House Bill 1088

(As Passed the House)

AN ACT TO DIRECT THE STATE FISCAL OFFICER TO MAKE CERTAIN TRANSFERS DURING FISCAL YEAR 2024 FROM THE CAPITAL EXPENSE FUND – MS AUTHORITY FOR EDUCATIONAL TELEVISION, EDUCATION ENHANCEMENT FUND – MS AUTHORITY FOR EDUCATIONAL TELEVISION, GENERAL EDUCATION EEF FUND, MISSISSIPPI VETERANS AFFAIRS GRANT FUND, CAPITAL EXPENSE FUND – ARCHIVES & HISTORY, CAPITAL EXPENSE FUND – MDHS, MS VETERAN AFFAIRS CAP EXP FUND, CAPITAL EXPENSE FUND – ARTS COMMISSION, EDUCATION ENHANCEMENT FUND, MCCB EEF - CTE CENTERS FUND AND MCCB EEF - NURSING AND DORMITORY FUND TO OTHER FUNDS IN THE STATE TREASURY; TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER FUNDS FROM THE CORONAVIRUS STATE FISCAL RECOVERY FUND TO THE CORONAVIRUS STATE FISCAL RECOVERY LOST REVENUE FUND; TO CREATE THE CAPITAL PROJECT FUND - ARCHIVES & HISTORY FOR THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY; TO CREATE THE DATA SYSTEM REPLACEMENT FUND – MDHS FOR THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES; TO CREATE THE MSVA VETERANS HOME CAPITAL PROJECTS FUND FOR THE MISSISSIPPI STATE VETERANS AFFAIRS BOARD; TO CREATE THE CAPITAL BUILDING FUND FOR THE ARTS FOR THE MISSISSIPPI ARTS COMMISSION; TO CREATE THE HEALTHCARE INNOVATION TECH HUB FUND – UM FOR THE UNIVERSITY OF MISSISSIPPI; TO CREATE THE UM EARLY LEARNING FUND FOR THE UNIVERSITY OF MISSISSIPPI; TO CREATE THE MSU CAPITAL PROJECTS FUND FOR MISSISSIPPI STATE UNIVERSITY; TO CREATE THE MUW CAPITAL PROJECTS FUND FOR THE MISSISSIPPI UNIVERSITY FOR WOMEN; TO CREATE THE ASU CAPITAL PROJECTS FUND FOR ALCORN STATE UNIVERSITY; TO CREATE THE JSU CAPITAL PROJECTS FUND FOR JACKSON STATE UNIVERSITY; TO CREATE THE CTE CAPITAL PROJECTS FUND – CCB FOR THE MISSISSIPPI COMMUNITY COLLEGE BOARD; TO CREATE THE CAPITAL PROJECTS FUND – CCB FOR THE MISSISSIPPI COMMUNITY COLLEGE BOARD; TO AMEND SECTION 27-103-127, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ANNUAL BUDGET REQUEST OF THE DEPARTMENT OF TRANSPORTATION SHALL INCLUDE A PROGRAM BUDGET FOR AERONAUTICS, RAILS AND OTHER; TO PROVIDE THAT THE "ADMINISTRATION AND OTHER EXPENSES" BUDGET OF THE DEPARTMENT SHALL INCLUDE EXPENSES INCURRED FOR ELECTRIC VEHICLES; AND FOR RELATED PURPOSES.

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

SECTION 1. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of One Million Four Hundred Eighty-Eight Thousand Six Hundred and Twenty-Eight Dollars ($1,488,628.00) from the Capital Expense Fund – MS Authority for Educational Television (Fund No. 6424700000) to the Capital Equipment Replacement Fund (Fund No. 3324200000).

SECTION 2. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Two Million Dollars ($2,000,000.00) from the Education Enhancement Fund – MS Authority for Educational Television (Fund No. 4410400000) to the Capital Equipment Replacement Fund (Fund No. 3324200000).

SECTION 3. During fiscal year 2023, the State Fiscal Officer shall transfer the sum of Twenty Million Dollars ($20,000,000.00) from the General Education EEF Fund (Fund No. 4420100000) to the Educational Facilities Revolving Loan Fund (Fund No. 3320500000) created in Section 37-47-24, Mississippi Code of 1972.

