2006 M ISSISSIPPI LEGISLATIVE SESSION

Transcription

2006
M ISSISSIPPI
LEGISLATIVE SESSION
PREPARED
BY THE
STATE BOARD FOR
COMMUNITY AND JUNIOR COLLEGES
Contents
Direct Bills
House Bill 214 – Curriculum choices; SDE design for students interested in
direct entry into workforce.
House Bill 392 – State funds; clarify that MCI settlement funds may be used
by colleges and schools for PERS contribution increase.
House Bill 745 – Income tax; extend repealer on tax credit for certain
employers sponsoring skills training for employees.
House Bill 890 – College tuition; clarify residency requirement for certain
minors to receive in-state rates.
House Bill 992 – Universities and colleges; authorize construction of
facilities at certain institutions with private funds.
House Bill 1015 – Public construction projects; revise various provisions
relating to.
House Bill 1034 – Mississippi Delta Region; create task force to develop
strategic plan for revitalization of region.
House Bill 1130 – Public high schools; restructure means of delivering
education (GOV).
House Bill 1167 – Property; authorize land exchange between North Pike
School District and Southwest Mississippi Community College.
House Bill 1274 – Public purchases; allow purchasing entity to designate
method for receiving bids on certain.
House Bill 1423 – High school diploma; authorize for students who
withdrew before graduation and later achieved equivalent requirements.
House Bill 1440 – Public facilities; new construction to comply with
building code standards required by DFA.
House Bill 1459 – Energy efficiency equipment and services; revise
definition for purposes of contracting for by public entities.
House Bill 1634 – Bonds; authorize for IHL, state agencies, community
colleges and other purposes.
Senate Bill 2178 – State employee travel; revise approval procedure for
overseas travel for university employees.
Senate Bill 2218 – Authority of Mississippi Commission on College
Accreditation; define.
Senate Bill 2581 – State agencies use of contract employees; require
information in budget requests.
Senate Bill 2602 – Mississippi Education Reform Act of 2006; enact.
Senate Bill 2607 - Community college trustees’ authority to contract for
energy efficiency services; increase term limitation.
Senate Bill 2686 – Sales tax; authorize a diversion to state institutions of
higher learning not located within corporate limits of a municipality.
Senate Bill 2701 – School districts may borrow CDL funds from federal
government to cover loss of revenue as result of Hurricane Katrina;
authorize.
Senate Bill 2761 – Transfer of adult short-term training programs to
SBCJC; delete repealer on.
Senate Bill 2915 – IHL Board; representative of student body presidents
shall attend meetings.
Senate Bill 3022 – Appropriation; Jr. Colleges – Admin.
Senate Bill 3023 – Appropriation; Jr. Colleges – Support.
Senate Bill 3074 – Sales tax; exclude prepaid student meal plans sold at
colleges and meals sold to K-12 students at school from the term “business.”
Legislative Nominations
Senate Nomination 18 – Patricia Rinehart (Pat) Dickens, Natchez,
Mississippi, State Board for Community and Junior Colleges, unexpired
term ending June 30, 2007, representing Fourth Congressional District, vice
Patricia Randall.
Senate Nomination 37 – Nadara L. Cole, Booneville, Mississippi,
Mississippi Board of Nursing as a representative of consumer health services
at-large, unexpired term ending June 30, 2007.
Legislative Resolutions
House Resolution 46 – Marie Paslay; congratulate on being selected as
Instructor of the Year at Mississippi Gulf Coast Community College.
House Resolution 125 – Robert T. Smith; commend life, career and
contributions of to Mississippi Gulf Coast Community College.
Senate Resolution 56 – Commend Representative Charles L. Young, Sr.
Senate Concurrent 596 – Commend members of Phi Theta Kappa’s AllMississippi Academic Team.
Senate Concurrent 630 – Dr. Ronald Estes Whitehead, President of Jones
County Junior College.
Direct Bill Summaries
HB 214 – Effective on passage. Due from Governor 04/20/06.
This bill requires the State Department of Education to design curriculum choices for students
who are interested in direct entry into the workforce immediately following high school
graduation. Completion of the program’s curriculum, which will be implemented for ninth
graders beginning in the 2007-2008 school year, will lead to a standard diploma.
The bill also provides that local school boards, superintendents and principals may not
prohibit teachers from discussing and answering students’ questions on the origin of life.
Lastly, the bill creates a commission to study the effectiveness and efficiency of the
administration of the college tuition assistance programs administered by the state institutions of
higher learning and to evaluate merit based college tuition assistance programs.
The
commission, which shall be comprised of five members, must report its findings and
recommendations to the Education and Universities and Colleges Committees before October 1,
2006.
HB 392 - Effective on passage. Signed 03/15/06.
This bill clarifies that funds received as a settlement payment from MCI, Inc., and transferred to
the Public Employees’ Retirement System may be used by the retirement system as a credit
against the increase in the employer contribution for universities, community and junior colleges
and public school districts.
HB 745 - Effective 07/01/06. Signed 03/13/06.
This bill extends the date of repeal to July 1, 2008, on the section of law that provides an income
tax credit for certain employers that sponsor skills training for employees.
HB 890 - Effective 07/01/06. Signed 03/13/06.
This bill amends Section 37-103-7 to clarify that in order to qualify for in-state tuition, a minor
student who attended secondary school in Mississippi for not less than the final four years of
school before graduating from a Mississippi secondary school must reside within the state upon
registering at a state institution of higher learning or community colleges.
HB 992 – Effective 07/01/06. Due from Governor 04/20/06.
This bill amends Section 37-101-41 to authorize the Board of Trustees of State Institutions of
Higher Learning to allow universities to lease land to private individuals or corporations for the
purpose of erecting auxiliary facilities, funded by private financing, for the university’s use for
active faculty and students. The lease must permit the board to purchase the facilities for $1.00
after the board has paid all sums due under the lease.
The bill also deletes the maximum term (31 years) authorized for such leases, expands
the scope of facilities eligible for such private financing from housing and dormitories to
“auxiliary” facilities, and adds the University of Mississippi to the list of institutions.
HB 1015 -
Effective 07/01/06. Due from Governor 04/20/06.
This bill amends Section 31-11-30 to require all capital improvements projects fro new facilities,
including community or junior college projects funded in whole or in part by state bonds or
funds appropriated by the Legislature, costing $2,000,000 or more to be funded in two phases by
the Legislature, each phase funded in a separate session of the Legislature. Phase 1 shall consist
of the preplanned capital improvements project budget projection. Phase 2 shall consist of the
actual construction of the state-owned building, furnishing and equipping the building.
Any capital improvements project for a new facility costing less that $2,000,000 is
exempt from the preplanning requirement.
The bill amends Section 31-11-3 to authorize the Department of Finance and
Administration to allow state institutions of higher learning, community and junior colleges and
other state agencies to manage any construction or renovation project with a value not exceeding
$250,000 provided that each agency meets the criteria and management requirements developed
by the Department of Finance and Administration, in addition to requiring the following of
managing agencies:
•
Use standard contracts and project management procedures approved by the
Department of Finance and Administration.
•
Conduct projects on a reimbursable basis and require documentation deemed
appropriate by the Department of Finance and Administration for payment of claims, which
shall be on a one-time basis at completion and approval of project documentation.
The bill removes the Department of Finance and Administration’s authority to use the
design-build method of contracting for certain construction projects and requires the department
to adopt building code standards for new construction of public facilities.
The bill also creates a new section of law to prohibit construction programs managers
and/or construction managers, building commissioning agents and their subsidiary or parent
companies from bidding on any public construction project for which they are providing
services. Additionally this section of law places a 3% cap on the amount construction program
managers can be compensated for the total cost of the public construction project.
HB 1034 -
Effective on passage. Signed 03/23/06.
This bill, the “Mississippi Delta Region Revitalization Act of 2006,” creates the Special Task
Force for Revitalization of the Mississippi Delta Region to serve as an independent research and
analytical group charged with setting goals to revitalize the Mississippi Delta. The 27-member
task force shall be comprised of appointees named by the Speaker, Lieutenant Governor,
Governor and certain planning and development district boards of directors, as well as the
Executive Director of the Mississippi Development Authority. The University Research Center
Bureau of Comprehensive Long-Range Economic Development Planning shall serve the task
force by providing support staff and office space and by preparing a long-range plan for the
revitalization of the Delta. The bill specifically describes five parts that must be included in the
long-range plan. A preliminary report on the status of the plan must be made to the Joint
Legislative Budget Committee in November 2006, and all parts of the plan must be completed by
December 1, 2006.
HB 1130 -
Effective 07/01/06. Signed 03/13/06.
(NOTE: The provisions of this bill, the component of the Governor’s education package relating
to educational opportunities for high schools students, are contained in and superceded by SB
2602, which is summarized in detail under the EDUCATION section of this summary.)
This bill creates the Mississippi Virtual Public School Program to provide students with
access to additional educational resources. A “virtual school” is defined as an independent
public school in which technology is used to deliver a significant portion of instruction via the
Internet in a virtual or from a remote setting. Beginning in 2006-2007, the State Board of
Education must sponsor at least one virtual school. School districts, regional education service
agencies and charter schools may also sponsor virtual schools.
The bill creates new Section 37-15-38 to authorize the creation of high school and
university or community college dual enrollment programs under which high school students in a
local school district may enroll in a postsecondary institution while they are still in school. The
program is intended to provide every student who desires an opportunity to earn a semester’s
worth or more of college credit while still in high school. Each individual institution shall
establish admission criteria for dual enrollment, and dual credit memoranda of understandings
must be established between each postsecondary institution and a school district implementing a
dual credit program.
To achieve consistent implementation of the program, the Board of
Trustees of State Institutions of Higher Learning and State Board for Community and Junior
Colleges jointly shall develop a template to be used by individual institutions and community
colleges throughout the state.
The bill creates new Section 37-15-39 to require all school districts to offer preadvanced
placement courses in order to prepare students for advanced placement course work. Beginning
in the 2007-2008 school year, all school districts must offer at least one advanced placement
course in each area of math, English, science and social studies; however, schools offering the
International Baccalaureate Diploma Program are exempt from this requirement. In addition,
funding shall be made available in the 2007-2008 school year so that all public school
sophomores may take an examination measuring each student’s ability to succeed in an advanced
placement course. Funding efforts must target school districts serving a high concentration of
low-income students.
The bill establishes the Lifelong Learning Commission and prescribes its duties. The
commission shall consist of the Governor, the State Superintendent of Public Education, the
Commissioner of the State Board for Community and Junior Colleges and the Commissioner of
Higher Education.
The bill also creates new Section 37-3-95 to require the State Department of Education
and the Board of Trustees of State Institutions of Higher Learning to jointly prepare an annual
report for the Legislature and Governor which may be used to create a rating system to measure
the performance of teacher education programs in the state.
Lastly, HB 1130 creates new Section 37-7-346 to require the State Department of
Education and the Regional Education Service Agencies (RESA) to jointly develop a plan for
increasing the RESA function as a local provider of educational services.
HB 1167 -
This bill authorizes the school board of the North Pike School District and the Board of Trustees
of Southwest Mississippi Community College to exchange certain portions of real property in
Pike County subject to the additional terms and conditions agreed upon by the entities involved.
HB 1274 -
This bill amends the public purchasing laws to allow the purchasing entity to designate the
method by which the bids will be received, including, but not limited to, bids sealed in an
envelope, bids received electronically in a secure system, bids received via a reverse auction, or
bids received by any other method that promotes open competition and has been approved by the
Office of Purchasing and Travel.
HB 1423 -
This bill authorizes high schools to grant a diploma to a person who withdrew from school
before graduation if the person has: (a) achieved the equivalent requirements for graduation that
existed when the person would have graduated; and (b) requested a diploma, accompanied by
transcripts evidencing completed coursework, from the school district in which the person last
attended high school.
HB 1440 – Effective 07/01/06. Due from Governor 04/25/06.
This bill creates a new section of law, Section 31-11-33, to require the construction of any new
state public facility, built after the effective date of this bill, to comply with certain building code
standards adopted by the Department of Finance and Administration, Bureau of Buildings,
Grounds and Real Property Management. The bill requires the architect/engineer of the awarded
contract to prepare and submit drawings and specifications in accordance with the code
requirements effective at the time of the agreement or in accordance to the more stringent code
standards if amended after the awarding of the contract.
The bill amends Section 31-11-3 to authorize the Department of Finance and
Administration to allow state institutions of higher learning, community and junior colleges and
other state agencies to manage any construction or renovation project with a value not exceeding
$250,000 provided that each agency meets the criteria and management requirements developed
by the Department of Finance and Administration, in addition to requiring the following of
managing agencies;
•
Use standard contracts and project management procedures approved by the Department
of Finance and Administration.
•
Conduct projects on a reimbursable basis and require documentation deemed appropriate
by the Department of Finance and Administration for payment of claims, which shall be on a
one-time basis at completion and approval of project documentation.
The bill removes the Department of Finance and Administration’s authority to use the
design-build method of contracting for certain construction projects and requires the department
to adopt building code standards for new construction of public facilities.
HB 1459 -
This bill revises the definition of “Energy Efficient Services: for the purposes of leasing or
contracting for energy efficiency equipment or energy services by public entities. It also clarifies
the meaning of “reduce operating costs” by adding its definition.
Furthermore, the bill clarifies that a contract may be construed to provide flexibility to
public agencies in structuring agreements entered into hereunder so that economic benefits may
be maximized.
HB 1634 – Effective on passage. Signed 04/14/06.
This bill authorizes the issuance of state general obligation bonds to pay the costs of capital
improvements, renovation and/or repair of existing facilities, furnishings and/or equipping
facilities for public facilities for agencies or their successors as hereinafter described:
NAME
PROJECT
AMOUNT
ALLOCATED
Alcorn State University…………………………………………………………… $2,000,000
Furnishing and equipping
of dining facility…………………………………$2,000,000
Jackson State University…………………………………………………………… $1,600,000
Phase II of structure, repair and renovation
of John W. Dixon Hall…………………………$1,600,000
Mississippi Valley State University……………………….………………………$2,000,000
Furnishing and equipping of
the business school………………………………$2,000,000
Department of Finance and Administration………………………..……………$18,300,000
Completion of the Sillers/Justice block……$18,300,000
Mississippi Department of Information
Technology
Services…………………………………………………………………………$17,500,000
Construction, furnishing and equipping of a cooperative
data center and a building to house the Mississippi
Department of Information Technology Services and related
Tenant build-out and moving expenses…………..…………$17,500,000
TOTAL……………………………………………………………………………$41,400,000
The bill authorizes the issuance of $35,000,000 in state general obligation bonds to be
divided evenly between the Mississippi State-Owned Buildings and Community and Junior
College Repair and Renovation Fund and the IHL Emergency Repair and Renovation Fund.
