House Amendments to Senate Bill No. 2518
TO THE SECRETARY OF THE SENATE:
THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
AMEND by striking lines 66 through 68 and inserting in lieu thereof the following:
"SECTION 5. Section 31-11-3, Mississippi Code of 1972, is amended as follows:
31-11-3. (1) The Department of Finance and Administration, for the purposes of carrying out the provisions of this chapter, in addition to all other rights and powers granted by law, shall have full power and authority to employ and compensate architects or other employees necessary for the purpose of making inspections, preparing plans and specifications, supervising the erection of any buildings, and making any repairs or additions as may be determined by the Department of Finance and Administration to be necessary, pursuant to the rules and regulations of the State Personnel Board. The department shall have entire control and supervision of, and determine what, if any, buildings, additions, repairs, demolitions or improvements are to be made under the provisions of this chapter, subject to the regulations adopted by the Public Procurement Review Board.
(2) The department shall have full power to erect buildings, make repairs, additions or improvements, demolitions, to grant or acquire easements or rights-of-way, and to buy materials, supplies and equipment for any of the institutions or departments of the state subject to the regulations adopted by the Public Procurement Review Board. In addition to other powers conferred, the department shall have full power and authority, as directed by the Legislature, or when funds have been appropriated for its use for these purposes, to:
(a) Build a state office building;
(b) Build suitable plants or buildings for the use and housing of any state schools or institutions, including the building of plants or buildings for new state schools or institutions, as provided for by the Legislature;
(c) Provide state aid for the construction of school buildings;
(d) Promote and develop the training of returned veterans of the United States in all sorts of educational and vocational learning to be supplied by the proper educational institution of the State of Mississippi, and in so doing allocate monies appropriated to it for these purposes to the Governor for use by him in setting up, maintaining and operating an office and employing a state director of on-the-job training for veterans and the personnel necessary in carrying out Public Law No. 346 of the United States;
(e) Build and equip a hospital and administration building at the Mississippi State Penitentiary;
(f) Build and equip additional buildings and wards at the Boswell Retardation Center;
(g) Construct a sewage disposal and treatment plant at the Mississippi State Hospital, and in so doing acquire additional land as may be necessary, and to exercise the right of eminent domain in the acquisition of this land;
(h) Build and equip the Mississippi central market and purchase or acquire by eminent domain, if necessary, any lands needed for this purpose;
(i) Build and equip suitable facilities for a training and employing center for the blind;
(j) Build and equip a gymnasium at Columbia Training School;
(k) Approve or disapprove the expenditure of any money appropriated by the Legislature when authorized by the bill making the appropriation;
(l) Expend monies appropriated to it in paying the state's part of the cost of any street paving;
(m) Sell and convey state lands when authorized by the Legislature, cause said lands to be properly surveyed and platted, execute all deeds or other legal instruments, and do any and all other things required to effectively carry out the purpose and intent of the Legislature. Any transaction which involves state lands under the provisions of this paragraph shall be done in a manner consistent with the provisions of Section 29-1-1;
(n) Collect and receive from educational institutions of the State of Mississippi monies required to be paid by these institutions to the state in carrying out any veterans' educational programs;
(o) Purchase lands for building sites, or as additions to building sites, for the erection of buildings and other facilities which the department is authorized to erect, and demolish and dispose of old buildings, when necessary for the proper construction of new buildings. Any transaction which involves state lands under the provisions of this paragraph shall be done in a manner consistent with the provisions of Section 29-1-1;
(p) Obtain business
property insurance with a deductible of not less than One Hundred Thousand
Dollars ($100,000.00) on state-owned buildings under the management and control
of the department; * * *
(q) In consultation
with and approval by the Chairmen of the Public Property Committees of the Senate
and the House of Representatives, enter into contracts for the purpose of
providing parking spaces for state employees who work in the Woolfolk Building,
the Carroll Gartin Justice Building or the Walter Sillers Office Building * * *; and
(r) The department is
hereby authorized to transfer up to * * * Ten
Million Dollars ($10,000,000.00) of available bond funds to each community college
requesting to be exempt from department control and supervision relating to the
repair, renovation and improvement of existing facilities owned by the
community colleges, including utility infrastructure projects; heating and air
conditioning systems; and the replacement of furniture and equipment. The
community colleges shall abide by all applicable statutes related to the
purchase of the repair, renovation and improvement of such existing facilities.
