MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Universities and Colleges
By: Senator(s) Polk
AN ACT TO CONSOLIDATE AND CLARIFY TERMS AND CONDITIONS RELATED TO MISSISSIPPI STUDENT FORGIVABLE LOAN PROGRAMS; TO AMEND SECTION 37-106-3, MISSISSIPPI CODE OF 1972, TO CLARIFY LEGISLATIVE FINDINGS RELATED TO MISSISSIPPI FORGIVABLE LOAN PROGRAMS; TO AMEND SECTION 37-106-5, MISSISSIPPI CODE OF 1972, TO CLARIFY ELIGIBILITY REQUIREMENTS FOR STUDENT FORGIVABLE LOAN PROGRAMS; TO AMEND SECTION 37-106-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL MEMBERS TO THE POSTSECONDARY EDUCATION FINANCIAL ASSISTANCE BOARD; TO AMEND SECTION 37-106-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO SEEK COLLECTION COSTS AND ATTORNEY'S FEES AND TO REVISE THE MANNER IN WHICH THE BOARD SHALL SUBMIT ANNUAL LEGISLATIVE REPORTS; TO CREATE SECTION 37-106-12, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE POSTSECONDARY EDUCATION TRUST FUND; TO CREATE SECTION 37-106-14, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE USE OF FUNDS APPROPRIATED FOR IMPLEMENTING FORGIVABLE LOAN PROGRAMS; TO AMEND SECTION 37-106-17, MISSISSIPPI CODE OF 1972, TO REVISE THE REQUIREMENTS FOR STUDENT APPLICATIONS FOR FINANCIAL ASSISTANCE; TO AMEND SECTION 37-106-19, MISSISSIPPI CODE OF 1972, TO CLARIFY WHO MUST SIGN CONTRACTS FOR THE REPAYMENT OF FORGIVABLE LOANS; TO AMEND SECTION 37-106-21, MISSISSIPPI CODE OF 1972, TO CLARIFY AND REVISE THE CONDITIONS AND LIMITATIONS ON DISBURSING FUNDS; TO REPEAL SECTION 37-106-25, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE BOARD TO EXPEND FUNDS FROM A FEDERAL GUARANTEED STUDENT LOAN PROGRAM THAT IS NO LONGER IN OPERATION; TO AMEND SECTION 37-106-29, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO DETERMINE THE INSTITUTIONS WHERE A STUDENT MAY ATTEND FOR PURPOSES OF THE MISSISSIPPI RESIDENT TUITION ASSISTANCE GRANT PROGRAM; TO RAISE THE MINIMUM ACT TEST SCORE TO 20 FOR PROGRAM APPLICANTS ENROLLING AT A FOUR-YEAR COLLEGE OR UNIVERSITY; TO AMEND SECTION 37-106-31, MISSISSIPPI CODE OF 1972, TO CLARIFY TERMS AND CONDITIONS RELATED TO THE MISSISSIPPI EMINENT SCHOLARS GRANT PROGRAM; TO REPEAL SECTION 37-106-33, MISSISSIPPI CODE OF 1972, WHICH PROVIDED FOR THE USE OF FUNDS APPROPRIATED FOR IMPLEMENTING FORGIVABLE LOAN PROGRAMS; TO AMEND SECTION 37-106-35, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS RELATED TO THE ASSISTANT TEACHER FORGIVABLE LOAN PROGRAM; TO AMEND SECTION 37-106-37, MISSISSIPPI CODE OF 1972, TO CLARIFY TERMS AND CONDITIONS RELATED TO THE TEACHER EDUCATION SCHOLARS FORGIVABLE LOAN PROGRAM; TO CREATE SECTION 37-106-39, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS OF THE MISSISSIPPI LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS SCHOLARSHIP PROGRAM; TO CREATE SECTION 37-106-41, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS OF THE ARMED FORCES SCHOLARSHIP PROGRAM; TO CREATE SECTION 37-106-43, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS RELATED TO THE MISSISSIPPI PUBLIC MANAGEMENT GRADUATE INTERN PROGRAM; TO CREATE SECTION 37-106-47, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE POSTSECONDARY EDUCATION FINANCIAL ASSISTANCE BOARD; TO CREATE SECTION 37-106-49, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO EMPLOY A LOAN REPAYMENT MECHANISM FOR THE REPAYMENT OF FORGIVABLE LOANS; TO CREATE SECTION 37-106-51, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ESTABLISHMENT OF A CONSOLIDATED REVOLVING LOAN FUND FOR OPERATING FORGIVABLE LOAN PROGRAMS; TO CREATE SECTION 37-106-53, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR UNIFORM REPAYMENT OPTIONS AND TERMS FOR FORGIVABLE LOAN PROGRAMS; TO CREATE SECTION 37-106-55, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS RELATED TO THE CRITICAL NEEDS TEACHER FORGIVABLE LOAN PROGRAM; TO CREATE SECTION 37-106-57, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS RELATED TO THE WILLIAM F. WINTER TEACHER FORGIVABLE LOAN PROGRAM; TO CREATE SECTION 37-106-59, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS RELATED TO THE NURSING EDUCATION FORGIVABLE LOAN PROGRAM; TO CREATE SECTION 37-106-61, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS RELATED TO THE STATE MEDICAL FORGIVABLE LOAN PROGRAM; TO CREATE SECTION 37-106-63, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS RELATED TO THE STATE DENTAL FORGIVABLE LOAN PROGRAM; TO CREATE SECTION 37-106-65, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS RELATED TO THE GRADUATE AND PROFESSIONAL SCHOOL FORGIVABLE LOAN PROGRAM; TO CREATE SECTION 37-106-67, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS OF THE HEALTH CARE PROFESSIONS FORGIVABLE LOAN PROGRAM; TO CREATE SECTION 37-106-69, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS OF THE FAMILY PROTECTION SPECIALIST SOCIAL WORKER FORGIVABLE LOAN PROGRAM; TO CREATE SECTION 37-106-71, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS OF THE MISSISSIPPI DYSLEXIA EDUCATION FORGIVABLE LOAN PROGRAM; TO CREATE SECTION 37-106-73, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS OF THE SPEECH-LANGUAGE PATHOLOGISTS FORGIVABLE LOAN PROGRAM; TO CREATE SECTION 37-106-75, MISSISSIPPI CODE OF 1972, TO REESTABLISH AND CLARIFY TERMS AND CONDITIONS OF THE HIGHER EDUCATION LEGISLATIVE PLAN GRANT PROGRAM; TO REPEAL SECTIONS 37-107-1 THROUGH 37-107-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDED FOR THE MISSISSIPPI LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS SCHOLARSHIP PROGRAM NOW PROVIDED FOR IN SECTION 37-106-39; TO REPEAL SECTIONS 37-108-1 THROUGH 37-108-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDED FOR THE ARMED FORCES SCHOLARSHIP PROGRAM NOW PROVIDED FOR IN SECTION 37-106-41; TO REPEAL SECTIONS 37-110-1 THROUGH 37-110-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDED FOR THE MISSISSIPPI PUBLIC MANAGEMENT GRADUATE INTERN PROGRAM NOW PROVIDED FOR IN SECTION 37-106-43; TO REPEAL SECTIONS 37-143-1 THROUGH 37-143-21, MISSISSIPPI CODE OF 1972, WHICH PROVIDED FOR THE OMNIBUS LOAN OR SCHOLARSHIP ACT OF 1991; TO REPEAL SECTIONS 37-157-1 AND 37-157-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDED FOR THE STUDENT TUITION ASSISTANCE PROGRAM; TO REPEAL SECTION 37-159-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDED FOR THE CRITICAL NEEDS TEACHER SCHOLARSHIP PROGRAM NOW PROVIDED FOR IN SECTION 37-106-55; TO REPEAL SECTIONS 37-159-51 AND 37-159-53, MISSISSIPPI CODE OF 1972, WHICH PROVIDED FOR THE MISSISSIPPI DYSLEXIA EDUCATION SCHOLARSHIP PROGRAM; TO REPEAL SECTION 37-101-221, MISSISSIPPI CODE OF 1972, WHICH PROVIDED FOR THE INSTRUCTION OF MISSISSIPPI STUDENTS IN SCHOOLS OUTSIDE THE STATE; TO AMEND SECTIONS 37-144-21 AND 97-15-29, MISSISSIPPI CODE OF 1972, TO CONFORM; TO BRING FORWARD SECTION 37-155-1, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE MISSISSIPPI PREPAID AFFORDABLE COLLEGE TUITION (MPACT) PROGRAM; TO BRING FORWARD SECTION 37-155-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE LEGISLATURE'S INTENT IN ESTABLISHING THE MPACT PROGRAM; TO BRING FORWARD SECTION 37-155-5, MISSISSIPPI CODE OF 1972, WHICH DEFINES CERTAIN WORDS AND PHRASES RELATED TO THE MPACT PROGRAM; TO BRING FORWARD SECTION 37-155-7, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE MPACT PROGRAM BOARD OF DIRECTORS; TO BRING FORWARD SECTION 37-155-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE INVESTMENT OPTIONS AVAILABLE TO THE MPACT BOARD; TO BRING FORWARD SECTION 37-155-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE TYPES OF PLANS AVAILABLE UNDER THE MPACT PROGRAM; TO BRING FORWARD SECTION 37-155-13, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES PREPAID HOUSING FEES; TO BRING FORWARD SECTION 37-155-15, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE MPACT PROGRAM TRUST FUND; TO BRING FORWARD SECTION 37-155-17, MISSISSIPPI CODE OF 1972, WHICH PROVIDES A DEDUCTION FOR PAYMENTS MADE UNDER A PREPAID TUITION CONTRACT; TO BRING FORWARD SECTIONS 37-155-19 AND 37-155-21, MISSISSIPPI CODE OF 1972, WHICH PROVIDE ADDITIONAL DUTIES AND RESPONSIBILITIES OF THE MPACT PROGRAM BOARD; TO BRING FORWARD SECTION 37-155-23, MISSISSIPPI CODE OF 1972, TO EXPLAIN GUARANTEES NOT AVAILABLE UNDER THE MPACT PROGRAM; TO BRING FORWARD SECTION 37-155-25, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE STATE OF MISSISSIPPI TO MEET THE BOARD'S OBLIGATIONS TO BENEFICIARIES IF MONIES IN THE FUND FAIL TO MEET SUCH OBLIGATIONS; TO BRING FORWARD SECTION 37-155-27, MISSISSIPPI CODE OF 1972, WHICH PROVIDES A SEVERABILITY PROVISION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-106-3, Mississippi Code of 1972, is amended as follows:
37-106-3. (1) The Legislature hereby finds and declares that:
(a) By legislative enactment, programs are herein created wherein Mississippi residents are granted forgivable loans in certain professional fields in return for their contractual obligation to perform services in such professions under a variety of requirements of location, duration, manner and mode of service, and institution in which performed;
(b) There is a need for the creation of additional forgivable loan programs for the purpose of encouraging eligible Mississippi residents to enter into professional schools, and that, in particular, there should be programs to encourage the participation of minorities in graduate professional programs in the institutions of this state;
(c) There is a need to create an ability within the board to fashion new and innovative systems for the financing of forgivable loan programs by combining the use of private sector loans for education and guaranteed student loans with loan repayment programs promulgated by the board; and
(d) The board should be granted authority to devise and develop such innovative systems to obtain the most efficient use of state funds to encourage entry and service in certain professional fields.
(2) The purpose of the Legislature in the passage of this chapter is to make manifest the belief that the continued growth and development of Mississippi requires that all Mississippi youth be assured ample opportunity for the fullest development of their abilities and to recognize that this opportunity will not fully materialize unless the State of Mississippi moves to encourage and financially assist our young people in their efforts. This chapter shall be broadly construed to accomplish that purpose.
SECTION 2. Section 37-106-5, Mississippi Code of 1972, is amended as follows:
37-106-5. (1) For purposes of this chapter, the following words shall be defined as follows unless the context requires otherwise:
(a) "Eligible
applicant or eligible student" means an individual who * * * completes an
application by the published application deadline for a given student financial
assistance program, meets all initial or continuing eligibility requirements
for the program and enrolls in an approved institution for the given program.
(b) "Approved institution" means an institution of higher learning, public or private, which is accredited by the Southern Association of Colleges and Secondary Schools, or its equivalent or a business, vocational, technical or other specialized school recognized and approved by the Postsecondary Education Financial Assistance Board.
(c) "Board" means the Postsecondary Education Financial Assistance Board created by Section 37-106-9 authorized and empowered to administer the provisions of this chapter.
* * *
( * * *d) "Financial need" means
anticipated expenses of an eligible student while attending an approved
institution which cannot reasonably be met by said student or by the parents thereof
as shall be determined according to the criteria established by the rules and
regulations of the board. Financial need shall be reevaluated and redetermined
at least annually.
( * * *e) "Agency" means the Board
of Trustees of State Institutions of Higher Learning.
(f) "Renewal applicant or renewal student" means a student who previously received funding for a given program.
(g) "Resident," "resident status" or "residency" shall be defined and determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29, with the exception of Section 37-103-17. Unless excepted by the rules of a given program, an applicant must be a Mississippi resident to qualify for financial assistance under this chapter.
(h) "Dependent" shall be defined and used in the same manner as the term "minor" in Sections 37-103-1 through 37-103-29. The board will follow the federal guidelines for classifying a student as "dependent" or "independent."
SECTION 3. Section 37-106-9, Mississippi Code of 1972, is amended as follows:
37-106-9. (1) There is
hereby created the Postsecondary Education Financial Assistance Board which
shall consist of the following * * * nine (9) members and two
(2) nonvoting advisory members: * * * two (2) people to be
appointed by the Board of Trustees of State Institutions of Higher Learning,
one (1) from its membership to serve for an initial period of four
(4) years and one (1) institutional representative to serve for an initial
period of three (3) years; * * * two (2) people to be
appointed by the * * * Mississippi Community
College Board, one (1) from its membership to serve for an initial period
of three (3) years and one (1) institutional representative to serve for an
initial period of two (2) years; * * * two (2) people to be
appointed by the Governor, one (1) to serve for an initial period of two
(2) years and one (1) to serve for an initial period of one (1) year; two
(2) people to be appointed by the Executive Director of the Mississippi
Association of Independent Colleges and Universities, one (1) association
representative to serve for an initial period of two (2) years and one (1)
institutional representative to serve for an initial period of one (1) year;
and one (1) person to be appointed by the Lieutenant Governor for an initial
period of (4) years. All subsequent appointments shall be for a period of
four (4) years. Vacancies shall be filled for the length of the unexpired term
only. The board shall elect from its membership a chairman. Additionally,
the Chairmen of the House and Senate Universities and Colleges Committees shall
serve as nonvoting advisory members.