Funds in the Mississippi State-Owned Buildings and Community and Junior College Repair and
Renovation Fund will be used to pay the costs of repair and renovation of state-owned buildings
and facilities, repair and renovation of buildings and repair and renovation of buildings and
facilities at community and junior colleges. Of the money in this fund, $1,000,000.00 shall be
allocated to the Mississippi Museum of Natural Science, $600,000.00 shall be allocated to Pearl
River Community College, and $900,000.00 shall be allocated to Mississippi Gulf Coast
Community College. Funds in the IHL Emergency Repair and Renovation Fund will be used to
pay the costs of repair and renovation of buildings and facilities at state institutions of higher
learning.
The bill authorizes the issuance of $51,000,000 in state general obligation bonds to
provide funds for the state’s portion of the cost share for public assistance under the Presidential
Declaration of Major Disaster for the State of Mississippi (FEMA-1604-DR) dated August 29,
2005, for hurricane or other storm damage to public facilities and infrastructure as a result of
Hurricane Katrina. The proceeds of the bonds will de deposited into the Disaster Assistance
Trust Fund. The bill amends the section of law that creates the Disaster Assistance Trust Fund to
allow the fund to be used for such purposes.
provide funds to pay the costs of construction, furnishing, equipping and repairs and renovations
at the Southern Arts and Entertainment Center in Meridian, Mississippi. The bonds may not be
issued until the Department of Finance and Administration is provided proof that matching funds
from private sources have been irrevocably dedicated and are readily available to the project in
the amount of not less than $8,000,000. The matching funds may be provided in the form of
cash or in-kind contributions or any combination of cash or in-kind contributions.
provide funds to pay the costs of construction, furnishing and equipping of an economic
development and tourism destination facility in Hancock County, Mississippi, that will feature a
space, science and education center.
The bonds may not be issued until the Mississippi
Development Authority is provided proof that funds from private, local or federal sources have
been irrevocably dedicated to the project in the amount of not less than $6,000,000.
The bill revises the definition of the term “project” under the Mississippi Major
Economic Impact Act to include any major coal and/or petroleum coke gasification project with
an initial capital investment from any source or combination of sources other than the State of
Mississippi of not less than $800,000,000 which will create at least 200 full-time jobs with an
average annual salary, excluding benefits which are not subject to Mississippi income taxes, of at
least $45,000. The bill authorizes the issuance of $15,000,000 in bonds under the Mississippi
Major Economic Impact for the project.
The bill authorizes the issuance of $9,300,000 in additional bonds under the Mississippi
Major Economic Impact Act for the NASA shared services center. The amount of bonds
authorized for the project may be reduced by any federal or local funds made available for the
project. The bill also authorizes the Mississippi Major Economic Impact Authority to waive the
requirement for an irrevocable commitment of funds for the project by local governments due to
the unforeseen circumstances of Hurricane Katrina.
The bill authorizes the issuance of $2,000,000 of state general obligation bonds for the
Building Fund for the Arts.
The bill amends Section 210 through 226, Chapter 1, Laws of 2004 Third Extraordinary
Session, as amended by Chapter 458, Laws of 2005, to authorize the issuance of $500,000 in
additional state general obligation bonds for the purpose of providing funds to the Mississippi
Museum of Art to pay the costs of acquisition of land, planning, design and site preparation for a
facility for the Mississippi Museum of Art in Jackson, Mississippi, and/or construction, repair
and renovation, upgrading, furnishing, equipping, expansion or enhancement of buildings or
facilities for the Mississippi Museum of Art in Jackson, Mississippi.
The bill amends Sections 1 through 23, Chapter 550, Laws of 2002, as last amended by
Section 187, Chapter 1, Laws of 2004 Third Extraordinary Session, to:
•
Revise the use of bond proceeds at Mississippi State University to allow certain
bond proceeds to be used for furnishing and equipping of a simulation and design center.
•
Revise the use of bond proceeds to allow certain bond proceeds to be used for
furnishing and equipping of a building and related facilities to house the Mississippi Emergency
Management Agency.
•
Extend the period of time during which bonds authorized under such sections may
be issued.
The bill amends Sections 97 through 118, Chapter 1, Laws of 2004 Third Extraordinary
Session, to:
• Revise the use of bond proceeds at Jackson State University to allow certain bond
proceeds to be used for construction of the E-City Center Building.
•
Revise the use of bond proceeds at the University of Southern Mississippi to
allow certain bond proceeds to be used for facility repairs, replacements and upgrades at the
Gulf Coast Campuses.
•
Provide that funds allocated to the Department of Finance and Administration for
roofing repairs, repair and/or replacement of windows and weatherization at the Robert E. Lee
Building also may be used for such purposes at other Capitol Complex facilities.
•
Provide that funds allocated to the Department of Human Services may be used
for repair of the existing academic center, repair or replacement of a gymnasium at Columbia
and other projects at Columbia and Oakley to satisfy facility requirements requested by the
Department of Justice.
The bill amends Sections 1 through 24, Chapter 522, Laws of 2003, as last amended by
Section 186, Chapter 1, Laws of 2004 Third Extraordinary Session, to:
•
Provide that funds allocated to the Mississippi Forestry Commission for repairs
and renovation of equipment storage facilities also may be used for equipping of facilities and
construction of new storage facilities and related costs.
•
Provide that funds allocated to the Mississippi Veterinary Diagnostic Laboratory
for construction, furnishing and equipping of the Mississippi Veterinary Diagnostic Laboratory
also may be used for moving and relocation of the laboratory and related expenses.
•
Authorize the Department of Finance and Administration to preplan the
renovation of Johnson Hall at Jackson State University.
•
Extend to period of time during which bonds authorized under such sections may
be issued.
The bill authorizes the issuance of $4,000,000 of state general obligation bonds for the
Mississippi Community Heritage Preservation Grant Fund.
The bill revises the definition of the term “project” under the Regional Economic
Development Act to provide that the types of items or work that may qualify as projects under
the act may be publicly or privately owned. It also revises the definition of the term “cost of
project” to correspond with this change.
The bill also revises certain provisions of the Tax Increment Financing Act. Under that
act, a municipality may enter into an agreement with a developer under which the developer may
construct all or any part of a redevelopment project with private funds in advance of issuance of
bonds and may be reimbursed by the municipality for actual costs incurred by the developer
upon issuance and delivery of the bonds and receipt of the proceeds, conditioned upon dedication
of the redevelopment project by the developer to the municipality to assure public use and
access. The bill provides that this condition shall not apply to the privately owned portion of a
project for which the Mississippi Development Authority has issued a certificate of convenience
and necessity pursuant to the Regional Economic Development Act.
The bill authorizes the Department of Finance and Administration to transfer certain
state-owned real property in the City of Jackson, Mississippi, to the Mississippi Department of
Information Technology Services.
SB 2178 – Effective on passage. Signed 03/15/06.
This bill amends Section 25-3-41 to authorize employees of the state institutions of higher
learning, subject to the approval of the president of the respective institution, to expend public
funds for travel outside the continental United States without the approval of the Governor and
the Department of Finance and Administration.
SB 2218 -
This bill amends Section 37-101-241 to clarify the duties of the Commission on College
Accreditation.
In preparing the approved list of colleges and universities in the state, the
commission must include other entities that offer postsecondary academic degrees which are
domiciled, incorporated or located in Mississippi.
The colleges and universities must be
approved annually in order to offer instruction, as well as grant diplomas and degrees. Private
schools accredited by the Southern Association of Colleges and Schools (SACS) and proprietary
schools are exempt from the approval requirements.
The bill also requires the commission to seek an injunction to enjoin colleges from
offering or advertising degrees that have not been approved by the commission. Upon request,
the Attorney General of district attorney in the county in which an action is brought shall
represent the commission.
SB 2581 -
This bill requires that agencies include in their annual budget requests the following information
regarding contract workers for the most recently completed fiscal year:
•
The name of each worker;
•
The specific type of services provided;
•
Hourly rate of compensation, or the basis for compensation if a rate other than the hourly
rate is used;
•
Total gross salary or wages paid; and
•
Whether the worker is a retired member of the Public Employees’ Retirement System.
SB 2602 -
This act, the “Mississippi Education Reform Act of 2006,” is the bulk of the Governor’s
education package. The bill amends numerous code sections as well as creates new law. The
major components of the bill are as follows:
TEACHERS:
• Section 37-19-7 is amended to provide additional base compensation for teachers holding
licenses in critical subject areas, to provide additional compensation for teachers employed in
critical shortage areas, to establish a performance based pay plan to reward licensed education
personnel at schools showing improvement in student test scores, and to provide additional base
compensation for mentor teachers in middle schools with approved classroom management
programs.
• Section 37-3-2 is amended to provide that nay teacher from any state meeting the federal
standards of a highly qualified teacher shall be eligible for a standard license in Mississippi.
• Section 37-61-33 is amended to authorize teachers to carry forward approved classroom
supply expenditures into subsequent fiscal years.
HOME RULE:
• New Section 37-7-301.1 is created to grant home rule to local school districts.
SCHOOL ATTENDANCE:
• The Office of Dropout Prevention is created within the State Department of Education.
Each school district must implement a dropout prevention program by the 2008 school year.
• Section 37-13-81 is amended to place the Office of Compulsory School Attendance
Enforcement under the Office of Dropout Prevention.
• Section 37-13-83 is amended to require the Director of the Office of Compulsory School
Attendance Enforcement to report directly to the Director of the Office of Dropout Prevention.
SCHOOL AUDITS:
• Section 37-9-18 is amended to require the State Auditor to audit school districts for
compliance with appropriate functional level expenditure codes.
HIGH SCHOOLS:
• The Mississippi Virtual Public School Program is created. A “virtual school” is defined
as an independent public school in which technology is used to deliver a significant portion of
instruction via the Internet in a virtual or from a remote setting.
•
New Section 37-15-38 provides for the creation of high school and university or
community college dual enrollment programs, prescribes conditions for participation in the
program, provides for the payment of tuition and costs for university and community college
level courses and clarifies that course work taken under the program shall be dual credit.
•
New Section 37-15-39 requires school districts to offer pre-advanced placement
courses, requires funding to be made available in the 2007-2008 school year for all sophomores
to take a nationally recognized aptitude test for advanced placement classes, and requires all
high schools to offer at least four advanced placement courses beginning in the 2007-2008
school year.
•
A Lifelong Learning Commission is created to study the relevance of the high school
experience in Mississippi.
MISCELLANEOUS:
•
New Section 37-3-95 requires the State Department of Education and the Board of
Trustees of State Institutions of Higher Learning to jointly prepare an annual report to the
Legislature on the teacher education programs in the state.
•
New Section 37-7-346 requires the State Department of Education and the Regional
Education Service Agencies to jointly develop a plan for increasing the duties and
responsibilities of the agencies.
•
The Department of Human Services is required to establish the Mississippi Child Care
Quality Step System by requiring the Office for Children and Youth of the Department of
Human Services to develop and implement a pilot voluntary Quality Rating System (QRS) for
the purpose of improving the quality of all licensed early care and education and after school
programs.
•
The Office for Children and Youth is required to conduct a needs assessment to
determine the need for an incentive program, which would allow participating early care and
education programs in the QRS access to funds to provide incentives to teachers and directors
that make educational advancements that are listed in the QRS criteria.
•
The State Board of Education is required to develop a wellness curriculum for use by
school districts and establish rules for implementing the curriculum.
SB 2607 – Effective 07/01/06. Signed 03/13/06.
This bill amends Section 27-29-67 to increase the maximum term for which the boards of
trustees of the community college districts may contract for energy efficiency services or
equipment from 10 to 15 years.
This bill provides that 18-1/2% of the total sales tax revenue collected each month under the
provisions of the Mississippi Sales Tax Law on business activities on the campus of a state
institution of higher learning or community or junior college whose campus is not located
within the corporate limits of a municipality, shall be allocated for distribution and paid to the
state institution of higher learning or community or junior college.
This bill amends Sections 37-57-108 and 27-39-333 to authorize school districts damaged by
Hurricane Katrina, until June 30, 2007, to issue promissory notes to the federal government in
the event of a shortfall in revenues, including revenues anticipated from the federal
government for the purpose of replacing lost operating funds. School districts issuing such
promissory notes may not levy taxes or pledge collateral as security except as otherwise
allowed by law; however, the state may sign such promissory notes as an equal co-obligor.
Such notes must be repaid in full, including interest, within 10 years after issuance.
The bill also amends Section 37-29-101 to grant to the boards of trustees of the
community and junior college districts the same authority to issue promissory notes in
anticipation of a revenue shortfall due to Hurricane Katrina.
Lastly, the bill grants the University of Southern Mississippi, subject to the approval of
the Board of Trustees of State Institutions of Higher Learning, to borrow funds for the purpose
of repairing damage related to Hurricane Katrina.
This bill amends Section 37-4-11 to delete the repealer on the statute that provides for the
transfer of Industrial Training Programs and postsecondary Adult Short-term Training
Programs from the State Department of Education to the Workforce Education Program of the
State Board for Community and Junior Colleges.
SB 2915 – Effective 07/01/06. Due from Governor 04/24/06.
This bill amends various sections relating to higher education. Section 37-101-3 is amended to
provide that the President of the Student Body President’s Council of Mississippi (SBPCM)
shall have a reserved seat at meetings of the Board of Trustees of State Institutions of Higher
Learning and at least once each year, shall advise the board.
The bill amends Section 25-41-5 to authorize a quorum of the Board of Trustees of State
Institutions of Higher Learning and the State Board for Community and Junior Colleges to be
assembled at different locations for the purpose of conducting meetings through
teleconferencing or video means if the board members’ participation is made available to the
general public.
In Section 37-106-29, Wesley College is added to the list of colleges eligible to
participate in the Mississippi Resident Tuition Assistance Grant Program and the Mississippi
Eminent Scholars Program.
Lastly, the bill creates new Section 37-141-6 to authorize the Board of Trustees of State
Institutions of Higher Learning to charge state agencies and other entities that occupy the
Research and Development Center $1.50 per square foot for utilities, maintenance and security.
