MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Universities and Colleges; Revenue and Expenditure General Bills
By: Representative Scott
AN ACT TO PROVIDE THAT ANY NURSING SCHOOL OR DEGREE PROGRAM AT A STATE INSTITUTION OF HIGHER LEARNING OR A PUBLIC COMMUNITY OR JUNIOR COLLEGE IN MISSISSIPPI THAT HAS AN ENROLLMENT OF 100% DURING THE 2015-2016 ACADEMIC YEAR IS ELIGIBLE FOR STATE FUNDING TO HIRE UP TO FOUR ADDITIONAL FACULTY MEMBERS FOR THE NURSING SCHOOL OR PROGRAM BEGINNING WITH THE 2016-2017 ACADEMIC YEAR; TO PROVIDE THAT IN ORDER TO RECEIVE THIS FUNDING, A NURSING SCHOOL OR PROGRAM MUST INCREASE ITS ENROLLMENT PROPORTIONATELY FOR EACH ADDITIONAL FACULTY MEMBER HIRED WITH THE FUNDING; TO AMEND SECTIONS 37-4-3, 37-115-51 AND 37-129-1, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO AMEND SECTION 71-5-353, MISSISSIPPI CODE OF 1972, TO EXPAND THE PURPOSES FOR WHICH MONIES IN THE MISSISSIPPI WORKFORCE ENHANCEMENT TRAINING FUND MAY BE EXPENDED TO INCLUDE FUNDING TO NURSING SCHOOLS AND DEGREE PROGRAMS AT STATE INSTITUTIONS OF HIGHER LEARNING AND AT PUBLIC COMMUNITY AND JUNIOR COLLEGES TO HIRE ADDITIONAL FACULTY MEMBERS FOR THE NURSING SCHOOL OR PROGRAM AS PROVIDED IN THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Any nursing school or degree program at a state institution of higher learning or a public community or junior college in Mississippi that has an enrollment of one hundred percent (100%) during the 2015-2016 academic year is eligible for funding from the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board or the State Department of Education, as the case may be, to hire up to four (4) additional faculty members for the nursing school or program beginning with the 2016-2017 academic year. In order to receive the funding under this section, a nursing school or program must increase the enrollment at the school or program proportionately for each additional faculty member hired with this funding.
(2) The Legislature shall appropriate or otherwise make available to the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board and the State Department of Education the funds that are necessary to implement the provisions of subsection (1) of this section.
SECTION 2. Section 37-4-3, Mississippi Code of 1972, is amended as follows:
37-4-3. (1) From and after July 1, 1986, there shall be a Mississippi Community College Board which shall receive and distribute funds appropriated by the Legislature for the use of the public community and junior colleges and funds from federal and other sources that are transmitted through the state governmental organization for use by * * * those colleges. This board shall provide general coordination of the public community and junior colleges, assemble reports and such other duties as may be prescribed by law.
(2) The board shall consist of ten (10) members of which none shall be an elected official and none shall be engaged in the educational profession. The Governor shall appoint two (2) members from the First Mississippi Congressional District, one (1) who shall serve an initial term of two (2) years and one (1) who shall serve an initial term of five (5) years; two (2) members from the Second Mississippi Congressional District, one (1) who shall serve an initial term of five (5) years and one (1) who shall serve an initial term of three (3) years; and two (2) members from the Third Mississippi Congressional District, one (1) who shall serve an initial term of four (4) years and one (1) who shall serve an initial term of two (2) years; two (2) members from the Fourth Mississippi Congressional District, one (1) who shall serve an initial term of three (3) years and one (1) who shall serve an initial term of four (4) years; and two (2) members from the Fifth Mississippi Congressional District, one (1) who shall serve an initial term of five (5) years and one (1) who shall serve an initial term of two (2) years. All subsequent appointments shall be for a term of six (6) years and continue until their successors are appointed and qualify. An appointment to fill a vacancy which arises for reasons other than by expiration of a term of office shall be for the unexpired term only. No two (2) appointees shall reside in the same junior college district. All members shall be appointed with the advice and consent of the Senate.
(3) There shall be a chairman and vice chairman of the board, elected by and from the membership of the board; and the chairman shall be the presiding officer of the board. The board shall adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business.
(4) The members of the board shall receive no annual salary, but shall receive per diem compensation as authorized by Section 25-3-69, Mississippi Code of 1972, for each day devoted to the discharge of official board duties and shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by Section 25-3-41, Mississippi Code of 1972.