(3) The department shall survey state-owned and state-utilized buildings to establish an estimate of the costs of architectural alterations, pursuant to the Americans With Disabilities Act of 1990, 42 USCS, Section 12111 et seq. The department shall establish priorities for making the identified architectural alterations and shall make known to the Legislative Budget Office and to the Legislature the required cost to effectuate such alterations. To meet the requirements of this section, the department shall use standards of accessibility that are at least as stringent as any applicable federal requirements and may consider:
(a) Federal minimum guidelines and requirements issued by the United States Architectural and Transportation Barriers Compliance Board and standards issued by other federal agencies;
(b) The criteria contained in the American Standard Specifications for Making Buildings Accessible and Usable by the Physically Handicapped and any amendments thereto as approved by the American Standards Association, Incorporated (ANSI Standards);
(c) Design manuals;
(d) Applicable federal guidelines;
(e) Current literature in the field;
(f) Applicable safety standards; and
(g) Any applicable environmental impact statements.
(4) The department shall observe the provisions of Section 31-5-23 in letting contracts and shall use Mississippi products, including paint, varnish and lacquer which contain as vehicles tung oil and either ester gum or modified resin (with rosin as the principal base of constituents), and turpentine shall be used as a solvent or thinner, where these products are available at a cost not to exceed the cost of products grown, produced, prepared, made or manufactured outside of the State of Mississippi.
(5) The department shall have authority to accept grants, loans or donations from the United States government or from any other sources for the purpose of matching funds in carrying out the provisions of this chapter.
(6) The department shall build a wheelchair ramp at the War Memorial Building which complies with all applicable federal laws, regulations and specifications regarding wheelchair ramps.
(7) The department shall review and preapprove all architectural or engineering service contracts entered into by any state agency, institution, commission, board or authority, regardless of the source of funding used to defray the costs of the construction or renovation project, for which services are to be obtained to ensure compliance with purchasing regulations and to confirm that the contracts are procured by a competitive qualification-based selection process except where such appointment is for an emergency project or for a continuation of a previous appointment for a directly related project. The provisions of this subsection (7) shall not apply to:
(a) Any architectural or engineering contract fully paid for by self-generated funds of any of the state institutions of higher learning;
(b) Any architectural or engineering contract that is self-administered at a state institution of higher learning as provided under Section 27-104-7(2)(b) or 37-101-15(m);
(c) Community college projects that are fully funded from local funds or other nonstate sources which are outside the Department of Finance and Administration's appropriations or as directed by the Legislature;
(d) Any contract for the construction of buildings or other facilities, including contracts for architectural and engineering services, which are funded in whole or in part by general obligation bonds or other state source funds appropriated in lieu of general obligations bonds of the State of Mississippi, at Mississippi public community and junior colleges when the local community or junior college board of trustees determines that it is in the best interest of the community or junior college to procure and administer all such contracts.
( * * *e) Any construction or design
projects of the State Military Department that are fully or partially funded
from federal funds or other nonstate sources; and
( * * *f) Any project of the State Department
of Transportation.
(8) (a) The department shall have the authority to obtain annually from the state institutions of higher learning, the state community colleges and junior colleges, the Department of Mental Health, the Department of Corrections and the Department of Wildlife, Fisheries and Parks information on all renovation and repair expenditures for buildings under their operation and control, including duties, responsibilities and costs of any architect or engineer hired by any such institutions, and shall annually report the same to the Legislative Budget Office, the Chairman of the House Public Property Committee and the Chairman of the Senate Public Property Committee before September 1.
(b) All state agencies, departments and institutions are required to cooperate with the Department of Finance and Administration in carrying out the provisions of this subsection.
(c) Expenditures shall not include those amounts expended for janitorial, landscaping or administrative support, but shall include expenditures from both state and nonstate sources.
(d) Expenditures shall not include amounts expended by the department on behalf of state agencies, departments and institutions through the Department of Finance and Administration administered contracts, but shall include amounts transferred to the Department of Finance and Administration for support of such contracts.
(9) As an alternative to other methods of awarding contracts as prescribed by law, the department may elect to use the method of contracting for construction projects set out in Sections 31-7-13.1 and 31-7-13.2; however, the design-build method of construction contracting authorized under Section 31-7-13.1 may be used only when the Legislature has specifically required or authorized the use of this method in the legislation authorizing a project.
(10) The department shall have the authority, for the purposes of carrying out the provisions of this chapter, and in addition to all other rights and powers granted by law, to create and maintain a list of suspended and debarred contractors and subcontractors. Consistent with this authority, the department may adopt regulations governing the suspension or debarment of contractors and subcontractors, which regulations shall be subject to the approval of the Public Procurement Review Board. A suspended or debarred contractor or subcontractor shall be disqualified from consideration for contracts with the department during the suspension or debarment period in accordance with the department's regulations.