SB 3022 - Effective 07/01/06. Signed 04/05/06.
An appropriation to the State Board for Community and Junior Colleges for the purpose of
defraying the administrative expenses of the SBCJC for FY 2007. The total amount of S.B. 3022
is $81,090,040 for an increase of $9,760,243 or 13.68% over FY 2006. The funding breakdown
is as follows: General Fund $5,628,223; Federal $10,157,984 and Special $65,303,833. There
were no budget contingency funds appropriated to the SBCJC in FY 2007.
General Funds of $5,628,223 increased by $315,951 or 5.95%. The FY 2006 General Fund
appropriation was $5,312,272. The General Fund increased:
(1) by $12,240 for health insurance premium increases from $305.00 to $339.00 per
employee per month.
(2) by $32,671 for a 1.55% increase in the employer contribution rate to 11.3% for
retirement. There was a 1% increase in FY 2006 and a 0.55% increase in FY 2007.
The 1% in FY 2006 was not provided in the appropriation measure but instead
through the MCI WorldCom settlement funds. Therefore, both the 1% increase in FY
2006 and the 0.55% increase in FY 2007 were provided in this appropriation.
(3) by the amount that was in the budget contingency fund for FY 2006 - $178,926.
(4) by $12,533 to defray utilities costs to IHL at $1.50 per square foot (square footage =
8,355) (See section 15.)
(5) by $79,581 for a 5% pay increase. The funding was 75% of what was actually
needed to provide 5% raises in July; therefore, it was decided that 2.5% could be
given in July and the remaining 2.5% could be given in January, 2007. $53,812 was
appropriated for the 30 SBCJC employees and the remaining $25,769 was
appropriated for the 19 Industrial Coordinators at the colleges.
Federal fund authority of $10,157,984 decreased overall by $2,461,976. Federal funds
were $12,619,960 in FY 2006.
There were no funds appropriated from the BCF in FY 2007. BCF funds appropriated in
FY 2006 of $178,926 were offset by a similar addition to the General Fund appropriation in FY
2007.
Other special funds of $65,303,833 increased by $12,085,194 or 22.71%. This dramatic
increase is primarily attributed to a $5,000,000 authority increase in the spending authority for
workforce education from unemployment taxes. This increase was requested to allow for funds
to be carried over from the previous fiscal year. Other major increases included $4,650,000 for a
DOL Pathways to Progress Grant and $2,541,194 for a DOL H-1B grant for high growth
industries.
Section 4 of S.B. 3022 authorizes the SBCJC to have forty-one (41) permanent full-time
positions and one (1) time-limited full-time position.
Section 6 allows the SBCJC to carry over up to $1,000,000 in general fund workforce
funding.
Section 7 states that of the funds appropriated, $40,926,029 are appropriated for the
Workforce Education Program. Federal Adult Basic Education funding is included in this
amount.
Section 8 allows the SBCJC to receive up to $25,000,000 from the Mississippi
Workforce Enhancement Training Fund. New language was added that stated “It is the intention
of the Legislature that the Workforce Enhancement Training Fund shall have not less than
$2,000,000 set aside as a carry-forward to begin the FY 2008 Workforce Education Program.”
Section 9 gives spending authority of up to $612,605.00 for the Community College
Network, Workforce On-line Training Program and the Mississippi Virtual Community College.
Section 10 authorizes the SBCJC to charge fees for issuing GED diplomas and transcripts in the
amount of $100,000. Section 12 gives spending authority of up to $30,000,000 from the transfer
of post-secondary vocational and technical funds from the MDE.
Two new sections were added that suggests that preference shall be given to the
Mississippi Industries for the Blind whenever purchases are made without competitive bids and
intention language that Mississippi owned media companies should be utilized when feasible.
(See sections 13 and 14.)
SB 3023 - Effective 07/01/06. Signed 04/05/06
This bill contains the community and junior college support appropriation for FY 2007 in the
total amount of $192,059,734. Of that amount, $150,363,598 is funded from the General Fund;
$37,951,179 is funded from the one-cent Education Enhancement Fund; $607,942 is funded
from the discretionary one-cent Education Enhancement Fund and $3,131,015 from the
education enhancement fund for debt service. No funds were appropriated from the Budget
Contingency Fund in FY 2007. When compared to the FY 2006 appropriation of $157,777,580,
an increase of $34,282,154 or 21.73% results due mostly to salary increases of $9,726,692 and
operational increases of $18,729,107.
Salary increases in the amount of 5% were provided; however, the intent was that the
raises would be implemented 2-1/2% in July and the remaining 2-1/2% in January. This in effect
is 75% of 5% or 3.75%. Funding for the 5% increases equals $12,968,922; however, $9,726,692
was appropriated. Language was added in section 3 that stated that it is the intention that $6,000
per full-time equivalent shall be awarded to all nursing faculty.
Increased funding in the amount of $3,456,079 was appropriated for a 1.55% increase in
the employer contribution rate to 11.3% for retirement. There was a 1% increase in FY 2006 and
a 0.55% increase in FY 2007. The 1% in FY 2006 was not provided in the appropriation
measure but instead through the MCI WorldCom settlement funds. Therefore, both the 1%
increase in FY 2006 and the 0.55% increase in FY 2007 were provided in this appropriation.
Formula – FY 2007 is the fourth year of a 5-year phase-in to an FTE funding formula.
Section 4 of the bill sets the weights in both the headcount formula and the FTE formula.
The phase-in for FY 2007 is 1/5 headcount and 4/5 FTE. Up to $3,044,000 is provided to
be set aside as a mechanism to hold harmless those colleges that lose funding in the
phase-in implementation period. A virtual section was added in FY 2005 to the FTE
formula and continues in FY 2007.
Formula funds were increased by $31,911,877 or 25.7% from FY 2007 over FY
2006 due to pay raises, operational increases, and retirement increases
Rural Health Corps – Section 9 appropriates $1,200,000 in general funds for the
purpose of hiring nursing and allied health teachers, awarding interest free nursing and
allied health student loans, and providing instructional support for Rural Health Corps.
This same amount has been appropriated since FY 1997. Instructional support has been
defined as support in the form of supplies, equipment, contractual services, and other
expenditures that meet the Rural Health Corps mission.
Health and Life Insurance – Section 10 appropriates $20,860,000 from the
general fund for life and health insurance through the State and School Employees’ Life
and Health Insurance Plan for all community and junior college employees.
Health insurance premiums increased from $305 to $339 or 11.2% per employee
per month on July 1, 2006. The amount of the health insurance line item increased by
$2,365,900 -- from $18,494,100 in FY 2006.
Workforce Development Centers - The Legislature appropriated $4,500,000 for
the purpose of operating Workforce Development Centers at each public community and
junior college. Each institution will receive $300,000 to provide staff and other costs
incurred for the purposes of assessment, training, and placement services to individuals
and workplace training and upgrading of local industry. The name in the appropriation
bill was changed from One Stop Career Centers to Workforce Development Centers in
FY 2007.
Sign Language Interpreter Training – Section 12 of S.B. 3023 appropriates
$179,050 to the State Board for Community and Junior colleges for the purpose of
defraying the cost of the Sign Language Interpreter Training Program. These general
funds allow Hinds, Itawamba, and Mississippi Gulf Coast Community College to
continue to operate their Sign Language Interpreter Training programs.
Education Technology – Section 13 of S.B. 3023 appropriates $3,559,160 from
the general fund to the SBCJC for the purpose of defraying the cost of the education
technology program at the community and junior colleges. Education technology funds
may be used to pay for recurring technology costs which include voice, data and video
line costs, internet access, maintenance on computer software and hardware, technology
training needs for faculty and staff, and equipment upgrades.
provided two technology positions at $50,000 per position.
Each CJC district is
Backbone costs in the
amount of $88,847 will be paid from education technology funds. See the “Guidelines
for Disbursement of Education Technology Funds” and the allocation for those funds for
more detail.
Debt Service on Technology Bonds – Section 14 of S.B. 3023 appropriates
$3,137,015 from one-cent education enhancement funds for the purpose of servicing debt
on bonds issued for the Education Technology Program. The appropriation increased by
$4,377 over the FY 2006 appropriation.
Performance Measures – The support appropriations bill includes nine (9)
performance measures with targets to attain in FY 2007. A reporting of the degree to
which the performance targets have been or are being achieved shall be provided in the
agency’s budget request submitted to the JLBC for FY 2008.
Advanced Training Centers – Section 17 appropriates from the general fund to
the State Board for Community and Junior Colleges an amount of $2,250,000 or
$150,000 to each community and junior college for Advanced Training Centers.
Advanced Training Centers have been defined by the SBCJC as: “An advanced training
center is a physical facility, staffed by personnel and operated by the college, which
offers advanced training to the businesses and industry within a community or junior
college district. Advanced training is certain training that provides skills that are, in the
professional opinion of the local college, in the upper 50% of the skill range of those
employed in their district.
Deficit Appropriation – Section 20 appropriates from the general fund to the
SBCJC an amount of $13,000,000 for the purpose of defraying the expenses of damages
sustained during Hurricane Katrina for Jones County Junior College, Mississippi Gulf
Coast Community College and Pearl River Community college for the period beginning
upon passage and through June 30, 2006.
These colleges had requested a deficit
appropriation to assist them with tuition refund revenue losses, county tax support losses,
deductibles and FEMA match, and other miscellaneous expenses.
A condition of
receiving the funds were added that stated those colleges shall pay into the General Fund
any funds that are received from FEMA, or any other federal agency, as reimbursement
for any of the purposes described above.
Two new sections were added that suggests that preference shall be given to the
Mississippi Industries for the Blind whenever purchases are made without competitive bids and
intention language that Mississippi owned media companies should be utilized when feasible.
(See sections 18 and 19.)
A State Tax Commission rule promulgated approximately 50 years ago provided in part that
sales made by cafeterias and dining halls by schools and universities in this state are subject to
sales tax with the exception of “regular student meals.” There is no statutory provision that
allows “regular student meals” to be exempt from sales taxation; however, at the time the rule
was promulgated it was common for schools to have one fee covering both room and board.
Room charges are exempt by statute from sales taxation. Because it was difficult to identify the
charges for meals when room and board is included in one fee, the State Tax Commission agreed
to have the entire fee exempt from sales taxation.
Since the rule was promulgated, student meal plans offered by colleges and universities
have changed drastically and it is no longer common to charge for room and board in one fee.
Since there is no statutory exemption for student meal plans, the State Tax Commission was
prepared to rescind the rule.
This bill solves the problem by excluding from the definition of the term “business”
under the sales tax law, sales of prepaid student meal plans by public or private universities,
colleges and community and junior colleges.
Before the passage of the bill, the State Tax Commission was not collecting sales tax on
sales of prepared meals by public or private schools to students in kindergarten through Grade
12; however, there was no statutory provision that authorizes this. The bill solves this potential
problem by excluding form the definition of the term “business” under the sales tax law, sales of
prepared meals by any public or private school to students in kindergarten through Grade 12.
MISSISSIPPI LEGISLATURE
REGULAR SESSION 2006
By: Representatives Brown, Weathersby, Lott,
Montgomery
To:
Education
HOUSE BILL NO. 214
(As Sent to Governor)
1
2
3
4
5
6
7
8
9
10
AN ACT TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DESIGN
CURRICULUM CHOICES FOR STUDENTS WHO ARE INTERESTED IN DIRECT ENTRY
INTO THE WORKFORCE IMMEDIATELY FOLLOWING HIGH SCHOOL GRADUATION;
TO PROVIDE THAT NO LOCAL SCHOOL BOARD, SCHOOL SUPERINTENDENT OR
SCHOOL PRINCIPAL SHALL PROHIBIT A TEACHER FROM DISCUSSING AND
ANSWERING QUESTIONS ON THE ORIGIN OF LIFE; TO CREATE A COMMISSION
TO STUDY THE EFFECTIVENESS AND EFFICIENCY OF THE ADMINISTRATION OF
COLLEGE TUITION ASSISTANCE PROGRAMS ADMINISTERED BY THE
INSTITUTIONS OF HIGHER LEARNING AND EVALUATE MERIT BASED COLLEGE
TUITION ASSISTANCE PROGRAMS; AND FOR RELATED PURPOSES.
11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
12
SECTION 1.
The State Department of Education shall design
13
curriculum choices within the current requirements for a high
14
school diploma for students who are interested in direct entry
15
into the workforce immediately following high school graduation.
16
It is the intent of the Legislature that the curriculum for this
17
program be rigorous, meeting the requirements based on research
18
outlining the skills needed for entry into the workforce.
19
program shall comply with the federal No Child Left Behind Act.
20
The department shall design the program for entering ninth graders
21
beginning with the 2007-2008 school year.
22
report to the Legislature on January 1, 2007, on its plan for the
23
program.
24
will receive a standard diploma.
25
26
27
The
The department shall
Students who choose the curriculum under the program
SECTION 2.
Section 1 of this act shall be codified as a new
section in Chapter 3, Title 37, Mississippi Code of 1972.
SECTION 3.
No local school board, school superintendent or
28
school principal shall prohibit a public school classroom teacher
29
from discussing and answering questions from individual students
30
on the origin of life.
H. B. No. 214
06/HR03/R697SG
PAGE 1 (RF\LH)
*HR03/R697SG*
G1/2
31
SECTION 4.
(1)
There is created a commission to study the
32
effectiveness and efficiency of the administration of college
33
tuition assistance programs administered by the Institutions of
34
Higher Learning.
35
based college tuition assistance programs and establish procedures
36
and guidelines for implementing merit based programs.
In addition, the commission shall evaluate merit
37
The commission shall make a report of its findings and
38
recommendations to the House and Senate Education Committees and
39
to the House and Senate Universities and Colleges Committees by
40
October 1, 2006, including any recommended legislation.
41
submission of its report to the Legislature the commission shall
42
be dissolved.
43
(2)
44
Upon
The commission shall be composed of the following five
(5) members:
45
(a)
A representative of the State Department of
46
Education, to be appointed by the State Superintendent of Public
47
Education;
48
49
(b)
Learning, to be appointed by the commissioner;
50
51
A representative from the Institutions of Higher
(c)
A representative from the State Board for Community
and Junior Colleges, to be appointed by the executive director;
52
(d)
A representative from the Mississippi Association
53
of Independent Colleges appointed by the President of the
54
Mississippi Association of Independent Colleges; and
55
56
(e)
(3)
The State Treasurer, or his designee.
