budget and expend funds from any source not to exceed Two Million Dollars ($2,000,000.00) in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
MISSISSIPPI LIBRARY COMMISSION
SECTION 82. Of the funds appropriated under the provisions of this act to the Mississippi Library Commission, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 56
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
Funds to be distributed to eligible public library systems under the Personnel Incentive Grants Program shall be paid quarterly in advance on or before September 30, December 31, March 31 and June 30.
SECTION 83. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2006
Performance Measures Target
Administrative Services
Avg Cost of Administering per Grant ($) 150
Executive Director's Office
Public Libraries Visited (Actions) 50
Library Aid
Grants Provided (# of Grants) 150
MAGNOLIA Database Searches (# Queries) 1,700,000
Network Services
Cost (per hour) for technical consulting 27
Public Services
Attendees satisfaction rating of cont ed prog 92
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 2007.
SECTION 84. Of the funds appropriated under the provisions of Section 47 to the Mississippi Library Commission, Four Hundred Ninety-three Thousand Eight Hundred Forty-seven Dollars ($493,847.00) shall be derived from the Education Enhancement Fund deposited pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972.
SECTION 85. It is the intention of the Legislature that the Mississippi Library Commission shall have the authority to escalate its budget and expend funds from any source not to exceed Three Million Dollars ($3,000,000.00) in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
SECTION 86. Of the funds appropriated in this act to the Mississippi Library Commission, not less than One Million Eighty-six Thousand Three Hundred Forty Dollars ($1,086,340.00) shall be expended for the Magnolia Database.
SECTION 87. It is the intention of the Legislature that no State General Funds authorized to be expended in this act 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.
With respect to agency programs whose operation is dependent on the receipt of federal funds, it is the intent of the Legislature, except as hereinafter provided, that no funds from the State General Fund be expended to administer, support or in any way continue such programs should federal funds for their operation be reduced or become unavailable and that no funds from the State General Fund available for expenditure under this act shall be used to replace federal funds in any major object of expenditure.
With the funds herein appropriated to the State Board of Education, the Mississippi Authority for Educational Television and the Mississippi Library Commission, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2007 do not exceed Fiscal Year 2006 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2007 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2006 appropriation for "Personal Services" when annualized, with the exception of escalated funds. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2006 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
The agency shall not take any action to award salary increases through reallocation, reclassification, realignment, education benchmark or career ladder, except for the award of teacher pay increases.
SECTION 88. It is the intention of the Legislature that the State Board of Education, Authority for Educational Television, and the Mississippi Library Commission, shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under the provisions of this act and that such records shall be in the same format and level of details as maintained for Fiscal Year 2005. It is further the intention of the Legislature that the budget requests for Fiscal Year 2007 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 2006 budget request process for each agency and institution appropriated funds within the provisions of this act.
SECTION 89. The money herein appropriated shall be paid by the State Treasurer out of any money in 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 90. This act shall take effect and be in force from and after July 1, 2005.