MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Appropriations

By: Senator(s) Hall, Burton, Jordan (18th), Dearing, Farris, Gordon, Kirby, Posey, Simmons, Turner, White (5th), Frazier, Jordan (24th)

AN ACT MAKING AN APPROPRIATION TO THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING FOR SUPPORT OF THE EIGHT UNIVERSITIES AND THE DESIGNATED INSTITUTES, LABORATORIES AND PROGRAMS FOR WHICH THEY ARE RESPONSIBLE AND THE EXECUTIVE OFFICE OF THE BOARD OF TRUSTEES FOR FISCAL YEAR 2000; AND FOR RELATED PURPOSES.

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

SECTION 1. The following sums of money, or so much thereof as may be necessary, are 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 Mississippi State University, Mississippi State Chemical Laboratory, Water Resources Institute, The University of Mississippi, Mississippi Law Research Institute, Teacher Corps, Jackson State University Urban Research Center, Mississippi Mineral Resources Research Institute, Research Institute of Pharmaceutical Sciences, the Supercomputer, the Stennis Institute of Government, Mississippi University for Women, University of Southern Mississippi, Gulf Coast Research Laboratory, Polymer Institute, Small Business Development Center, Stennis Center for Higher Learning, Space Commerce Initiative, Delta State University, Alcorn State University, Jackson State University, Mississippi Valley State University, the Commission for Volunteer Services and the executive office of the board of trustees for the fiscal year beginning July 1, 1999, and ending June 30, 2000 $ 317,319,054.00.

SECTION 2. The following sums of money, or so much thereof as may be necessary, are 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 Mississippi State University, Mississippi State Chemical Laboratory, Water Resources Institute, Mississippi Alcohol Safety Education Program, The University of Mississippi, Mississippi Law Research Institute, Mississippi Small Business Development Center, Mississippi Mineral Resources Research Institute, Research Institute of Pharmaceutical Sciences, the Supercomputer, Mississippi University for Women, University of Southern Mississippi, Stennis Space Center's Center for Higher Learning, Gulf Coast Research Laboratory, Polymer Institute, Delta State University, Alcorn State University, Jackson State University, Jackson State University Urban Research Center, Mississippi Valley State University, the Commission for Volunteer Services and the executive office of the board of trustees for the fiscal year beginning July 1, 1999, and ending June 30, 2000

$ 353,143,288.00.

SECTION 3. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the:

Mississippi Alcohol Safety Education Program. . .$ 150,000.00.

State Court Education Program . . . . . . . . . .$1,943,522.00. for the purpose of defraying the expenses incurred by said programs for the fiscal year beginning July 1, 1999, and ending June 30, 2000.

SECTION 4. The following sums, or so much thereof as may be necessary, is hereby appropriated out of any money in the Ayers Endowment Interest Fund, State Treasury Fund No. 3258, for the purposes as set out by the courts in the Ayers Case:

Alcorn State University. . . . . . . . . $300,000.00

Jackson State University . . . . . . . . $300,000.00

Mississippi Valley State University. . . $300,000.00

SECTION 5. Of the funds appropriated under the provisions of Sections 1 and 2 hereof, the following amounts, or so much thereof as may be necessary, shall be expended by the Board of Trustees of State Institutions of Higher Learning for the purposes hereinafter set forth:

(1) Support:

(a) From State General Funds, for support

of Mississippi State University, the

University of Mississippi, Mississippi

University for Women, University of

Southern Mississippi, Delta State University,

Alcorn State University, Jackson State

University and Mississippi Valley State

University, for the sum......$ 295,687,484.00.

(b) From State General Funds, for the support of

Executive Office of the Board of Trustees for

the sum of ..................$ 2,948,167.00.

Mississippi State Chemical Laboratory for the

sum of.......................$ 1,533,311.00.

Mississippi Water Resources Institute for the

sum of.......................$ 120,679.00.

Mississippi Law Research Institute for the

sum of.......................$ 522,674.00.

Mississippi Mineral Resources Institute for

the sum of...................$ 569,020.00.

Research Institute of Pharmaceutical Sciences

for the sum of...............$ 4,807,145.00.

Jackson State University Urban Research

Center for the sum of........$ 388,886.00.

Gulf Coast Research Laboratory for the

sum of.......................$ 4,696,008.00.

Supercomputer for the sum

of...........................$ 1,953,491.00.

Mississippi Polymer Institute for

the sum of...................$ 602,455.00.

Mississippi Small Business

Development Center for the

sum of.......................$ 529,742.00.

Stennis Space Center - Center for Higher

Learning for the sum of......$ 500,000.00.

Stennis Institute of Government for the

sum of ......................$ 249,843.00.

Commission for Volunteer Services for

the sum of...................$ 210,149.00.

Stennis Space Center - Space Commerce

Initiative for the sum of....$ 2,000,000.00.