Appointments shall be made within thirty (30) days after
57
the effective date of this act.
58
first meeting before July 15, 2006.
59
(4)
The commission shall hold its
Members of the commission may not be compensated for the
60
performance of their duties.
61
conducting the study shall be paid by the State Department of
62
Education.
H. B. No. 214
06/HR03/R697SG
PAGE 2 (RF\LH)
Any incidental costs associated with
*HR03/R697SG*
63
(5)
To effectuate the purposes of this section, any
64
department, division, board, bureau, commission or agency of the
65
state or of any political subdivision thereof shall, at the
66
request of the chairperson of the task force, provide to the
67
commission such facilities, assistance and data as will enable the
68
commission to properly carry out its duties.
69
70
SECTION 5.
This act shall take effect and be in force from
and after its passage.
H. B. No. 214
06/HR03/R697SG
PAGE 3 (RF\LH)
*HR03/R697SG*
ST: Curriculum choices; SDE design for students
interested in direct entry into workforce.
By:
To:
Representative Stringer
HOUSE BILL NO.
Appropriations
392
1
2
3
4
5
6
7
AN ACT TO AMEND SECTION 1 OF CHAPTER 4, LAWS OF 2005, SECOND
EXTRAORDINARY SESSION, AND SECTION 5 OF CHAPTER 101, LAWS OF 2005,
SECOND EXTRAORDINARY SESSION, TO CLARIFY THAT FUNDS RECEIVED AS A
SETTLEMENT PAYMENT FROM MCI, INC., MAY BE USED BY THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AS A CREDIT AGAINST THE INCREASE IN
THE EMPLOYER CONTRIBUTION FOR UNIVERSITIES, COMMUNITY AND JUNIOR
COLLEGES AND PUBLIC SCHOOL DISTRICTS; AND FOR RELATED PURPOSES.
8
9
SECTION 1.
10
Section 1 of Chapter 4, Laws of 2005, Second
Extraordinary Session, is amended as follows:
11
Section 1.
(1)
The State Fiscal Officer shall transfer
12
general funds in the amounts listed below to the specified
13
agencies and accounts held in the State Treasury during the period
14
beginning upon the passage of this act:
15
AGENCY/FUND
FUND NO.
AMOUNT
16
Public Employees' Retirement System
3531
$ 50,000,000.00
17
Mississippi Development Authority
34CW
$ 35,000,000.00
18
Mississippi Department of Public Safety
3711
$
19
UMC - Cancer Institute
3283
$ 10,000,000.00
20
TOTAL
21
(2)
5,000,000.00
$100,000,000.00
It is the intent of the Legislature to transfer certain
22
funds paid into the State General Fund upon receipt thereof by
23
MCI, Inc., on behalf of itself and reorganized debtors as the
24
settlement payment and release under Chapter 11 Case No. 02-13533:
25
(a) to the Mississippi Public Employees' Retirement System
26
administration fund to be utilized by the system as a credit for
27
agencies or entities receiving general funds as follows:
28
state agencies, the credit will be against the one percent (1%)
29
increase attributable to general fund employer contributions only;
H. B. No. 392
06/HR03/R155.1
PAGE 1 (RF\LH)
*HR03/R155.1*
(i) for
G1/2
30
and (ii) for universities, community and junior colleges and
31
public school districts, the credit will be against the one
32
percent (1%) increase attributable to funds from all sources
33
except federal funds; (b) to the Mississippi Development Authority
34
during fiscal year 2005 in order to fulfill the state's
35
obligations relating to the Mississippi Beef Processors, LLC, up
36
to Thirty-five Million Dollars ($35,000,000.00), as necessary,
37
with any remaining balance to lapse into the State General Fund;
38
(c) to the Mississippi Department of Public Safety, Three Million
39
Dollars ($3,000,000.00) of which shall be used to fund a Highway
40
Patrol Cadet Class, and Two Million Dollars ($2,000,000.00) shall
41
be used to purchase equipment; and (d) to the University of
42
Mississippi Medical Center Cancer Institute in order to fund the
43
operation of the Institute during fiscal years 2006 and 2007.
44
45
46
SECTION 2.
Section 5 of Chapter 101, Laws of 2005, Second
Section 5.
Of the funds appropriated in Section 1, as
47
authorized in House Bill No. 1 of the 2005 Second Extraordinary
48
Session, the following sum, or so much thereof as may be
49
necessary, is hereby appropriated from Fund 3531 to be utilized by
50
the system as a credit for agencies or entities receiving general
51
funds as follows:
52
against the one percent (1%) increase attributable to general fund
53
employer contributions only; and (b) for universities, community
54
and junior colleges and public school districts, the credit will
55
be against the one percent (1%) increase attributable to funds
56
from all sources except federal funds for the fiscal year
57
beginning July 1, 2005, and ending June 30, 2006.................
58
............................................... $
59
60
SECTION 3.
(a) for state agencies, the credit will be
50,000,000.00.
H. B. No. 392
06/HR03/R155.1
PAGE 2 (RF\LH)
*HR03/R155.1*
ST: State funds; clarify that MCI settlement
funds may be used by colleges and schools for
PERS contribution increase.
By:
To:
Representative Warren
HOUSE BILL NO.
1
2
3
4
Ways and Means
745
AN ACT TO AMEND SECTION 57-73-25, MISSISSIPPI CODE OF 1972,
WHICH PROVIDES AN INCOME TAX CREDIT FOR CERTAIN EMPLOYERS
SPONSORING SKILLS TRAINING FOR EMPLOYEES, TO EXTEND THE DATE OF
REPEAL ON SUCH SECTION; AND FOR RELATED PURPOSES.
5
6
SECTION 1.
Section 57-73-25, Mississippi Code of 1972, is
7
amended as follows:
8
57-73-25.
9
(1)
A fifty percent (50%) income tax credit shall
be granted to any employer (as defined in subsection (4) of this
10
section) sponsoring skills training.
11
credit shall be granted to employers that participate in
12
employer-sponsored training programs through any community/junior
13
college in the district within which the employer is located or
14
training approved by such community/junior college.
15
applied to qualified training expenses, which are expenses related
16
to instructors, instructional materials and equipment, and the
17
construction and maintenance of facilities by such employer
18
designated for training purposes which is attributable to training
19
provided through such community/junior college or training
20
approved by such community/junior college.
21
under this section shall only be used by the actual employer
22
qualifying for the credits.
23
percent (50%) of the income tax liability in a tax year and may be
24
carried forward for the five (5) successive years if the amount
25
allowable as credit exceeds the income tax liability in a tax
26
year; however, thereafter, if the amount allowable as a credit
27
exceeds the tax liability, the amount of excess shall not be
28
refundable or carried forward to any other taxable year.
H. B. No. 745
06/HR07/R982
PAGE 1 (DJ\HS)
The fifty percent (50%)
The credit is
The credits allowed
The credit shall not exceed fifty
*HR07/R982*
The
G3/5
29
credit authorized under this section shall not exceed Two Thousand
30
Five Hundred Dollars ($2,500.00) per employee during any one (1)
31
year.
32
as to prevent the continuing operation of state-supported
33
university programs.
34
Nothing in this section shall be interpreted in any manner
(2)
Employer-sponsored training shall include an evaluation
35
by the local community or junior college that serves the employer
36
to ensure that the training provided is job related and conforms
37
to the definition of "skills training" as hereinafter defined.
38
(3)
Employers shall be certified as eligible for the tax
39
credit by the local community or junior college that serves the
40
employer and the State Tax Commission.
41
(4)
42
For the purposes of this section:
(a)
"Skills training" means any employer-sponsored
43
training by an appropriate community/junior college or training
44
approved by such community/junior college that enhances skills
45
that improve job performance.
46
pre-employment training, the portion of the pre-employment
47
training that involves skills training shall be eligible for the
48
credit.
49
(b)
If the employer provides
"Employer-sponsored training" means training
50
provided by the appropriate community/junior college in the
51
district within which the employer is located or training approved
52
by such community/junior college.
53
54
55
(c)
"Employer" means those permanent business
enterprises as defined and set out in Section 57-73-21.
(5)
The tax credits provided for in this section shall be in
56
addition to all other tax credits heretofore granted by the laws
57
of the state.
58
(6)
A community/junior college may commit to provide
59
employer-sponsored skills training programs for an employer for a
60
multiple number of years, not to exceed five (5) years.
H. B. No. 745
06/HR07/R982
PAGE 2 (DJ\HS)
*HR07/R982*
61
(7)
The State Board for Community and Junior Colleges shall
62
make a report to the Legislature by January 30 of each year
63
summarizing the number of participants, the junior or community
64
college through which the training was offered and the type
65
training offered.
66
67
68
69
(8)
This section shall stand repealed from and after July 1,
2008.
SECTION 2.
and after July 1, 2006.
H. B. No. 745
06/HR07/R982
PAGE 3 (DJ\HS)
*HR07/R982*
ST: Income tax; extend repealer on tax credit
for certain employers sponsoring skills training
for employees.
By:
To: Universities and
Colleges
Representative Young
HOUSE BILL NO.
1
2
3
4
5
6
890
TO CLARIFY THAT IN ORDER TO QUALIFY FOR IN-STATE TUITION, CERTAIN
MINOR STUDENTS WHO ATTENDED AND GRADUATED FROM SECONDARY SCHOOLS
IN MISSISSIPPI MUST RESIDE WITHIN THE STATE OF MISSISSIPPI UPON
REGISTERING AT A STATE COLLEGE OR UNIVERSITY; AND FOR RELATED
PURPOSES.
7
8
SECTION 1.
9
10
amended as follows:
37-103-7.
For purposes of determining whether a person pays
11
out-of-state or in-state tuition for attendance at universities
12
and community and junior colleges, the residence of a person less
13
than twenty-one (21) years of age is that of the father, the
14
mother or a general guardian duly appointed by a proper court in
15
Mississippi.
16
(1) parent, the residence of the minor is that of the parent who
17
was granted custody by the court.
18
residence of the minor is that of the last surviving parent at the
19
time of that parent's death, unless the minor lives with a general
20
guardian duly appointed by a proper court of Mississippi, in which
21
case his residence becomes that of the guardian.
22
residing within the State of Mississippi who, upon registration at
23
a Mississippi institution of higher learning or community college,
24
presents a transcript demonstrating graduation from a Mississippi
25
secondary school and who has been a secondary school student in
26
Mississippi for not less than the final four (4) years of
27
secondary school attendance shall not be required to pay
28
out-of-state tuition.
H. B. No. 890
06/HR03/R1412
PAGE 1 (RKM\LH)
If a court has granted custody of the minor to one
If both parents are dead, the
A student
This section shall not apply to the
*HR03/R1412*
G1/2
29
residence of a person as it relates to residency for voter
30
registration or voting.
31
32
SECTION 2.
H. B. No. 890
06/HR03/R1412
PAGE 2 (RKM\LH)
*HR03/R1412*
ST: College tuition; clarify residency
requirement for certain minors to receive instate rates.
By: Representatives Weathersby, Davis,
Fillingane, Frierson, Hamilton (109th),
Hudson, Lott, Read, Shows, Smith (59th),
Staples, Stringer, Vince, Walley, Warren,
Watson
Colleges; Appropriations
HOUSE BILL NO. 992
1
2
3
4
TO AUTHORIZE THE BOARD OF TRUSTEES TO AUTHORIZE UNIVERSITIES TO
LEASE LAND AT THE UNIVERSITY FOR THE CONSTRUCTION OF FACILITIES BY
PRIVATE FINANCING; AND FOR RELATED PURPOSES.
5
6
SECTION 1.
7
8
9
amended as follows:
37-101-41.
(a)
Except as otherwise provided in paragraph
(b) of this section, the Board of Trustees of State Institutions
10
of Higher Learning is hereby authorized and empowered to lease to
11
private individuals or corporations * * * any land at any of the
12
following state-supported institutions:
13
University of Agriculture and Applied Science, Jackson State
14
University, Mississippi Valley State University, University of
15
Mississippi, Alcorn State University, University of Southern
16
Mississippi, Mississippi University for Women and Delta State
17
University, for the purpose of erecting auxiliary facilities
18
thereon for active faculty and students.
19
facilities shall be constructed thereon by private financing, and
20
shall be leased back to the board for use by the concerned
21
state-supported institution of higher learning.
22
contain a provision permitting the board to purchase the building
23
located thereon for the sum of One Dollar ($1.00) after payment by
24
the board of all sums of money due under said lease.
25
(b)
Mississippi State
The auxiliary
The lease shall
The Board of Trustees of State Institutions of
26
Higher Learning may grant authority to universities to lease to
27
private individuals or corporations any land at the university,
28
for the purpose of erecting auxiliary facilities thereon for
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PAGE 1 (DJ\BD)
*HR40/R1100SG*
G3/5
29
active faculty and students.
30
constructed thereon by private financing, and shall be leased back
31
to the board for use by the university.
32
provision permitting the board to purchase the auxiliary
33
facilities located thereon for the sum of One Dollar ($1.00) after
34
payment by the board of all sums of money due under said lease.
35
36
SECTION 2.
The auxiliary facilities shall be
The lease shall contain a
H. B. No. 992
06/HR40/R1100SG
PAGE 2 (DJ\BD)
*HR40/R1100SG*
ST: Universities and colleges; authorize to
lease land for constructing facilities by
private financing.
