House Bill 1343

AN ACT TO CODIFY SECTION 37-143-10, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE MISSISSIPPI CRITICAL NEEDS NURSING FACULTY INCENTIVE PROGRAM; TO AUTHORIZE SALARY SUPPLEMENTS FOR NURSE FACULTY, TO ESTABLISH AN EMPLOYER-ASSISTED HOUSING NURSE FACULTY PROGRAM TO PROVIDE HOME LOANS TO NURSE EDUCATORS; TO PROVIDE RELOCATION EXPENSES TO NURSES WHO AGREE TO BECOME NURSING FACULTY; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 37-143-10, Mississippi Code of 1972:

37-143-10. (1) There is established the Mississippi Critical Needs Nursing Faculty Incentive Program. This program shall be implemented by the Board of Trustees of State Institutions of Higher Learning and the State Board for Community and Junior Colleges to produce more nursing faculty at the schools of nursing in Mississippi in order to fill the health care needs of this state.

(2) Upon specific appropriation for that purpose by the Legislature, the Board of Trustees of State Institutions of Higher Learning shall implement a three-year across the board salary increase of not less than Six Thousand Dollars ($6,000.00) nor more than Eight Thousand Dollars ($8,000.00) in fiscal year 2005, fiscal year 2006 and fiscal year 2007 for all registered nurses who are faculty in approved undergraduate and graduate nursing programs in the state. Upon specific appropriation for that purpose by the Legislature, the State Board for Community and Junior Colleges shall implement a three-year across the board salary increase of not less than Six Thousand Dollars ($6,000.00) nor more than Eight Thousand Dollars ($8,000.00) in fiscal year 2005, fiscal year 2006 and fiscal year 2007 for all registered nurses who are faculty in approved associate degree nursing programs in the state. This incentive is intended to bring salaries for nursing faculty within the average for the geographic area in which the State of Mississippi competes for nursing faculty. Salary supplements under this subsection shall be allocated to nursing faculty who enter into contract with the appropriate school of nursing obligating themselves to spend a period of time of not less than three (3) years in teaching nursing at any accredited school of nursing in Mississippi. Any person who does not render three (3) years' service as a nursing faculty in an approved school of nursing in Mississippi under this program shall be liable to the appropriate board for one-third (1/3) of the total amount of the salary supplement granted under the program for each year that the person does not render that service, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his or her service. If a claim for repayment under this subsection is placed in the hands of an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable attorney's fee. The Board of Trustees of State Institutions of Higher Learning and the State Board for Community and Junior Colleges shall jointly establish such rules and regulations as deemed necessary and proper to carry out the purposes and intent of this subsection.

(3) There is established the Mississippi Employer-Assisted Housing Program for Nursing Faculty, which shall be a special home loan program for any eligible registered nurse who renders service on the faculty in an approved undergraduate and graduate nursing program or associate degree nursing program in Mississippi. The home loan program shall be administered by the Board of Trustees of State Institutions of Higher Learning jointly with the State Board for Community and Junior Colleges in conjunction with the Federal National Mortgage Association (Fannie Mae). The Board of Trustees of State Institutions of Higher Learning and the State Board for Community and Junior Colleges may contract with one or more public or private entities to provide assistance in implementing and administering the program, and shall adopt rules and regulations regarding the implementation and administration of this program. Participation in the loan program shall be available to any registered nurse who renders service as faculty in an approved school of nursing in the State of Mississippi. Any person who receives a loan under this program shall be required to purchase a house located in the State of Mississippi and reside in that house. The maximum amount of a loan that may be made under this program to any person shall be Thirty Thousand Dollars ($30,000.00). Any loan made under this program to a person who actually renders service as a nurse faculty in an approved school of nursing in Mississippi shall be converted to an interest-free grant on the basis of one (1) year's service for one-third (1/3) of the amount of the loan. Any person who does not render three (3) years' service as a nurse faculty in Mississippi shall be liable to the Board of Trustees of State Institutions of Higher Learning and/or the State Board for Community and Junior Colleges for one-third (1/3) of the amount of the loan for each year the person does not render that service, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his or her service. If a claim for repayment under this subsection is placed in the hands of an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable attorney's fee. All funds received by the Board of Trustees of State Institutions of Higher Learning or the State Board for Community and Junior Colleges as repayment of loans by program participants shall be deposited in the Mississippi Critical Needs Nursing Faculty Incentive Fund, which is created in the State Treasury.

(4) Subject to the availability of funds specifically appropriated for that purpose by the Legislature, any registered nurse relocating to any geographical area of the State of Mississippi in order to render service as a nursing faculty at an approved undergraduate and graduate or associate degree nursing program located within the state shall be eligible for reimbursement for his or her moving expenses by the Board of Trustees of State Institutions of Higher Learning or the State Board for Community and Junior Colleges, as the case may be. The Board of Trustees of State Institutions of Higher Learning jointly with the State Board of Community and Junior Colleges shall promulgate rules and regulations necessary for the administration of the relocation expense reimbursement component of the Mississippi Critical Needs Nursing Faculty Incentive Program. As a condition for participation in this component of the program, nursing faculty shall agree to employment at the school of nursing for a period of not less than three (3) years. Any person failing to comply with this employment commitment shall immediately be in breach of contract and become liable immediately to the Board of Trustees of State Institutions of Higher Learning or the State Board for Community and Junior Colleges, as the case may be, for the sum of the relocation expenses granted to that person, less one-third (1/3) of the amount of that sum for each year that service was rendered, plus interest accruing at the current Stafford Loan rate at the time the breach occurs. If a claim for repayment under this subsection is placed in the hands of an attorney for collection after default, then the obligor shall be liable for an additional amount equal to a reasonable attorney's fee. All funds received from the repayment of relocation expenses by program participants shall be deposited in the Mississippi Critical Needs Nursing Faculty Incentive Fund.

(5) The Board of Trustees of State Institutions of Higher Learning or the State Board for Community and Junior Colleges may grant a deferral for cause when there is no employment position immediately available for a program participant. After any such period of deferral, the nurse faculty shall begin or resume the required teaching duties or shall become liable to the appropriate board for salary supplement, housing loan or relocation expense repayment.

(6) The Board of Trustees of State Institutions of Higher Learning and the State Board for Community and Junior Colleges shall jointly prepare an annual report for the Legislature, to be submitted by December 1 of each year beginning in 2004, which shall assess the impact of the Mississippi Critical Needs Nursing Faculty Incentive Program on the employment of registered nurses as faculty in approved schools of nursing. The report shall include, at a minimum, the number of persons who have participated in each component of the program each year and the number of persons who have actually rendered service as faculty in Mississippi schools of nursing under the program.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.