(2) The agency shall designate one (1) member of its staff to serve as director, to administer the provisions of this financial assistance program. The director shall be assigned by the agency sufficient staff, professional and clerical, funds and quarters to administer this program.
(3) The director:
(a) Subject to the review of the board, shall have the power of final approval of any application submitted;
(b) Subject to the
approval of the board * * *, shall have authority to promulgate the necessary
rules and regulations for effective administration of this chapter, including
the method of making application for assistance authorized by this chapter.
SECTION 4. Section 37-106-11, Mississippi Code of 1972, is amended as follows:
37-106-11. (1) The members of the board shall serve without pay.
(2) The board is hereby
vested with full and complete authority and power to sue in its own name any
person for any balance, including principal * * *, interest, penalty and reasonable
collection costs or attorney's fees, due and owing the state on any
uncompleted contract * * *.
(3) The board shall promulgate rules and regulations to govern the state grant and forgivable loan programs authorized in this chapter.
( * * *4) * * * All funds administered by the board
shall be accounted for in an annual report that shall be submitted to the
Legislature within ten (10) days after the convening thereof each year. The
report should detail for each grant or forgivable loan program the number of
recipients, the total amount of awards made, and the average award amount. The
report shall include the number of students at each institution receiving
financial assistance and the amount of the assistance. For forgivable loan
programs, the report shall also include a summary of the repayment status and
method of repayment for student cohorts as well as an accounting of the receipt
of funds in repayment.
SECTION 5. The following shall be codified as Section 37-106-12, Mississippi Code of 1972:
37-106-12. (1) There is hereby created in the State Treasury a special trust fund to be known as the Postsecondary Education Financial Assistance Trust Fund. The trust fund shall consist of all monies designated by the Legislature for deposit therein and any gift, donation, bequest, trust, grant, endowment, transfer of money or securities, or any other monies from any source whatsoever, designated for deposit in the trust fund.
(2) The principal of the trust fund shall remain inviolate and shall be invested by the State Treasurer in the same manner as provided by Section 27-105-33, Mississippi Code of 1972, for the investment of excess state funds. Interest and income derived from investment of the principal of the trust fund shall be appropriated by the Legislature for expenditure as provided in this chapter.
SECTION 6. The following shall be codified as Section 37-106-14, Mississippi Code of 1972:
37-106-14. (1) The Legislature may appropriate funds annually to implement, administer and make awards under the programs provided for in this chapter. The board may seek, accept and expend funds from any source, including private business, industry, foundations and other groups as well as any federal or other governmental funding available for this purpose.
(2) Subject to the availability of funds, it is the intent of the Legislature to first fund grant awards to eligible students. If funds are insufficient to fully fund grant awards to eligible students, grant awards shall be prorated among all eligible students. No student shall receive any combination of student financial aid in excess of the cost of attendance. After grant awards are made, it is the intent of the Legislature to fund forgivable loan awards to eligible renewal students and then to eligible new students on a first-come, first-served basis.
(3) At the end of the fiscal year, any unexpended balances appropriated by the Legislature for the implementation or administration of programs provided for in this chapter shall not lapse into the State General Fund, but shall carry over and be available for expenditure in the succeeding fiscal year, subject to appropriation therefor by the Legislature.
SECTION 7. Section 37-106-17, Mississippi Code of 1972, is amended as follows:
37-106-17. Any student
desiring financial assistance * * * shall submit an application to the board.
The director shall * * * adhere to the board's
rules and regulations promulgated under authority of this chapter in
determining the eligibility of each applicant and in administering the
programs authorized in this chapter. * * *
SECTION 8. Section 37-106-19, Mississippi Code of 1972, is amended as follows:
37-106-19. Each eligible
applicant before being granted financial assistance through a forgivable
loan program under this chapter shall enter into a contract with the board,
which shall be deemed a contract with the State of Mississippi, agreeing to the
terms and conditions upon which the financial assistance shall be granted to
him, which shall include full repayment of all monies granted. Said contract
shall include such terms and provisions as shall carry out the full purpose and
intent of this chapter; and the form shall be prepared and approved by the
Attorney General of this state, and shall be signed by * * *
the director * * *
and * * *
the applicant. All disabilities of minority are removed for purposes of this
chapter.
SECTION 9. Section 37-106-21, Mississippi Code of 1972, is amended as follows:
37-106-21. Unless otherwise required to secure a guarantee of a loan, all funds disbursed under the provisions hereof shall be subject to the following conditions and limitations:
( * * *a) The annual award to any recipient
may be paid as required by federal laws and regulations governing the
Guaranteed Student Loan Program.
( * * *b) Payments under this chapter shall
be made by the State Treasurer upon certification by the board of final
approval of the recipient of each loan.
( * * *c) Payments shall be made directly to
the approved institution attended or to be attended by the student named in
such certificate by check or transfer of funds made payable to * * * the institution * * * and accompanied by a student roster.
( * * *d) In the event a student on whose
behalf an award has been paid shall not be enrolled and carrying a minimum
academic load or program as of the fifteenth classroom day following the
beginning of the term for which such award was paid, the institution shall
refund to the state the amount paid on behalf of such student. If at any time
during the period of the loan, the student withdraws and is entitled to any
refund or remittance of fees or tuition, such amount shall be repaid into the
fund.
SECTION 10. Section 37-106-25, Mississippi Code of 1972, which provided a preference for renewals, is repealed.
SECTION 11. Section 37-106-29, Mississippi Code of 1972, is amended as follows:
37-106-29. (1) There is established the Mississippi Resident Tuition Assistance Grant Program for college or university freshmen, sophomores, juniors and seniors to be administered by the Mississippi Postsecondary Education Financial Assistance Board established under Section 37-106-9, Mississippi Code of 1972, which shall set the dates and deadlines for applying for an award under this section. The board shall establish such rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.
(2) The * * * board shall
approve grants to full-time freshmen, sophomore, junior and senior Mississippi
residents who meet the general requirements for student eligibility as provided
in subsection (4) of this section.
(3) Mississippi Resident
Tuition Assistance Grants shall be for Mississippi resident students
from any Mississippi family whose prior year adjusted gross income (AGI)
exceeds the maximum allowed to qualify for full Pell Grant eligibility and
campus-based federal aid. Those Mississippi students * * * qualifying for less than the
full Pell Grant award * * * shall receive a Mississippi
Resident Tuition Assistance Grant in an amount not to exceed the maximum Pell
Grant allowable for that individual student. The award shall be applied to
tuition, rooms and meals, books, materials and fees not to exceed One Thousand
Dollars ($1,000.00) for junior and senior students attending state institutions
of higher learning in Mississippi or four-year regionally accredited, state-approved,
nonprofit colleges and universities in Mississippi, and Five Hundred Dollars
($500.00) for freshmen and sophomores attending state institutions of higher
learning or public community or junior colleges in Mississippi, or regionally
accredited, state-approved, nonprofit two-year or four-year colleges in
Mississippi, which will be prorated per term, semester or quarter of the
academic year for costs of attendance, calculated according to the formula
specified in subsection (8) of this section.
(4) The general requirements for initial eligibility of students for Mississippi Resident Tuition Assistance Grants consist of the following:
(a) Member of a Mississippi family whose prior year adjusted gross income (AGI) exceeds the maximum allowed to qualify for Pell Grant eligibility and campus-based federal aid.
(b) Acceptance for
enrollment at any state institution of higher learning or public community or
junior college located in Mississippi, or any regionally accredited, state-approved,
nonprofit * * * two-year or four-year college or university
located in Mississippi * * *
and approved by the board.
(c) Completion of a secondary education as follows:
(i) Graduation
from high school verified by the institution before disbursement of award with
a minimum grade point average of 2.5 calculated on a 4.0 scale after seven (7)
semesters certified by the high-school counselor or other authorized
school official on the application * * *; or
(ii) * * * Attendance at a home
education program during grade levels 9 through 12 * * *; or
(iii) Satisfactory completion of the General Educational Development Test (GED); or
(iv) * * * Successful
completion of the International Baccalaureate Program * * *.
(d) A minimum score
of fifteen (15) on the ACT test except * * * that:
(i) Any
student entering a vocational or technical program of study, or who has
satisfactorily completed the General Education Development Test and attends a
community or junior college will not be required to have a test score under the * * * ACT unless a student enrolls in courses of academic
study * * *;
(ii) Any student entering a program of study offered by a four-year college or university must have a minimum score of twenty (20) on the ACT test.
(e) Any student currently enrolled in any qualified institution shall have to only meet the same requirements as students who are applying for a renewal award.
* * *
(5) By accepting a Mississippi Resident Tuition Assistance Grant, the student is attesting to the accuracy, completeness and correctness of information provided to demonstrate the student's eligibility. Falsification of such information shall result in the denial of any pending grant and revocation of any award currently held to the extent that no further payments shall be made. Any student knowingly making false statements in order to receive a grant shall be guilty of a misdemeanor punishable, upon conviction thereof, by a fine of up to Ten Thousand Dollars ($10,000.00), a prison sentence of up to one (1) year in the county jail, or both, and shall be required to return all Mississippi Resident Tuition Assistance Grants wrongfully obtained.
(6) Eligibility for renewal of Mississippi Resident Tuition Assistance Grants shall be evaluated at the end of each semester, or term, of each academic year. As a condition for renewal, a student shall:
(a) Make steady academic progress toward a certificate or degree, as outlined in the school Satisfactory Academic Progress Standards and certified by the institution's registrar.
(b) Maintain
continuous enrollment for not less than two (2) semesters or three (3) quarters
in each successive academic year, unless granted an exception for cause by the
administering * * *
board; examples of cause may include student participation in a cooperative
program, internship program or foreign study program. If a student fails to
maintain continuous enrollment, and is not granted an exception for cause by
the administering agency, the student is ineligible to receive the Mississippi
Resident Tuition Assistance Grant during the following semester or trimester or
term of the regular academic year.
(c) Have a cumulative grade point average of at least 2.50 calculated on a 4.0 scale at the end of each semester or trimester or term.
(d) The board may waive the application of the eligibility requirement under subsection (4)(d)(ii) of this section for a community or junior college student who completes at least thirty (30) credit hours with a minimum grade point average of 3.0 as calculated on a 4.0 scale, who provides proof of acceptance for enrollment at a four-year college or university located in Mississippi, and who is otherwise eligible for renewal.
(7) Each student, each year, must complete a Free Application for Federal Student Aid form or a Statement of Certification as designed by the administering board to determine his/her eligibility for a Mississippi Resident Tuition Assistance Grant.
(8) (a) The amount of the Mississippi Resident Tuition Assistance Grant awarded to any one (1) student, up to the maximum amount provided in subsection (3) of this section, shall be the difference of the student's cost of attendance at his accredited college of choice and the amount of federal aid such student may receive, not to supplant but to supplement the amount of any federal aid awarded to the student. Cost of attendance is the tuition and fees of the applicable institution plus an allowance for room and meals and books and materials.
(b) Payment of the Mississippi Resident Tuition Assistance Grant shall be made payable to the recipient and the educational institution and mailed directly to the institution, to be applied first to tuition.
(9) In order for an institution to remain eligible for its students to participate in the Mississippi Resident Tuition Assistance Grant Program, the institution shall comply with the following requirements:
(a) A complete and accurate roster of the eligibility status of each awarded student shall be made to the board for each term, semester or quarter of the academic year the student receives a Mississippi Resident Tuition Assistance Grant.
(b) The institution is required to make refunds to the Mississippi Resident Tuition Assistance Grant Fund for any funds which have not been disbursed to the recipient, in the case of students who have received a grant but who terminate enrollment during the academic term, semester or quarter of the academic year if an institution's refund policies permit a student to receive a refund in such instance. The recipient shall be responsible for the refund of any funds which have been disbursed by the institution in such instance.
(c) If a student drops below full-time status but does not terminate all enrollment during the term, semester or quarter of the academic year no refund will be required for that term. However, that student is ineligible to receive the Mississippi Resident Tuition Assistance Grant during the following term, semester or quarter of the regular academic year.
(d) The board may conduct its own annual audits of any institution participating in the Mississippi Resident Tuition Assistance Grant Program. The board may suspend or revoke an institution's eligibility to receive future monies under the program if it finds that the institution has not complied with the provisions of this section. In determining a student's initial eligibility, the number of prior semesters enrolled will not be counted against the student.
(10) No student may receive a Mississippi Resident Tuition Assistance Grant for more than the equivalent semesters or quarters required to complete one (1) baccalaureate degree or one (1) certificate or associate degree program per institution.
* * *
( * * *11) No student receiving a
Mississippi Eminent Scholars Grant as provided in Section 37-106-31 shall be
eligible to receive the Mississippi Resident Tuition Assistance Grant pursuant
to this section * * * unless he is eligible for such award after the
Mississippi Eminent Scholars Grant has been considered by the board when
conducting an assessment of the financial resources available to the student.
In no case shall any student receive any combination of student financial aid
that would exceed the cost of attendance, as defined in subsection (8)(a).
For purposes of this
section, certificated shall mean, but not be limited to, all postsecondary
vocational programs in eligible institutions * * *
approved by the board.
SECTION 12. Section 37-106-31, Mississippi Code of 1972, is amended as follows:
37-106-31. (1) There is
created a Mississippi Eminent Scholars * * * Grant Program, to be administered
by the Mississippi Postsecondary Education Financial Assistance Board
established under Section 37-106-9. The board shall set the dates that
will serve as the deadlines for applying for an award under this section
and award scholarships to each Mississippi student who:
(a) (i) Is recognized by the merit or achievement programs of the National Merit Scholarship Corporation or the National Achievement Scholarship as a semifinalist or finalist, and has obtained a minimum cumulative grade point average of 3.5 calculated on a 4.0 scale in high-school subjects acceptable for credit toward a diploma, after seven (7) semesters certified by the high-school counselor or other authorized school official on the application and graduation from high school verified by the institution before disbursement of award; or
(ii) Has scored twenty-nine (29) on the American College Testing Program or its equivalent and has obtained a minimum cumulative grade point average of 3.5 calculated on a 4.0 scale after seven (7) semesters certified by the high-school counselor or other authorized school official on the application and graduation from high school verified by the institution before disbursement of award, or the equivalent in high-school subjects acceptable for credit toward a diploma; or
(iii) Has
attended a home education program during grade levels 9 through 12 and has
scored twenty-nine (29) on the American College Testing Program or its
equivalent. * * *
* * *
(b) Meets the general requirements for student eligibility, except as otherwise provided in this section.