SECTION 4. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of One Million Two Hundred Sixty-Six Thousand Twenty-Four Dollars and Ninety-Eight Cents ($1,266,024.98) from the Mississippi Veterans Affairs Grant Fund (Fund No. 5373200000) to the MS Veterans' Home Fund (Fund No. 3373200000).

SECTION 5. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Twelve Million Dollars ($12,000,000.00) from the Coronavirus State Fiscal Recovery Fund (Fund No. 6821113000) created in Section 27-104-321, Mississippi Code of 1972, to the Coronavirus State Fiscal Recovery Lost Revenue Fund (Fund No. 3822113000) created in Section 27-104-325, Mississippi Code of 1972.

SECTION 6. There is created in the State Treasury a special fund to be designated as the "Capital Project Fund - Archives & History," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be used by the Mississippi Department of Archives & History, upon appropriation by the Legislature, to provide for repair, renovation, and construction projects undertaken by the Department of Archives and History. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 7. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Eight Million Ninety-Eight Thousand Seven Hundred and Seventy Dollars ($8,098,770.00) from the Capital Expense Fund – Archives & History (Fund No. 6447C00000) to the Capital Project Fund - Archives & History created in Section 6 of this act.

SECTION 8. There is created in the State Treasury a special fund to be designated as the "Data System Replacement Fund - MDHS," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be used by the Mississippi Department of Human Services, upon appropriation by the Legislature, to upgrade and modernize the department's data systems. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 9. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Fifty-eight Million Eight Hundred Eighty-five Thousand Nine Hundred Twenty Dollars ($58,885,920.00) from the Capital Expense Fund – MDHS (Fund No. 6465100000) to the Data System Replacement Fund - MDHS created in Section 8 of this act.

SECTION 10. There is created in the State Treasury a special fund to be designated as the "MSVA Veterans Home Capital Projects Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be used by the Mississippi State Veterans Affairs Board, upon appropriation by the Legislature, for the state match to relocate the Veterans Home in Jackson to state-owned property. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 11. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Nineteen Million Six Hundred Eighty Thousand Eight Hundred Eighty-three Dollars ($19,680,883.00) from the MS Veteran Affairs Cap Exp Fund (Fund No. 6448100000) to the MSVA Veterans Home Capital Projects Fund created in Section 10 of this act.

SECTION 12. There is created in the State Treasury a special fund to be designated as the "Capital Building Fund for the Arts," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be used by the Mississippi Arts Commission, upon appropriation by the Legislature, for the purpose of providing grants to art organizations as prescribed in Section 39-11-13, Mississippi Code of 1972. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 13. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Three Million Dollars ($3,000,000.00) from the Capital Expense Fund – Arts Commission (Fund No. 6493400000) to the Capital Building Fund for the Arts created in Section 12 of this act.

SECTION 14. There is created in the State Treasury a special fund to be designated as the "Healthcare Innovation Tech Hub Fund - UM," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be used by the University of Mississippi, upon appropriation by the Legislature, for the purpose of defraying expenses related to the Healthcare Innovation Tech Hub Infrastructure, Biomedical Innovation, Nano-Bio Immuno Engineering Consortium (NIEC), Data Science and Artificial Intelligence. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 15. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Fifteen Million Dollars ($15,000,000.00) from the Education Enhancement Fund (Fund No. 4403000000) to the Healthcare Innovation Tech Hub Fund - UM created in Section 14 of this act.

SECTION 16. There is created in the State Treasury a special fund to be designated as the "UM Early Learning Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be used by the University of Mississippi, upon appropriation by the Legislature, for the purpose of defraying expenses related to the UM Early Learning and Evaluation Center. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 17. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Ten Million Dollars ($10,000,000.00) from the Education Enhancement Fund (Fund No. 4403000000) to the UM Early Learning Fund created in Section 16 of this act.

SECTION 18. There is created in the State Treasury a special fund to be designated as the "MSU Capital Projects Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be used by the Mississippi State University, upon appropriation by the Legislature, for the purpose of defraying expenses related to the construction, furnishing, and equipping of the Kinesiology & Autism Building, High-Performance Computing Center and/or Ballew Hall. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 19. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Twelve Million Dollars ($12,000,000.00) from the Education Enhancement Fund (Fund No. 4403000000) to the MSU Capital Projects Fund created in Section 18 of this act.

