MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Appropriations

By: Representatives Read, Bennett, Barton, Boyd, Busby, Clark, Clarke, Currie, Eure, Haney, Jackson, Sanford, Watson, Young

House Bill 1614

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION FOR THE FISCAL YEAR 2024.

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

SECTION 1.  The following sum, or so much thereof as may be necessary, is appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Authority for Educational Television for the fiscal year beginning July 1, 2023, and ending June 30, 2024 $     4,680,452.00.

SECTION 2.  The following sum, or so much thereof as may be necessary, is appropriated out of any money in the special fund in the State Treasury to the credit of the Mississippi Authority for Educational Television which is comprised of special source funds collected by or otherwise available to the Authority, for the purpose of defraying the expenses of the Authority for the fiscal year beginning July 1, 2023, and ending June 30, 2024...........................................

............................................ $    12,287,177.00.

SECTION 3.  Of the funds appropriated under the provisions of Section 1 and Section 2, the following positions are authorized:

  AUTHORIZED HEADCOUNT:

Permanent:           80

Time-Limited:         7

     With the funds herein appropriated, it shall be the agency’s responsibility to make certain that funds required for Personal Services for Fiscal Year 2025 do not exceed Fiscal Year 2024 funds appropriated for that purpose unless programs or positions are added to the agency’s Fiscal Year 2024 budget by the Mississippi Legislature.  The Legislature shall determine the agency’s personal services appropriation, which the State Personnel Board shall publish.  The agency’s personal services appropriation may consist of restricted funds for approved vacancies for Fiscal Year 2024 that may not be utilized for active Fiscal Year 2023 Headcount.  It shall be the agency's responsibility to ensure that the funds provided for vacancies are used to increase headcount and not for promotions, title changes, in-range salary adjustments or any other mechanism for increasing salaries for current employees.  It is the Legislature’s intention that no employee salary falls below the minimum salary established by the Mississippi State Personnel Board. 

Additionally, the State Personnel Board shall determine and publish the projected annualized payroll costs based on current employees.  It shall be the responsibility of the agency head to ensure that actual personnel expenditures for Fiscal Year 2024 do not exceed the data provided by the Legislative Budget Office.  If the agency’s Fiscal Year 2024 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board except for new hires determined to be essential for the agency.

     Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law or allowable under the terms set forth within this act.  The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration.  The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

     No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

     None of the funds herein appropriated shall be used in violation of the Internal Revenue Service’s Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.

     SECTION 4.  Funds appropriated herein shall first be used for the continuation of a full and complete broadcast schedule of educational and instructional, professional growth, and public service programs, with the production of new films and programs to be secondary thereto.

     SECTION 5.  It is the intention of the Legislature that the Mississippi Authority for Educational Television shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2023.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2025 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2024 budget request process.

     SECTION 6.  Of the funds appropriated under the provisions of Section 2, Two Million One Hundred Eighteen Thousand Nine Hundred Sixty-six Dollars ($2,118,966.00) shall be derived from the Education Enhancement Fund deposited pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972.

SECTION 7. Of the funds appropriated in Section 2, the following sum, or so much thereof as may be necessary, are derived from the Education Enhancement Fund pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972......................... $ 2,000,000.00.

     These funds are provided for tower maintenance and upgrades.

     SECTION 8.  No part of the funds appropriated herein shall be transferred to, expended by, or used, directly or indirectly, for the benefit of any public relations, publicity or publication activities of any other state agency, department or officer, nor shall any personnel paid or equipment purchased with funds appropriated hereby be transferred or assigned to any other state agency, department or officer for public relations, publicity or publication activities of such office.

     SECTION 9.  It is the intention of the Legislature that the Mississippi Authority for Educational Television shall have the authority to expend funds in the Capital Equipment Replacement Revolving Fund, in accordance with Section 37-63-17, Mississippi Code of 1972, for the purpose of purchasing technical equipment for operating the educational radio and television facilities.