* * *
( * * *c) Files, before the deadline, an
application for an award during his last year in high school, or before the
expiration of the third school year succeeding the year of his high-school
graduation.
( * * *d) Attends, on a full-time basis, any
state institution of higher learning or public community or junior college, or
any regionally accredited, state-approved, nonprofit * * * two-year or
four-year college or university located in the State of Mississippi * * *
approved by the board.
( * * *e) Enrolls for the first time as a
college student in Mississippi. Any student who earns postsecondary academic
credit prior to or during the summer immediately subsequent to receiving a high-school
diploma, who is dually enrolled in secondary and postsecondary educational
institutions, or who is enrolled in the early admission program of a
postsecondary institution shall be exempt from this requirement. Any
student who earns postsecondary academic credit at an institution of higher
learning located outside the state shall meet the requirements on grade point
average and maximum credit hours set forth in subsection (2)(b) of this
section.
( * * *f) Is a resident of the State of
Mississippi. * * *
(2) (a) Except for students who earn credits at institutions of higher learning located outside the state, students who apply for awards but do not accept their initial awards may reapply to receive awards during subsequent application periods occurring before the expiration of the third school year succeeding the year of their high school graduation. Similarly, students who receive initial awards and who later do not accept renewal awards may reapply to receive awards during subsequent application periods occurring before the expiration of the third school year succeeding the year of their high school graduation.
(b) Students who earn credits at institutions of higher learning located outside the state and who either (i) apply for awards but do not accept their initial awards, or (ii) receive initial awards but later do not accept renewal awards may reapply to receive awards during subsequent application periods occurring before the expiration of the third school year succeeding the year of their high-school graduation and before completing no more than thirty (30) credit hours at the out-of-state institution.
(c) * * * Reinstatement
applications will be accepted according to dates set by the Mississippi
Postsecondary Education Financial Assistance Board and shall determine the
eligibility of such applicants in the same manner as first-time applicants,
except that students who apply pursuant to this * * * subsection shall be required
to have maintained the equivalent of a 3.5 cumulative grade point average on a
4.0 scale for all college work attempted. The board shall not make awards to
reinstatement applicants who submit applications that are received after the
deadline set by the Mississippi Postsecondary Education Financial Assistance
Board.
( * * *d) The board shall create a renewal
application for each student who received the award for one or more terms
during the immediately preceding academic year.
(3) (a) The annual award to a student shall be up to Two Thousand Five Hundred Dollars ($2,500.00) for tuition and fees. Payment of the Mississippi Eminent Scholars Grant shall be made payable to the recipient and the educational institution and mailed directly to the institution, to be applied first to tuition.
(b) Within six (6) weeks of the end of regular registration, inclusive of a drop-add period, institutions shall certify to the board the eligibility status of each awarded student. The eligibility status of each student to receive a disbursement shall be determined by each institution as of this date. Institutions shall not be required to reevaluate a student's eligibility status after this date for purposes of amending eligibility determinations previously made. However, an institution shall be requested to make refunds for students who receive award disbursements and terminate enrollment for any reason during the academic term when an institution's refund policies permit a student to receive a refund under the circumstances.
(c) Institutions shall certify to the board the amount of funds disbursed to each student and shall remit to the board any undisbursed advances within sixty (60) days of the end of regular registration.
(4) A recipient shall
maintain the equivalent of a 3.5 cumulative grade point average on a 4.0 scale,
or shall maintain an approved equivalent student progress evaluation plan, on
at least twelve (12) hours per quarter, trimester or semester in order to be
eligible for a continuation of the award. No student may receive a Mississippi
Eminent Scholars * * * Grant for more than the equivalent semesters or
quarters required to complete one (1) degree or certificate program per
institution. The award may be renewed annually upon certification of
eligibility by the eligible institutions that the recipient meets the necessary
qualifications. If any recipient transfers from one university, community
college or junior college to another, his award will be transferable, provided
he is otherwise eligible for the award. If a student fails to maintain
continuous enrollment, and is not granted an exception for cause by the
administering agency, the student is ineligible to receive the Mississippi
Eminent Scholars Grant during the following semester or trimester or term of
the regular academic year.
(5) The board may conduct its own annual audits of any institution participating in the Mississippi Eminent Scholars Grant Program. The board may suspend or revoke an institution's eligibility to receive future monies under the program if it finds that the institution has not complied with the provisions of this section.
(6) For purposes of this
section, certificated shall mean, but not be limited to, all
postsecondary vocational programs in eligible institutions * * *
approved by the board.
SECTION 13. Section 37-106-33, Mississippi Code of 1972, which provided for the use of funds appropriated to support certain programs, is repealed.
SECTION 14. Section 37-106-35, Mississippi Code of 1972, is amended as follows:
37-106-35. (1) There is
established the assistant teacher * * * forgivable loan program for
the purpose of assisting eligible assistant teachers to become certificated
teachers through the awarding of * * * forgivable loans
and to attract and retain qualified teachers for those geographical areas of
the state and academic subject areas in which there exist a critical shortage
of teachers. The * * *
forgivable loan program shall be implemented and administered by the
board * * * and is subject to the
availability of funds appropriated specifically therefor by the Legislature.
(2) Under the assistant
teacher * * *
forgivable loan program, qualified assistant teachers may be awarded
financial assistance in an amount that is equal to the actual cost of three (3)
three-hour academic courses per year. However, no assistant teacher may
receive assistance through the program for more than fifteen (15) three-hour
academic courses. An assistant teacher * * * forgivable loan shall not be
based upon an applicant's * * *eligibility for financial * * * need, and the receipt of any other * * * forgivable loan or financial
assistance shall not affect an assistant teacher's eligibility under the
program.
(3) In order to qualify for
an assistant teacher * * *,
forgivable loan, an applicant must satisfy the following requirements:
(a) The applicant must be employed full-time as an assistant teacher with a local school district;
(b) The applicant must
be accepted for enrollment at a baccalaureate degree-granting institution of
higher learning in the State of Mississippi * * * that is regionally accredited and approved by the board;
(c) The assistant
teacher must maintain a minimum cumulative grade point average of 2.5
calculated on a 4.0 scale for all courses funded through the assistant teacher * * * forgivable loan program; and
(d) The assistant teacher must have expressed in writing a present intention to teach in a critical teacher shortage geographic or academic subject area.
* * *
( * * *4) At the beginning of the school year
next succeeding the date on which a person who has received an assistant
teacher * * *
forgivable loan obtains a baccalaureate degree, that person shall begin
to render service as a certificated teacher in a school district or academic
subject area, or both, designated by the State Board of Education. The * * * board shall
establish by rule and regulation the duration of teaching service due
for recipients of * * *
forgivable loans based upon the number of academic hours funded through
the assistant teacher * * *
forgivable loan program. * * * Repayment
and conversion terms shall be the same as those outlined in Section 37-106-53.
SECTION 15. Section 37-106-37, Mississippi Code of 1972, is amended as follows:
37-106-37. (1) There is
created the Teacher Education Scholars Forgivable Loan Program to be
administered by the board * * *of Trustees of State Institutions of Higher Learning. The
program shall provide an annual * * * forgivable loan not to
exceed Fifteen Thousand Dollars ($15,000.00) for each approved teacher
education scholar who is enrolled in one of Mississippi's public or private
universities in the junior year and is admitted into a teacher education
program. Additionally, the program shall provide an annual scholarship not to
exceed Fifteen Thousand Dollars ($15,000.00) for each approved teacher
education scholar who is enrolled in one (1) of Mississippi's public or private
universities in the freshman year and intends to enter into a teacher education
program.
(2) Qualifying teacher education scholars must hold a minimum 28 ACT score and a 3.5 GPA.
(3) A student may receive a * * * forgivable loan from the
program for four (4) consecutive years if the student remains enrolled full
time in the program and makes satisfactory progress toward a baccalaureate
degree with a major in education.
(4) (a) If a teacher
education scholar graduates and is employed as a teacher by a Mississippi
district school board, the scholar is not required to repay the * * * forgivable loan amount so
long as the scholar teaches in a Mississippi public school. The entire * * * forgivable loan amount
shall be forgiven if the scholar remains employed as a Mississippi public
school teacher for five (5) years.
(b) Any teacher who
enters the education scholar program and graduates, and is employed as a
teacher by a Mississippi public school board, in a school rated as
"D" or "F," * * * in addition to being exempt from the
repayment of loan requirement while employed as a Mississippi public school
teacher, such teacher education scholar shall also receive an annual salary
supplement of Six Thousand Dollars ($6,000.00) for each year the scholar
remains in the "D" or "F" school, up to a maximum of five
(5) years. Each scholar employed in a Mississippi public school under the
provisions of this paragraph shall endeavor, within the five-year period of
initial employment, to fulfill the necessary requirements to acquire a Master
Teacher certificate from the National Board of Professional Teaching Standards,
at which time the scholar shall be eligible to receive an annual salary
supplement for such National Board Certified teachers under the provisions of
Section 37-19-7(2)(a)(i). However, if any teacher education scholar graduate
receiving an annual salary supplement provided for in this paragraph (b) shall
complete the certification requirements to become a National Board Certified
teacher within the five-year period of eligibility for salary supplementation,
that teacher shall be entitled to only the annual salary supplement provided
for such National Board Certified teachers, such that the teacher receives only
one (1) annual salary supplement of Six Thousand Dollars ($6,000.00).
(5) * * *
Repayment and conversion terms shall be the same as those outlined in
Section 37-106-53.
* * *
(6) The board * * *
shall promulgate such rules as are necessary to administer the teacher
education scholars program and establish necessary eligibility criteria not
specifically set forth in this section.
SECTION 16. The following shall be codified as Section 37-106-39, Mississippi Code of 1972:
37-106-39. (1) There is established the Mississippi Law Enforcement Officers and Firefighters Scholarship.
(2) Except as provided in this section, if any Mississippi law enforcement officer, full-time firefighter or volunteer firefighter shall suffer or has suffered fatal injuries or wounds or become permanently and totally disabled as a result of injuries or wounds which occurred in the performance of the official and appointed duties of his or her office, his or her spouse, child or children shall be entitled to an eight-semester scholarship without cost, exclusive of books, food, school supplies, materials and dues or fees for extracurricular activities, at any state-supported college or university of his or her choice within this state.
(a) To qualify for a scholarship under this section, an applicant must have graduated from high school with a minimum grade point average of 2.0 as calculated on a 4.0 scale.
(b) No child shall be entitled to receive benefits during any semester or quarter when said child has reached the age of twenty-three (23) years on the first day of said semester or quarter. However, any child who has begun the process of acquiring college credits under the provisions of this section prior to attaining the age of twenty-three (23) years shall be entitled to the full eight-semester scholarship if his or her college instruction was interrupted for any reason.
(c) Scholarship benefits shall not accrue hereunder to any person if the wounds or injuries suffered by any law enforcement officer, full-time firefighter or volunteer firefighter are self-inflicted or if his death is self-induced.
(3) Eligibility for renewal of the scholarship shall be evaluated each academic year at the end of each semester or term. As a condition for renewal, a student shall:
(a) Make steady academic progress toward a certificate or degree, as outlined in the school Satisfactory Academic Progress Standards and certified by the institution's registrar; and
(b) Have a cumulative grade point average of at least 2.5 calculated on a 4.0 scale at the end of each academic year.
(4) For the purposes of this section, these words and phrases shall be defined as follows:
(a) "Mississippi law enforcement officers" shall be defined as follows:
(i) "State highway patrolmen" means all law enforcement officers, regardless of department or bureau, of the Mississippi Highway Safety Patrol.
(ii) "Municipal police officers" means all law enforcement officers of any municipality who are regular duty personnel on full-time status, auxiliary or reserve officers, or those serving on a temporary or part-time status.
(iii) "Sheriffs" and "deputy sheriffs" means all law enforcement officers of full-time duty status on a regular basis serving the sheriff's department of any county, deputy sheriffs who are engaged in administrative or civil duty, auxiliary or reserve deputies, or deputy sheriffs serving in a temporary capacity or part-time basis.
(iv) "Constables" means all duly elected constables of any beat of any county within the state while actually engaged in the performance of their duties concerning the criminal laws of the county and state.
(v) "Conservation officers" means all duly appointed game wardens employed by the State of Mississippi on a full-time duty status while actually engaged in the performance of their duties concerning the game laws of the state.
(vi) "Alcoholic Beverage Control Division agents and inspectors" means all duly appointed agents and investigators of the Alcoholic Beverage Control Division of the Mississippi Department of Revenue on a full-time duty status while actually engaged in the performance of their duties concerning the alcoholic beverage control laws of the state.
(vii) Members of the National Guard serving as peace officers when ordered to state emergency duty under authority vested in the Governor by the Constitution and laws of the state.
(viii) "Tax commission scales enforcement officers" means all duly appointed scales enforcement officers of the Mississippi Department of Revenue on a full-time duty status while actually engaged in the performance of their duties.
(ix) Duly appointed agents of the Mississippi Bureau of Narcotics.
(x) Correctional, probation and parole officers employed by the Mississippi Department of Corrections.
(b) "Mississippi full-time firefighters" shall be defined as all firefighters employed by any subdivision of the State of Mississippi on a full-time duty status while actually engaged in the performance of their duties, and volunteer firefighters shall be defined as any volunteer firefighter registered with the State of Mississippi or a political subdivision thereof on a volunteer firefighting status while actually engaged in the performance of firefighting duties.
(c) "Child" or "children" means natural children, adopted children or stepchildren.