(11) This section shall not apply to the Mississippi State Port Authority.
SECTION 6. This act shall take effect and be in force from and after July 1, 2025."
AMEND further the title after the semicolon on line 12 by inserting the following:
"TO AMEND SECTION 31-11-3, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF AVAILABLE BOND FUNDS THAT DFA IS AUTHORIZED TO TRANSFER TO EACH COMMUNITY COLLEGE REQUESTING TO BE EXEMPT DFA CONTROL AND SUPERVISION FOR REPAIR, RENOVATION AND IMPROVEMENT OF EXISTING FACILITIES OWNED BY THE COMMUNITY COLLEGES UP TO $10,000,000.00; TO EXEMPT CONTRACTS FOR THE CONSTRUCTION AND MAINTENANCE OF BUILDING AND OTHER FACILITIES ON THE CAMPUSES OF PUBLIC COMMUNITY AND JUNIOR COLLEGES, WHICH ARE FUNDED IN WHOLE OR IN PART BY GENERAL OBLIGATION BONDS OR OTHER STATE SOURCE FUNDS, FROM THE REQUIREMENT FOR PREAPPROVAL BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR ARCHITECTURAL AND ENGINEERING SERVICE CONTRACTS;"
HR35\SB2518A.2J
AMENDMENT NO. 2
Amend after line 65 by inserting the following:
"SECTION 5. (1) The Board of Trustees of State Institutions of Higher Learning, acting on behalf of Mississippi Valley State University, is authorized to enter into a long-term lease(s) of all or any portion of certain real property under its control and possession. The property described in this section shall be leased for a period not to exceed a term of forty-five (45) years with two (2) additional options for renewal periods not to exceed ten (10) years and one (1) additional option for a renewal period not to exceed five (5) years, for the purposes of developing faculty and staff housing for the benefit of the university. The property to be leased shall be more particularly described as follows:
All of Lots 2 and 3 as shown on the map of Bransford's Itta Bena Plantation on record in Map Book 3 at page 47 in the office of the Chancery Clerk of Leflore County, Mississippi and also 33.33 acres off the East side of Lot 1 as shown by said map more particularly described as follows: Beginning at a concrete post situated at the northeast corner of said Lot 1, run thence West 569.1 feet along the northern boundary of said Lot 1; thence run South 2421.9 feet to the South line of said Lot 1 at the center line of Gin Bayou; thence run with said lot line along the center of said bayou S 63 degrees 47 minutes East 63.4 feet; thence S 68 degrees fourteen minutes East 295.8 feet; thence S 58 degrees 08 minutes East 279.7 feet to the Southeast corner of Lot 1; thence run North 2707.3 feet along the eastern boundary of Lot 1 to the point of beginning enclosing a tract with an area of 33.33 acres, of which 0.91 acres is in a public road.
The above described lands have a total area of 452.05 acres inclusive of 2.05 acres in a public road all of which lies within Section 13, T. 19 N., R. 2 W and Section 18, T. 19 N., R. 1 W., Choctaw Meridian, in Leflore County, Mississippi; subject to easements for gas pipe line, granted to the Mississippi Gas & Electric Company and Electric Power line, as shown in Book 64 at page 111 of the land deed records in the office of the Chancery Clerk of said County of Leflore.
(2) The lease(s) and any amendments to the lease(s) of all or any portion of the real property authorized for lease(s) under subsection (1) of this section shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning. The approved lease(s) and any amendments to the lease(s) shall not be cancelled by successor boards based on the binding successor doctrine.
SECTION 6. (1) The Board of Trustees of State Institutions of Higher Learning, acting on behalf of Mississippi Valley State University, is authorized to enter into a long-term sublease(s) of all or any portion of the real property described in Section 1 of this act which is under its control and possession for a period not to exceed a term of forty-five (45) years with two (2) additional options for renewal periods not to exceed ten (10) years and one (1) additional option for a renewal period not to exceed five (5) years.
(2) The sublease(s) and any amendments to the sublease(s) of all or any portion of the real property described in Section 1 of this act shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning. The approved sublease(s) and any amendments to the sublease(s) shall not be cancelled by successor boards based on the binding successor doctrine.
