Senate Bill 2655

(As Passed the Senate)

AN ACT TO AMEND SECTION 37-151-103, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO MAKE ELECTRONIC TRANSFERS OF MAEP FUNDS TO SCHOOL DISTRICTS FOR PAYROLL PURPOSES; TO ESTABLISH A COMMISSION ON SCHOOL PAYROLL, BUSINESS AND PROCUREMENT EFFICIENCY TO DEVELOP A REPORT AND IMPLEMENTATION PLAN TO THE 2012 REGULAR SESSION RELATING TO SCHOOL DISTRICT PAYROLL, BUSINESS AND PROCUREMENT COORDINATION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-151-103, Mississippi Code of 1972, is amended as follows:

37-151-103. (1) Funds due each school district under the terms of this chapter from the Adequate Education Program Fund shall be paid in the following manner: By the last working day of each month, * * * there shall be paid to each school district by electronic funds transfer one-twelfth (1/12) of the funds to which the district is entitled from funds appropriated for the Adequate Education Program Fund. However, in December those payments shall be made on the same date the State Department of Education transfers other federal dollars, but not before December 15th * * *. In addition, the State Department of Education may pay school districts from the common school fund and the Adequate Education Program Fund on a date earlier than provided for by this section if it is determined that it is in the best interest of school districts to do so. Payment from the Adequate Education Program Fund, earlier than provided for by this section, must have the approval of the State Fiscal Officer.

Provided, however, that if the cash balance in the State General Fund is not adequate on the due date to pay the amounts due to all school districts in the state as determined by the State Superintendent of Education, the State Fiscal Officer shall not transfer said funds payable to any school district or districts until money is available to pay the amount due to all districts.

(2) Notwithstanding any provision of this chapter or any other law requiring the number of children in average daily attendance or the average daily attendance of transported children to be determined on the basis of the preceding year, the State Board of Education is hereby authorized and empowered to make proper adjustments in allotments in cases where major changes in the number of children in average daily attendance or the average daily attendance of transported children occurs from one (1) year to another as a result of changes or alterations in the boundaries of school districts, the sending of children from one (1) county or district to another upon a contract basis, the termination or discontinuance of a contract for the sending of children from one county or district to another, a change in or relocation of attendance centers, or for any other reason which would result in a major decrease or increase in the number of children in average daily attendance or the average daily attendance of transported children during the current school year as compared with the preceding year.

(3) In the event of an inordinately large number of absentees in any school district as a result of epidemic, natural disaster, or any concerted activity discouraging school attendance, then in such event school attendance for the purposes of determining average daily attendance under the adequate education program shall be based upon the average daily attendance for the preceding school year for such school district.

SECTION 2. (1) There is hereby established a Commission on School Payroll, Business and Procurement Efficiency, consisting of the following members:

(a) The State Fiscal Officer, or his designee;

(b) The State Superintendent of Education, or his designee;

(d) A representative of the Mississippi School Business Officials Association (MSBO);

(e) A representative of the Mississippi School Boards Association (MSBA);

(f) Three (3) appointments, one (1) each by the Governor, the Lieutenant Governor and the State Treasurer, of qualified state or school district employees proficient in the areas of fiscal management, procurement, data processing or other fields of school business;

(g) The Chairmen of the Senate and House Education Committees, who shall serve in an advisory, nonvoting capacity.

The commission shall meet on a date designated by the State Fiscal Officer and organize by selecting a chairman and adopt rules for conducting business. Members of the commission shall serve without compensation, but may be reimbursed for necessary travel expenses from any available funds for attending official meetings of the commission. The Department of Finance and Administration and the State Department of Education shall jointly provide necessary administrative and clerical support for the functions of the commission.

(2) The Commission on School Payroll, Business and Procurement Efficiency shall develop an implementation plan to bring coordinated payroll services, business services and procurement services online for all school districts in order to achieve efficiency and make a report thereon to the 2012 Regular Session of the Legislature on or before January 1, 2012. Said commission shall have the following responsibilities:

(a) Review laws, rules, regulations, policies and procedures which affect the implementation and administration of the school payroll, business and procurement systems;

(b) Identify required modifications and/or enhancements to the systems; and

(3) The Commission on School Payroll, Business and Procurement Efficiency shall include in its report to the Legislature at the 2012 Regular Session the anticipated savings and efficiencies to be gained resulting from the consolidation of the payroll, business and procurement functions of school districts to be implemented under this timetable. Such report shall include any technical legislative or administrative recommendations for further consolidation of payroll, business and procurement functions of school districts. Such report shall also include an administrative recommendation for the consolidation or outsourcing of shared information technology, computer and telecommunications services for all school districts, in conjunction with the Mississippi Department of Information Technology Services.

SECTION 3. This act shall take effect and be in force from and after July 1, 2011.