(d) "Spouse" means a person who was, at the time of the death of the decedent, legally married to a Mississippi law enforcement officer, full-time firefighter, or volunteer firefighter, or in the case of a law enforcement officer, full-time firefighter or volunteer firefighter who suffered fatal injuries or wounds, prior to or after March 13, 1990, who has not remarried.
(5) (a) Any law enforcement officer, full-time firefighter or volunteer firefighter claiming permanent and total disability shall be qualified or disqualified for a claim under this section based on examination and review of the following four (4) documents:
(i) A letter from the officer's or firefighter's former supervisor or employer stating whether the officer or firefighter is disabled as a result of injuries or wounds that occurred in the performance of the official duties of his office;
(ii) A statement from the officer's or firefighter's physician stating whether the officer or firefighter is disabled and the reason for that disability;
(iii) Verification from the Public Employees' Retirement System; and
(iv) Verification from the Social Security Administration.
(b) If the law enforcement officer, full-time firefighter or volunteer firefighter suffered fatal injuries or wounds, a claim under this section shall be based on examination and review of the following two (2) documents:
(i) A letter from the officer's or firefighter's former supervisor or employer stating whether he suffered fatal injuries in the performance of the official duties of his office; and
(ii) A death certificate.
(6) Any applicant qualified and desiring a scholarship under the provisions of this section shall apply in writing to the board. The board shall make inquiries into each application and shall make the investigation as it deems proper to establish and validate all claims before a scholarship is granted.
SECTION 17. The following shall be codified as Section 37-106-41, Mississippi Code of 1972:
37-106-41. (1) If any member of the armed services, whose official house of record and residence is within the State of Mississippi, is officially reported as being either a prisoner of war or missing in action in Southeast Asia or has been a prisoner of a foreign government as the result of a military action against the United States naval vessel, Pueblo, his child or children shall be entitled to an eight-semester scholarship without cost, exclusive of books, food, school supplies, materials and dues or fees for extracurricular activities at any state-supported college or university of his choice within this state. However, no child will be entitled to receive benefits during any semester or quarter when said child has reached the age of twenty-three (23) years on the first day of the semester or quarter.
(2) The provisions of this section shall apply to the child or children of any member of the armed services who is officially reported as being either a prisoner of war or missing in action in Southeast Asia whose spouse was a resident of this state for a period not less than ten (10) years during her minority and is a resident or physically resides within this state and does continually reside within this state at the time of enrollment and during the enrollment, and is a resident or physically resides within this state as of April 9, 1973.
(3) It is further provided that the provisions of this section shall apply to the child or children of any person who was a resident of this state at the time he was inducted into the Armed Forces of the United States of America and who is either a former prisoner of war or officially reported as being a prisoner of war or missing in action in Southeast Asia and who, or his spouse if she was a resident of this state for a period of not less than ten (10) years during her minority, is a resident of this state and at the time of enrollment and during the enrollment of his child or children at any state-supported college or university in this state resided or resides in this state.
(4) Any applicant qualified and desiring a scholarship under this section shall apply in writing to the board. The board shall make inquiries into each such application and shall make the investigation as it deems proper to establish and validate all claims made under this section before a scholarship is granted.
SECTION 18. The following shall be codified as Section 37-106-43, Mississippi Code of 1972:
37-106-43. (1) There is hereby established an intern educational program to be designated as the Mississippi Public Management Graduate Intern Program to be administered by the board through a program coordinator. The program shall consist of not more than thirty-six (36) positions in the general fields of public management, program analysis and public administration. These positions shall not be included in the number of employees allowed by law within a particular state agency. Graduate intern students shall be temporarily assigned by the program coordinator to specific state or local agencies and offices, including offices of the Legislature. Each participating agency or office shall not employ more than four (4) graduate intern students per year. To qualify for the program, a student must (a) be enrolled as a graduate student in a state university masters program in public administration, public policy and administration, or criminal justice administration; and (b) have committed himself to a field of graduate study directly related to a state or local government public managerial position.
(2) There is hereby created the Mississippi Intern Public Management Education Council to consist of the following members: The chairmen of the various departments of Mississippi institutions of higher learning that offer graduate programs in one of the following: public administration, public policy and administration, and criminal justice administration. The council shall elect from its membership a chairman, which shall be a rotating, one-year appointment. The council shall meet at the place and time designated by the chairman at least twice but no more than six (6) times per year.
(3) The council shall adopt, amend and repeal the rules and regulations as it deems necessary to establish standards and ensure the orderly execution of the objectives of the intern educational program, not inconsistent with the provisions of this section. The regulations shall be submitted to the board for implementation by the program coordinator. The council shall review and evaluate the program on a yearly basis and submit its findings to the program coordinator.
(4) There is hereby created the position of Program Coordinator who shall be the Chief Administrative Officer of the Mississippi Public Management Graduate Intern Program. The program coordinator shall be appointed by and be an employee of the agency.
(5) The program coordinator shall administer the policies of the council and supervise and direct all technical activities of the program. The coordinator shall select students to participate in the program based upon the nominees of the participating state institutions of higher learning. No participating university shall be allotted less than three (3) intern students per year unless the university nominates less than three (3) students. The coordinator shall place the intern students in state or local agencies which agree in writing to participate in the program.
(6) The program coordinator shall prepare and deliver to the Legislature and to the Governor an annual report describing the operation and progress of the Mississippi Public Management Graduate Intern Program, including a detailed statement of expenditures and any recommendations the board may have.
(7) It shall be the duty and responsibility of universities participating in the intern program to nominate qualified graduate students to the program and to keep the program coordinator fully apprised of the academic development of the intern student, including any change in the student's educational status.
(8) State or local agencies participating in the intern program shall employ intern students with the expectation that they shall contribute to agency policy decisions, participate in managerial activities, and deliver agency services. Intern graduate students shall receive compensation on the basis of their professional work experience, but shall receive no less than Seven Hundred Fifty Dollars ($750.00) per month or Four Thousand Five Hundred Dollars ($4,500.00) for a six-month work period. In addition to the salary, students shall be reimbursed for necessary expenses and mileage authorized by law for travel to seminars, workshops and training sessions, as well as other related professional travel expenses. When the student has received his graduate degree, the agency may offer him a permanent position with the state or local agency or office, assuming funding and position openings are available.
(9) Intern students shall submit an evaluation of the intern program and an assessment of its educational value to the program coordinator at the end of each work period.
SECTION 19. The following shall be codified as Section 37-106-47, Mississippi Code of 1972:
37-106-47. The board is authorized and empowered to establish forgivable loan programs of like character, operation and purpose to the foregoing enumerated programs to encourage the participation of eligible worthy persons in courses of instruction in its institutions, and in furtherance of such power and authority is authorized: to adopt and implement rules and regulations declaring and describing the goals and objectives of such forgivable loan programs; to establish the eligibility requirements for entry into such program and required for continuing participation for succeeding years; to determine the maximum amount to be made available to recipients; to delineate the terms and conditions of contracts with recipients and establish the service requirements for such contracts, if any; to enter into contracts pertaining to such programs with recipients; to enter into loan agreements and other contracts with financial institutions or other providers of loan monies for forgivable loan and loan repayment participants; and to allocate and utilize such funds as may be necessary for the operation of such forgivable loan programs from the annual appropriation for student financial aid. In issuing rules and regulations governing the administration of the Graduate Teacher Summer Scholarship (GTSS) program, the board shall provide that certified teachers at the Oakley Youth Development Center under the jurisdiction of the Department of Human Services shall be fully eligible to participate in the program.
SECTION 20. The following shall be codified as Section 37-106-49, Mississippi Code of 1972:
37-106-49. In connection with the forgivable loan programs administered by the board, and in addition to the funding of the same through the use of state funds, the board is authorized to establish a loan repayment mechanism employing agreements to repay private sector loans for education or guaranteed student loans. As an alternative to the forgivable loans administered by the board, the board is authorized to develop contractual relations with eligible applicants to repay, for and on behalf of the applicants, any or all outstanding private sector loans for education or guaranteed student loans, by undertaking to repay installments of interest and principal according to the requirement of the loans, so long as the applicants perform the terms of their loan or scholarship contracts with the board. The board may establish by rule and regulation the terms of the contracts so as to accomplish the purposes of the loan repayment programs, including, but not limited to: the maximum amount the board will undertake to repay; the maximum duration of the repayment arrangement or the period of required service; the geographical location for approved service; the nature of the service to be rendered; the needed professional occupations; the critical majors or subject areas of concentration; the criteria to determine need and the degree of need required for eligibility; and the scholastic achievement level required to be maintained by the student participants. The board may prescribe other rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.
SECTION 21. The following shall be codified as Section 37-106-51, Mississippi Code of 1972:
37-106-51. The board is authorized to establish a consolidated revolving loan fund for the purpose of providing monies for the operation of all forgivable loan programs authorized to the board and for the purpose of providing monies for the operation of such other loan programs as may be deemed appropriate and authorized by the board from time to time for the furtherance of education of eligible applicants. The board shall be charged with the duty of directing the dispensing of such funds in a manner so as to best effectuate the purpose of this section. Any monies collected in the form of repayment of loans, both principal and interest, shall be deposited in this fund. The board of trustees is authorized to maintain such revolving fund in an official state depository and, in accordance with Section 27-105-21, Mississippi Code of 1972, shall invest such funds, less the amount required for current operation, at interest as required by said section. All interest earned on such investments shall likewise be deposited in said fund.
From and after the effective date of this chapter [Laws, 1991, Chapter 547, effective July 1, 1991], the sums maintained in the respective revolving funds being repealed by Chapter 547, Laws, 1991, or other revolving funds being maintained by the board of trustees shall become and constitute the monies of the consolidated revolving fund created by this section, wherever such funds may be physically located. The board of trustees is hereby authorized to transfer said funds to an official state depository, as aforesaid.
SECTION 22. The following shall be codified as Section 37-106-53, Mississippi Code of 1972:
37-106-53. (1) Forgivable loans shall be made and based upon the following options for repayment or conversion to interest-free scholarships:
(a) Payment in full of principal plus a penalty of five percent (5%) of the principal and interest on the combined principal and penalty must be made in monthly installments, the maximum number of which will be determined by the board, unless set for in this chapter. Interest will begin to accrue at the date of separation from the approved program of study at a rate equal to the unsubsidized Federal Stafford loan rate at the time of separation. Repayment will commence one (1) month after separation from the program of study, unless the recipient is granted a grace period or deferment by the board. The availability and length of a grace period will be determined by the board. The availability and length of any deferments will be determined by the board.
(b) In lieu of payment in full of both principal and interest, a loan recipient may elect to repay by entry into service employment. Service requirements for each forgivable loan program will be determined by the board, unless set forth in this chapter. Unless excepted by this chapter, repayment under this option shall convert loan to scholarship, and discharge the same, on the basis of one (1) year's full-time service for one (1) year's loan amount or its equivalent if the recipient attended part-time, or the appropriate proportion of the total outstanding balance of principal and interest, all as shall be established by rule and regulation of the board. The period of service shall in no event be less than one (1) year. If at any time prior to the repayment in full of the total obligation the recipient abandons or abrogates repayment by this option, the provisions of Section 37-106-53(1)(c) shall apply.
(c) In the event of abandonment or abrogation of the option for repayment as provided for in Section 37-106-53(1)(b), the remaining balance of unpaid or undischarged principal plus a penalty of five percent (5%) of the unpaid or undischarged principal and interest on the combined principal and penalty shall become due and payable over the remaining period of time as if the option provided for in Section 37-106-53(1)(a) had been elected upon separation and the conclusion of any applicable grace and deferment periods.
(2) Any person failing to complete a program of study which will enable that person to enter service employment, or failing to obtain any required licensure or additional credentials necessary for that person to enter service employment shall become liable to the board for the sum of all forgivable loan awards made to that person plus a penalty of five percent (5%) of the loan awards and interest on the combined amount accruing at the current unsubsidized Federal Stafford loan rate at the time the person abrogates his participation in the program.
(3) If a claim for payment under this subsection is placed in the hands of a collection agency or an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable collection commission or attorney's fee as well as any court costs.
(4) The obligations made by the recipient of a forgivable loan award shall not be voidable by reason of the age of the student at the time of receiving the scholarship.
SECTION 23. The following shall be codified as Section 37-106-55, Mississippi Code of 1972:
37-106-55. (1) There is established the "Critical Needs Teacher Forgivable Loan Program," the purpose of which is to attract qualified teachers to those geographical areas of the state and those subject areas of the curriculum where there exists a critical shortage of teachers by awarding forgivable loans to persons declaring an intention to serve in the teaching field who actually render service to the state while possessing an appropriate teaching license.
(2) Any individual who is enrolled in or accepted for enrollment at a teacher education program approved by the State Board of Education or other program at a baccalaureate degree-granting institution of higher learning in the State of Mississippi and has a passing score on the Praxis I Basic Skills Test who expresses in writing an intention to teach in a geographical area of the state or a subject area of the public school curriculum in which there exists a critical shortage of teachers, as designated by the State Board of Education, shall be eligible for a forgivable loan to be applied toward the costs of the individual's college education. The annual amount of the award shall be equal to the total cost for tuition, room and meals, books, materials and fees at the college or university in which the student is enrolled, not to exceed an amount equal to the highest total cost of tuition, room and meals, books, materials and fees assessed by a state institution of higher learning during that school year. Awards made to nonresidents of the state shall not include any amount assessed by the college or university for out-of-state tuition.
(3) Awards granted under the Critical Needs Teacher Forgivable Loan Program shall be available to both full-time and part-time students. Students enrolling on a full-time basis may receive a maximum of two (2) annual awards. The maximum number of awards that may be made to students attending school on a part-time basis, and the maximum time period for part-time students to complete the number of academic hours necessary to obtain a baccalaureate degree in education, shall be established by rules and regulations promulgated by the board. Critical Needs Teacher Forgivable Loans shall not be based upon an applicant's financial need.
(4) Awards granted under the Critical Needs Teacher Forgivable Loan Program shall be made available to nontraditional licensed teachers showing a documented need for student loan repayment and employed in those school districts designated by the State Board of Education as a geographical area of the state or in a subject area of the curriculum in which there is a critical shortage of teachers. The maximum annual amount of this repayment should not exceed Three Thousand Dollars ($3,000.00) and the maximum time period for repayment shall be no more than four (4) years.