SECTION 7. If all or any portion of the property described in Section 1 of this act is leased, Mississippi Valley State University, with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to negotiate all aspects of any lease(s) or sublease(s) and any terms and ancillary agreements pertaining to any lease(s) or sublease(s) as may be reasonably necessary to effectuate the intent and purposes of this section and to ensure a fair and equitable return to the state.
SECTION 8. (1) All proceeds derived or received from the agreements and lease(s) entered into under Sections 5 and 6 of this act shall be deposited into a special fund and expended only for the use and benefit of Mississippi Valley State University.
(2) At the end of the lease term provided in this act, the property leased under the authority provided herein and all improvements to such property shall revert to Mississippi Valley State University.
(3) The State of Mississippi shall retain all mineral rights to the real property leased under Section 5 of this act.
(4) The Department of Finance and Administration is authorized to correct any discrepancies in the property described in Section 5 of this act."
Further, amend by renumbering succeeding sections accordingly.
Further, amend the title on line 12, by inserting the following after the semicolon:
"TO AUTHORIZE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, ACTING ON BEHALF OF MISSISSIPPI VALLEY STATE UNIVERSITY TO ENTER INTO A LONG-TERM LEASE(S) OF ALL OR ANY PORTION OF REAL PROPERTY UNDER ITS CONTROL AND POSSESSION FOR THE PURPOSE OF DEVELOPING FACULTY AND STAFF HOUSING FOR THE BENEFIT OF THE UNIVERSITY;".
HR35\SB2518A.5J
AMENDMENT NO. 3
AMEND after line 65 by inserting in lieu thereof the following:
"SECTION 5. Sections 5 through 9 of this act shall be known and cited as the "Mississippi Connecting Career and Technical Education Employability (MissCATEE) Program," for which implementation of shall be subject to legislative appropriation.
SECTION 6. (1) The Legislature finds that establishing attainable workforce goals reflect Mississippi's commitment to creating a pipeline of skilled workers to address workforce shortages and build a sustainable economic future begins with investing in career and technical education (CTE) programs that meet the needs of employers and communities. Mississippi's workforce development goals center around equipping its citizens with the skills necessary to meet the demands of high-growth, high-demand industries. These goals, include the following:
(a) Expanded career and technical education (CTE) opportunities, which:
(i) Increase access to CTE programs at community colleges to prepare students for technical and skilled trade careers;
(ii) Focus on industry-recognized certifications and associate degrees aligned with state workforce needs; and
(iii) Promote dual-enrollment opportunities for high school students to participate in CTE pathways;
(b) Align education and training with emphasis on
Mississippi's workforce development sector strategies or priority occupations, as identified by Accelerate MS, targeting industries with workforce shortages. High-priority sectors include:
(i) Advanced manufacturing: addressing the growing need for skilled machinists, engineers and technicians;
(ii) Healthcare: expanding the pipeline for nurses, allied health professionals and paramedics;
(iii) Information technology: preparing workers for roles in cybersecurity, software development and IT support;
(iv) Transportation and logistics: training workers for commercial driving, warehousing and supply chain management; and
(v) Energy and construction: focusing on renewable energy technologies, traditional utilities and skilled trades like electricians and plumbers;
(c) Address workforce shortages in rural areas to:
(i) Prioritize investments in CTE programs to serve underserved rural communities where skilled labor gaps are most acute; and
(ii) Develop programs to retain graduates within the state, with special incentives for those who commit to working in rural areas;
(d) Promote lifelong learning and upskilling that:
(i) Encourage adults aged eighteen (18) and older to re-enter the workforce or enhance their skills through CTE programs; and
(ii) Provide pathways for individuals without postsecondary education to earn certifications or degrees, fostering upward economic mobility;
(e) Support economic resilience through public-private partnerships by:
(i) Collaborating with industries to identify workforce needs and design CTE curricula that address specific skill gaps; and
(ii) Incentivizing employers to participate in apprenticeship programs, internships and on-the-job training for students;
(f) Increase access to funding and support services that:
(i) Offer financial aid programs, like tuition-free grants or scholarships, to eliminate barriers to CTE participation; and
(ii) Provide wraparound support services such as childcare, transportation and academic counseling to ensure student success; and
(g) Focus on data-driven workforce solutions that:
(i) Use labor market data to identify emerging industries and predict workforce needs; and
(ii) Regularly update sector strategies or priority occupations, as identified by Accelerate MS, and CTE offerings to reflect changes in Mississippi's economic landscape.
(2) Therefore, the intent of the Legislature, subject to appropriation for the purposes provided herein is:
(a) To provide funding to the Office of Workforce Development to establish a scholarship program for the purposes outlined herein.