By: Representatives Dedeaux, Bailey, Clarke,
Hudson, Moss, Robinson (63rd), Rogers (61st)
To: Public Property; Ways
and Means
HOUSE BILL NO. 1015
1
2
3
4
5
6
7
8
9
10
11
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14
15
16
17
18
19
20
21
22
23
24
25
26
27
TO INCREASE TO $2,000,000.00 OR MORE THE COST OF CAPITAL
IMPROVEMENT PROJECTS THAT ARE REQUIRED TO BE FUNDED IN TWO PHASES
AND TO DEFINE THE TERMS "EMERGENCY" AND "CRITICAL NEED" FOR THE
PURPOSES OF EXEMPTION FROM THE REQUIREMENT OF FUNDING CAPITAL
IMPROVEMENTS PROJECTS INVOLVING STATE BUILDINGS IN TWO PHASES; TO
REQUIRE THAT CONSTRUCTION PROJECTS FUNDED WITH STATE BOND FUNDS OR
OTHER STATE FUNDS AUTHORIZED FOR COMMUNITY AND JUNIOR COLLEGES BE
ADMINISTERED THROUGH THE TWO-PHASE PLANNING PROCESS; TO AMEND
SECTION 31-11-3, MISSISSIPPI CODE OF 1972, AS AMENDED BY HOUSE
BILL NO. 784, 2006 REGULAR SESSION, TO AUTHORIZE THE DEPARTMENT OF
FINANCE AND ADMINISTRATION TO ALLOW STATE INSTITUTIONS OF HIGHER
LEARNING, COMMUNITY AND JUNIOR COLLEGES, AND OTHER STATE AGENCIES
TO MANAGE CONSTRUCTION PROJECTS WITH A VALUE OF $250,000.00 OR
LESS PROVIDED THAT EACH AGENCY MEETS DEPARTMENTALLY DEVELOPED
CRITERIA AND MANAGEMENT REQUIREMENTS; TO REMOVE AUTHORITY OF THE
DEPARTMENT OF FINANCE AND ADMINISTRATION TO USE DESIGN-BUILD
METHOD OF CONTRACTING FOR CERTAIN CONSTRUCTION PROJECTS; TO
REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ADOPT
BUILDING CODE STANDARDS FOR NEW CONSTRUCTION OF PUBLIC FACILITIES;
TO CREATE A NEW SECTION TO PROHIBIT CONSTRUCTION PROGRAM MANAGERS
AND/OR CONSTRUCTION MANAGERS AND BUILDING COMMISSIONING AGENTS AND
THEIR SUBSIDIARIES OR PARENTS FROM BIDDING ON ANY PUBLIC
CONSTRUCTION PROJECT FOR WHICH THEY ARE PROVIDING CONSTRUCTION
PROGRAM MANAGEMENT SERVICES AND/OR CONSTRUCTION MANAGEMENT
SERVICES OR BUILDING COMMISSIONING SERVICES; AND FOR RELATED
PURPOSES.
28
29
SECTION 1.
30
amended as follows:
31
31-11-30.
(1)
Every capital improvements project for new
32
facilities, costing Two Million Dollars ($2,000,000.00) or
33
more, * * * shall be funded by the Legislature in two (2) phases.
34
The two-phase funding requirement shall not apply to capital
35
improvements projects for a state-owned port or where the
36
Legislature finds that an emergency or critical need must be met
37
or a court order complied with.
38
funded in the same regular session of the Legislature.
39
shall be funded in a separate session of the Legislature.
H. B. No. 1015
06/HR40/R1249SG
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*HR40/R1249SG*
The two (2) phases shall not be
Each phase
Phase 1
G1/2
40
shall be a preplanned capital improvements project budget
41
projection for the project and shall be funded first.
42
shall be the actual * * * construction * * * of the state-owned
43
public building and the acquisition of furniture and equipment for
44
the capital improvements project and shall be funded second.
45
(2)
46
Phase 2
(a)
"Preplanned" or "preplanning" means the preliminary
47
planning that establishes the program, scope, design and budget
48
for a capital improvements project.
49
50
(b)
"Emergency" has the meaning as defined in Section
(c)
"Critical need" means necessary to meet
31-7-1.
51
52
accreditation standards or necessary to respond to failures in
53
planning.
54
(3)
Every state agency that plans to * * * construct * * * a
55
state-owned public building shall submit a preplanned capital
56
improvements project budget projection to the Bureau of Building,
57
Grounds and Real Property Management for evaluation.
58
shall assess the need for all preplanned projects submitted and
59
shall compile a report on its findings.
60
project for new facilities costing less than Two Million Dollars
61
($2,000,000.00) shall not be required to be preplanned.
62
(4)
The bureau
Any capital improvements
Upon the completion of any preplanning for a capital
63
improvements project, if such preplanning is funded with
64
self-generated funds by a state agency, the plan shall be
65
submitted to the bureau for evaluation.
66
(5)
This section shall not apply to capital improvements
67
projects authorized by the Legislature before the 2001 Regular
68
Session of the Legislature.
69
(6)
The provisions of this section also shall apply to any
70
community or junior college project funded in whole or in part by
71
either state bonds or funds appropriated for that construction by
72
the Legislature.
H. B. No. 1015
06/HR40/R1249SG
PAGE 2 (DJ\BD)
*HR40/R1249SG*
73
SECTION 2.
Section 31-11-3, Mississippi Code of 1972, as
74
amended by House Bill No. 784, 2006 Regular Session, is amended as
75
follows:
76
31-11-3.
(1)
The Department of Finance and Administration,
77
for the purposes of carrying out the provisions of this chapter,
78
in addition to all other rights and powers granted by law, shall
79
have full power and authority to employ and compensate architects
80
or other employees necessary for the purpose of making
81
inspections, preparing plans and specifications, supervising the
82
erection of any buildings, and making any repairs or additions as
83
may be determined by the Department of Finance and Administration
84
to be necessary, pursuant to the rules and regulations of the
85
State Personnel Board.
86
and supervision of, and determine what, if any, buildings,
87
additions, repairs or improvements are to be made under the
88
provisions of this chapter, subject to the approval of the Public
89
Procurement Review Board.
90
(2)
The department shall have entire control
The department shall have full power to erect buildings,
91
make repairs, additions or improvements, and buy materials,
92
supplies and equipment for any of the institutions or departments
93
of the state subject to the approval of the Public Procurement
94
Review Board.
95
department shall have full power and authority as directed by the
96
Legislature, or when funds have been appropriated for its use for
97
these purposes, to:
In addition to other powers conferred, the
98
(a)
Build a state office building;
99
(b)
Build suitable plants or buildings for the use and
100
housing of any state schools or institutions, including the
101
building of plants or buildings for new state schools or
102
institutions, as provided for by the Legislature;
103
104
(c)
Provide state aid for the construction of school
buildings;
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PAGE 3 (DJ\BD)
*HR40/R1249SG*
105
(d)
Promote and develop the training of returned
106
veterans of the United States in all sorts of educational and
107
vocational learning to be supplied by the proper educational
108
institution of the State of Mississippi, and in so doing allocate
109
monies appropriated to it for these purposes to the Governor for
110
use by him in setting up, maintaining and operating an office and
111
employing a state director of on-the-job training for veterans and
112
the personnel necessary in carrying out Public Law No. 346 of the
113
United States;
114
115
(e)
building at the Mississippi State Penitentiary;
116
117
Build and equip a hospital and administration
(f)
Build and equip additional buildings and wards at
the Boswell Retardation Center;
118
(g)
Construct a sewage disposal and treatment plant at
119
the Mississippi State * * * Hospital at Whitfield and in so doing
120
acquire additional land as may be necessary, and to exercise the
121
right of eminent domain in the acquisition of this land;
122
(h)
Build and equip the Mississippi central market and
123
purchase or acquire by eminent domain, if necessary, any lands
124
needed for this purpose;
125
(i)
126
and employing center for the blind;
127
128
129
Build and equip suitable facilities for a training
(j)
Build and equip a gymnasium at Columbia Training
(k)
Approve or disapprove the expenditure of any money
School;
130
appropriated by the Legislature when authorized by the bill making
131
the appropriation;
132
133
134
(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
135
Legislature, cause said lands to be properly surveyed and platted,
136
execute all deeds or other legal instruments, and do any and all
137
other things required to effectively carry out the purpose and
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PAGE 4 (DJ\BD)
*HR40/R1249SG*
138
intent of the Legislature.
139
lands under the provisions of this paragraph shall be done in a
140
manner consistent with the provisions of Section 29-1-1;
141
(n)
Any transaction which involves state
Collect and receive from educational institutions
142
of the State of Mississippi monies required to be paid by these
143
institutions to the state in carrying out any veterans'
144
educational programs;
145
(o)
Purchase lands for building sites, or as additions
146
to building sites, for the erection of buildings and other
147
facilities which the department is authorized to erect, and
148
demolish and dispose of old buildings, when necessary for the
149
proper construction of new buildings.
150
involves state lands under the provisions of this paragraph shall
151
be done in a manner consistent with the provisions of Section
152
29-1-1;
153
(p)
Any transaction which
Obtain business property insurance with a
154
deductible of not less than One Hundred Thousand Dollars
155
($100,000.00) on state-owned buildings under the management and
156
control of the department; and
157
(q)
In consultation with and approval by the Chairmen
158
of the Public Property Committees of the Senate and the House of
159
Representatives, enter into contracts for the purpose of providing
160
parking spaces for state employees who work in the Woolfolk
161
Building, the Carroll Gartin Justice Building or the Walter
162
Sillers Office Building.
163
shall stand repealed on July 1, 2010.
164
(3)
The provisions of this paragraph (q)
The department shall survey state-owned and
165
state-utilized buildings to establish an estimate of the costs of
166
architectural alterations, pursuant to the Americans With
167
Disabilities Act of 1990, 42 USCS, Section 12111 et seq.
168
department shall establish priorities for making the identified
169
architectural alterations and shall make known to the Legislative
170
Budget Office and to the Legislature the required cost to
H. B. No. 1015
06/HR40/R1249SG
PAGE 5 (DJ\BD)
*HR40/R1249SG*
The
171
effectuate such alterations.
172
section, the department shall use standards of accessibility that
173
are at least as stringent as any applicable federal requirements
174
and may consider:
175
(a)
To meet the requirements of this
Federal minimum guidelines and requirements issued
176
by the United States Architectural and Transportation Barriers
177
Compliance Board and standards issued by other federal agencies;
178
(b)
The criteria contained in the American Standard
179
Specifications for Making Buildings Accessible and Usable by the
180
Physically Handicapped and any amendments thereto as approved by
181
the American Standards Association, Incorporated (ANSI Standards);
182
(c)
Design manuals;
183
(d)
Applicable federal guidelines;
184
(e)
Current literature in the field;
185
(f)
Applicable safety standards; and
186
(g)
Any applicable environmental impact statements.
187
(4)
The department shall observe the provisions of Section
188
31-5-23, in letting contracts and shall use Mississippi products,
189
including paint, varnish and lacquer which contain as vehicles
190
tung oil and either ester gum or modified resin (with rosin as the
191
principal base of constituents), and turpentine shall be used as a
192
solvent or thinner, where these products are available at a cost
193
not to exceed the cost of products grown, produced, prepared, made
194
or manufactured outside of the State of Mississippi.
195
(5)
The department shall have authority to accept grants,
196
loans or donations from the United States government or from any
197
other sources for the purpose of matching funds in carrying out
198
the provisions of this chapter.
199
(6)
The department shall build a wheelchair ramp at the War
200
Memorial Building which complies with all applicable federal laws,
201
regulations and specifications regarding wheelchair ramps.
202
203
(7)
The department shall review and preapprove all
architectural or engineering service contracts entered into by any
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06/HR40/R1249SG
PAGE 6 (DJ\BD)
*HR40/R1249SG*
204
state agency, institution, commission, board or authority
205
regardless of the source of funding used to defray the costs of
206
the construction or renovation project for which services are to
207
be obtained.
208
apply to any architectural or engineering contract paid for by
209
self-generated funds of any of the state institutions of higher
210
learning, nor shall they apply to community college projects that
211
are funded from local funds or other nonstate sources which are
212
outside the Department of Finance and Administration's
213
appropriations or as directed by the Legislature.
214
of this subsection (7) shall not apply to any construction or
215
design projects of the State Military Department that are funded
216
from federal funds or other nonstate sources.
217
(8)
The provisions of this subsection (7) shall not
The provisions
The department shall have the authority to obtain
218
annually from the state institutions of higher learning
219
information on all building, construction and renovation projects
220
including duties, responsibilities and costs of any architect or
221
engineer hired by any such institutions.
222
(9) * * *
When funding is provided through the Bureau of
223
Building, Grounds and Real Property Management, the department may
224
authorize the state institutions of higher learning, community and
225
junior colleges, and other state agencies to manage any
226
construction or renovation project with a value not exceeding Two
227
Hundred Fifty Thousand Dollars ($250,000.00).
228
shall develop criteria for management of such projects that each
229
agency must follow in order to manage the projects.
230
that the department deems capable of managing by the criteria may
231
manage these projects.
232
agencies managing these projects to do the following:
233
234
235
236
(a)
The department
Only agencies
Additionally, the department shall require
Use standard departmentally approved contracts and
project management procedures; and
(b)
Conduct projects on a reimbursable basis and
require documentation that the department deems appropriate for
H. B. No. 1015
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PAGE 7 (DJ\BD)
*HR40/R1249SG*
237
payment of claims.
238
completion and approval of project documentation submittals.
239
Reimbursement shall be on a one-time basis at
The department shall revoke the authority of any agency to
240
perform these project management functions if, in its opinion, an
241
agency has not followed the department's requirements for managing
242
projects.
243
shall not apply to projects funded directly to the institutions of
244
higher learning, community and junior colleges, or other state
245
agencies through separate appropriation or other means.
246
(10)
The authority granted to the department in this section
The department shall adopt building code standards for
247
the new construction of public facilities in a manner consistent
248
with the provisions of Section 31-11-33.
249
250
251
252
SECTION 3.
(a)
(1)
"Building commissioning agent" means a person or
entity who renders building commissioning services.
(b)
"Building commissioning services" include any
253
services rendered by an independent contractor to the state or a
254
local governing authority associated with the construction of
255
buildings that are intended to assist in the state or local
256
governing authority in reducing construction costs or enhancing
257
the long-term value of the construction project.
258
(c)
"Construction program management services and/or
259
construction management services" means a set of management and
260
technical services rendered by a person or firm to a public sector
261
building owner during the predesign, design, construction or
262
post-construction phases of new construction, demolition,
263
alteration, repair or renovation projects.
264
include any one or more of the following:
265
budgeting, scheduling, coordination, design management,
266
construction administration or facility occupancy actions, but
267
shall not include any component of the actual construction work.
268
The term shall not include general contractors who are engaged to
269
actually perform the construction work.
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06/HR40/R1249SG
PAGE 8 (DJ\BD)
*HR40/R1249SG*
These services shall
project planning,
The term also shall not
270
include services customarily performed by licensed architects or
271
registered engineers.
272
(d)
"Construction program manager and/or construction
273
manager" means a person or entity who performs construction
274
program management services and/or construction management
275
services.
276
(e)
"Public construction project" means any project for
277
the construction of buildings for the state or for any local
278
governing authority of the state.