(5) Except in those cases where employment positions may not be available upon completion of licensure requirements, at the beginning of the first school year in which a recipient of a Critical Needs Teacher Forgivable Loan is eligible for employment as a licensed teacher or a nontraditional teacher intern pursuant to Section 37-3-2(6)(b), that person shall begin to render service as a licensed teacher or nontraditional teacher intern in a public school district in a geographical area of the state or a subject area of the curriculum where there is a critical shortage of teachers, as approved by the State Board of Education.
(6) Failure to repay any loan and interest that becomes due shall be cause for the revocation of a person's teaching license by the State Board of Education.
(7) Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.
(8) The board shall promulgate rules and regulations necessary for the proper administration of the Critical Needs Teacher Forgivable Loan Program.
(9) The State Board of Education shall compile and report, in consultation with the board, an annual report with findings and recommendations to the legislative committees on education by December 1, 2003, and annually thereafter, on the following:
(a) The number of participants in the Critical Needs Teacher Forgivable Loan Program, by institution and by freshman, sophomore, junior and senior level;
(b) The number of nontraditional teacher license program participants;
(c) The number of individuals who completed the Critical Needs Teacher Forgivable Loan Program and the school district in which they are employed;
(d) The number of individuals who are in default of their obligation under the Critical Needs Teacher Forgivable Loan Program and the status of their obligation;
(e) The number of participants in the program who have successfully completed the Praxis examination in their junior year; and
(f) The number of noneducation majors participating in the program.
(10) Where local school districts exhibit financial need, the State Department of Education may, subject to the availability of funds specifically appropriated therefor by the Legislature, provide financial assistance for the recruitment of certified teachers in an amount not to exceed Seventy-five Thousand Dollars ($75,000.00) annually.
SECTION 24. The following shall be codified as Section 37-106-57, Mississippi Code of 1972:
37-106-57. (1) It is the intention of the Legislature to attract and retain qualified teachers by awarding incentive loans to persons declaring an intention to serve in the teaching field and who actually render service to the state while possessing an appropriate teaching license.
(2) There is established the "William F. Winter Teacher Forgivable Loan Program."
(3) Subject to the availability of funds, students who are enrolled in any baccalaureate degree-granting institution of higher learning in the State of Mississippi that is regionally accredited and approved by the board and who have expressed in writing a present intention to teach in Mississippi shall be eligible for student loans to be applied to the costs of their college education. Persons who have been admitted to a teacher education program or a nontraditional teacher internship licensure program authorized under Section 37-3-2(6)(b), as approved by the State Board of Education, shall also qualify for loans at approved institutions. The board shall provide that teacher education majors and noneducation majors shall have equal access to forgivable loans under authority of this section.
(4) A junior establishing initial eligibility shall be eligible for a maximum of two (2) annual loans and a senior shall be eligible for one (1) annual loan.
(5) The maximum annual loan shall be set by the board at an amount not to exceed the cost of attendance at any baccalaureate degree-granting institution of higher learning in the State of Mississippi. However, it is the intent of the Legislature that the maximum annual loan amounts under the William F. Winter Teacher Forgivable Loan Program shall not be of such amounts that would compete with the Critical Needs Teacher Forgivable Loan Program.
(6) The loans of persons who actually render service as licensed teachers or nontraditional teacher interns authorized under Section 37-3-2(6)(b) in a public school, including a charter school, in Mississippi for a major portion of the school day for at least seventy-eight (78) school days shall be converted to interest-free scholarships. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.
(7) Failure to repay any loan and interest that becomes due shall be cause for the revocation of a person's teaching license by the State Department of Education.
(8) The board shall promulgate regulations necessary for the proper administration of this section.
SECTION 25. The following shall be codified as Section 37-106-59, Mississippi Code of 1972:
37-106-59. (1) There is created a forgivable loan program for baccalaureate study in nursing. Forgivable loans are established and shall be allocated to students who: (a) are accepted and enrolled in an accredited Mississippi School of Nursing approved by the board; (b) complete an application by the deadline established by the board; and (c) enter into contract with the board, obligating themselves to pursue to completion the course of study agreed upon, and following the completion of such work, to spend a period of time in teaching nursing at any accredited school of nursing in Mississippi, approved by the board, or in performing other work in the interest of public health in the state, to be approved by the board. Repayment and conversion terms shall be the same as outlined in Section 37-106-53.
(2) There is created a program for advanced study in nursing. Forgivable loans are established and shall be allocated to students who: (a) have graduated from an accredited high school and from a school of nursing and are licensed registered nurses in Mississippi; and (b) are approved by the board; and (c) enter into contract with the board, obligating themselves to pursue to completion the course of study agreed upon, and immediately following the completion of such work, to spend a period of time, equal to the period of study provided under the scholarship, in teaching nursing at any accredited school of nursing in Mississippi, approved by the board, or in performing other work in the interest of public health in the state, to be approved by the board. Repayment and conversion terms shall be the same as outlined in Section 37-106-53.
(3) In addition to a forgivable loan, any such student may be allocated a loan not to exceed One Thousand Dollars ($1,000.00) per month for each month of full-time study in a graduate nursing program. The repayment of the principal and interest of such loans shall be eligible for deferment during attendance as a full-time student in an approved program for advanced study in an accredited school of nursing. For any student who receives this loan, the student's contract with the board shall obligate the student, immediately following completion of the course of study, to repay the loan by teaching nursing for not less than two (2) years at any accredited school of nursing in Mississippi approved by the board. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53, except that teaching service shall convert the loan to an interest-free scholarship, and discharge the same, on the basis of two (2) years of service for one (1) year's loan amount, or the appropriate proportion of the total outstanding balance of principal and interest, all as established by rule and regulation of the board.
(4) The board shall establish the rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.
SECTION 26. The following shall be codified as Section 37-106-61, Mississippi Code of 1972:
37-106-61. (1) There is hereby created the state medical forgivable loan program. The purpose of such program shall be to enable eligible applicants who desire to become physicians to obtain a medical education in the University of Mississippi School of Medicine, which will qualify them to become licensed, practicing physicians and surgeons.
(2) The board shall establish, by rule and regulation, the maximum annual award which may be made under this program at an amount not to exceed the cost of tuition and other expenses, and shall establish the maximum number of awards which may be made not to exceed the length of time required to complete the degree requirements and internship or residency.
(3) Repayment and conversion terms shall be the same as those outlined in Section 37-106-53 and shall include the following:
(a) Payment in full of principal and interest must be made in sixty (60) or less equal monthly installments;
(b) In lieu of payment in full of both principal and interest, a loan recipient may elect to repay by entry into public health work at a state health institution as defined in Section 37-106-67(2), or community health centers that are grantees under Section 330 of the United States Public Health Service Act;
(c) In lieu of payment in full of both principal and interest, a loan recipient may elect to repay by entry into the practice of medicine in a primary health care field in an area outside of a metropolitan statistical area, as defined and established by the United States Census Bureau, and within a region ranking between 1 and 54, inclusively, on the Relative Needs Index of Five Factors for Primary Care Physicians, as annually determined by the State Board of Health, for a period of five (5) years.
(4) The board shall establish the rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.
SECTION 27. The following shall be codified as Section 37-106-63, Mississippi Code of 1972:
37-106-63. (1) There is hereby created the state dental forgivable loan program. The purpose of the program shall be to enable eligible applicants who desire to become dentists to obtain a standard four-year education in the study of dentistry in the University of Mississippi School of Dentistry, which will qualify them to become licensed, practicing dentists.
(2) The board shall establish, by rule and regulation, the maximum annual award which may be made under this program at an amount not to exceed the cost of tuition and other expenses, and shall establish the maximum number of awards, which may be made not to exceed the length of time required to complete the degree requirements.
(3) Repayment and conversion terms shall be the same as those outlined in Section 37-106-53 and shall include the following:
(a) Payment in full of principal and interest must be made in sixty (60) or less equal monthly installments;
(b) In lieu of payment in full of both principal and interest, a loan recipient may elect to repay by entry into public health work at a state health institution as defined in Section 37-106-67(2), or community health centers that are grantees under Section 330 of the United States Public Health Service Act;
(c) In lieu of payment in full of both principal and interest, a loan recipient may elect to repay by entry into the practice of dentistry in an area outside of a metropolitan statistical area, as defined and established by the United States Census Bureau, and within a region ranking between 1 and 54, inclusively, on the Relative Needs Index of Four Factors for Dentists, as annually determined by the State Board of Health, for a period of five (5) years.
(4) The board shall establish the rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.
SECTION 28. The following shall be codified as Section 37-106-65, Mississippi Code of 1972:
37-106-65. The board, under such rules and regulations as it shall determine may provide forgivable loans for instruction in graduate and professional schools for qualified students, who are residents of Mississippi, in institutions outside the state boundaries, when such instruction is not available for them in the regularly supported Mississippi institutions of higher learning. The board shall, by its rules and regulations, determine the qualifications of such students as may be aided by this section, and the decision by the board as to the qualifications of such students shall be final. Subject to the availability of funding, the board shall provide forgivable loans for such graduate and professional instruction at a cost to students, not exceeding the cost, as estimated by the board, of such instruction, if it were available at a state supported institution of higher learning in the State of Mississippi. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.
SECTION 29. The following shall be codified as Section 37-106-67, Mississippi Code of 1972:
37-106-67. (1) There is established a health care professions' forgivable loan program. It is the intent of the Legislature that persons declaring an intention to work at certain state health institutions as nurses, nurse practitioners, speech pathologists, psychologists, occupational therapists and physical therapists shall be eligible for a loan for the purpose of acquiring an education in such professions. The board shall enter into contracts with applicants, providing that such loans may be discharged by working as a health care professional in a state health institution, as defined in this section. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.
(2) "State health institution" shall mean any of the following: any facility or program operated by the Department of Mental Health; the State Board of Health; mental health/intellectual disability facilities under the administration of a regional commission as established under Section 41-19-31 which are certified by the Department of Mental Health; and health care facilities under the Department of Corrections.
(3) The board shall establish rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.
SECTION 30. The following shall be codified as Section 37-106-69, Mississippi Code of 1972:
37-106-69. (1) There is established a forgivable loan program to encourage family protection workers employed by the Department of Human Services to obtain the college education necessary to become licensed as a social worker, master social worker or certified social worker and become a family protection specialist for the department.
(2) Any person who is employed as a family protection worker for the Department of Human Services shall be eligible for a forgivable loan from the board which shall be used to pay the costs of the person's education at a state institution of higher learning in Mississippi to obtain a college degree that is necessary to become licensed as a social worker, master social worker or certified social worker and become a family protection specialist for the department. The annual amount of a forgivable loan award under the program shall be equal to the total cost of tuition and fees at the college or university in which the student is enrolled, not to exceed an amount equal to the highest total cost of tuition and fees assessed by a state institution of higher learning during that school year.
(3) Forgivable loans made under the program shall be available to both full-time and part-time students. Students enrolling on a full-time basis may receive a maximum of two (2) annual awards. The maximum number of forgivable loans that may be made to students attending school on a part-time basis, and the maximum time period for part-time students to complete the number of academic hours necessary to obtain the necessary degree, shall be established by rules and regulations of the board. Forgivable loans made under the program shall not be based upon an applicant's financial need. A student must maintain a "C" average or higher in his or her college coursework in order to continue receiving the forgivable loan.
(4) Repayment and conversion terms shall be the same as those outlined in Section 37-106-53, except for the following:
(a) After a person who received a forgivable loan under the program has obtained a college degree that is necessary to become licensed as a social worker, master social worker or certified social worker and has received such a license from the Board of Examiners for Social Workers and Marriage and Family Therapists, the person shall render service as a family protection specialist for the Department of Human Services for a period of not less than three (3) years from the date that the person became a family protection specialist;
(b) Any person who fails to complete his or her service obligation as a family protection specialist for the Department of Human Services for not less than three (3) years, as required under subsection (4)(a) of this section, shall become liable immediately to the board for the sum of all forgivable loan awards made to that person, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his or her service.
(5) It is the intent of the Legislature that the pursuit of necessary college education by family protection workers through the forgivable loan program shall not interfere with the duties of the family protection workers with the Department of Human Services. The department shall promulgate regulations regarding family protection workers who participate in the forgivable loan program to ensure that such participation does not interfere with their duties with the department.
(6) The board shall promulgate rules and regulations necessary for the proper administration of the forgivable loan program established under this section. The board shall be the administering agency of the program.
(7) The total amount of state funds that may be expended for this program shall not exceed Three Hundred Twenty Thousand Dollars ($320,000.00) in any fiscal year.
SECTION 31. The following shall be codified as Section 37-106-71, Mississippi Code of 1972:
37-106-71. (1) There is established the Mississippi Dyslexia Education Forgivable Loan Program for the purpose of identifying and recruiting qualified university and college students from the state for schooling in education with a focus on dyslexia therapy.
(2) The receipt of a forgivable loan under the program shall be solely limited to those students who are enrolled in or who have been accepted for enrollment into a master's degree program of study for dyslexia therapy at any public or private institution of higher learning within the State of Mississippi at the time an application for a forgivable loan is filed with the board.
(3) The annual amount of the forgivable loan award shall be equal to the total cost for tuition, materials and fees at the college or university in which the student is enrolled. Awards made to nonresidents of the state shall not include any amount assessed by the college or university for out-of-state tuition.
(4) Upon completion of the master's program and licensure requirements, a forgivable loan recipient who has not been previously licensed by the State Department of Education shall render service as licensed teacher of dyslexia therapy in a public school district in the state.
(5) Repayment and conversion terms shall be the same as those outlined in Section 37-106-53 except that any person who received two (2) annual awards, or who received fewer than two (2) annual awards, or the equivalent of two (2) annual awards, shall render one (1) year's services as a licensed teacher for each year that the person received a forgivable loan award.
(6) Any person failing to complete a program of study which will enable that person to obtain a master's degree in dyslexia therapy shall become liable immediately to the board for the sum of all Dyslexia Education Forgivable Loan awards made to the person, plus interest accruing at the current Stafford Loan rate at the time the person abrogates his or her participation in the program.