(b) To provide tuition-free access for recent high school graduates to community colleges with accredited CTE programs that are aligned with Mississippi's workforce sector strategies or priority occupations, as identified by Accelerate MS, which result in a degree credential or industry certification in an identified industry sector, ensuring a pipeline of skilled workers to meet the state's economic demands.
(c) To gauge the effectiveness of this program by gathering data related to the participation and employment outcomes in order to replicate successful efforts in future
workforce development programs.
SECTION 7. (1) There is established the Mississippi Connecting Career and Technical Education Employability (MissCATEE) Program, which shall be directed by the Office of Workforce Development (Accelerate MS) for the purpose of providing tuition-free community college attendance for eligible recipients for career and technical education (CTE) and training for associate degree credential or industry certification in high-wage, high-demand industries with documented workforce shortages prioritized by the office. The implementation of this program shall be subject to the availability of funds appropriated by the Legislature.
(2) As used in this section, the following words and phrases shall have the meanings as defined herein unless the context clearly indicates otherwise:
(a) "Accelerate MS" or "office" means the Office of Workforce Development.
(b) "Eligible institution" means any community college, local workforce development area or other eligible recipient of funding under this section.
(c) "Eligible program" means a career and technical (CTE) program administered at an eligible institution and approved by the Office of Workforce Development (Accelerate MS), which is aligned with identified workforce sector strategies or priority occupations, and identified on the state's Eligible Training Provider List (ETPL).
(d) "Eligible recipient" means a person who:
(i) Has been a resident of Mississippi for at least one (1) year prior to enrollment in an eligible program at an eligible institution and continues to physically reside herein;
(ii) Is a United States citizen, lawful permanent resident, or noncitizen eligible under Title IV regulations for student aid eligibility;
(iii) Has a high school diploma, GED or equivalent;
(iv) Is enrolled full-time in an eligible CTE program at a Mississippi community college within twelve (12) months of completion of a secondary education program or dually-enrolled in an eligible CTE program through his or her high school in accordance with Section 37-15-38;
(v) Has completed a Free Application for Federal Student Aid (FAFSA);
(vi) Maintains satisfactory academic progress as defined by the administering institution upon enrollment;
(vii) Has not previously earned an associate or bachelor's degree. A student currently or previously enrolled in a community or junior college may be eligible if he or she changes his or her major to an identified high-demand industry sector or occupation, provided he or she has not exhausted state financial aid limitations; and
(viii) Agrees to remain in the State of Mississippi and work in the industry sector in which the degree credential or industry certification was earned for such a period of time as prescribed by policies promulgated by the Office of Workforce Development for each identified sector strategy or priority occupation.
(e) "High-wage, high-demand industry" means those industries paying above Mississippi's median annual income and prioritized by the office across the eight (8) workforce ecosystems.
(f) "Sector strategy" means the workforce
needs of an industry within a regional labor market that has been collaboratively identified by a partnership of employers within a critical industry that brings together education, economic development, workforce systems and community organizations to collaboratively provide job-readiness training (including professional skills development), occupational skills training and support services.
(3) The Mississippi Office of State Financial Aid shall serve as fiscal agent in administering the funds, and shall disburse appropriate funds to eligible institutions on a semester basis upon receipt of verification of eligible recipients' enrollment in an eligible program.
(4) Subject to appropriation by the Legislature, allocations to eligible recipients shall be awarded to the eligible institution of enrollment by the Mississippi Office of State Financial Aid through an application process.
(5) The Mississippi Office of State Financial Aid shall:
(a) Inform each recipient of the amount his or her portion of the program funds available for use, dependent on enrollment as a full-time or part-time student; and
(b) Develop regulations and procedures to govern the administration of the program.
(6) The Mississippi Office of State Financial Aid may use a minimal amount of funds allocated for this section for the administration of the program, to be approved by the State Workforce Investment Board Executive Committee.
SECTION 8. (1) The district office of each Local Workforce Development Area shall enter into a contract agreement with each eligible recipient of funds under the program employing existing processes for certifying participants.
(2) The Office of Workforce Development shall establish the priorities and provide such directives along with the necessary funds to the Local Workforce Development Areas, which shall administer the distribution of these funds. Of the funds appropriated under the provisions of this act, the office shall allocate no less than three percent (3%) and no more than five percent (5%) to the Local Workforce Development Areas for the administration of these provisions.