279
(2)
No construction program manager and/or construction
280
manager, or any subsidiary owned in whole or in part by the
281
construction program manager and/or construction manager, or any
282
parent corporation or firm of the construction program manager
283
and/or construction manager, shall be eligible to bid or otherwise
284
participate in the construction, contracting or subcontracting on
285
any public construction project or part thereof for which the
286
construction program manager and/or construction manager has been
287
hired to perform construction program management services and/or
288
construction management services.
289
program management services and/or construction management
290
services shall not exceed three percent (3%) of the cost of the
291
public construction project or part thereof for which the
292
construction program manager and/or construction manager has been
293
hired.
294
provision shall be void against the public policy of the state.
295
(3)
Compensation for construction
Any contract for public construction that violates this
No building commissioning agent, or any subsidiary owned
296
in whole or in part by the building commissioning agent, or any
297
parent corporation or firm of the building commissioning agent,
298
shall be eligible to bid or otherwise participate in the
299
construction, contracting or subcontracting on any public
300
construction project or part thereof for which the building
301
commissioning agent has been hired to perform construction
302
building commissioning services.
H. B. No. 1015
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PAGE 9 (DJ\BD)
*HR40/R1249SG*
Any contract for public
303
construction that violates this provision shall be void against
304
the public policy of the state.
305
306
SECTION 4.
H. B. No. 1015
06/HR40/R1249SG
PAGE 10 (DJ\BD)
*HR40/R1249SG*
ST: Public construction projects; revise
various provisions relating to.
By: Representatives Mayo, Hines, Masterson,
Bailey, Burnett, Clark, Coleman (29th), Espy,
Flaggs, Huddleston, Johnson, McBride, Morris,
Perkins, Reynolds, Stevens, Straughter,
Thomas, Whittington, Howell
Colleges; Ways and Means
HOUSE BILL NO. 1034
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ACT TO ENACT THE MISSISSIPPI DELTA REGION REVITALIZATION
ACT OF 2006; TO MAKE LEGISLATIVE FINDINGS; TO CREATE THE SPECIAL
TASK FORCE FOR REVITALIZATION OF THE MISSISSIPPI DELTA REGION; TO
PROVIDE FOR THE COMPOSITION OF THE TASK FORCE; TO PROVIDE THAT THE
UNIVERSITY RESEARCH CENTER BUREAU OF COMPREHENSIVE LONG-RANGE
ECONOMIC DEVELOPMENT PLANNING SHALL SERVE THE TASK FORCE; TO SET
FORTH DUTIES AND RESPONSIBILITIES OF THE BUREAU, AND TO REQUIRE
THE MISSISSIPPI DEVELOPMENT AUTHORITY TO PROVIDE STAFF AND OTHER
SUPPORT TO THE BUREAU; TO PROVIDE THAT THE TASK FORCE SHALL
FUNCTION AS AN INDEPENDENT RESEARCH AND ANALYTICAL GROUP CHARGED
WITH SETTING SHORT-RANGE AND LONG-RANGE GOALS FOR THE
REVITALIZATION OF THE MISSISSIPPI DELTA REGION; TO REQUIRE THE
HOLDING OF PUBLIC HEARINGS IN THE REGION AND THE PREPARATION OF A
LONG-RANGE ACTION PLAN FOR THE REVITALIZATION OF THE REGION AND
SPECIFY THE PARTS OF THE PLAN; AND FOR RELATED PURPOSES.
16
17
SECTION 1.
18
19
This act may be cited as the "Mississippi Delta
Region Revitalization Act of 2006."
SECTION 2.
(1)
For purposes of this act, the Mississippi
20
Delta Region, which may be hereinafter referred to as the region,
21
shall be defined as the western section of the State of
22
Mississippi that lies between the Mississippi and Yazoo Rivers,
23
encompassing in part or whole the counties of Bolivar, Carroll,
24
Coahoma, Holmes, Humphreys, Issaquena, Leflore, Panola, Quitman,
25
Sharkey, Sunflower, Tallahatchie, Tunica, Warren, Washington,
26
Yazoo, Jefferson and Claiborne.
27
(2)
The Legislature finds that the prospective well-being of
28
the people of the Mississippi Delta Region of the state requires
29
that the economic and other development of the region should be
30
strategically, comprehensively and exhaustively planned and that
31
the plan be systematically implemented.
32
finds that the state should foster open communication between
33
government and the private sectors of our economy in the
H. B. No. 1034
06/HR03/R1171SG
PAGE 1 (CJR\LH)
*HR03/R1171SG*
The Legislature further
G1/2
34
Mississippi Delta Region and that the state should provide a
35
policy, a vision and a framework to encourage an environment
36
conducive to the revitalization of our state's Delta Region.
37
(3)
The Legislature hereby declares that the public policy
38
of this state requires an overall, comprehensive and coordinated
39
plan for maximum and accelerated revitalization of the Mississippi
40
Delta Region.
41
SECTION 3.
(1)
The Special Task Force for Revitalization of
42
the Mississippi Delta Region is hereby created.
43
shall be composed of twenty-seven (27) members, to be appointed as
44
follows:
45
(a)
The task force
Four (4) members of the Mississippi House of
46
Representatives who reside in the Mississippi Delta Region, and
47
one (1) citizen member at large who is a resident of the Delta
48
Region, appointed by the Speaker of the House.
49
(b)
Four (4) members of the Mississippi State Senate
50
who reside in the Mississippi Delta Region, and one (1) citizen
51
member at large who is a resident of the Delta Region, appointed
52
by the Lieutenant Governor.
53
(c)
Two (2) members from the state's public
54
universities or from the state's community and junior colleges
55
with a broad knowledge of research planning and community and
56
economic development, appointed by the Speaker of the House.
57
(d)
Two (2) members from the state's public
58
universities or from the state's community and junior colleges
59
with a broad knowledge of research planning and community and
60
economic development, appointed by the Lieutenant Governor.
61
(e)
One (1) member from each of the following five (5)
62
planning and development districts in the region:
63
Planning and Development District, North Delta Planning and
64
Development District, South Planning and Development District,
65
Southwest Planning and Development District and Central Planning
66
and Development District.
H. B. No. 1034
06/HR03/R1171SG
PAGE 2 (CJR\LH)
North Central
Each member from this paragraph (e) may
*HR03/R1171SG*
67
or may not be municipal or county officials who are appointed by
68
the respective board of directors, but must reside in the
69
Mississippi Delta Region.
70
(f)
One (1) member from the membership or staffs of the
71
Mississippi Association of Supervisors and the Mississippi
72
Municipal Association.
73
task force by the Governor from recommendations made to the board
74
by the respective organizations.
75
76
(g)
These members will be appointed to the
The Executive Director of the Mississippi
Development Authority, or his designee.
77
(h)
Five (5) members to be selected by the Governor,
78
three (3) of whom shall be representatives of business or
79
entrepreneurial enterprises in the Mississippi Delta Region.
80
(2)
It is the intent of the Legislature that the task force
81
will be organized, selected and constituted in such a way that it
82
represents the most talented individuals who could possibly be
83
assembled to address the concerns and issues associated with the
84
revitalization of the Mississippi Delta Region.
85
members shall be appointed by May 1, 2006, and the task force
86
shall have its organizational meeting no later than May 15, 2006.
87
The task force shall elect from among its membership a chairman
88
and vice chairman.
89
coincide with the duration of the task force.
90
(3)
Task force
Terms of service of task force members shall
All persons selected for service on the task force shall
91
be creative, knowledgeable and accomplished people with the
92
capacity to contribute to the mission of the task force.
93
Vacancies on the task force shall be filled in a manner consistent
94
with original appointments.
95
SECTION 4.
(1)
The University Research Center Bureau of
96
Comprehensive Long-Range Economic Development Planning shall serve
97
the Special Task Force for Revitalization of the Mississippi Delta
98
Region.
The bureau shall:
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(a)
Provide staff support, including an employee to
100
serve as the task force coordinator, to the task force and shall
101
organize and coordinate the work of the task force.
102
103
(b)
Make available office space for the task force to
include conference room facilities.
104
(c)
Be responsible for preparing and maintaining a
105
long-range plan for the revitalization and economic and other
106
development of the state's Delta Region.
107
sufficiently broad in scope so as to address all regional, state,
108
national and international economic, demographic, education, work
109
force training, community, housing, public health, crime, natural
110
resource and infrastructure factors relating to the overall
111
status, revitalization and development of the Mississippi Delta
112
Region.
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115
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(d)
The plan shall be
Work in coordination with the Mississippi
Development Authority in all aspects of serving the task force.
(2)
The Mississippi Development Authority shall provide any
staff support to the bureau that it or the task force may request.
SECTION 5.
The mission and role of the special task force
118
shall be to function as an independent research and analytical
119
group charged with setting measurable, achievable and significant
120
goals to revitalize the Mississippi Delta Region.
121
shall conduct public hearings in the region and make
122
recommendations regarding such goals and present findings and
123
detailed recommendations which will enable the region to achieve
124
the stated goals.
125
specific to the extent that actions needed are explicitly set out
126
and supported with in-depth analyses as to the contributions such
127
actions would have on the revitalization of the region.
128
recommendations shall be accompanied by specific requests with
129
respect to allocation of resources, including any additional
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funding necessary to fund the revitalization activities.
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The task force
Recommendations of the task force shall be
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All
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SECTION 6.
With research and recommendations prepared by the
132
task force, the bureau shall prepare a long-range action plan for
133
the revitalization of the region, which shall consist of five (5)
134
parts as provided in this act.
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SECTION 7.
Part I of the plan will identify specific,
136
quantifiable goals to be accomplished in the next succeeding
137
five-, ten- and twenty-year periods.
138
required for Part I of the plan, at least three (3) public
139
hearings shall be held in each of the northern, central and
140
southern portions of the region, in order to receive public input
141
on the goal setting process and deliberations pertaining to that
142
process.
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Before proposing the goals
The goals proposed by the bureau shall be reasonable,
144
challenging, achievable and shall be expressed in measures of
145
achievement that would represent comparative and significant
146
economic progress and revitalization for the region.
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SECTION 8.
Part II of the economic development plan shall
include:
(a)
An inventory and analysis of the region's
150
competitive advantages and an inventory and analysis of factors
151
which tend to retard economic and other development in the region;
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(b)
Identification and analysis of state, national and
international economic trends affecting the region's development;
(c)
An analysis and evaluation of the state's taxing
155
effort as it affects the region's economic development and other
156
efforts and an analysis of how economic development goals and
157
objectives in the region relate to projected short- and long-term
158
state and local revenues dedicated to the region and to the
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possible and potential impact on the region's revenue structure;
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(d)
An identification and analysis of key factors
affecting economic development in the region;
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(e)
An identification and analysis of factors affecting
163
industrial location and decisions affecting expansion of existing
164
business and industry within the region;
165
(f)
An analysis of the region's incentive programs and
166
economic development strategies and a comparison with other
167
regions of the state;
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(g)
An analysis of the region's work force and of the
169
economic and educational conditions that the work force will face
170
in future years;
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(h)
An analysis of and assessment of the minority
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business and commercial activity, capability, potential and needs
173
in the region;
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(i)
An analysis of and assessment of income in the
175
region by various income groups to provide the analytical base for
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developing programs and recommendations to address low income high
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unemployment problems in the region;
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(j)
An analysis and assessment of programs in other
179
states and in the federal government which seek to foster,
180
encourage and assist minority involvement in and contributions
181
toward economic development.
182
include, but not be limited to, set aside procurement programs.
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SECTION 9.
(1)
The programs to be assessed shall
Part III of the economic development plan
184
shall provide a procedure for monitoring the implementation of
185
efforts proposed by the task force and the plan.
186
this procedure, the bureau will survey, identify and analyze every
187
government program and private resource and activity that is
188
available to, that is being applied toward or that contributes to
189
the accomplishment of the goals set in the long-range plan.
190
resources and programs of local, state and federal government and
191
private business shall be identified and analyzed to determine the
192
specific areas in which they contribute to achievement of the
193
overall goals.
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In formulating
The
194
(2)
Each agency and institution of state government involved
195
in economic, demographic, education, work force training,
196
community, housing, public health, crime, natural resources and
197
infrastructure aspects relating to the overall revitalization and
198
development of the Mississippi Delta Region is directed to prepare
199
and submit to the bureau and the Mississippi Development
200
Authority, work programs covering its activities in the relevant
201
aspects.
202
to follow in preparing their work programs.
203
shall cover in general the next five (5) years of the plan and, in
204
significant detail, the upcoming fiscal year.
205
be submitted by October 1, 2006, for fiscal year 2007 by those
206
agencies identified as being required to submit work programs.
207
The bureau shall specify a uniform format for agencies
SECTION 10.
These work programs
Work programs shall
Part IV of the plan shall be an analysis and
208
evaluation of materials in Parts II and III of the plan.
209
phase of the plan shall also make an overall evaluation of the
210
relative contributions that the resources and efforts identified
211
in Part III are making toward achievement of the overall goals.
212
This phase of the plan shall contain specific recommendations for
213
inclusion in the region's efforts:
214
(a)
This
Specific programs for accelerating the region's
215
overall economic development through greater results from the
216
state's agricultural resources;
217
(b)
Specific programs for rural areas of the region and
218
those areas and identifiable groups of people with the highest
219
unemployment and lowest per capita incomes;
220
(c)
Specific programs for international trade and the
221
attraction of foreign investment through development of
222
specialized, university-based or other programs;
223
(d)
The specific niches that Mississippi has and on
224
which it should focus development efforts or those niches the
225
region should seek to develop; and
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227
228
(e)
Specific minority enterprise assistance and
development programs that would be needed and recommended.
SECTION 11.
(1)
Part V of the economic development plan
229
shall consist of recommendations.
230
based on Part IV of the plan and shall seek to improve in every
231
possible and feasible manner the coordination and implementation
232
of all activities and programs outlined and identified as required
233
in Part III of the plan.
234
(2)
The recommendations shall be
The plan shall make recommendations regarding new
235
initiatives and new programs and the alteration or expansion of
236
existing programs as deemed necessary to achieve the goals
237
established.
238
to be done, who is to do it and how it is to be done and shall
239
also set out the cost benefits of each recommendation.
240
(3)
The recommendations shall state specifically what is
The bureau, in consultation with the task force and the
241
Mississippi Development Authority, shall develop a legislative
242
package containing any statutory actions required to implement the
243
goals established in the state long-range plan for economic
244
development.
245
presented in bill format.
246
The legislative package shall be prepared and
SECTION 12.
All parts of the plan shall be completed no
247
later than December 1, 2006.