(7) The board shall prepare and submit a report to the Legislature by January 1, 2015, outlining in detail the number of participants who have received forgivable loans under the program, the record of service provided by those recipients as they transition out of the degree program into the public school districts of this state, and the projection for expanding the program to include more participants annually as determined by the need for such qualified professionals in the public school setting. Additionally, the report shall include a summary of allocations and expenditures for the administration of the program and the total amount of funds issued to recipients of forgivable loan from the inception of the program until such time as the report has been prepared and submitted to the Legislature.
(8) The Mississippi Dyslexia Education Forgivable Loan Program shall be administered in the same manner as the Critical Needs Teacher Forgivable Loan Program established under Section 37-106-55 and shall be incorporated into the Critical Needs Teacher Forgivable Loan Program for all purposes.
(9) Funding for the establishment and continued operation of the Mississippi Dyslexia Education Forgivable Loan Program shall be administered by the board through a special fund established within the Critical Needs Teacher Forgivable Loan Program. The board may accept and receive monetary gifts and donations from any source, public or private, which such funds shall be deposited in the special fund for the benefit of the Mississippi Dyslexia Education Forgivable Loan Program with the Critical Needs Teacher Forgivable Loan Program.
(10) No more than twenty (20) students per cohort shall be selected annually to be admitted into the program for receipt of forgivable loans beginning with the 2013-2014 academic year. However, forgivable loans awarded under the program shall be provided only to students who have been accepted into a Dyslexia Therapy Master's Degree Cohort Program approved by the State Department of Education that provides instructional training as required under Chapter 173, Title 37, Mississippi Code of 1972, for dyslexia therapy in preparation of those cohort students for AA licensure by the department.
SECTION 32. The following shall be codified as Section 37-106-73, Mississippi Code of 1972:
37-106-73. Speech-Language Pathologists Forgivable Loan Program. (1) There is established a Speech-Language Pathologists Forgivable Loan Program. It is the intent of the Legislature that persons declaring an intention to work in an accredited public school (K-12), including a charter school, located in the State of Mississippi as a speech-language pathologist shall be eligible for a loan for the purpose of acquiring a master's level education in such profession. The board shall enter into contracts with applicants, providing that such loans may be discharged by working as a master's level speech-language pathologist in an accredited public school (K-12), including a charter school, located in the State of Mississippi.
Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.
(2) The board shall establish rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.
The provisions of this section shall be subject to specific appropriation therefor by the Legislature.
SECTION 33. The following shall be codified as Section 37-106-75, Mississippi Code of 1972:
[From and July 1, 2014, and until June 30, 2015, this section shall read as follows:]
37-106-75. (1) The Legislature hereby establishes the Higher Education Legislative Plan Grant Program.
(2) For purposes of this section:
(a) "Institution of higher education" shall mean any state institution of higher learning or public community or junior college, or any regionally accredited, state-approved, nonprofit four- or two-year college or university located in the State of Mississippi approved by the board.
(b) "Tuition" shall mean the semester or trimester or term charges and all required fees imposed by an institution of higher education as a condition of enrollment by all students. However, for a two-year nonpublic institution of higher education defined in paragraph (a), the tuition payments shall not exceed the average charges and fees required by all of the two-year public institutions of higher education defined in paragraph (a), and for a four-year nonpublic institution of higher education defined in paragraph (a), the tuition payments shall not exceed the average charges and fees required by all of the four-year public institutions of higher education defined in paragraph (a).
(3) Subject to the availability of funds, the state may pay the tuition of students who enroll at any state institution of higher education to pursue an academic undergraduate degree who apply for the assistance under the program and who meet all of the following qualifications:
(a) Actual residence in Mississippi during the twenty-four (24) months immediately preceding university enrollment.
(b) Have a parent or guardian who is a domiciliary of Mississippi.
(c) Graduate from high school within the two (2) years preceding the application with a minimum cumulative grade point average of 2.5 calculated on a 4.0 scale.
(d) Successfully complete seventeen and one-half (17-1/2) units of high-school course work which includes the College Preparatory Curriculum (CPC) approved by the Board of Trustees of State Institutions of Higher Learning and required for admission into a state university, plus one (1) unit of art which may include one (1) unit or two (2) one-half (1/2) units from the approved Mississippi Department of Education Arts-Visual and Performing series, and one (1) additional advanced elective unit, which may include Foreign Language II.
(e) Have a composite score on the American College Test of at least twenty (20) on the 1989 version or an equivalent concordant value on an enhanced version of such test.
(f) Have no criminal record, except for misdemeanor traffic violations.
(g) Be in financial need.
(4) Subject to the availability of funds, the state may pay the tuition of students who enroll at any state institution of higher education to pursue an academic undergraduate degree or associate degree who apply for assistance under the program and who meet the qualifications in paragraphs (a), (b), (f) and (g) of subsection (3) but who fail to meet one (1) of the particular requirements established by paragraph (c), (d) or (e) of subsection (3) by an amount of ten percent (10%) or less.
(5) To maintain continued state payment of tuition, once enrolled in an institution of higher education, a student shall meet all of the following requirements:
(a) Make steady academic progress toward a degree, earning not less than the minimum number of hours of credit required for full-time standing in each academic period requiring such enrollment;
(b) Maintain continuous enrollment for not less than two (2) semesters or three (3) quarters in each successive academic year, unless granted an exception for cause by the board;
(c) Have a cumulative grade point average of at least 2.5 calculated on a 4.0 scale at the end of the first academic year and thereafter maintain such a cumulative grade point average as evaluated at the end of each academic year;
(d) Have no criminal record, except for misdemeanor traffic violations; and
(e) Be in financial need.
(6) The provisions of this section shall be administered by the board. The board may promulgate rules for all matters necessary for the implementation of this section. By rule, the board shall provide for:
(a) A mechanism for informing all students of the availability of the assistance provided under this section early enough in their schooling that a salutary motivational effect is possible;
(b) Applications, forms, financial audit procedures, eligibility and other program audit procedures and other matters related to efficient operation;
(c) A procedure for waiver through the 1996-1997 academic year of the program eligibility requirement for successful completion of a specified core curriculum upon proper documentation by the applicant that failure to comply with the requirement is due solely to the fact that the required course or courses were not available to the applicant at the school attended.
(7) An applicant shall be found to be in financial need if:
(a) The family has one (1) child under the age of twenty-one (21), and the two-year average annual adjusted gross income of the family is less than Thirty-nine Thousand Five Hundred Dollars ($39,500.00); or
(b) The family has a two-year average annual adjusted gross income of less than Thirty-nine Thousand Five Hundred Dollars ($39,500.00) plus Five Thousand Dollars ($5,000.00) for each additional child under the age of twenty-one (21).
The two-year average annual adjusted gross income of the family shall be verified by Internal Revenue Service returns or by certified affidavits in cases of income that cannot be verified by such returns.
As used in this subsection, the term "family" for an unemancipated applicant means the applicant, the applicant's parents and other children under age twenty-one (21) of the applicant's parents. The term "family" for an emancipated applicant means the applicant, an applicant's spouse, and any children under age twenty-one (21) of the applicant and spouse.
(8) No student shall receive a grant under this section in an amount greater than the tuition charged by the school. The student must apply for a federal grant prior to receiving state funds.
[From and after July 1, 2015, this section shall read as follows:]
37-106-75. (1) The Legislature hereby establishes the Higher Education Legislative Plan Grant Program.
(2) For purposes of this section:
(a) "Institution of higher education" shall mean any state institution of higher learning or public community or junior college, or any regionally accredited, state-approved, nonprofit four- or two-year college or university located in the State of Mississippi approved by the board.
(b) "Tuition" shall mean the semester or trimester or term charges and all required fees imposed by an institution of higher education as a condition of enrollment by all students. However, for a two-year nonpublic institution of higher education defined in paragraph (a), the tuition payments shall not exceed the average charges and fees required by all of the two-year public institutions of higher education defined in paragraph (a), and for a four-year nonpublic institution of higher education defined in paragraph (a), the tuition payments shall not exceed the average charges and fees required by all of the four-year public institutions of higher education defined in paragraph (a).
(3) Subject to the availability of funds, the state may pay the tuition of students who enroll at any state institution of higher education to pursue an academic undergraduate degree who apply for the assistance under the program and who meet all of the following qualifications:
(a) Actual residence in Mississippi during the twenty-four (24) months immediately preceding university enrollment.
(b) Have a parent or guardian who is a domiciliary of Mississippi.
(c) Graduate from high school within the two (2) years preceding the application with a minimum cumulative grade point average of 2.5 calculated on a 4.0 scale.
(d) Successfully complete seventeen and one-half (17-1/2) units of high-school course work which includes the College Preparatory Curriculum (CPC) approved by the Board of Trustees of State Institutions of Higher Learning and required for admission into a state university, plus one (1) unit of art which may include one (1) unit or two (2) one-half (1/2) units from the approved Mississippi Department of Education Arts-Visual and Performing series, and one (1) additional advanced elective unit, which may include Foreign Language II.
(e) Have a composite score on the American College Test of at least twenty (20) on the 1989 version or an equivalent concordant value on an enhanced version of such test.
(f) Have no criminal record, except for misdemeanor traffic violations.
(g) Be in financial need.
(4) Subject to the availability of funds, the state may pay the tuition of students who enroll at any state institution of higher education to pursue an academic undergraduate degree or associate degree who apply for assistance under the program and who meet the qualifications in paragraphs (a), (b), (f) and (g) of subsection (3) but who fail to meet one (1) of the particular requirements established by paragraph (c), (d) or (e) of subsection (3) by an amount of ten percent (10%) or less.
(5) To maintain continued state payment of tuition, once enrolled in an institution of higher education, a student shall meet all of the following requirements:
(a) Make steady academic progress toward a degree, earning not less than the minimum number of hours of credit required for full-time standing in each academic period requiring such enrollment;
(b) Maintain continuous enrollment for not less than two (2) semesters or three (3) quarters in each successive academic year, unless granted an exception for cause by the board;
(c) Have a cumulative grade point average of at least 2.5 calculated on a 4.0 scale at the end of the first academic year and thereafter maintain such a cumulative grade point average as evaluated at the end of each academic year;
(d) Have no criminal record, except for misdemeanor traffic violations; and
(e) Be in financial need.
(6) The provisions of this section shall be administered by the board. The board may promulgate rules for all matters necessary for the implementation of this section. By rule, the board shall provide for:
(a) A mechanism for informing all students of the availability of the assistance provided under this section early enough in their schooling that a salutary motivational effect is possible;
(b) Applications, forms, financial audit procedures, eligibility and other program audit procedures and other matters related to efficient operation;
(c) A procedure for waiver through the 1996-1997 academic year of the program eligibility requirement for successful completion of a specified core curriculum upon proper documentation by the applicant that failure to comply with the requirement is due solely to the fact that the required course or courses were not available to the applicant at the school attended.
(7) An applicant shall be found to be in financial need if:
(a) The family has one (1) child under the age of twenty-one (21), and the two-year average annual adjusted gross income of the family is less than Forty-two Thousand Five Hundred Dollars ($42,500.00); or
(b) The family has a two-year average annual adjusted gross income of less than Forty-two Thousand Five Hundred Dollars ($42,500.00) plus Five Thousand Dollars ($5,000.00) for each additional child under the age of twenty-one (21).
The two-year average annual adjusted gross income of the family shall be verified by Internal Revenue Service returns or by certified affidavits in cases of income that cannot be verified by such returns.
As used in this subsection, the term "family" for an unemancipated applicant means the applicant, the applicant's parents and other children under age twenty-one (21) of the applicant's parents. The term "family" for an emancipated applicant means the applicant, an applicant's spouse, and any children under age twenty-one (21) of the applicant and spouse.
(8) No student shall receive a grant under this section in an amount greater than the tuition charged by the school. The student must apply for a federal grant prior to receiving state funds.
SECTION 34. Sections 37-107-1, 37-107-3, 37-107-5, 37-107-7 and 37-104-9, Mississippi Code of 1972, which provided scholarships for children of deceased for disabled law enforcement officers or firemen, are repealed.
SECTION 35. Sections 37-108-1, 37-108-3 and 37-108-5, Mississippi Code of 1972, which provided scholarships for children of certain Armed Forces members, are repealed.
SECTION 36. Sections 37-110-1, 37-110-3, 37-110-5, 37-110-9 and 37-110-11, Mississippi Code of 1972, which provided for the Mississippi Public Management Graduate Intern Program, are repealed.
SECTION 37. Sections 37-143-1, 37-143-3, 37-143-5, 37-143-6, 37-143-7, 37-143-9, 37-143-11, 37-143-12, 37-143-13, 37-143-14, 37-143-15, 37-143-17, 37-143-19 and 37-143-21, Mississippi Code of 1972, which provided for the Omnibus Loan or Scholarship Act of 1991, are repealed.
SECTION 38. Sections 37-157-1 and 37-157-3, Mississippi Code of 1972, which provided for the student tuition assistance program, are repealed.
SECTION 39. Section 37-159-3, Mississippi Code of 1972, which provides for the Critical Needs Teacher Scholarship Program, is repealed.
SECTION 40. Sections 37-159-51 and 37-159-53, Mississippi Code of 1972, which provided for the Mississippi Dyslexia Education Scholarship Program, are repealed.
SECTION 41. Section 37-101-221, Mississippi Code of 1972, which provides for the instruction of Mississippi students in schools outside the state, is repealed.
SECTION 42. Section 37-144-21, Mississippi Code of 1972, is amended as follows:
37-144-21. This
chapter may not be construed as granting the Mississippi Rural Physicians
Scholarship Program or its governing commission any governing or administrative
authority over any program administered by any college, university, medical
school or residency program in this state or any other program established by
state law * * *.
SECTION 43. Section 97-15-29, Mississippi Code of 1972, is amended as follows:
97-15-29. (1) Anyone who shall put, throw, dump or leave on the roads and highways of this state, or within the limits of the rights-of-way of such roads and highways, or upon any private property, any cigarette or cigar stubs, or any other thing or substance likely to ignite the grass or underbrush on a road or highway, in addition to being civilly liable for all damages caused by such act shall, upon conviction, be guilty of a misdemeanor and punished as provided by subsection (3) of this section.
(2) The Department of Transportation is authorized to erect warning signs along the roads and highways of this state advising the public of the existence of this section and of the penalty for the violation thereof and is further authorized to install receptacles at reasonable intervals along the roads and highways of this state to be used as containers for trash and rubbish and for the convenience of the public using such roads and highways.