SECTION 20. There is created in the State Treasury a special fund to be designated as the "MUW Capital Projects Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be used by the Mississippi University for Women, upon appropriation by the Legislature, for the purpose of defraying expenses related to the expansion of the nursing program. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 21. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Two Million Five Hundred Thousand Dollars ($2,500,000.00) from the Education Enhancement Fund (Fund No. 4403000000) to the MUW Capital Projects Fund created in Section 20 of this act.

SECTION 22. There is created in the State Treasury a special fund to be designated as the "ASU Capital Projects Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be used by Alcorn State University, upon appropriation by the Legislature, for the purpose of defraying expenses related to the renovation and expansion of the Davey L. Whitney Complex and Wellness Center. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 23. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Three Million Dollars ($3,000,000.00) from the Education Enhancement Fund (Fund No. 4403000000) to the ASU Capital Projects Fund created in Section 22 of this act.

SECTION 24. There is created in the State Treasury a special fund to be designated as the "JSU Capital Projects Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be used by Jackson State University, upon appropriation by the Legislature, for the purpose of defraying expenses related to the repair, renovation, and/or construction of a residence hall. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 25. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Five Million Dollars ($5,000,000.00) from the Education Enhancement Fund (Fund No. 4403000000) to the JSU Capital Projects Fund created in Section 24 of this act.

SECTION 26. There is created in the State Treasury a special fund to be designated as the "CTE Capital Projects Fund - CCB," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be used by the Mississippi Community College Board, upon appropriation by the Legislature, for the purpose of construction (including land acquisition) and/or repair, equipment upgrades and renovation projects associated with Career & Technical Education (CTE) Centers in the school districts and community colleges as prescribed in Section 18 of Chapter 89, Laws of 2022 (Senate Bill 3011, 2022 Regular Session). Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 27. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Thirty Million Seven Hundred Thousand Dollars ($30,700,000.00) from the MCCB EEF - CTE Centers Fund (Fund No. 4412000000) to the CTE Capital Projects Fund - CCB created in Section 26 of this act.

SECTION 28. There is created in the State Treasury a special fund to be designated as the "Capital Projects Fund - CCB," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be used by Mississippi Community College Board, upon appropriation by the Legislature, for the purpose of construction (including land acquisition) and/or repair, equipment upgrades and renovation projects for the Community Colleges as prescribed in Section 19 of Chapter 89, Laws of 2022 (Senate Bill 3011, 2022 Regular Session). Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 29. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Twenty-two Million Dollars ($22,000,000.00) from the MCCB EEF - Nursing and Dormitory Fund (Fund No. 4413000000) to the Capital Projects Fund - CCB created in Section 28 of this act.

SECTION 30. Section 27-103-127, Mississippi Code of 1972, is amended as follows:

27-103-127. To the end that the overall budget shall present in comparable terms a complete summary of all financial operations of all state agencies, Part 2 of the overall budget shall include therein the requested budget and the recommended budget for each special fund agency. The overall budget shall show for each special fund agency, in addition to such other information as may be prescribed by the Legislative Budget Office, the following:

(a) The amount by source of all special fund receipts collected or otherwise available in the current fiscal year, and an estimate by source of all special funds which will be collected or become available by the end of the then current fiscal year;

(b) The estimated amount of all expenditures to be made or obligations to be incurred payable from such special funds during the then current fiscal year;

(c) The estimated aggregate amount of special funds which will be needed by the agency for the succeeding fiscal year; beginning with the 1995 fiscal year and in the event that any services proposed to be provided by the agency in the succeeding fiscal year are Medicaid reimbursable, any state general matching funds necessary for such reimbursement shall be included in the agency's proposed budget, and the appropriation to the Division of Medicaid in the 1995 fiscal year shall be adjusted accordingly;

(d) The estimated amount by source of special funds which will be available under existing laws during the succeeding fiscal year, including any balances which will be on hand at the close of the then current fiscal year;

(e) The estimated amount which will be needed and which will require change in existing law or laws;

(f) If any new item of expense is included in the proposed budget of any special fund agency, the reason therefor shall be given; and in any case where the Legislative Budget Office shall eliminate or reduce any item or items in the proposed budget of any special fund agency, it shall note briefly the reasons therefor, together with the reasons advanced by the agency in support of the item or items eliminated or reduced;

(g) The proposed budget of each special fund agency shall show the amounts required for operating expenses separately from the amounts required for permanent improvements.

