MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Appropriations

By: Senator(s) Hopson, Polk, Parks, DeBar, Simmons (13th), Williams

Senate Bill 3002

(As Passed the Senate)

AN ACT MAKING AN APPROPRIATION TO THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING FOR SUPPORT OF THE EIGHT UNIVERSITIES FOR FISCAL YEAR 2023.

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

SECTION 1.  The following sum of money, 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, affirmative action plan, interest funds and repairs at the state-supported institutions of higher learning; for support of Alcorn State University, Delta State University, Jackson State University, Mississippi State University, Mississippi University for Women, Mississippi Valley State University, University of Mississippi, and University of Southern Mississippi, for the fiscal year beginning July 1, 2022, and ending June 30, 2023................................ $   301,607,711.00.

SECTION 2.  The following sum of money, or so much thereof as may be necessary, is hereby appropriated out of the proceeds from any federal, student fees or other special source funds not otherwise appropriated, to the Board of Trustees of State Institutions of Higher Learning for the purpose of support of education and general operations of Alcorn State University, Delta State University, Jackson State University, Mississippi State University, Mississippi University for Women, Mississippi Valley State University, University of Mississippi, and University of Southern Mississippi, for the fiscal year beginning July 1, 2022, and ending June 30, 2023................................ $   947,724,271.00.

     SECTION 3.  The following sums, or so much thereof as may be necessary, are hereby appropriated out of any money in the Ayers Endowment Interest Fund, State Treasury Fund No. 3325800000, for the purposes as set out by the courts in the Ayers Case for the fiscal year beginning July 1, 2022, and ending June 30, 2023:

Alcorn State University................... $      254,700.00

Jackson State University.................. $      390,600.00

Mississippi Valley State University........ $      254,700.00

     SECTION 4.  Of the funds appropriated under the provisions of Section 2, the amount of One Million Six Hundred Fifteen Thousand Nine Hundred Three Dollars ($1,615,903.00) shall be derived from unexpended balances in the Ayers program funds provided for the purpose in prior-year appropriations enacted by The Mississippi Legislature.  These funds are to be allocated as follows:

Jackson State University.................. $    1,165,697.00

Alcorn State University................... $        3,275.00

Mississippi Valley State University........ $      446,931.00

     SECTION 5.  It is the intention 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 ensure that the off-campus centers are not charged with any indirect or overhead cost prorated from any on-campus activity.  It is the intention of the Legislature that the on-campus operations charge the off-campus centers with only actual direct charges.

     SECTION 6.  Of the funds appropriated in Section 1 of this act, the amount of One Hundred Forty-five Thousand Dollars ($145,000.00) 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 two-week tuition-free program.

     SECTION 7.  Of the funds appropriated in Section 1 of this act, the amount of Three Hundred Forty-nine Thousand Two Hundred Dollars ($349,200.00) shall be used for the promotion and expenses of the Teacher Corps.

     SECTION 8.  It is the intent of the Legislature that no general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

     SECTION 9.  Of the funds appropriated in Section 1 of this act, the following amounts shall be used as set forth:

          (a)  For Mississippi State University as interest

              on agricultural land script fund and

              interest on sale of university land, the

sum of............................ $     14,387.00

          (b)  For the University of Mississippi as

              interest on original seminary fund, the

sum of............................ $     32,643.00

          (c)  For the University of Mississippi as

              interest on 1904 land grant fund, the

sum of........................... $       9,965.00

          (d)  For the University of Mississippi as

              interest on LaBauve Fund, the sum

of............................... $       1,420.00

          (e)  For Mississippi University for Women

              as interest on funds paid into the

              State Treasury as proceeds of sale of

               land donated to the Industrial Institute

              and College by the United States

government, the sum of............ $       9,389.00

          (f)  For Alcorn State University as interest

              on land script and land sales funds,

the sum of....................... $      12,592.00

     SECTION 10.  Of the funds appropriated in Section 2 of this act, the following amount shall be derived from Education Enhancement Funds deposited pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972:

     On-campus and off-campus support of Alcorn State University,

          Delta State University, Jackson State University,

          Mississippi State University, Mississippi University for

          Women, Mississippi Valley State University, University

          of Mississippi, and University of Southern Mississippi

for the sum of........................ $ 60,373,070.00.

     SECTION 11.  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 12.  None of the funds appropriated by this act shall be expended for any purpose that is not actually required or necessary for performing any of the powers or duties of the Board of Trustees of State Institutions of Higher Learning, or any of the powers or duties of any institution under the jurisdiction of the board of trustees, that are authorized by the Mississippi Constitution of 1890, state or federal law, or rules or regulations that implement state or federal law.

     SECTION 13.  It is the intention of the Legislature that the budget requests of the institutions for Fiscal Year 2024 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 2023 budget request process.

     SECTION 14.  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 15.  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 16.  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 17.  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 25-4-105, Mississippi Code of 1972.

     SECTION 18.  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:

                                                          FY2023

Performance Measures                                       Target

Instruction

     Number of Undergraduate Degrees Awarded                12,221

     Number of Graduate Degrees Awarded                     4,592

     Number of Degrees (Graduate &

          Undergraduate) Awarded in the Fields of

          STEM, Health & Education                          5,337

     Number of Undergraduate Degrees Awarded

          per 100 Undergraduate Full-Time

          Equivalent  (FTE) Enrollment                      20.10

     Number of Graduate Degrees Awarded per

          100 Graduate FTE Enrollment                       44.20

     Number of Students Completing 30 Hours                13,915

     Number of Students Completing 60 Hours                10,132

Research

     Number of Patents Obtained in Emerging

          Technologies                                         25

     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 2024.