(3) Any person found guilty of the violation of this section shall, upon conviction, be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars ($250.00). The proceeds of such fines shall be expended by the collecting jurisdiction solely for the purpose of funding local litter prevention programs or projects or local or school litter education programs as recommended by the statewide litter prevention program of Keep Mississippi Beautiful, Inc.
(4) As a part of the fine imposed by subsection (3) above, a person convicted for an offense upon which fines are imposed by this section may be required to perform the following, and a person convicted for a second or subsequent offense upon which fines are imposed by this section shall be required to:
(a) Remove or render harmless, in accordance with written direction, as appropriate, from the Department of Environmental Quality or local law enforcement authorities, the unlawfully discarded solid waste;
(b) Repair or restore property damaged by, or pay damages for any damage arising out of the unlawfully discarded solid waste;
(c) Perform community public service relating to the removal of any unlawfully discarded solid waste or to the restoration of any area polluted by unlawfully discarded solid waste; and
(d) Pay all reasonable investigative and prosecutorial expenses and costs to the investigative and/or prosecutorial agency or agencies.
(5) Upon a second or subsequent conviction of an offense upon which fines are imposed by this section, the minimum and maximum fines shall be doubled.
(6) When any litter is thrown or discarded from a motor vehicle, the operator of the motor vehicle shall be deemed in violation of this section.
(7) There shall be imposed
and collected an assessment of Fifty Dollars ($50.00) on each violation of this
section. The assessment shall be deposited into the Law Enforcement Officers
Monument Fund created in Section 39-5-71. After the monument is constructed,
the assessment shall not be deposited into the fund. The assessment shall then
be deposited with the Board of Trustees of State Institutions of Higher
Learning to be used for the scholarship program for children of deceased or
disabled law enforcement officers and firemen as provided by * * *
Section 37-106-39.
(8) It shall be the duty of all law enforcement officers to enforce the provisions of this section.
(9) This section shall not prohibit the storage of ties and machinery by a railroad on its right-of-way where the highway right-of-way extends to within a few feet of the railroad roadbed.
SECTION 44. Section 37-155-1, Mississippi Code of 1972, is brought forward as follows:
37-155-1. This act shall be known and may be cited as the "Mississippi Prepaid Affordable College Tuition Program."
SECTION 45. Section 37-155-3, Mississippi Code of 1972, is brought forward as follows:
37-155-3. The Legislature hereby finds and declares as follows:
(a) Tuition and required fees at institutions of higher education are difficult for many to afford and difficult to predict. As a result, the ability of individuals and families to plan for future educational expenses has been adversely affected.
(b) It is in the best interest of the citizens of this state to foster higher education in order to provide well-educated citizens.
(c) It is in the best interest of the citizens of this state to encourage state residents to enroll in institutions of higher education.
(d) Providing a mechanism to help assure the higher education of the citizens of this state is necessary and desirable for the public health, safety and welfare.
(e) The purposes of this act are to:
(i) Provide wide and affordable access to the public institutions of higher education for the residents of this state.
(ii) Encourage attendance at institutions of higher education and help individuals plan for educational expenses.
(iii) Provide a program for the advance purchase of tuition and required fees as both a means and an incentive for the citizens of this state to provide for future higher education expenses.
(iv) Provide a program through which many of the costs associated with postsecondary attendance may be paid in advance and fixed at a guaranteed level for the duration of the undergraduate enrollment.
(v) Provide for the creation of a trust fund, as an agency and instrumentality of the State of Mississippi, to assist qualified students in financing a portion of the cost of attending institutions of higher education in the State of Mississippi.
(vi) Encourage timely financial planning for higher education by the creation of prepaid tuition contracts.
SECTION 46. Section 37-155-5, Mississippi Code of 1972, is brought forward as follows:
37-155-5. As used in this article, the following terms have the meanings ascribed to them in this section, unless the context clearly indicates otherwise:
(a) Prepaid Tuition Contract. A contract entered into between the Board of Directors of the College Savings Plans of Mississippi Trust Funds and a purchaser pursuant to this article.
(b) Trust fund. There is created a special fund in the State of Mississippi Treasury Department to be designated as the "Mississippi Prepaid Affordable College Tuition Trust Fund" (hereinafter referred to as the trust fund or fund) and to be administered by the State of Mississippi Treasury Department. The fund shall consist of state appropriations, monies acquired from other governmental or private sources, and money remitted in accordance with prepaid tuition contracts. In the event that dividends, interest and gains exceed the amount necessary for program administration and disbursements, the board may designate a percentage of the fund to serve as a contingency fund.
(c) Purchaser. A person, corporation, trust, charitable organization or other such entity that makes or is obligated to make advance payments in accordance with a prepaid tuition contract entered into pursuant to this article. However, no purchaser may request or accept any form of compensation, fee, commission, service charge or any other form of payment or remuneration for entering into a contract for the benefit of a nonresident beneficiary.
(d) Beneficiary. (i) The beneficiary of a prepaid tuition contract must be eighteen (18) years of age or younger at the time the purchaser enters into the contract and must be: (A) a resident of this state at the time the purchaser enters into the contract; or (B) a nonresident if the purchaser is a resident of this state at the time that the contract is entered into.
(ii) The board may require a reasonable period of residence in this state for a beneficiary or the purchaser.
(iii) A beneficiary is considered a resident for purposes of tuition regardless of the beneficiary’s residence on the date of enrollment. However, for contracts entered into after July 1, 2003, this provision only applies to nonresident beneficiaries if (A) the original purchaser was the parent, grandparent or legal guardian of the beneficiary; or (B) the beneficiary was a resident of Mississippi at the time the contract was purchased.
(e) Institution of higher education. Any public institution of higher learning or public community or junior college located in Mississippi.
(f) Tuition. The quarter, semester or term charges and all required fees imposed by an institution of higher education as a condition of enrollment by all students.
(g) Board or board of directors. The Board of Directors of the College Savings Plans of Mississippi Trust Funds as provided in Section 37-155-7.
(h) Legislature. The Legislature of Mississippi.
SECTION 47. Section 37-155-7, Mississippi Code of 1972, is brought forward as follows:
37-155-7. (1) The board of directors shall consist of thirteen (13) members as follows:
(a) Nine (9) voting members as follows: the State Treasurer; the Commissioner of Higher Education, or his designee; the Executive Director of the Community and Junior College Board, or his designee; the Department of Finance and Administration Executive Director, or his designee; and one (1) member from each congressional district to be appointed by the Governor with the advice and consent of the Senate. One (1) member shall be appointed for an initial term of one (1) year; one (1) member shall be appointed for an initial term of two (2) years; one (1) member for an initial term of three (3) years; one (1) member for an initial term of four (4) years; and one (1) member for an initial term of five (5) years. On the expiration of any of the terms of office, the Governor shall appoint successors by and with the advice and consent of the Senate for terms of five (5) years in each case. Ex officio members of the board may be represented at official meetings by their deputy, or other designee, and such designees shall have full voting privileges and shall be included in the determination of a quorum for conducting board business.
(b) Two (2) nonvoting, advisory members of the board shall be appointed by each of the following officers: the Lieutenant Governor and the Speaker of the House of Representatives.
(2) Successors to the appointed members shall serve for the length of the term for each appointing official and shall be eligible for reappointment, and shall serve until a successor is appointed and qualified. Any person appointed to fill a vacancy on the board shall be appointed in a like manner and shall serve for only the unexpired term.
(3) Each member appointed shall possess knowledge, skill and experience in business or financial matters commensurate with the duties and responsibilities of the trust fund.
(4) Members of the board of directors shall serve without compensation, but shall be reimbursed for each day’s official duties of the board at the same per diem as established by Section 25-3-69 and actual travel and lodging expenses as established by Section 25-3-41.
(5) The board of directors shall annually elect one (1) member to serve as chairman of the board and one (1) member to serve as vice chairman. The vice chairman shall act as chairman in the absence of or upon the disability of the chairman or in the event of a vacancy of the office of chairman.
(6) A majority of the currently serving members of the board shall constitute a quorum for the purposes of conducting business and exercising its official powers and duties. Any action taken by the board shall be upon the vote of a majority of the members present.
SECTION 48. Section 37-155-9, Mississippi Code of 1972, is brought forward as follows:
37-155-9. In addition to the powers granted by any other provision of this article, the board of directors shall have the powers necessary or convenient to carry out the purposes and provisions of this article, the purposes and objectives of the trust fund and the powers delegated by any other law of the state or any executive order thereof, including, but not limited to, the following express powers:
(a) To adopt and amend bylaws;
(b) To adopt such rules and regulations as are necessary to implement the provisions of this article;
(c) To invest any funds of the trust fund in any instrument, obligation, security or property that constitutes legal investments for public funds in the state and to name and use depositories for its investments and holdings;
(d) To execute contracts and other necessary instruments;
(e) To impose reasonable requirements for residency for beneficiaries at the time of purchase of the contract and to establish rules to govern purchase of contracts for beneficiaries who are nonresidents at the time the purchaser enters into the prepaid tuition contract;
(f) To impose reasonable limits on the number of contract participants in the trust fund at any given period of time;
(g) To contract for necessary goods and services, to employ necessary personnel, and to engage the services of consultants for administrative and technical assistance in carrying out the responsibilities of the trust fund;
(h) To solicit and accept gifts, including bequeathments or other testamentary gifts made by will, trust or other disposition, grants, loans and other aids from any personal source or to participate in any other way in any federal, state or local governmental programs in carrying out the purposes of this article. Any gifts made to the board under this subsection shall be deductible from taxable income of the state in the tax year;
(i) To define the terms and conditions under which payments may be withdrawn or refunded from the trust fund, including, but not limited to, the amount paid in and an additional amount in the nature of interest at a rate that corresponds, at a minimum, to the prevailing interest rates for savings accounts provided by banks and savings and loan associations and impose reasonable charges for such withdrawal or refund;
(j) To ensure applicability to private and out-of-state tuitions:
(i) Under the program, a state purchaser may enter into a prepaid tuition contract with the board under which the purchaser agrees to attend a public institution of higher education in Mississippi;
(ii) If the beneficiary of a plan described by Section 37-155-11 enrolls in any in-state or out-of-state regionally accredited private four- or two-year college or an out-of-state regionally accredited, state-supported, nonprofit four- or two-year college or university, or any in-state or out-of-state regionally accredited graduate institution, the board shall pay to the institution an amount up to, but not greater than, the undergraduate tuition and required fees that the board would have paid had the beneficiary enrolled in an institution of higher education covered by the plan selected in the prepaid tuition contract. The beneficiary is responsible for paying a private undergraduate or graduate institution or an out-of-state public undergraduate or graduate institution the amount by which the tuition and required fees of the institution exceed the tuition and required fees paid by the board;
(k) To impose reasonable time limits on the use of the tuition benefits provided by the program;
(l) To provide for the receipt of contributions to the trust fund in lump sums or installment payments;
(m) To adopt an official seal and rules;
(n) To sue and be sued;
(o) To establish agreements or other transactions with federal, state and local agencies, including state universities and community colleges;
(p) To appear in its own behalf before boards, commissions or other governmental agencies;
(q) To segregate contributions and payments to the fund into various accounts and funds;
(r) To require and collect administrative fees and charges in connection with any transaction and impose reasonable penalties, including default, for delinquent payments or for entering into an advance payment contract on a fraudulent basis;
(s) To procure insurance against any loss in connection with the property, assets and activities of the fund or the board;
(t) To require that purchasers of advance payment contracts verify, under oath, any requests for contract conversions, substitutions, transfers, cancellations, refund requests or contract changes of any nature;
(u) To administer the fund in a manner that is sufficiently actuarially sound to meet the obligations of the program. The board shall annually evaluate or cause to be evaluated the actuarial soundness of the fund. If the board perceives a need for additional assets in order to preserve actuarial soundness, the board may adjust the terms of subsequent advance payment contracts to ensure such soundness;
(v) To establish a comprehensive investment plan for the purposes of this section. The comprehensive investment plan shall specify the investment policies to be utilized by the board in its administration of the fund. The board may authorize investments in:
(i) Bonds, notes, certificates and other valid general obligations of the State of Mississippi, or of any county, or of any city, or of any supervisors district of any county of the State of Mississippi, or of any school district bonds of the State of Mississippi; notes or certificates of indebtedness issued by the Veterans’ Home Purchase Board of Mississippi, provided such notes or certificates of indebtedness are secured by the pledge of collateral equal to two hundred percent (200%) of the amount of the loan, which collateral is also guaranteed at least for fifty percent (50%) of the face value by the United States government, and provided that not more than five percent (5%) of the total investment holdings of the system shall be in Veterans’ Home Purchase Board notes or certificates at any time; real estate mortgage loans one hundred percent (100%) insured by the Federal Housing Administration on single family homes located in the State of Mississippi, where monthly collections and all servicing matters are handled by Federal Housing Administration approved mortgagees authorized to make such loans in the State of Mississippi;
(ii) State of Mississippi highway bonds;
(iii) Funds may be deposited in federally insured institutions domiciled in the State of Mississippi or a custodial bank which appears on the State of Mississippi Treasury Department’s approved depository list and/or safekeeper list;
(iv) Corporate bonds of investment grade as rated by Standard & Poor’s or by Moody’s Investment Service, with bonds rated BAA/BBB not to exceed five percent (5%) of the book value of the total fixed income investments; or corporate short-term obligations of corporations or of wholly owned subsidiaries of corporations, whose short-term obligations are rated A-3 or better by Standard and Poor’s or rated P-3 or better by Moody’s Investment Service;
(v) Bonds of the Tennessee Valley Authority;
(vi) Bonds, notes, certificates and other valid obligations of the United States, and other valid obligations of any federal instrumentality that issues securities under authority of an act of Congress and are exempt from registration with the Securities and Exchange Commission;
(vii) Bonds, notes, debentures and other securities issued by any federal instrumentality and fully guaranteed by the United States. Direct obligations issued by the United States of America shall be deemed to include securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the provisions of 15 USCS Section 80(a)-1 et seq., provided that the portfolio of such investment company or investment trust is limited to direct obligations issued by the United States of America, United States government agencies, United States government instrumentalities or United States government sponsored enterprises, and to repurchase agreements fully collateralized by direct obligations of the United States of America, United States government agencies, United States government instrumentalities or United States government sponsored enterprises, and the investment company or investment trust takes delivery of such collateral for the repurchase agreement, either directly or through an authorized custodian. The State Treasurer and the Executive Director of the Department of Finance and Administration shall review and approve the investment companies and investment trusts in which funds may be invested;
