MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Appropriations

By: Senator(s) Gordon, Thames, Burton, Frazier, Chaney, Dawkins, Dearing, Farris, Posey, Scoper

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 2002; 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, 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, 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, 2001, and ending June 30, 2002 $ 285,553,188.00.

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, Stennis Institute of Government, 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, 2001, and ending June 30, 2002

$ 392,197,644.00.

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 . . . . . . . . . .$1,822,987.00. for the purpose of defraying the expenses incurred by said programs for the fiscal year beginning July 1, 2001, and ending June 30, 2002.

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. Following submission by the parties of the Settlement Agreement in Ayers v. Musgrove to the United States District Court for the Northern District of Mississippi, after securement from the District Court of approval and directions to implement the Agreement, and on the Agreement becoming final and effective according to its terms (including, but not limited to, the exhaustion of all rights to appeal), it is the intention of the Legislature that the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Ayers Settlement Fund created by House Bill 1471, 2001 Regular Session, to the Board of Trustees of State Institutions of Higher Learning for the purpose of establishing an Ayers settlement endowment fund to comply with the Settlement Agreement in the case of Ayers v. Musgrove, for the fiscal year beginning July 1, 2001, and ending June 30, 2002 $ 5,000,000.00.

SECTION 6. 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 $ 269,377,319.00.

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

Executive Office of the Board of Trustees for

the sum of $ 2,580,624.00.

Mississippi State Chemical Laboratory for the

sum of $ 1,302,379.00.

Mississippi Water Resources Institute for the

sum of $ 102,577.00.

Mississippi Law Research Institute for the

sum of $ 619,900.00.

Mississippi Mineral Resources Institute for

the sum of $ 480,528.00.

Research Institute of Pharmaceutical Sciences

for the sum of $ 4,177,824.00.

Jackson State University Urban Research

Center for the sum of $ 300,928.00.

Gulf Coast Research Laboratory for the

sum of $ 3,331,832.00.

Supercomputer for the sum

of $ 1,634,145.00.

Mississippi Polymer Institute for

the sum of $ 473,120.00.

Mississippi Small Business

Development Center for the

sum of $ 425,312.00.

Stennis Space Center - Center for Higher

Learning for the sum of $ 389,036.00.

Stennis Institute of Government for the

sum of $ 271,742.00.

Commission for Volunteer Services for

the sum of $ 85,922.00.

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 2002.

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....

............................$392,197,644.00.

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 6(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 6(1)(a), the amount of

Two Hundred Twenty-five Thousand Dollars

($225,000.00) 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 6(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 7. Of the funds appropriated in Section 2 and authorized for expenditure in Section 6(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 $ 33,920,439.00.

Executive Office of the Board of Trustees

for the sum of $ 92,422.00.

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 $ 57,803.00.

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.

Stennis Space Center - Center for Higher

Learning for the sum of $ 100,000.00.

Gulf Coast Research Laboratory for the

sum of $ 207,000.00.

TOTAL $ 34,834,064.00.

SECTION 8. Of the funds appropriated under the provisions of Section 2 and authorized for expenditure in Section 6 (1) (c), the following sums shall be derived from the Budget Contingency Fund created in Senate Bill No. 2680, Regular Session of 2001:

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 $ 19,828,260.00.

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, Mississippi Valley State University, and the Executive Office of the Board of Trustees for Ayers Settlement costs for the sum of

$ 1,500,000.00.

Mississippi State University - Meridian for special projects for the sum of $ 200,000.00.

Mississippi State University for equity funding for the sum of

$ 2,000,000.00.

University of Mississippi for equity funding for the sum of

$ 1,000,000.00.

University of Southern Mississippi for equity funding for the sum of $ 2,000,000.00.

Mississippi Law Research Institute for the sum of

$ 30,000.00.

Mississippi Mineral Resources Institute for the sum of

$ 50,000.00.

Stennis Space Center - Center for Higher Learning for the sum of

$ 43,573.00.

Mississippi Polymer Institute for the sum of

$ 48,740.00.

Stennis Institute of Government for the sum of

$ 43,000.00.

Commission for Volunteer Services for the sum of

$ 80,000.00.

TOTAL $ 26,823,573.00.

SECTION 9. Of the funds appropriated in Sections 1, 2 and 4 and authorized for expenditure in Sections 4, 6 (1) (a), 7 and 8, the following amount, or so much thereof as may be necessary, shall be expended by the Board of Trustees of State Institutions of Higher Learning for the purpose of defraying the costs associated with Ayers-related programs at Alcorn State University, Jackson State University and Mississippi Valley State University, the court-appointed monitor, interest on the Ayers Endowment Fund and Ayers-related studies or any other Ayers-related activities

$ 18,122,908.00.

Following submission by the parties of the Settlement Agreement in Ayers v. Musgrove to the United States District Court for the Northern District of Mississippi and after securement from the District Court of approval and direction to implement the Agreement, it is the intention of the Legislature that $17,846,000.00 of the funds in this section shall be identified as Ayers Settlement Funds; provided, however, that in the event approval of and direction to implement the Settlement Agreement are not obtained from the District Court, it is the intention of the Legislature that on securement of authorization from the District Court in Ayers, the sum of $18,122,908.00 of the funds in this section shall be identified as Ayers funds for use in implementation of the Remedial Decree of the District Court.

SECTION 10. Following submission by the parties of the Settlement Agreement in Ayers V. Musgrove to the United States District Court for the Northern District of Mississippi, after securement from the District Court of approval and directions to implement the Agreement, and on the Agreement becoming final and effective according to its terms (including, but not limited to, the exhaustion of all rights to appeal), it is the intention of the Legislature that of the funds appropriated in Section 2 and authorized for expenditure in Section 6(1)(c) and Section 8 the following sum, or so much thereof as may be necessary, shall be allocated to the Board of Trustees of State Institutions of Higher Learning for the purpose of paying attorneys' fees to comply with the Settlement Agreement in the case of Ayers v. Musgrove, for the fiscal year beginning July 1, 2001 and ending June 30, 2002

$ 1,000,000.00.