(5) The board shall name a director for the state system of public junior and community colleges, who shall serve at the pleasure of the board. Such director shall be the chief executive officer of the board, give direction to the board staff, carry out the policies set forth by the board, and work with the presidents of the several community and junior colleges to assist them in carrying out the mandates of the several boards of trustees and in functioning within the state system and policies established by the Mississippi Community College Board. The Mississippi Community College Board shall set the salary of the director of the board. The Legislature shall provide adequate funds for the Mississippi Community College Board, its activities and its staff.
(6) The powers and duties of the Mississippi Community College Board shall be:
(a) To authorize disbursements of state appropriated funds to community and junior colleges through orders in the minutes of the board.
(b) To make studies of the needs of the state as they relate to the mission of the community and junior colleges.
(c) To approve new, changes to and deletions of vocational and technical programs to the various colleges.
(d) To require community and junior colleges to supply such information as the board may request and compile, publish and make available such reports based thereon as the board may deem advisable.
(e) To approve proposed new attendance centers (campus locations) as the local boards of trustees should determine to be in the best interest of the district. Provided, however, that no new community/junior college branch campus shall be approved without an authorizing act of the Legislature.
(f) To serve as the state approving agency for federal funds for proposed contracts to borrow money for the purpose of acquiring land, erecting, repairing, etc., dormitories, dwellings or apartments for students and/or faculty, such loans to be paid from revenue produced by such facilities as requested by local boards of trustees.
(g) To approve applications from community and junior colleges for state funds for vocational-technical education facilities.
(h) To approve any university branch campus offering lower undergraduate level courses for credit.
(i) To appoint members to the Post-Secondary Educational Assistance Board.
(j) To appoint members to the Authority for Educational Television.
(k) To contract with other boards, commissions, governmental entities, foundations, corporations or individuals for programs, services, grants and awards when such are needed for the operation and development of the state public community and junior college system.
(l) To fix standards for community and junior colleges to qualify for appropriations, and qualifications for community and junior college teachers.
(m) To have sign-off approval on the State Plan for Vocational Education which is developed in cooperation with appropriate units of the State Department of Education.
(n) To approve or disapprove of any proposed inclusion within municipal corporate limits of state-owned buildings and grounds of any community college or junior college and to approve or disapprove of land use development, zoning requirements, building codes and delivery of governmental services applicable to state-owned buildings and grounds of any community college or junior college. Any agreement by a local board of trustees of a community college or junior college to annexation of state-owned property or other conditions described in this paragraph shall be void unless approved by the board and by the board of supervisors of the county in which the state-owned property is located.
(o) Under the provisions of Section 1 of this act, provide funding to nursing schools and degree programs at public community and junior colleges to hire additional faculty members for the nursing school or program, and require any nursing school or program that receives the funding to increase the enrollment at the school or program proportionately for each additional faculty member hired with the funding.
SECTION 3. Section 37-115-51, Mississippi Code of 1972, is amended as follows:
37-115-51. The Legislature * * *
finds that there is great
need of additional and better trained nurses in Mississippi and the purpose of
this section is to meet that need to the extent * * * provided in this section.
The board of trustees of
state institutions of higher learning * * * shall
establish a school of nursing at the University of Mississippi under the
jurisdiction of the dean of the school of medicine or such other authority as * * *
the board of trustees
may determine, and other regularly constituted administrative authorities of
the university.
* * * The board of trustees shall provide
for * * * the
school, such buildings and equipment, and such teaching staff and other
personnel as may be deemed appropriate for the establishment and operation of * * *
the school of nursing
and for the performance of the other functions * * * provided for in this section, all
of which shall, however, be done within the appropriations made for * * *
those purposes.
* * * The school of nursing shall, under
the direction and supervision of the dean of the school of medicine and the
other regularly constituted administrative authorities of the university and of * * *
the board of trustees
and under curricula to be prescribed by * * * the board, and beginning each of
its functions at such time as may be determined by * * * the board, carry on a teaching
course, looking to the conferring of bachelor's or master's degrees in
nursing.
* * * The school of nursing shall be
under the same direction, supervision, control and conditions as set forth in
the fourth paragraph * * * of
this section, have authority, in its discretion, to arrange and contract
with hospitals, hospital schools of nursing or other similar institutions, for
students in the school of nursing to take clinical training and practice in * * *
those institutions.