248
of the plan shall be made to the Joint Legislative Budget
249
Committee in November 2006.
250
251
SECTION 13.
A preliminary report on the status
and after its passage; and shall stand repealed on July 1, 2009.
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ST: Mississippi Delta Region; create task force
to develop strategic plan for revitalization of
region.
By:
Colleges; Education
Representative Brown
HOUSE BILL NO. 1130
(As Passed the House)
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AN ACT RELATING TO THE EDUCATIONAL STRUCTURE OF PUBLIC HIGH
SCHOOLS IN THE STATE OF MISSISSIPPI; TO AUTHORIZE THE
ESTABLISHMENT OF A MISSISSIPPI VIRTUAL PUBLIC SCHOOL PROGRAM AND
TO PRESCRIBE CERTAIN REQUIREMENTS FOR THE PROGRAM; TO CREATE A NEW
SECTION TO BE CODIFIED AS SECTION 37-15-38, MISSISSIPPI CODE OF
1972, TO PROVIDE FOR THE CREATION OF HIGH SCHOOL AND UNIVERSITY OR
COMMUNITY COLLEGE DUAL ENROLLMENT PROGRAMS, TO PRESCRIBE
CONDITIONS FOR PARTICIPATION IN THE PROGRAM, TO PROVIDE FOR THE
PAYMENT OF TUITION AND COSTS FOR UNIVERSITY AND COMMUNITY COLLEGE
LEVEL COURSES, AND TO CLARIFY THAT COURSE WORK TAKEN UNDER THE
PROGRAM SHALL BE DUAL CREDIT; TO CODIFY SECTION 37-15-39,
MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOL DISTRICTS TO OFFER
PRE-ADVANCED PLACEMENT COURSES, TO REQUIRE FUNDING TO BE MADE
AVAILABLE IN THE 2007-2008 SCHOOL YEAR FOR ALL SOPHOMORES TO TAKE
A NATIONALLY RECOGNIZED APTITUDE TEST FOR ADVANCED PLACEMENT
CLASSES, AND TO REQUIRE ALL HIGH SCHOOLS TO OFFER AT LEAST FOUR
ADVANCED PLACEMENT COURSES BEGINNING IN THE 2007-2008 SCHOOL YEAR;
TO ESTABLISH A LIFELONG LEARNING COMMISSION TO STUDY THE RELEVANCE
OF THE HIGH SCHOOL EXPERIENCE IN MISSISSIPPI; TO CODIFY SECTION
37-3-95, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT
OF EDUCATION AND THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF
HIGHER LEARNING TO JOINTLY PREPARE AN ANNUAL REPORT TO THE
LEGISLATURE ON THE TEACHER EDUCATION PROGRAMS IN THE STATE; TO
CODIFY SECTION 37-7-346, MISSISSIPPI CODE OF 1972, TO DIRECT THE
STATE DEPARTMENT OF EDUCATION AND THE REGIONAL EDUCATION SERVICE
AGENCIES TO JOINTLY DEVELOP A PLAN FOR INCREASING THE DUTIES AND
RESPONSIBILITIES OF THE AGENCIES; AND FOR RELATED PURPOSES.
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SECTION 1.
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(1)
The Legislature finds and declares the
following:
(a)
Meeting the educational needs of children in our
32
state's schools is of the greatest importance to the future
33
welfare of the State of Mississippi;
34
(b)
Closing the achievement gap between high-performing
35
students, including the achievement gap among at-risk students, is
36
a significant and present challenge;
37
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(c)
Providing a broader range of educational options to
parents and utilizing existing resources, along with technology,
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may help students in the state improve their academic achievement;
40
and
41
(d)
Many of the state's school districts currently lack
42
the capacity to provide other public school choices for students
43
whose schools are low performing.
44
(2)
45
Program.
46
established under this section provide Mississippi families with
47
an alternative choice to access additional educational resources
48
in an effort to improve academic achievement.
49
must be recognized as public schools and provided equitable
50
treatment and resources as are other public schools in the state.
51
(3)
There is created the Mississippi Virtual Public School
It is the intent of the Legislature that virtual schools
Virtual schools
Nothing in this section may be interpreted as precluding
52
the use of computer- and Internet-based instruction for students
53
in a virtual or remote setting.
54
(4)
As used in this section, the following words and phrases
55
have the meanings respectively ascribed unless the context clearly
56
requires otherwise:
57
(a)
"Virtual school" means an independent public school
58
in which the school uses technology in order to deliver a
59
significant portion of instruction to its students via the
60
Internet in a virtual or from a remote setting.
61
(b)
"Sponsor" means the public school district,
62
regional education service agency, charter school or the State
63
Board of Education having a fiduciary and credit-granting
64
responsibility, independently or cooperatively, for the operation
65
of the virtual school.
66
67
68
(5)
(a)
The State Board of Education shall sponsor at least
one (1) such school beginning in school year 2006-2007.
(b)
The State Board of Education-sponsored schools
69
shall be operated by one or more virtual school providers selected
70
through a competitive bidding process.
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Contracts with selected
71
providers will be overseen by the State Department of Education on
72
behalf of the State Board.
73
(c)
Students who enroll in a State Board of
74
Education-sponsored virtual school may reside anywhere in the
75
State of Mississippi.
76
sponsored by local public school districts, regional education
77
service agencies, and/or charter schools must reside within the
78
existing service areas of those sponsors.
79
80
(6)
Students who enroll in virtual schools
A virtual school must be evaluated annually by its
sponsor according to the following criteria:
81
(a)
The extent to which the school demonstrates an
82
increase in student achievement according to the goals of its
83
authorizing contract and state academic standards.
84
(b)
The accountability and viability of the virtual
85
school, as demonstrated by its academic, fiscal and operational
86
performance.
87
(c)
The access of each student in the virtual school to
88
a sequential curriculum that meets or exceeds the state’s academic
89
standards and which has an interactive program with significant
90
online components.
91
(d)
Whether or not each student achieves the required
92
number of hours of learning opportunities per academic year, as
93
established by the State Board of Education, or alternatively, has
94
demonstrated mastery or completion of appropriate subject areas.
95
(e)
The results of students on regular assessments,
96
including the required Mississippi Curriculum Tests, Subject Area
97
Tests and those tests required by the "No Child Left Behind Act."
98
99
(7)
A virtual school shall provide to each student enrolled
in the school all necessary instructional materials.
The school
100
must ensure that each student is provided access to the necessary
101
technology, such as a computer and printer, and to an Internet
102
connection for school work purposes.
103
provide an allotment to any student or the student's family for
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A virtual school may not
104
the purchase of instructional programs or materials.
105
nothing in this subsection shall prohibit a virtual school from
106
reimbursing students or families for those costs directly
107
associated with their Internet connection for use in the virtual
108
school program.
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(8)
However,
The State Board of Education shall have approval
authority for all coursework and policy of a virtual school.
(9)
Each teacher employed by or participating in the
112
delivery of instruction through a virtual school must meet all
113
qualifications for licensure in the State of Mississippi.
114
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(10)
Any student who meets state residency requirements may
enroll in a virtual school.
(11)
Enrollment in any virtual school must be free of charge
117
to students.
118
virtual school must be shared by the State Department of
119
Education, subject to appropriation, and/or the local school
120
districts, charter schools or regional education service agencies,
121
subject to funds available.
122
123
124
The costs associated with the operations of the
SECTION 2.
The following shall be codified as Section
37-15-38, Mississippi Code of 1972:
37-15-38.
(1)
A local school board, the Board of Trustees
125
of State Institutions of Higher Learning and the State Board for
126
Community and Junior Colleges may establish a dual enrollment
127
system under which students in the school district who meet the
128
prescribed criteria of this section may be enrolled in a
129
postsecondary institution in Mississippi while they are still in
130
school.
131
(2)
Student eligibility.
Before credits earned by a
132
qualified high school student from a community or junior college
133
or state institutions of higher learning may be transferred to the
134
student's home school district, the student must be properly
135
enrolled in a dual enrollment program.
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(3)
Admission criteria for dual enrollment in community and
137
junior college or university programs.
138
the community and junior college districts and the Board of
139
Trustees of State Institutions of Higher Learning may recommend
140
admission criteria for dual enrollment programs under which high
141
school students may enroll at a community or junior college or
142
university while they are still attending high school and enrolled
143
in high school courses.
144
community or junior college courses under the dual enrollment
145
programs if they meet that individual institution's stated
146
admission requirements.
147
(4)
The boards of trustees of
Students may be admitted to enroll in
Tuition and cost responsibility.
Tuition and costs for
148
university-level courses and community and junior college courses
149
offered under a dual enrollment program may be paid for by the
150
postsecondary institution, the local school district, the parents
151
or legal guardians of the student, or by grants, foundations or
152
other private or public sources.
153
other costs must be made directly to the credit-granting
154
institution.
155
(5)
Payment for tuition and any
Transportation responsibility.
Any transportation
156
required by a student to participate in the dual enrollment
157
program is the responsibility of the parent, custodian or legal
158
guardian of the student.
159
paid from any available public or private sources.
160
(6)
However, transportation costs may be
School district average daily attendance credit.
When
161
the tuition for a dually enrolled student is paid for by the local
162
school district, the student may be counted, for adequate
163
education program funding purposes, in the average daily
164
attendance of the public school district in which the student
165
attends high school.
166
(7)
High school student transcript transfer requirements.
167
Grades and college credits earned by students admitted to a dual
168
enrollment program must be recorded on the college transcript at
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the university or community or junior college where the student
170
attends classes.
171
junior college course work may be released to another institution
172
or applied toward college graduation requirements only after the
173
student has received a high school diploma or has successfully
174
completed the General Educational Development (GED) test.
175
(8)
The transcript of the university or community or
Determining factor of prerequisites for enrollment in
176
dual credit courses.
177
college participating in a dual enrollment program shall determine
178
course prerequisites for enrolling and receiving dual credit.
179
(9)
Each university and community or junior
Process for determining articulation of curriculum
180
between high school, university, and community and junior college
181
courses.
182
offered through Mississippi Curriculum Frameworks must meet the
183
prescribed competencies requirements.
184
offered in Mississippi Curriculum Frameworks must meet the
185
standards established at the postsecondary level.
186
level developmental courses may not be considered as meeting the
187
requirements of the dual enrollment program.
188
memorandum of understandings must be established between each
189
postsecondary institution and the school district implementing a
190
dual credit program.
191
(10)
Postsecondary curricula for eligible courses currently
Eligible courses not
Postsecondary
Dual credit
Ineligible courses for dual credit programs.
Unless
192
waived by a school principal, any course that is required for
193
subject area testing as a requirement for graduation from a public
194
school in Mississippi is not eligible for dual credit.
195
(11)
Eligible courses for dual credit programs.
Courses
196
eligible for dual credit include, but are not necessarily limited
197
to, foreign languages, advanced math courses, advanced science
198
courses, performing arts, advanced business and technology, and
199
career and technical courses.
200
courses considered for dual credit must receive unconditional
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approval from the superintendent of the local school district and
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the chief academic officer at the participating community or
203
junior college or university.
204
college shall make the final decision on what courses are eligible
205
for semester hour credits.
206
make the final decision on the transfer of college or university
207
courses credited to the student's high school transcript.
208
(12)
A university or community or junior
The local school superintendent shall
High school Carnegie unit equivalency.
One (1)
209
three-hour university or community or junior college course is
210
equal to one-half (1/2) high school Carnegie unit.
211
Carnegie unit may be awarded for a three-hour university or
212
college course upon approval of the local superintendent.
213
credit agreements for postsecondary courses that are less than
214
three (3) hours may be developed between a local school district
215
and the participating postsecondary institution.
216
(13)
Course alignment.
A full
Partial
Once alignment is achieved between
217
university courses, community and junior college courses and the
218
State Board of Education approved high school courses, the
219
universities, community and junior colleges and high schools shall
220
review their respective policies and assess the place of dual
221
credit courses within the context of their traditional offerings.
222
(14)
Maximum dual credits allowed.
It is the intent of the
223
dual enrollment program to make it possible for every student who
224
desires to earn a semester's worth of college credit in high
225
school to do so.
226
must be allowed to earn an unlimited number of college or
227
university credits for dual credit as long as a B average is
228
earned on the first two (2) approved dual credit courses.
229
average is not maintained after the completion of the student's
230
first two (2) dual credit courses, the student may not continue in
231
the dual credit program.
232
233
(15)
A qualified dually enrolled high school student
Dual credit program allowances.
A student may be
granted credit delivered through the following means:
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If a B
234
(a)
Examination preparation taught at a high school by
235
a qualified teacher.
236
secondary level after completion of an approved course and passing
237
the standard examination, such as an Advanced Placement or
238
International Baccalaureate course through which a high school
239
student is allowed CLEP credit by making a three (3) or higher on
240
the end-of-course examination.
241
(b)
A student may receive credit at the
School-based courses taught at a high school or
242
designated postsecondary site by a qualified teacher who is an
243
employee of the school district and approved as an instructor by
244
the collaborating college or university.
245
(c)
College or university-based courses taught at a
246
college, university or high school by an instructor employed by
247
the college or university and approved by the collaborating school
248
district.
249
(d)
Online courses, including eligible courses offered
250
by the Mississippi Virtual Public School or any postsecondary
251
institution.
252
(16)
Qualifications of dual credit instructors.
A dual
253
credit academic instructor must have, at a minimum, a master’s
254
degree with at least eighteen (18) graduate semester hours in the
255
instructor's field of expertise.
256
junior college personnel have the sole authority in the selection
257
of dual credit instructors.
258
University and community and
A dual credit career and technical education instructor must
259
meet the requirements set forth by the State Board for Community
260
and Junior Colleges in the qualifications manual for postsecondary
261
career and technical personnel.
262
junior college personnel have the sole authority in the selection
263
of dual credit instructors.
264
(17)
University and community and
Guidance on local agreements.
The Chief Academic
265
Officer of the State Board of Trustees of State Institutions of
266
Higher Learning and the Chief Academic Officer of the State Board
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for Community and Junior Colleges, working collaboratively, shall
268
develop a template to be used by the individual community and
269
junior colleges and institutions of higher learning for consistent
270
implementation of the dual enrollment program throughout the State
271
of Mississippi.
272
SECTION 3.
273
274
37-15-39.
(1)
The purpose of this section is to ensure that
275
each student has a sufficient education for success after high
276
school and that all students have equal access to a substantive
277
and rigorous curriculum that is designed to challenge their minds
278
and enhance their knowledge skill.