(viii) Interest-bearing bonds or notes which are general obligations of any other state in the United States or of any city or county therein, provided such city or county had a population as shown by the federal census next preceding such investment of not less than twenty-five thousand (25,000) inhabitants and provided that such state, city or county has not defaulted for a period longer than thirty (30) days in the payment of principal or interest on any of its general obligation indebtedness during a period of ten (10) calendar years immediately preceding such investment;
(ix) Shares of stocks, common and/or preferred, of corporations created by or existing under the laws of the United States or any state, district or territory thereof; provided:
(A) The maximum investments in stocks shall not exceed fifty percent (50%) of the book value of the total investment fund of the system;
(B) The stock of such corporation shall:
1. Be listed on a national stock exchange; or
2. Be traded in the over-the-counter market, provided price quotations for such over-the-counter stocks are quoted by the National Association of Securities Dealers Automated Quotation System (NASDAQ);
(C) The outstanding shares of such corporation shall have a total market value of not less than Fifty Million Dollars ($50,000,000.00);
(D) The amount of investment in any one (1) corporation shall not exceed three percent (3%) of the book value of the assets of the system; and
(E) The shares of any one (1) corporation owned by the system shall not exceed five percent (5%) of that corporation’s outstanding stock;
(x) Bonds rated Single A or better, stocks and convertible securities of established non-United States companies, which companies are listed on only primary national stock exchanges of foreign nations; and in foreign government securities rated Single A or better by a recognized rating agency; provided that the total book value of investments under this paragraph shall at no time exceed twenty percent (20%) of the total book value of all investments of the system. The board may take requisite action to effectuate or hedge such transactions through foreign banks, including the purchase and sale, transfer, exchange or otherwise disposal of, and generally deal in foreign exchange through the use of foreign currency, interbank forward contracts, futures contracts, options contracts, swaps and other related derivative instruments, notwithstanding any other provisions of this article to the contrary;
(xi) Covered call and put options on securities traded on one or more of the regulated exchanges;
(xii) Institutional investment trusts managed by a corporate trustee or by a Securities and Exchange Commission registered investment advisory firm retained as an investment manager by the board of directors, and institutional class shares of investment companies and unit investment trusts registered under the Investment Company Act of 1940 where such funds or shares are comprised of common or preferred stocks, bonds, money market instruments or other investments authorized under this section. Any investment manager or managers approved by the board of directors shall invest such funds or shares as a fiduciary;
(xiii) Pooled or commingled real estate funds or real estate securities managed by a corporate trustee or by a Securities and Exchange Commission registered investment advisory firm retained as an investment manager by the board of directors. Such investment in commingled funds or shares shall be held in trust; provided that the total book value of investments under this paragraph shall at no time exceed five percent (5%) of the total book value of all investments of the system. Any investment manager approved by the board of directors shall invest such commingled funds or shares as a fiduciary;
(w) All investments shall be acquired by the board at prices not exceeding the prevailing market values for such securities;
(x) Any limitations herein set forth shall be applicable only at the time of purchase and shall not require the liquidation of any investment at any time. All investments shall be clearly marked to indicate ownership by the system and to the extent possible shall be registered in the name of the system;
(y) Subject to the above terms, conditions, limitations and restrictions, the board shall have power to sell, assign, transfer and dispose of any of the securities and investments of the system, provided that the sale, assignment or transfer has the majority approval of the entire board. The board may employ or contract with investment managers, evaluation services or other such services as determined by the board to be necessary for the effective and efficient operation of the system;
(z) Except as otherwise provided herein, no trustee and no employee of the board shall have any direct or indirect interest in the income, gains or profits of any investment made by the board, nor shall any such person receive any pay or emolument for his services in connection with any investment made by the board. No trustee or employee of the board shall become an endorser or surety, or in any manner an obligor for money loaned by or borrowed from the system;
(aa) All interest derived from investments and any gains from the sale or exchange of investments shall be credited by the board to the account of the system;
(bb) To delegate responsibility for administration of the comprehensive investment plan to a consultant the board determines to be qualified. Such consultant shall be compensated by the board. Directly or through such consultant, the board may contract to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the board or such consultant, including, but not limited to, providing consolidated billing, individual and collective record keeping and accounting, and asset purchase, control and safekeeping;
(cc) To annually prepare or cause to be prepared a report setting forth in appropriate detail an accounting of the fund and a description of the financial condition of the program at the close of each fiscal year. Such report shall be submitted to the Governor, the Lieutenant Governor, the President of the Senate, the Speaker of the House of Representatives, and members of the Board of Trustees of State Institutions of Higher Learning, the State Board for Community and Junior Colleges and the State Board of Education on or before March 31 each year. In addition, the board shall make the report available to purchasers of advance payment contracts. The board shall provide to the Board of Trustees of State Institutions of Higher Learning and the State Board for Community and Junior Colleges by March 31 each year complete advance payment contract sales information including projected postsecondary enrollments of beneficiaries. The accounts of the fund shall be subject to annual audits by the State Auditor or his designee;
(dd) To solicit proposals for the marketing of the Mississippi Prepaid Affordable College Tuition Program. The entity designated pursuant to this paragraph shall serve as a centralized marketing agent for the program and shall solely be responsible for the marketing of the program. Any materials produced for the purpose of marketing the programs shall be submitted to the board for review. No such materials shall be made available to the public before the materials are approved by the board. Any educational institution may distribute marketing materials produced for the program; however, all such materials shall have been approved by the board prior to distribution. Neither the state nor the board shall be liable for misrepresentation of the program by a marketing agent; and
(ee) To establish other policies, procedures and criteria necessary to implement and administer the provisions of this article.
For efficient and effective administration of the program and trust fund, the board may authorize the State of Mississippi Treasury Department and/or the State Treasurer to carry out any or all of the powers and duties enumerated above.
SECTION 49. Section 37-155-11, Mississippi Code of 1972, is brought forward as follows:
37-155-11. The board shall make prepaid tuition contracts available for the: (1) junior college plan; (2) senior college plan; and (3) junior-senior college plan.
(a) Junior College Plan. Through the junior college plan, a prepaid tuition contract shall provide tuition and required fees for the beneficiary to attend a public community or junior college for a specified number of undergraduate credit hours not to exceed the typical full-time hourly course load as defined by the institution for tuition payment purposes or up to a maximum of two (2) years required for a certificate or an associate degree awarded by a public community or junior college.
(b) Senior College Plan. Through the senior college plan, a prepaid tuition contract shall provide prepaid tuition and required fees for the beneficiary to attend a public senior college or university for a specified number of undergraduate credit hours not to exceed the typical full-time hourly course load as defined by the institution for tuition payment purposes or up to a maximum of five (5) years required for a baccalaureate degree awarded by a public senior college or university.
(c) Junior-Senior College Plan. Through the junior-senior college plan, a prepaid tuition contract shall provide prepaid tuition and required fees for the beneficiary to attend:
(i) A public community or junior college for a specified number of undergraduate credit hours not to exceed the typical full-time hourly course load as defined by the institution for tuition payment purposes or up to a maximum of two (2) years required for a person to receive a certificate or associate degree awarded by a public community or junior college; and
(ii) A public senior college or university for a specified number of credit hours not to exceed the typical full-time hourly course load as defined by the institution for tuition payment purposes or up to a maximum of five (5) years required for the person to receive a baccalaureate degree awarded by a public senior college or university.
SECTION 50. Section 37-155-13, Mississippi Code of 1972, is brought forward as follows:
37-155-13. Through the dormitory residence plan, the advance payment contract shall provide prepaid housing fees for a maximum of eight (8) semesters of full-time undergraduate enrollment in an institution of higher education. Dormitory residence plans are optional and may be purchased only in conjunction with a prepaid tuition plan. Dormitory residence plans shall be purchased in increments of two (2) semesters. Beneficiaries shall bear the cost of any additional elective charges such as laundry service or long-distance telephone service. Each institution of higher education may specify the residence halls eligible for inclusion in the plan. In addition, any institution of higher education may request immediate termination of a dormitory contract based on a violation or multiple violations of rules of the residence hall. Beneficiaries shall have the highest priority in the assignment of housing with institutions of higher education residence halls. In the event that sufficient housing is not available for all beneficiaries, the board shall refund the purchaser or beneficiary an amount equal to the fees charged for dormitory residence during that semester.
SECTION 51. Section 37-155-15, Mississippi Code of 1972, is brought forward as follows:
37-155-15. (1) There is hereby created a Mississippi Prepaid Affordable College Tuition Program Trust Fund (hereinafter referred to as the trust fund or the fund) to be administered by the State of Mississippi Treasury Department until and unless the Legislature shall determine otherwise.
(2) The official location of the trust fund shall be the State of Mississippi Treasury Department, and the facilities of the State of Mississippi Treasury Department shall be used and employed in the administration of the fund, including, but without limitations thereto, the keeping of records, the management of bank accounts and other investments, the transfer of funds and the safekeeping of securities evidencing investments.
(3) Payments received by the board from purchasers on behalf of beneficiaries or from any other source, public or private, shall be placed in the trust fund, and the fund may be divided into separate accounts as may be determined by the board.
(4) The trust fund, through the Treasurer, is hereby specifically authorized to receive and deposit into the trust fund any gift of any nature, real or personal property, made by an individual by testamentary disposition, including, without limitation, any specific gift or bequeath made by will, trust or other disposition.
(5) The board shall obtain appropriate actuarial assistance to establish, maintain and certify a fund sufficient to meet the obligation of the trust fund, and shall annually evaluate or cause to be evaluated, the actuarial soundness of the trust fund. If the board perceives a need for additional assets in order to preserve actuarial soundness, it may adjust the terms of subsequent prepaid tuition contracts to ensure such soundness.
(6) The trust fund shall constitute a fund of an agency of the state, and its property and income shall be exempt from all taxation by the state and by all of its political subdivisions.
(7) In order to provide funds to enable the trust to pay all amounts that shall be due under prepaid tuition contracts, there is hereby irrevocably pledged to that purpose from the trust fund such monies as shall be necessary to pay all amounts that shall be due under prepaid tuition contracts at any time. In order to carry out the said pledge, in each fiscal year the board shall determine the amount of the future obligations of the trust fund under prepaid tuition contracts by any appropriate actuarial method. After that determination has been made, all monies on deposit in the trust fund up to and including the amount of such future obligations shall remain on deposit in the trust fund and shall be subject to the aforesaid pledge and appropriation by the Legislature.
(8) There is hereby created a separate account with the State of Mississippi Treasury Department to be known as the "Mississippi Prepaid Affordable College Tuition Administrative Account" for the purposes of implementing and maintaining prepaid college tuition accounts pursuant to this act.
SECTION 52. Section 37-155-17, Mississippi Code of 1972, is brought forward as follows:
37-155-17. Any interest, dividends or gains accruing on the payments made pursuant to a prepaid tuition contract under the terms of this chapter shall be excluded from the gross income of any such payor or beneficiary for purposes of the Mississippi Income Tax Law. The payor may deduct from taxable income the amount of any payments made under a prepaid tuition contract in the tax year.
SECTION 53. Section 37-155-19, Mississippi Code of 1972, is brought forward as follows:
37-155-19. In addition to any other requirements of this act the board of directors shall:
(a) Make available summary information on the financial condition of the trust fund to all purchasers of prepaid college tuition contracts;
(b) Prepare, or cause to be prepared, an annual accounting of the trust fund and transmit a copy of same to the Governor, the Lieutenant Governor and the Speaker of the House of Representatives; and
(c) Make all necessary and appropriate arrangements with state colleges and universities in order to fulfill its obligations under the prepaid tuition contracts, which arrangements shall include the payment by the trust fund of current applicable tuition and fee charges on behalf of a beneficiary to the college or university.
SECTION 54. Section 37-155-21, Mississippi Code of 1972, is brought forward as follows:
37-155-21. (1) The board shall furnish without charge to each purchaser an annual statement of:
(a) The amount paid by the purchaser under the prepaid tuition contract;
(b) The number of years originally covered by the contract;
(c) The number of years remaining under the contract; and
(d) Any other information the board determines by rule is necessary or appropriate.
(2) The board shall furnish a statement complying with subsection (1) to a purchaser or beneficiary on written request. The board may charge a reasonable fee for each statement furnished under this subsection.
SECTION 55. Section 37-155-23, Mississippi Code of 1972, is brought forward as follows:
37-155-23. This act is not a promise or guarantee that the beneficiary will be:
(a) Admitted to any institution of higher education;
(b) Admitted to a particular institution of higher education after admission;
(c) Allowed to continue enrollment at an institution of higher education; or
(d) Graduated from an institution of higher education.
SECTION 56. Section 37-155-25, Mississippi Code of 1972, is brought forward as follows:
37-155-25. The state shall agree to meet the obligations of the board to beneficiaries if monies in the fund fail to offset the obligations of the board. If there is not enough money in the fund to pay the tuition and required fees of the institution of higher education in which a beneficiary enrolls as provided by the prepaid tuition contract, the Legislature shall appropriate to the fund the amount necessary for the board to pay the applicable amount of tuition and required fees of the institution.
In the event that the board determines the program to be financially infeasible, the board may discontinue the program. Any qualified beneficiary who has been accepted by and is enrolled or is within five (5) years of enrollment in an institution of higher learning or any in-state or out-of-state regionally accredited private four- or two-year college or an out-of-state regionally accredited, state-supported, nonprofit four- or two-year college or university shall be entitled to exercise the complete benefits for which he has contracted. All other contract holders shall receive a refund, pursuant to Section 37-155-9, of the amount paid in and an additional amount in the nature of interest at a rate that corresponds, at a minimum, to the prevailing interest rates for savings accounts provided by banks and savings and loan associations.
SECTION 57. Section 37-155-27, Mississippi Code of 1972, is brought forward as follows:
37-155-27. The provisions of this article are severable. If any part of this article is declared invalid or unconstitutional, such declaration shall not affect the part which remains.
SECTION 58. This act shall take effect and be in force from and after July 1, 2014.