It * * * also may contract with hospitals,
hospital schools of nursing or other similar institutions with respect to
providing to any such institution instructors or instruction services from the
university school of nursing upon full or part time basis and upon such basis
of compensation or reimbursement of costs as may be deemed reasonable and
proper in view of the public interests involved.
Under the same supervision,
direction, control and conditions as are set forth in the fourth paragraph * * *
of this section,
the school of nursing shall also administer such scholarship programs in
nursing education and such activities with respect to recruitment of nursing
students and counseling work with such students and prospective students as may
be provided for by the Legislature from time to time.
The school of nursing at the University of Mississippi is eligible for funding to hire additional faculty members under the provisions of Section 1 of this act.
SECTION 4. Section 37-129-1, Mississippi Code of 1972, is amended as follows:
37-129-1. In addition to
all other powers and duties now vested by law in the Board of Trustees of State
Institutions of Higher Learning of the State of Mississippi, * * *
the board * * * shall:
(a) Establish by rules
and regulations and promulgate uniform standards for accreditation of schools
of nursing in the State of Mississippi (i) insofar as concerns the eligibility
of graduates of * * * those
schools to take the examination prescribed by law to become registered nurses
authorized to practice the profession of nursing as registered nurses in
Mississippi, and (ii) insofar as concerns student nurses attending * * *
those schools being
eligible to participate in any student nurse scholarship program or other
program of assistance now existing or hereafter established by legislative
enactment;
(b) Issue to * * *
those schools of
nursing upon an annual basis certificates of accreditation as may be proper
under * * * those
standards;
(c) Administer any scholarship program or other program of assistance heretofore or hereafter established by legislative enactment for the benefit of students attending accredited schools of nursing in this state;
(d) Administer any
other funds available or * * * which that may be made available for the promotion of
nursing education in the state, with the exception of nursing faculty
supplement funds to the public community and junior colleges, which
funds shall be appropriated to and administered by the * * * Mississippi Community College Board;
(e) Adopt rules and
regulations to provide that a nurse in training may, during the two-year period
in an approved hospital, be allowed to transfer at any time with full credit
after six (6) months in training, to any other hospital of her choice at which
there is a vacancy; suitable provision shall be made to protect him or
her against coercion or intimidation concerning such a contemplated transfer * * *;
(f) Under the provisions of Section 1 of this act, provide funding to nursing schools and degree programs at state institutions of higher learning to hire additional faculty members for the nursing school or program, and require any nursing school or program that receives the funding to increase the enrollment at the school or program proportionately for each additional faculty member hired with the funding.
In addition to other powers
now vested by law in the Board of Trustees of State Institutions of Higher
Learning, * * * the
board * * * may establish and maintain a nurse-midwifery
education program that meets the accreditation standards of the American
College of Nurse-Midwives at a state institution of higher learning under the
jurisdiction of the board of trustees.
In order to implement
paragraph (d) above, the Board of Trustees of State Institutions of Higher
Learning * * * shall arrange and contract with
hospitals, senior colleges and hospital schools of nursing for the financial
support of programs of nursing education. The * * * board * * * may adopt * * *
any terms for
contracts, and * * * any
rules and regulations for reimbursing contracting agencies for costs of
instruction in schools of nursing as may be feasible in accordance with
appropriations made by the Legislature for this purpose. However, no
reimbursement may be made to contracting agencies in excess of the actual cost
of instruction in the schools of nursing.
In addition to the powers
now vested by law in the Board of Trustees of State Institutions of Higher
Learning and subject to the availability of funds specifically appropriated
therefor, * * * the
board * * * shall conduct a one-year feasibility
study and comprehensive plan for nursing schools in Mississippi * * *
that addresses the
concept of shared utilization of clinical simulation laboratories for all
Mississippi schools of nursing in order to provide computerized interactive
learning capabilities for all schools, utilizing the pooled resources or mobile
capability models from other states. The completed plan shall be developed and
a report made to the 2009 Regular Session on or before December 1, 2008.
No provision of this section shall be construed to authorize any department, agency, officer or employee of the State of Mississippi to exercise any controls over the admissions policy of any private educational institution offering a baccalaureate degree in nursing.