SECTION 19.  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 allocated equally to Jackson State University, Mississippi State University, the University of Mississippi, and the University of Southern Mississippi for economic development, reorganization, and relocation of efforts at those universities................................... $   2,000,000.00.

SECTION 20.  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 allocated to Mississippi State University - Meridian

Branch........................................ $     900,000.00.

     SECTION 21.  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 22.  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 allocated to Jackson State University E-Learning Center................... $     485,000.00.

SECTION 23.  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 allocated to the Delta State University

E-Learning Center.............................. $     155,000.00.

     SECTION 24.  It is the intent of the Legislature that at the end of Fiscal Year 2023 any unexpended balances in Ayers programs funds established pursuant to this act shall not lapse into the State General Fund, but shall carry over and be available for expenditure in the succeeding fiscal year, and subject to Legislative appropriation.

     SECTION 25.  None of the State General Funds appropriated by this act shall be expended for the purpose of travel outside the United States.

SECTION 26.  Of the funds provided herein to the Board of Trustees of State Institutions of Higher Learning, the following sum, or so much thereof as may be necessary, shall be allocated to Delta State University Department of Commercial Aviation...............................

.............................................. $     800,000.00.

     SECTION 27.  Of the funds appropriated in Section 1 and Section 2 of this act, One Hundred Ninety-one Thousand Six Hundred Ten Dollars ($191,610.00) is provided for geospatial site licenses.

     SECTION 28.  It is the intention of the Legislature that none of the funds provided herein shall be used to pay certain utilities for state-furnished housing for any employees.  Such utilities shall include electricity, natural gas, butane, propane, cable and phone services.  Where actual cost cannot be determined, the agency shall be required to provide meters to be in compliance with legislative intent.  Such state-furnished housing shall include single-family and multifamily residences but shall not include any dormitory residences.  Allowances for such utilities shall be prohibited.

SECTION 29.  Of the funds provided herein to the Board of Trustees of State Institutions of Higher Learning, the following amount shall be allocated to the Delta State University Delta Center for Culture and Learning....................................... $     100,000.00.

     The funds allocated in this section shall only be used for the Delta Center for Culture and Learning.

SECTION 30.  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 allocated to fund the Washington Center for Internships and Academic Seminars Mississippi Initiative Scholarship Program..................................

.............................................. $      75,000.00.

     This program will provide opportunities for Mississippi's university and college students to gain real-life experience working in Washington, D.C.  The funding will provide scholarships at Alcorn State University, Delta State University, Jackson State University, Mississippi State University, Mississippi University for Women, Mississippi Valley State University, the University of Mississippi, and the University of Southern Mississippi.  A written report shall be submitted listing the scholarship recipients by university to the Chairmen and members of the Senate and House Appropriations Committees.

     SECTION 31.  None of the funds appropriated and/or authorized for expenditure under this act shall be used for research in which a human embryo is killed or destroyed.

SECTION 32.  Of the funds appropriated under the provisions of Section 1 of this act, an amount not more than One Hundred Twenty-five Thousand Dollars ($125,000.00) shall be allocated to implement university system efficiencies, including, but not limited to, academic, space, energy and any other system projects or expenditures that would lead to improved efficiency.  Such funds may also be used to draw down other funds or as matching funds.

SECTION 33.  Of the funds appropriated under the provisions of Section 1 of this act, Eighty-seven Thousand Three Hundred Dollars ($87,300.00) shall be used to defray the expenses of the Children's Center for Communication and Development at the University of Southern Mississippi.

     SECTION 34.  Of the funds appropriated in Section 1 of this act, the amount of Two Hundred Forty-two Thousand Five Hundred Dollars ($242,500.00) is provided for defraying the expenses of the DuBard School.

SECTION 35.  Of the funds appropriated under the provisions of Section 1 of this act, Two Hundred Sixty-six Thousand Seven Hundred Fifty Dollars ($266,750.00) is provided for the Southwest Mississippi Center for Culture and Learning at Alcorn State University.

SECTION 36.  Of the funds appropriated in Section 1 of this act, it is the intention of the Legislature that Eight Hundred Fifty Thousand Dollars ($850,000.00) is provided for the Engineer Research and Development Center in Vicksburg, Mississippi, for Research and Development opportunities in Science and Technology initiatives.

SECTION 37.  Of the funds appropriated in Section 1 of this act, Three Hundred Thousand Dollars ($300,000.00) is provided for the Delta State University Delta Music Institute.

     SECTION 38.  It is the intention of the Legislature that Mississippi Valley State University is authorized to provide water or sewer service to any existing, privately-owned structures that presently take water or sewer service from Mississippi Valley State University.  Furthermore, Mississippi Valley State University is authorized to charge a flat or metered rate for the service provided.  Mississippi Valley State University shall not provide any water or sewer service to any new, privately-owned structures.

     SECTION 39.  Of the funds herein appropriated, Seven Hundred Twenty-nine Thousand Eight Hundred Ninety Dollars ($729,890.00) shall be provided to the Charter School Authorizer Board.  Of this amount, Two Hundred Twenty-nine Thousand Eight Hundred Ninety Dollars ($229,890.00) shall be provided in General Funds and Five Hundred Thousand Dollars ($500,000.00) shall be provided in Special Funds from the Charter School Authorizer Board Fund - Fund No. 3001700000.

     SECTION 40.  It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.

     SECTION 41.  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 42.  This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed from and after June 30, 2022.