Proposed expenditures for any agency in Part 2 of the overall budget shall not exceed the amount of estimated revenues which will be available to it. Provided, that the Legislative Budget Office may recommend changes in existing law so as to decrease or increase the revenues available to any agency if in its judgment such changes are necessary or desirable.

Provided further, that expenditures approved or authorized by the Legislature for any special fund agency or special funds approved for general fund agency shall constitute a maximum to be expended or encumbered by such agency, and shall not constitute authority to expend or encumber more than the amount of revenue actually collected or otherwise received.

No special fund agency or general fund agency shall make expenditures from special funds available to such agency unless such expenditures are set forth in a budget approved by the Legislature. Such legislative approval shall be set forth in an appropriation act. Provided, however, that special funds derived from the collection of taxes for any political subdivision of the state shall be excepted from the foregoing provisions. The executive head of the state agency shall be liable on his official bond for expenditures or encumbrances which exceed the total amount of the budget or the amount received if receipts are less than the approved budget.

Provided, however, that each university and college shall submit through the Board of Trustees of State Institutions of Higher Learning an annual budget to the Legislative Budget Office prior to the beginning of each fiscal year with such information and in such form, and in such detail, as may be required by the Legislative Budget Office. If the Legislative Budget Office determines that sufficient funds will be available during the fiscal year to fund the proposed budget as submitted, then and in that event the proposed budget shall be approved. However, if the Legislative Budget Office determines that, in its judgment, sufficient funds will not be available to fund the proposed budget, the affected institution or institutions and the Board of Trustees of State Institutions of Higher Learning shall be promptly notified and given an opportunity to either justify the proposed budget or proposed amendments which can be mutually agreed upon. The Legislative Budget Office shall then approve the proposed budget or budgets of the several universities and colleges. The total amount approved for each institution shall constitute the maximum funds which may be expended during the fiscal year.

The municipal, county or combined municipal and county port and harbor commissions, authorities or other port or harbor agencies not owned or operated by the state, shall submit annual or amended budgets of their estimated receipts and expenditures to the governing bodies of such municipality, county or municipality and county, for their approval, and a copy of such budget as approved by such governing body or bodies shall be filed with the Legislative Budget Office. Such budget shall itemize all estimated receipts and expenditures, and the Legislative Budget Office may require particularization, explanation or audit thereof, and shall report such information to the Legislature.

To the end that the overall budget shall present in comparable terms a complete summary of all financial operations of all state agencies, Part 3 of such overall budget shall consist of an estimated preliminary annual budget of the Department of Transportation and the Division of State Aid Road Construction of the Department of Transportation and such information for the current fiscal year as is necessary to make presentation comparable to that specified for Part 2 special fund agencies.

The annual budget request of the Department of Transportation

shall be divided into the following program budgets: (a) administration and other expenses, (b) construction, (c) maintenance, * * *~~and~~ (d) debt service, and (e) aeronautics, rails and other. In making its annual appropriation to the Department of Transportation from the State Highway Fund, the Legislature shall separate the appropriation bill into the * * *~~four (4)~~ five (5) program budget areas herein specified. For the purposes of this paragraph, "administration and other expenses" shall be construed to mean those expenses incurred due to departmental support activities which cannot be assigned to a specific construction or maintenance * * *~~project~~ activity, and * * *~~shall~~ may be construed to include expenses incurred for office machines, furniture, fixtures, automobiles, * * *~~station wagons~~ electric vehicles, truck and other vehicles, road machinery, farm equipment and other working equipment, data processing and computer equipment, all other equipment, and replacements for equipment. "Construction" shall be construed to mean those expenses associated with the creation and development of the state highway system and its related facilities; "maintenance" shall be construed to mean those expenses incurred due to activities associated with preservation of safe and aesthetically acceptable highways in an attempt to maintain them in as close to the original condition as possible; and "debt service" shall be construed to mean amounts needed to pay bonds and interest coming due, bank service charges, and bond debt service.

SECTION 31. This act shall take effect and be in force from and after its passage.