SECTION 5. Section 71-5-353, Mississippi Code of 1972, is amended as follows:
71-5-353. (1) (a) Each employer shall pay unemployment insurance contributions equal to five and four-tenths percent (5.4%) of taxable wages paid by him each calendar year, except as may be otherwise provided in Section 71-5-361 and except that each newly subject employer shall pay unemployment insurance contributions at the rate of one percent (1%) of taxable wages, for his first year of liability, one and one-tenth percent (1.1%) of taxable wages for his second year of liability, and one and two-tenths percent (1.2%) of taxable wages for his third and subsequent years of liability unless the employer's experience-rating record has been chargeable throughout at least the twelve (12) consecutive calendar months ending on the most recent computation date at the time the rate for a year is determined; thereafter the employer's contribution rate shall be determined in accordance with the provisions of Section 71-5-355.
(b) Notwithstanding the newly subject employer contribution rate provided for in paragraph (a) of this subsection, the contribution rate of all newly subject employers shall be reduced by seven one-hundredths of one percent (.07%) for calendar year 2013 only. The contribution rate of all newly subject employers shall be reduced by three one-hundredths of one percent (.03%) for calendar year 2014 only. For purposes of this chapter, "newly subject employers" means employers whose unemployment insurance experience-rating record has not been chargeable throughout at least the twelve (12) consecutive calendar months ending on the most recent computation date at the time the contribution rate for a year is determined.
(2) (a) (i) There is hereby created in the Treasury of the State of Mississippi a special fund to be known as the "Mississippi Workforce Enhancement Training Fund," which consists of funds collected pursuant to subsection (3) of this section.
(ii) Funds collected shall initially be deposited into the Mississippi Department of Employment Security bank account for clearing contribution collections and subsequently appropriate amounts shall be transferred to the Mississippi Workforce Investment and Training Fund Holding Account described in Section 71-5-453. In the event any employer pays an amount insufficient to cover the total contributions due, the amounts due shall be satisfied in the following order:
1. Unemployment contributions;
2. Mississippi Workforce Enhancement Training Fund contributions for calendar year 2013 and prior years;
3. Mississippi Workforce Enhancement Training contributions and State Workforce Investment contributions after calendar year 2013, on a pro rata basis;
4. Interest and damages; then
5. Legal and processing costs.
The amount of unemployment insurance contributions due for any period will be the amount due according to the actual computations unless the employer is participating in the MLPP. In that event, the amount due is the MLPP amount computed by the department.
Cost of collection and administration of the Mississippi Workforce Enhancement Training Fund contribution and the State Workforce Investment contribution shall be allocated based on a plan approved by the United States Department of Labor (USDOL) and shall be paid to the Mississippi Department of Employment Security semiannually by the Mississippi Community College Board and the State Workforce Investment Board with the cost allocated to each based on a USDOL approved plan on a pro rata basis, for periods ending in December and June of each year. Payment shall be made to the department no later than sixty (60) days after the billing date. Cost shall be allocated to the Mississippi Workforce Enhancement Training Fund and the State Workforce Investment Board bank account on the same basis as the distribution of funds collected as described in paragraph (b) of this subsection.
(b) Mississippi Workforce Enhancement Training contributions and State Workforce Investment contributions shall be distributed as follows:
(i) For calendar year 2014, ninety-four and seventy-five one-hundredths percent (94.75%) shall be distributed to the Mississippi Workforce Enhancement Training Fund and the remainder shall be distributed to the State Workforce Investment Board bank account;
(ii) For calendar years subsequent to calendar year 2014, ninety-three and seventy-five one-hundredths percent (93.75%) shall be distributed to the Mississippi Workforce Enhancement Training Fund and the remainder shall be distributed to the State Workforce Investment Board bank account.
(c) All monies collected will be initially deposited into the Mississippi Department of Employment Security bank account for clearing contribution collections and subsequently transferred to the Workforce Investment and Training Holding Account and will be held by the Mississippi Department of Employment Security in such account for a period of not less than thirty (30) days. After such period, the Mississippi Workforce Enhancement Training Fund monies shall be transferred to the Mississippi Community College Board Treasury Account, and the State Workforce Investment Board bank account monies shall be transferred to the State Workforce Investment Board bank account, in the manner described in paragraph (b) of this subsection and within the time frame determined by the department; however, except in cases of extraordinary circumstances, these funds shall be transferred within fifteen (15) days. Interest earnings or interest credits on deposit amounts in the Workforce Investment and Training bank account shall be retained in the account to pay the banking costs of the account. If after the period of twelve (12) months interest earnings less banking costs exceeds Ten Thousand Dollars ($10,000.00), such excess amounts shall be transferred to the respective accounts within thirty (30) days following the end of each calendar year on the basis described in paragraph (b) of this subsection.