SECTION 11. Following submission by the parties of the Settlement Agreement in Ayers v. Musgrove to the United States District Court for the Northern District of Mississippi, after securement from the District Court of approval and directions to implement the Agreement, and on the Agreement becoming final and effective according to its terms (including, but not limited to, the exhaustion of all rights to appeal), it is the intention of the Legislature that of the funds appropriated in Section 2 and authorized for expenditure in Section 6(1)(c) and Section 8 the following sum, or so much thereof as may be necessary, shall be allocated to the Board of Trustees of State Institutions of Higher Learning for the purpose of defraying the costs of summer development programs to comply with the Settlement Agreement in the case of Ayers v. Musgrove, for the fiscal year beginning July 1, 2001 and ending June 30, 2002 $ 500,000.00.

Any funds appropriated in this section which are not expended during the fiscal year shall not lapse and shall be carried forward to be applied toward funding for the same purpose during the next succeeding fiscal year.

SECTION 12. Following submission by the parties of the Settlement Agreement in Ayers v. Musgrove to the United States District Court for the Northern District of Mississippi, after securement from the District Court of approval and direction to implement the Agreement, and on the Agreement becoming final and effective according to its terms (including, but not limited to, the exhaustion of all rights to appeal), it is the intention of the Legislature, that the following sum, or so much thereof as may be necessary, is hereby reappropriated out any money in the State General Fund not otherwise appropriated, to the Board of Trustees of State Institutions of Higher Learning for expenditure in accordance with the Settlement Agreement for the fiscal year beginning July 1, 2001 and ending June 30, 2002

$ 3,650,000.00.

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the balance as of June 30, 2001, or change the purpose for which the funds were originally authorized.

SECTION 13. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in Treasury Fund Number 4188 to the credit of the State Board of Institutions of Higher Learning authorized for expenditure pursuant to Senate Bill 3256, 2000 Regular Session, for the fiscal year beginning July 1, 2001, and ending June 30, 2002 $ 220,000.00.

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the balance as of June 30, 2001. It is the intention of the Legislature that the purpose for which the funds were originally authorized be changed to defray the expenses of the Executive Office of the Board of Trustees.

SECTION 14. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the State General Fund not otherwise appropriated, to the State Board of Institutions of Higher Learning authorized for expenditure pursuant to Senate Bill 3256, 2000 Regular Session, for the fiscal year beginning July 1, 2001, and ending June 30, 2002

$ 250,000.00.

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the balance as of June 30, 2001. It is the intention of the Legislature that the purpose for which the funds were originally authorized be changed to defray the expenses of the Greenville Higher Education Center.

SECTION 15. 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 16. 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 17. 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, 2002, 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 2002 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 18. 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 2003 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 2002 budget request process.

SECTION 19. 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 20. 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 21. 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 22. 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 23. 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 24. 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:

FY2002

Performance Measures Target

Instruction

Maintain a Freshman (first-time, full-time)

Retention rate from fall to fall

that is at or above the national rate

for 4-year public institutions as reported

by American College Testing (% retention) 72.50

Maintain a Freshman (first-time, full-time)

Undergraduate Graduation rate after 5 years

for the system that is at or above the

national rate of 4-year public institutions

as reported by American College Testing

(% graduated) 42.00

Increase in Other Race Personnel with

Academic Rank (%) 0.00

Increase in Number of Personnel with

Academic Rank who hold Terminal Degrees

(Includes Doctorate & First Professional

Degrees) (%) 0.00

Research

Change in Expenditures of Unrestricted

E&G Funds for Research (%) 0.00

Academic Support

Strive to Reach the Average Expenditure for

Libraries as listed in the American Library

Association Standards from Academic &

Research Libraries (% change) 0.00

Increase the Expenditure of Unrestricted E&G

Funds for Technology (%) 0.00

Operation & Maintenance

Increase the Expenditures of Unrestricted E&G

Funds for Upkeep Cost per Acre of Grounds

(core on- & off-campus) Maintained (%) 0.00

Increase the Expenditure of Unrestricted E&G

Funds for Operation & Maintenance Cost

per Square Feet of Building (%) 0.00

Scholarships & Fellowships

Change in Number of Students Receiving

Scholarship Dollars from Unrestricted E&G

Funds (%) 0.00

Change in Amount of Scholarship Dollars

Awarded from Unrestricted E&G Funds (%) 0.00

Public Service

Increase the Expenditures of Unrestricted E&G

Funds for Public Service (%) 0.00

Student Services

Increase the Expenditures of Unrestricted E&G

Funds for Undergraduate Admissions &

Records (%) 0.00

Increase the Expenditures of Unrestricted

E&G Funds for Undergraduate Financial

Aid (%) 0.00

Institutional Support

Change in Expenditures of Unrestricted E&G

Funds for Institutional Support per Fall

Full-time Equivalent Student (%) 0.00

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 2003.

SECTION 25. Of the funds appropriated under the provisions of this act, the Board of Trustees of State Institutions of Higher Learning may expend out of these funds such sums as may be necessary to provide transportation and transportation related services, including the operation or use of buses, vans or other vehicles owned or leased by the Board of Trustees of State Institutions of Higher Learning in support of the annual meeting of the Southern Legislative Conference hosted by the State of Mississippi.

SECTION 26. 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 27. This act shall take effect and be in force from and after July 1, 2001.