Of the funds appropriated under the provisions of Section 1, and allocated to the Gulf Coast Research Laboratory, the Board of Trustees of State Institutions of Higher Learning shall allocate for Sea Grants matching One Hundred Seventy-five Thousand Dollars ($175,000.00) for the fiscal year 2000.

Provided further, it is the intention of the Legislature, in the event budget reductions are imposed on the Gulf Coast Research Laboratory by the Board of Trustees of State Institutions of Higher Learning, as a result of the Governor ordering budget reductions under the provisions of Sections 27-104-13 or 31-17-123, Mississippi Code of 1972, the same percent reduction will be applied to those state funds identified in this section for Sea Grant match.

(c) From special funds, the following sum,

or so much thereof as may be necessary,

is hereby authorized out of the proceeds

derived from any federal funds, student

fees or other special source funds

which are collected by or otherwise

become available for the support and

maintenance of the eight (8) universities,

institutes, laboratories, programs and

executive office of the board of trustees....

.............................$353,143,288.00.

It is the intent of the Legislature that

the Board of Trustees of State Institutions of

Higher Learning shall allocate funds to the

off-campus centers based on a minimum rate

of sixty-five percent (65%) of the on-campus cost

of a full-time equivalent student. The on-campus

distribution is to be determined without regard to

the costs incurred by any one or more of them in

the operation of off-campus degree completing

centers' classes. Off-campus centers which

are operated jointly by two (2) or more

institutions, the amount allocated to such

centers shall be prorated among the

institutions jointly operating such

centers based on the full-time equivalent

enrollment of such centers.

(d) The board of trustees shall insure that

the off-campus centers are not charged

with any indirect or overhead cost

prorated from any on-campus activity.

It is the intent of the Legislature that

the on-campus operations charge the

off-campus centers with only actual direct

charges.

(e) Of the funds appropriated in Section 1 and

allocated in Section 5(1)(a), the amount of

One Hundred Fifty-seven Thousand Five Hundred

Dollars ($157,500.00) shall be used for the

promotion and expenses of the Mississippi

Governor's School for the Gifted and

Talented.

Provided, however, that the Board

of Trustees of State Institutions of Higher

Learning shall develop the governing policy

for faculty, course content and facilities

selection on a competitive basis from all

Mississippi senior colleges and universities.

The Mississippi Governor's School for the

Gifted and Talented shall accept not less than

one (1) high school student nominee from each

accredited high school in Mississippi. The

nominees, selected under criteria developed

and adopted by the Board of Trustees of State

Institutions of Higher Learning, shall

be provided a three-week tuition-free

program.

The Board of Trustees of State Institutions

of Higher Learning shall compile and publish

the report of the statewide evaluation

committee on the leadership impact of graduates

of this school. This report is to be a

continuing study on the youthful leadership of

the state.

(f) Of the funds appropriated in Section 1 and

allocated in Section 5(1)(a), the amount of

Two Hundred Thousand Dollars ($200,000.00)

shall be used for the promotion and expenses

of the Teacher Corps.

(g) 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.

(h) After the Mississippi State Chemical Laboratory

has provided the maximum amount of services

which may be provided free of charge under the

provisions of Section 57-21-11(c), Mississippi

Code of 1972, the laboratory shall not provide

any additional services from the funds

appropriated under the provisions of Sections

1 and 2 if any charges for such services

previously provided are more than ninety (90)

days past due. After all such delinquent

charges have been paid by a client, the

laboratory may provide additional services to

the client.

(2) Of the funds appropriated in Section 1 and

allocated in Section 5(1)(a), 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 6. Of the funds appropriated in Section 2 and authorized for expenditure in Section 5(1)(c), the following amounts 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 Mississippi State

University, the University of Mississippi, Mississippi

University for Women, University of Southern Mississippi,

Delta State University, Alcorn State University, Jackson

State University and Mississippi Valley State University

for the sum of.........................$ 30,244,638.00.

Executive Office of the Board of Trustees

for the sum of.........................$ 156,400.00.

Mississippi State Chemical Laboratory for the

sum of.................................$ 170,100.00.

Mississippi Water Resources Institute for

the sum of.............................$ 9,200.00.

Mississippi Law Research Institute for

the sum of.............................$ 35,000.00.

Mississippi Mineral Resources Institute

for the sum of.........................$ 25,300.00.

Research Institute of Pharmaceutical

Sciences for the sum of................$ 105,800.00.

Stennis Institute of Government for the sum

of.....................................$ 49,000.00.

Commission on Volunteer Services for

the sum of.............................$ 97,000.00.

Gulf Coast Research Laboratory for the

sum of.................................$ 207,000.00.

TOTAL.............................$ 31,099,438.00.