(d) All enforcement procedures for the collection of delinquent unemployment contributions contained in Sections 71-5-363 through 71-5-383 shall be applicable in all respects for collections of delinquent unemployment insurance contributions designated for the Unemployment Compensation Fund, the Mississippi Workforce Enhancement Training Fund and the State Workforce Investment Board bank account.
(e) (i) Except as otherwise provided for in this subparagraph (i), all monies deposited into the Mississippi Workforce Enhancement Training Fund treasury account shall be utilized exclusively by the Mississippi Community College Board in accordance with the Workforce Training Act of 1994 (Section 37-153-1 et seq.) and the annual plan developed by the State Workforce Investment Board for the following purposes: to provide training at no charge to employers and employees in order to enhance employee productivity. Such training may be subject to a minimal administrative fee to be paid from the Mississippi Workforce Enhancement Training Fund as established by the State Workforce Investment Board subject to the advice of the Mississippi Community College Board. The initial priority of these funds shall be for the benefit of existing businesses located within the state. Employers may request training for existing employees and/or newly hired employees from the Mississippi Community College Board. The Mississippi Community College Board will be responsible for approving the training. A portion of the funds collected for the Mississippi Workforce Enhancement Training Fund shall be used for the development of performance measures to measure the effectiveness of the use of the Mississippi Workforce Enhancement Training Fund dollars. These performance measures shall be uniform for all community colleges and shall be reported to the Governor, Lieutenant Governor and members of the Legislature. Nothing in this section or elsewhere in law shall be interpreted as giving the State Workforce Investment Board authority to direct the Mississippi Community College Board or individual community or junior colleges on how to expend money for workforce training, whether such money comes from the Mississippi Workforce Enhancement Training Fund, is appropriated by the Legislature to the Mississippi Community College Board for workforce training or comes from other sources. The Mississippi Community College Board, individual community or junior colleges and the State Workforce Investment Board shall cooperate with each other and with other state agencies to promote effective workforce training in Mississippi. Any subsequent changes to these performance measures shall also be reported to the Governor, Lieutenant Governor and members of the Legislature. A performance report for each community college, based upon these measures, shall be submitted annually to the Governor, Lieutenant Governor and members of the Legislature.
(ii) All funds deposited into the State Workforce Investment Board bank account shall be used for administration of State Workforce Investment Board business, grants related to training, and other projects as determined appropriate by the State Workforce Investment Board and shall be nonexpiring. Policies for grants and other projects shall be approved through a majority vote of the State Workforce Investment Board.
(iii) 1. The Department of Employment Security shall be the fiscal agent for the receipt and disbursement of all funds in the State Workforce Investment Board bank account.
2. In managing the State Workforce Investment Board bank account, the department shall ensure that any funds expended for contractual services rendered to the State Workforce Investment Board shall be paid only to service providers who have been selected on a competitive basis. Any contract for services entered into using funds from the Workforce Investment Fund bank account shall contain the deliverables stated in terms that allow for the assessment of work performance against measurable performance standards and shall include milestones for completion of each deliverable under the contract. For each contract for services entered into by the State Workforce Investment Board, the board shall develop a quality assurance surveillance plan that specifies quality control obligations of the contractor as well as measurable inspection and acceptance criteria corresponding to the performance standards contained in the contract's statement of work.
3. Any commodities procured for the board shall be procured in accordance with the provisions of Section 31-7-13.
(iv) In addition to other expenditures, the department shall expend from the State Workforce Investment Board bank account for the use and benefit of the State Workforce Investment Board, such funds as are necessary to prepare and develop a study of workforce development needs that will consist of the following:
1. An identification of the state's workforce development needs through a well-documented quantitative and qualitative analysis of:
a. The current and projected workforce training needs of existing and identified potential Mississippi industries, with priority given to assessing the needs of existing in-state industry and business. Where possible, the analysis should include a verification and expansion of existing information previously developed by workforce training and service providers, as well as analysis of existing workforce data, such as the data collected through the Statewide Longitudinal Data System.
b. The needs of the state's workers and residents requiring additional workforce training to improve their work skills in order to compete for better employment opportunities, including a priority-based analysis of the critical factors currently limiting the state's ability to provide a trained and ready workforce.
c. The needs of workforce service and training providers in improving their ability to offer industry-relevant training, including an assessment of the practical limits of keeping training programs on the leading edge and eliminating those programs with marginal workforce relevance.
