MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Appropriations

By: Representatives Read, Bennett, Banks, Barton, Boyd, Busby, Clark, Clarke, Criswell, Currie, Eure, Haney, Jackson, Sanford, Watson, Young

House Bill 1388

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION FOR THE FISCAL YEAR 2022.

     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 appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Authority for Educational Television for the fiscal year beginning July 1, 2021, and ending June 30, 2022 $     3,986,808.00.

SECTION 2.  The following sum, or so much thereof as may be necessary, is appropriated out of any money in the special fund in the State Treasury to the credit of the Mississippi Authority for Educational Television which is comprised of special source funds collected by or otherwise available to the Authority, for the purpose of defraying the expenses of the Authority for the fiscal year beginning July 1, 2021, and ending June 30, 2022...........................................

............................................ $     8,916,173.00.

SECTION 3.  Of the funds appropriated under the provisions of Section 1 and Section 2, the following positions are authorized:

  AUTHORIZED POSITIONS:

Permanent:     Full Time............       86

Part Time............        0

Time-Limited:  Full Time............        9

Part Time............        0

     With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2023 do not exceed Fiscal Year 2022 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2022 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.  Absent a special situation or circumstance approved by the State Personnel Board, or unless otherwise authorized by this act, no state agency shall take any action to promote or otherwise award salary increases through reallocation or realignment.  If the State Personnel Board determines a special situation or circumstance exists and approves an action, then the agency and the State Personnel Board shall provide a monthly report of each action approved by the State Personnel Board to the chairmen of the Accountability, Efficiency and Transparency Committees of the Senate and House of Representatives and the chairmen of the Appropriations Committees of the Senate and House of Representatives.  It shall be the responsibility of the agency head to ensure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2022 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of benchmarks.  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 2022 "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.

     No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

     None of the funds herein appropriated shall be used in violation of Internal Revenue Service’s Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.

     Funds have been appropriated herein for the purpose of implementation and funding Project SEC2 of the Colonel Guy Groff State Variable Compensation Plan beginning January 1, 2022, and ending June 30, 2022.  It shall be the agency’s responsibility to make certain that each person, excluding executive directors, agency heads, and elected judges, shall receive no more than a 3% annual increase in salary which shall not exceed the market rate established by the State Personnel Board pursuant to the Colonel Guy Groff State Variable Compensation Plan for each classification.

     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 4.  It is the intention of the Legislature that the Mississippi Authority for Educational Television shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2021.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2023 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 2022 budget request process.

     SECTION 5.  Of the funds appropriated under the provisions of Section 2, Two Million One Hundred Eighteen Thousand Nine Hundred Sixty-six Dollars ($2,118,966.00) shall be derived from the Education Enhancement Fund deposited pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972.

     SECTION 6.  No part of the funds appropriated herein 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 7.  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, for the purpose of purchasing technical equipment for operating the educational radio and television facilities.

     SECTION 8.  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:

                                                          FY2022

Performance Measures                                       Target

Content Operations

     Locally produced TV programs (Number of)                 150

     Locally produced radio programs (Number of)             1,092

     Monthly average number of web site users

          (Number of)                                       4,500

     New programs produced and broadcast

          related to Fit to Eat programming

          (Number of)                                         13

     Increase in visitors viewing the Healthy

          Living related items on MPB site (%)               31.00

     Radio broadcasts and TV alerts during

          times of emergency (%)                           100.00

Education Services

     Increase in users using MPB Education

          online resources for Pre-K children and

          families (%)                                      15.00

     Students served by the Digital Education

          Network (DEN) Classroom (Number of)                2,000

     School Districts participating in the

          DEN Classroom (Number of)                            30

     Teachers taking e-Learning courses

          (Number of)                                       1,200

     Teacher Continuing Education Units

          (CEUs) provided by e-Learning courses

          offered (Number of)                                 400

     Increase of visitors to the MPB

          Education website (%)                             20.00

     Rotary clubs sponsoring with MPB (Number of)               20

     Early childhood educators attending MPB

          resource workshops involving PBS and MPB

          programs/content (Number of)                        250

     Childcare centers using PBS content

          (Number of)                                         30

     Parents participating in Parents Are

          Teachers Too (PATT) initiative (Number

          of)                                                300

Technical Services

     Transmitters on air (Number of)                            8

     On-air reliability (%)                                 99.95

     IT Help Desk orders filled (Number of)                   600

Administration

     Community engagements/outreach events

          including virtual engagements (Number

          of)                                                125

     State agency partners (Number of)                         40

     New grant dollars acquired ($)                     75,000.00

     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 2023.

     SECTION 9.  It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference.  A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.

     SECTION 10.  It is the intention of the Legislature that an amount equal to One Dollar and Fifty Cents ($1.50) per square foot shall be paid to the Executive Office of the State Board of Institutions of Higher Learning to defray utility costs.

     SECTION 11.  It is the intention of the Legislature that the Authority for Educational Television may fund a program to focus on the manufacturing industry in Mississippi.

SECTION 12.  Of the funds in Section 2, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Capital Expense Fund, for the purpose of tower maintenance and upgrades of the Educational Television Authority for the fiscal year beginning July 1, 2021, and ending June 30, 2022  $  2,000,000.00.

     SECTION 13.  Mississippi Authority for Educational Television is authorized to accept and expend any grant, donation, or contribution from any individual, public, or private organization, or government entity for purposes of defraying the operational costs of the department. Such grants, donations or contributions shall be received and expended under the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds not to exceed Two Million Dollars ($2,000,000.00).

     SECTION 14.  The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.

     SECTION 15.  This act shall take effect and be in force from and after July 1, 2021.