SECTION 7. Of the funds appropriated in Section 2 and authorized for expenditure in Section 5(1)(c), the following amounts shall be derived from Education Enhancement Funds deposited pursuant to Section 27-103-203(1), Mississippi Code of 1972:

On-campus and off-campus support of

Mississippi State University, The

University of Mississippi, Mississippi

University for Women, University of

Southern Mississippi, Delta State

University, Alcorn State University,

Jackson State University, and Mississippi

Valley State University for the sum

of.................................... $ 21,530,585.00.

Stennis Institute of Government, for the

sum of.................................$ 20,000.00.

TOTAL.............................$ 21,550,585.00.

SECTION 8. 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 9. 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 10. The Board of Trustees of State Institutions of Higher Learning shall submit to the Committee on Appropriations of both houses of the Mississippi Legislature by January 1, 2000, a consolidated report for all the several institutions under its jurisdiction, on forms and in a manner to be prescribed by the Legislative Budget Committee, which reflects the anticipated current restricted fund revenues for the 2000 fiscal year, and the budgeted use of such current restricted funds by major object category. For purposes of this section, the term "current restricted funds" shall be defined as those public funds available for financing university operations which are limited by the donor, or by an agency external to the Board of Trustees of State Institutions of Higher Learning, to specific purposes, programs, departments or schools, but shall not include endowment funds or private gifts exempted under the provisions of Section 27-103-5, Mississippi Code of 1972.

SECTION 11. It is the intention of the Legislature that the budget requests of the individual institutes, laboratories and programs consolidated in this bill for Fiscal Year 2001 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 2000 budget request process.

SECTION 12. 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 13. 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 14. However, none of the funds herein appropriated shall be spent to defray tuition cost or subsidize in any way the direct cost of education, ordinarily paid by the student, of any nonresident alien enrolled in any state-supported institution of higher learning in the State of Mississippi. However, this will not apply to any nonresident alien student if the United States has a reciprocal agreement with their country on subsidizing the education of a United States citizen student.

SECTION 15. The Board of Trustees shall report yearly to the Legislature the institution compliance with Section 97-11-51, Mississippi Code of 1972, which prohibits deficit spending.

SECTION 16. Any funds appropriated pursuant to this act and paid as a fee to or deposited in a financial institution shall be in compliance with Section 109 of the Constitution of the State of Mississippi and Section 25-4-103, Mississippi Code of 1972.

SECTION 17. Should revenues generated and deposited to the Education Enhancement Fund pursuant to Section 27-103-203(1), Mississippi Code of 1972, fall below funds appropriated herein from said source, the Board of Trustees of State Institutions of Higher Learning shall notify the Department of Finance and Administration as to which allotments shall be reduced to insure that expenditures do not exceed actual revenues.

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:

Performance Measures FY2000 Target

INSTRUCTION

Maintain a Freshman (first time,

full time) Cohort Retention

Rate from Fall to Fall that

is 70% or above (%) 70%

Maintain a Freshman (first time,

full time) Cohort Undergraduate

Graduation Rate after Six

Years that Is 40% or above (%) 40%

Increase in Other Race Personnel

with Academic Rank (%) Increase by 1%

Increase in Number of Personnel with

Academic Rank who hold Terminal

Degrees (Includes Doctorate and

First Professional Degrees) (%) Increase by 1%

RESEARCH

Change in Expenditures of Unrestricted

E & G Funds for Research (%) Increase by 1%

PUBLIC SERVICE

Change in Expenditures of Unrestricted

E & G Funds for Public Service (%) Increase by 1%

ACADEMIC SUPPORT

Strive to Reach the Average

Expenditures for Libraries as

listed in the American Library

Association Standards for Academic

and Research Libraries (%) Increase by 0.5%

Increase the Expenditure of

unrestricted E & G Funds per

Fall Full Time Equivalent Student

for Academic Technical Support (%) Increase by 2%

STUDENT SERVICES

Increase the Expenditures of

Unrestricted E & G Funds for

Undergraduate Admissions/

Records (%) Increase by 1%

Increase the Expenditures of

Unrestricted E & G Funds for

Undergraduate Financial Aid (%) Increase by 1%

INSTITUTIONAL SUPPORT

Increase the Expenditures of

Unrestricted E & G Funds for

Institutional Support per Fall

Full Time Equivalent Student (%) Increase by 1%

OPERATION AND MAINTENANCE

Increase the Expenditures of

Unrestricted E & G Funds for

Upkeep Cost per Acre of Grounds

(core on- and off-campus)

Maintained (%) Increase by 0.5%

Increase the Expenditures of

Unrestricted E & G Funds for

Operation and Maintenance Cost

per Square Feet of Building

(on- and off-campus) (%) Increase by 0.5%

SCHOLARSHIPS

Change in Number of Students

Receiving Scholarship Dollars

from Unrestricted E & G Funds

(%) Maintain Current

Level - Change of 0%

Change in Amount of Scholarship

Dollars Awarded from Unrestricted

E & G Funds (%) Maintain Current

Level - Change of 0%

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 2001.

SECTION 19. 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 20. This act shall take effect and be in force from and after July 1, 1999.