2. An assessment of Mississippi's current workforce development service delivery structure relative to the needs quantified in this subparagraph, including:
a. Development of a list of strengths/weaknesses/opportunities/threats (SWOT) of the current workforce development delivery system relative to the identified needs;
b. Identification of strategic options for workforce development services based on the results of the SWOT analysis; and
c. Development of results-oriented measures for each option that can be baselined and, if implemented, tracked over time, with quantifiable milestones and goals.
3.
Preparation of a report presenting all subjects set out in this subparagraph to
be delivered to the Lieutenant Governor, Speaker of the House of
Representatives, Chairman of the Senate Finance Committee and Chairman of the
House Appropriations Committee no later than February 1, * * * 2016.
4. Following the preparation of the report, the State Workforce Investment Board shall make a recommendation to the House and Senate Appropriations Committees on future uses of funds deposited to the State Workforce Investment Fund account. Such future uses may include:
a. The development of promotion strategies for workforce development programs;
b.
Initiatives designed to reduce the state's dropout rate including the
development of a statewide career awareness program * * *;
c. The long-term monitoring of the state's workforce development programs to determine whether they are addressing the needs of business, industry, and the workers of the state; and
d. The study of the potential restructuring of the state's workforce programs and delivery systems.
(v) In addition to the other purposes prescribed in this paragraph (e) for which the monies in the Mississippi Workforce Enhancement Training Fund may be expended, monies in the fund may be appropriated by the Legislature to provide funding to nursing schools and degree programs at state institutions of higher learning and at public community and junior colleges to hire additional faculty members for the nursing school or program, as provided in Section 1 of this act.
(3) (a) (i) Mississippi Workforce Enhancement Training contributions and State Workforce Investment contributions shall be collected at the following rates:
1. For calendar year 2014 only, the rate of nineteen one-hundredths of one percent (.19%) based upon taxable wages; and
2. For calendar years subsequent to calendar year 2014, at a rate of sixteen one-hundredths of one percent (.16%), based upon taxable wages.
(ii) The contribution rate to the Mississippi Workforce Enhancement Training Fund for calendar year 2013 only shall be twenty-two one-hundredths of one percent (.22%).
(iii) The Mississippi Workforce Enhancement Training Fund contribution and the State Workforce Investment contribution shall be in addition to the general experience rate plus the individual experience rate of all employers but shall not be charged to reimbursing or rate-paying political subdivisions or institutions of higher learning, or reimbursing nonprofit organizations, as described in Sections 71-5-357 and 71-5-359.
(b) All Mississippi Workforce Enhancement Training contributions and State Workforce Investment contributions collected shall be deposited initially into the Mississippi Department of Employment Security bank account for clearing contribution collections and shall within two (2) business days be transferred to the Workforce Investment and Training Holding Account. Any Mississippi Workforce Enhancement Training Fund and/or State Workforce Investment Board bank account transactions from the Mississippi Department of Employment Security bank account for clearing contribution collections that are deposited into the Workforce Investment and Training Fund Holding Account and are not honored by a financial institution will be transferred back to the Mississippi Department of Employment Security bank account for clearing contribution collections out of funds in the Mississippi Workforce Investment and Training Fund Holding Account.
(c) Suspension of the Workforce Enhancement Training Fund contributions required pursuant to this chapter shall occur if the insured unemployment rate exceeds an average of five and five-tenths percent (5.5%) for the three (3) consecutive months immediately preceding the effective date of the new rate year and shall remain suspended throughout the duration of that rate year. Such suspension shall continue until such time as the three (3) consecutive months immediately preceding the effective date of any subsequent rate year has an insured unemployment rate of less than an average of four and five-tenths percent (4.5%).
(4) All collections due or accrued prior to any suspension of the Mississippi Workforce Enhancement Training Fund will be collected based upon the law at the time the contributions accrued, regardless of when they are actually collected.
SECTION 6. This act shall take effect and be in force from and after July 1, 2016.