     SECTION 10.  In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency.  Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

                                                          FY2024

Performance Measures                                       Target

Content Operations

     Number of Locally Produced TV Programs                   150

     Number of Locally Produced Radio Programs               1,092

     Number of Monthly Average Number of Web

          Site Users                                        4,500

     Number of New Programs Produced and

          Broadcast Related to Fit to Eat

          Programming                                         13

     Percent Increase in Visitors Viewing the

          Healthy Living Related Items on MPB

          Site                                             31.00

     Percent of Radio Broadcasts & TV Alerts

          During Times of Emergency                        100.00

Education Services

     Percent Increase in Users Using MPB

          Education Online Resources for Pre-K

          Children and Families                             15.00

     Number of Students Served by the Digital

          Education Network (DEN) Classroom                 2,000

     Number of School Districts Participating

          in the DEN Classroom                                 30

     Number of Teachers Taking e-Learning Courses            1,200

     Number of Teacher Continuing Education

          Units (CEUs) Provided by e-Learning

          Courses Offered                                     400

     Percent Increase of Visitors to the MPB

          Education Website                                 15.00

     Number of Rotary Clubs Sponsoring with MPB                 20

     Number of Early Childhood Educators

          Attending MPB Resource Workshops

          Involving PBS and MPB Programs/Content               250

     Number of Childcare Centers Using PBS

          Content                                             30

     Number of Parents Participating in

          Parents Are Teachers Too (PATT)

          Initiative                                         300

Technical Services

     Number of Transmitters On Air                              8

     On-Air Reliability                                     99.95

     Number of IT Help Desk Orders Filled                     600

Administration

     Number of Community Engagements/Outreach

          Events Including Virtual Engagements                125

     Number of State Agency Partners                           40

     New Grant Dollars Acquired                         75,000.00

     A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2025.

     SECTION 11.  It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference.  A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.

     SECTION 12.  It is the intention of the Legislature that an amount equal to One Dollar and Fifty Cents ($1.50) per square foot shall be paid to the Executive Office of the State Board of Institutions of Higher Learning to defray utility costs.

     SECTION 13.  It is the intention of the Legislature that the Authority for Educational Television may fund a program to focus on the manufacturing industry in Mississippi.

     SECTION 14.  Mississippi Authority for Educational Television is authorized to accept and expend any grant, donation, or contribution from any individual, public, or private organization, or government entity for purposes of defraying the operational costs of the department. Such grants, donations or contributions shall be received and expended under the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds not to exceed Two Million Dollars ($2,000,000.00).

SECTION 15.  The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Education Enhancement Fund not otherwise appropriated, for the Educational Television Authority for the purpose of reauthorizing the expenditure of Education Enhancement Funds to defray the expenses of the Educational Television Authority, as authorized in House Bill No. 1601, 2022 Regular Session, for the fiscal year beginning July 1, 2023, and ending June 30, 2024............................................ $ 3,048,822.00.

This reappropriation is made for the purpose of reauthorizing the expenditure of funds as allocated herein:

(a)  Tower maintenance and upgrades.......... $ 1,999,794.00.

(b)  Digitalization of 49 Years of Educational

Content and Mississippi History......... $   700,000.00.

(c)  Production of a Medgar Evers

documentary............................ $   349,028.00.

Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation shall not change the purpose for which the funds were originally authorized.

SECTION 16.  The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Capital Expense Fund not otherwise appropriated, for the Educational Television Authority for the purpose of reauthorizing the expenditure of Capital Expense Funds as authorized in House Bill No. 1601, 2022 Regular Session provide for tower maintenance and upgrades for the fiscal year beginning July 1, 2023, and ending June 30, 2024............................. $ 1,135,044.00.

Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation shall not change the purpose for which the funds were originally authorized.

     SECTION 17.  The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.

     SECTION 18.  This act shall take effect and be in force from and after July 1, 2023.