(3) Accelerate MS shall annually provide a list of eligible programs based on priority sectors and occupations and program recipients to the Mississippi Office of State Financial Aid. The Mississippi Office of State Financial Aid shall collaborate with Accelerate MS to track fund recipients under the program through the requisite time prescribed by the Office of Workforce Development for each identified sector strategy and priority occupation.
SECTION 9. (1) The Office of Workforce Development shall submit an annual report on the program to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chair of the House Workforce Development Committee, the Chair of the Senate Economic and Workforce Development Committee and the Chairperson of the House and Senate Universities and Colleges Committees. The report shall contain a detailed explanation of how the funds appropriated for the program were awarded and how many students have participated in the grant program and their employment outcomes. The report shall also include a list of high-priority industry sectors, with corresponding Classification of Instructional Programs (CIP) codes and occupations eligible for funding under the program, as determined annually by the Office of Workforce Development.
(2) Any high-priority industry sector or occupation identified in the report with the corresponding CIP code must remain eligible for at least four (4) academic years before being removed from the list to ensure students have adequate time to complete their credential or degree.
AMEND further the title after the semicolon on line 12 by inserting the following:
"TO CREATE THE MISSISSIPPI CAREER AND TECHNICAL EDUCATION EMPLOYABILITY (MISSCATEE) PROGRAM, WHICH SHALL BE DIRECTED BY THE OFFICE OF WORKFORCE DEVELOPMENT FOR THE PURPOSE OF PROVIDING TUITION-FREE COMMUNITY COLLEGE ATTENDANCE FOR ELIGIBLE RECIPIENTS FOR CAREER AND TECHNICAL EDUCATION (CTE) AND TRAINING LEADING TO ASSOCIATE DEGREE CREDENTIALS OR INDUSTRY CERTIFICATIONS IN HIGH-WAGE, HIGH-DEMAND INDUSTRIES WITH DOCUMENTED WORKFORCE SHORTAGES PRIORITIZED BY THE OFFICE; TO PROVIDE FOR DEFINITIONS; TO PROVIDE THAT THE MISSISSIPPI OFFICE OF STATE FINANCIAL AID SHALL SERVE AS FISCAL AGENT IN ADMINISTERING THE FUNDS; TO PRESCRIBE THE REQUIREMENTS TO ESTABLISH ELIGIBILITY AND TO REMAIN ELIGIBLE FOR THE RECEIPT OF PROGRAM FUNDS; TO PROVIDE THAT THE RECIPIENT OF A GRANT SHALL COMMIT TO SERVING IN THE INDUSTRY SECTOR FOR WHICH HIS DEGREE CREDENTIAL OR INDUSTRY CERTIFICATION WAS GRANTED FOR SUCH A PERIOD OF TIME IN THE STATE AS DETERMINED BY THE OFFICE OF WORKFORCE DEVELOPMENT; TO PROVIDE THE REPORTING REQUIREMENTS;"
HR26\SB2518A.1J
AMENDMENT NO. 4
AMEND after line 65 by inserting the following:
"SECTION 5. Section 37-106-39, Mississippi Code of 1972, is amended as follows:
37-106-39. (1) There is
established the Mississippi Law Enforcement Officers * * *, Firefighters and First
Responders Scholarship.
(2) Except as provided in this section, if any Mississippi law enforcement officer, full-time firefighter or volunteer firefighter or first responder 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) 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.
(b) 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 or first responder 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.
(e) "First responder" means state and local law enforcement personnel, fire department personnel, emergency medical personnel, emergency management personnel and public works personnel.
(5) (a) Any law enforcement officer, full-time firefighter or volunteer firefighter or first responder 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 * * *,
firefighter's or first responder's former supervisor or employer stating
whether the officer * * *, firefighter or first responder 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 * * *,
firefighter's or first responder's physician stating whether the officer * * *, firefighter or first responder
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 or first responder 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 * * *,
firefighter's or first responder'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."
AMEND title by inserting the following after the semicolon on line 12:
"TO AMEND SECTION 37-106-39, MISSISSIPPI CODE OF 1972, TO PROVIDE SCHOLARSHIPS TO THE SPOUSES AND CHILDREN OF FIRST RESPONDERS KILLED IN THE LINE OF DUTY OR WHO BECOME PERMANENTLY AND TOTALLY DISABLED AS THE RESULT OF INJURIES OR WOUNDS WHICH OCCURRED WHILE IN THE LINE OF DUTY;"
HR26\SB2518A.4J
Andrew Ketchings
Clerk of the House of Representatives