279
(2)
The following words and phrases have the meanings
280
ascribed in this section unless the context clearly requires
281
otherwise:
282
(a)
"Advanced placement course" means any high school
283
level preparatory course for a college advanced placement test
284
that incorporates all topics specified by recognized advanced
285
placement authorities on standards for a given subject area and
286
is approved by recognized advanced placement authorities.
287
(b)
"Dual enrollment course" means a postsecondary
288
level course offered by a state institution of higher learning or
289
community or junior colleges, which, upon successful completion,
290
qualifies for academic credit in both the postsecondary
291
institution and public high school.
292
(c)
"Pre-advanced placement course" means a middle,
293
junior high or high school level course that specifically prepares
294
students to enroll and participate in an advanced placement
295
course.
296
(d)
"Vertical team" means a group of educators from
297
different grade levels in a given discipline working cooperatively
298
to develop and implement a vertically aligned program aimed at
299
helping students from diverse backgrounds acquire the academic
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300
skills necessary for success in the advanced placement program and
301
other challenging course work.
302
(e)
"High concentration of low-income students" means,
303
when used with respect to a public school or school district, a
304
public school or school district that serves a student population
305
with fifty percent (50%) or more being low-income individuals ages
306
five (5) through seventeen (17) years from a low-income family on
307
the basis of:
308
reduced-price lunches under the National School Lunch Act; data on
309
children in families receiving assistance under Part A of Title IV
310
of the Social Security Act; data on children eligible to receive
311
medical assistance under the Medicaid program under Title XIX of
312
the Social Security Act; or an alternate method of identifying
313
such children which combines or extrapolates that data.
314
(3)
data on children eligible for the free or
The State Board of Education shall establish clear,
315
specific and challenging training guidelines that require teachers
316
of advanced placement courses and teachers of pre-advanced
317
placement courses to obtain a recognized advanced placement
318
authority endorsed training.
319
or pre-advanced placement course, or both, must obtain the
320
appropriate training.
321
(4)
(a)
A teacher of an advanced placement
In order to ensure that each student has a
322
sufficient education for success after high school and that all
323
students have equal access to a substantive and rigorous
324
curriculum that is designed to challenge their minds and enhance
325
their knowledge skill, school districts shall offer pre-advanced
326
placement courses to prepare students for advanced placement
327
course work.
328
(b)
Funding shall be made available for the 2007-2008
329
school year so that all sophomores in Mississippi's public schools
330
may take an examination that measures the students' ability to
331
succeed in an advanced placement course.
332
Education shall seek federal funding through the Advanced
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The State Department of
333
Placement Incentive Grant Program and other available funding for
334
this purpose.
335
carry out advanced placement and pre-advanced placement activities
336
in school districts targeted as serving a high concentration of
337
low-income students.
338
(c)
Funding efforts must be focused with an intent to
The State Department of Education must approve all
339
classes designated as pre-advanced placement courses.
340
department shall develop rules necessary for the implementation of
341
advanced placement courses.
342
(5)
The
Beginning with the 2007-2008 school year, all school
343
districts must offer at least one (1) advanced placement course in
344
each of the four (4) core areas of math, English, science and
345
social studies, for a total offering of no less than four (4)
346
advanced placement courses.
347
Advanced Placement Instructional Program is an appropriate
348
alternative for the delivery of advanced placement courses.
349
Any public high school offering the International
The use of the state's on-line
350
Baccalaureate Diploma Program is exempt from the requirements of
351
this subsection.
352
training and program funding on the same basis as any high school
353
offering advanced placement courses.
354
355
356
357
SECTION 4.
(1)
There is established a commission to be
known as the "Lifelong Learning Commission."
(2)
The commission shall consist of four (4) members, who
shall serve ex officio, as follows:
358
359
However, the school may participate in teacher
(a)
The Governor of the State of Mississippi, who shall
serve as chairman;
360
(b)
The State Superintendent of Public Education;
361
(c)
The Commissioner of the State Board for Community
362
and Junior Colleges; and
363
(d)
364
365
(3)
The Commissioner of Higher Education.
The duties of the Lifelong Learning Commission shall
include, but not necessarily be limited to, the following:
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366
367
(a)
To assess the dropout crisis in Mississippi and
recommend action steps to address it;
368
(b)
To create a set of common definitions for
369
graduation and dropout rates which can be used to compare the
370
commission's progress relative to other states;
371
372
(c)
Mississippi high school experience more meaningful;
373
374
(d)
(e)
To facilitate the transferability of education from
secondary to postsecondary institutions;
377
378
To encourage more rigor and relevance in the high
school experience;
375
376
To facilitate agreements that will make the
(f)
To raise state awareness on the need for improving
Mississippi's high schools;
379
(g)
To develop a series of best practices policy
380
actions that state policymakers and legislators can implement to
381
achieve system-wide high school reform; and
382
(h)
To convene town hall meetings around the state,
383
when the commission determines necessary, where students,
384
teachers, administrators and parents can discuss high school, the
385
senior year and impediments to greater success.
386
(4)
The commission may prepare an annual report for the
387
consideration of the Chairmen of the House and Senate Education
388
and Universities and Colleges Committees pertaining to the
389
information gathered in the performance of its duties.
390
(5)
The commission members shall meet at those times and
391
places deemed necessary by the commission.
392
any available resources to fulfill its mission.
393
394
395
SECTION 5.
The commission may use
The following provision shall be codified as
Section 37-3-95, Mississippi Code of 1972:
37-3-95.
The State Department of Education and the Board of
396
Trustees of State Institutions of Higher Learning shall prepare
397
jointly an annual report for the Legislature and Governor to be
398
submitted before December 1 of each year beginning in 2006.
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The
399
report shall be a compilation of existing data that may be used to
400
create a rating system that measures the performance of the
401
teacher education programs in the state.
402
403
404
SECTION 6.
37-7-346.
The State Department of Education and the Regional
405
Education Service Agencies (RESAs) shall prepare jointly a report,
406
to be submitted before December 15, 2006, for consideration of the
407
Legislature and Governor, detailing the plans that shall be
408
enacted by State Board of Education policy of how RESAs will work
409
in partnership with the State Department of Education to increase
410
their function as a local provider of educational services and
411
purchasing consortia as provided in Section 37-7-345(6).
412
services must be prescribed by policies and standards of the State
413
Department of Education and must include, but not necessarily be
414
limited to, professional development, instructional materials,
415
educational technology, curriculum development, alternative
416
educational programs, purchasing cooperatives, insurance
417
cooperatives, business manager services, auditing and accounting
418
services, school safety/risk prevention, data processing and
419
student records, communications/public information, employee
420
background checks, grants management, printing/publications and
421
internships.
422
423
SECTION 7.
These
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*HR40/R1490PH*
ST: Public high schools; restructure means of
delivering education.
By: Representatives Mims, Moak, Myers,
Vince, Cockerham
To: Public Property;
Education
HOUSE BILL NO. 1167
1
2
3
4
AN ACT TO AUTHORIZE THE SCHOOL BOARD OF THE NORTH PIKE SCHOOL
DISTRICT AND THE BOARD OF TRUSTEES OF THE SOUTHWEST MISSISSIPPI
COMMUNITY COLLEGE DISTRICT TO EXCHANGE REAL PROPERTY LOCATED IN
PIKE COUNTY, MISSISSIPPI; AND FOR RELATED PURPOSES.
5
6
SECTION 1.
(1)
(a)
In consideration for the conveyance of
7
property authorized in subsection (2) of this section, the school
8
board of the North Pike School District may transfer and convey to
9
the Southwest Mississippi Community College District all right,
10
title and interest in certain real property located in Pike
11
County, Mississippi, such property described more particularly as
12
follows:
13
Commencing at the Southeast Corner of the Northwest
14
Quarter of Section 1, Township 4 North, Range 7 East,
15
Pike County, Mississippi, being the Point of Beginning,
16
and thence run South 89 degrees 34 minutes 16 seconds
17
West for a distance of 1,240.87 feet, thence run North
18
00 degrees 05 minutes 04 seconds West for a distance of
19
1,101.74 feet to the center of Cainy Bayou, thence run
20
along said bayou South 78 degrees 15 minutes 46 seconds
21
East for a distance of 55.00 feet, thence run South 40
22
degrees 56 minutes 39 seconds East for a distance of
23
108.98 feet, thence run North 77 degrees 13 minutes 13
24
seconds East for a distance of 182.33 feet, thence run
25
South 57 degrees 17 minutes 20 seconds East for a
26
distance of 162.55 feet, thence run South 84 degrees 38
27
minutes 39 seconds East for a distance of 100.02 feet,
28
thence run North 53 degrees 31 minutes 21 seconds East
H. B. No. 1167
06/HR40/R576.1
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29
for a distance of 133.19 feet, thence run North 42
30
degrees 09 minutes 38 seconds East, for a distance of
31
92.15 feet, thence run North 84 degrees 41 minutes 43
32
seconds East for a distance of 103.68 feet, thence run
33
34
distance of 47.09 feet, thence run South 85 degrees 58
35
minutes 20 seconds East for a distance of 72.19 feet,
36
37
for a distance of 123.45 feet, thence run South 84
38
39
63.37 feet to the North line of Block 16, Village of
40
Johnston Station, thence leaving the said bayou run
41
along the North Line of Block 16, North 75 degrees 56
42
minutes 00 seconds East for a distance of 173.21 feet to
43
the Northwest corner of Block 9, thence run North 14
44
degrees 04 minutes 00 seconds West for a distance of
45
164.00 feet to the Northwest corner of Lot 7-Block 10,
46
47
for a distance of 200.00 feet to the Northeast corner of
48
Lot 7-Block 10, thence run South 14 degrees 04 minutes
49
00 seconds East for a distance of 164.00 feet to the
50
Northeast corner of Block 9, thence run South 14 degrees
51
04 minutes 00 seconds East for a distance of 400.00 feet
52
to the Southeast corner of Block 9, thence run North 75
53
54
233.00 feet to the Southeast corner of Block 8, thence
55
run South 24 degrees 22 minutes 04 seconds East for a
56
distance of 167.84 feet, thence run North 85 degrees 44
57
minutes 27 seconds West for a distance of 718.50 feet,
58
thence run South 11 degrees 34 minutes 00 seconds East
59
for a distance of 435.87 feet, thence run North 83
60
61
49.30 feet, thence run South 10 degrees 00 minutes 00
H. B. No. 1167
06/HR40/R576.1
PAGE 2 (DJ\BD)
*HR40/R576.1*
62
seconds East for a distance of 343.50 feet to the Point
63
of Beginning.
64
Part lying and being in the Southeast Quarter-Northwest
65
Quarter, part of the Southeast Quarter-Northeast Quarter
66
and part of the Northwest Quarter-Northeast Quarter, all
67
located in Section 1, Township 4 North, Range 7 East,
68
Pike County, Mississippi, and containing 33.42 acres,
69
more or less.
70
(b)
The conveyance authorized in this subsection (1)
71
may be subject to additional terms and conditions agreed upon by
72
the school board of the North Pike School District and the Board
73
of Trustees of the Southwest Mississippi Community College
74
District.
75
(2)
(a)
In consideration for the conveyance of property
76
authorized in subsection (1) of this section, the Board of
77
Trustees of the Southwest Community College District, may transfer
78
and convey to the North Pike School District all right, title and
79
interest in certain real property located in Pike County,
80
Mississippi, such property described more particularly as follows:
81
Commencing at a found one inch bolt marking the
82
Southeast Corner of the Northwest Quarter - Northeast
83
Quarter of Section 30, Township 4 North, Range 8 East,
84
Pike County, Mississippi, and thence run North for a
85
distance of 1,336.63 feet along the Quarter line to a
86
set half inch rebar at a Quarter corner and the Point of
87
Beginning; from the Point of Beginning, run West for a
88
distance of 92.06 feet along the section line to a set
89
half inch rebar on the East right-of-way line of Horace
90
Holmes Drive, thence run along said East right-of-way
91
line around a curve to the left an arc distance of
92
161.52 feet, said curve having a chord of North 05
93
94
161.10 feet and a radius equal to 642.95 feet to a set
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*HR40/R576.1*
95
half inch rebar, thence run South 77 degrees 22 minutes
96
55 seconds West for a distance of 20.00 feet to a set
97
half inch rebar, thence run North 12 degrees 37 minutes
98
05 seconds West for a distance of 674.19 feet to a set
99
half inch rebar, thence around a curve to the right an
100
arc distance of 397.88 feet, said curve having a chord
101
of North 06 degrees 29 minutes 22 seconds West for a
102
distance of 397.12 feet and a radius equal to 1,859.91
103
feet to a set half inch rebar, thence run North 67
104
105
54.14 feet to a set half inch rebar on the South
106
right-of-way line of Jaguar Trail-State Aid Project No.
107
SAP-57(58), thence run along said South right-of-way
108
line South 84 degrees 49 minutes 04 seconds East for a
109
distance of 98.18 feet to a set half inch rebar, thence
110
around a curve to the left an arc distance of 171.32
111
feet, said curve having a chord of North 89 degrees 18
112
minutes 10 seconds East for a distance of 171.32 feet
113
and a radius equal to 11,509.34 feet to a set railroad
114
spike on the Quarter line, thence leaving road, run
115
South 696.79 feet along the Quarter line to a set half
116
inch rebar, thence run East for a distance of 1,325.05
117
feet to a set half inch rebar on the 1/4 line, thence
118
run South for a distance of 526.00 feet along the 1/4
119
line to a set half inch rebar at Quarter corner, thence
120
run West for a distance of 1,325.05 feet along the
121
section line to the Point of Beginning.
122
The aforedescribed parcel of land is situated in part of
123
the Southwest Quarter - Southeast Quarter and part of
124
the Southeast Quarter of the Southwest Quarter of
125
Section 19, Township 4 North, Range 8 East, Pike County,
126
Mississippi, and contains 22.22 acres, more or less.
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06/HR40/R576.1
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*HR40/R576.1*
127
(b)
The conveyance authorized in this subsection (2)
128
may be subject to additional terms and conditions agreed upon by
129
the Board of Trustees of the Southwest Mississippi Community
130
College District and the school board of the North Pike School
131
District.
132
133
SECTION 2.
H. B. No. 1167
06/HR40/R576.1
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*HR40/R576.1*
ST: Property; authorize land exchange between
North Pike School District and Southwest
Mississippi Community College.
By:
To:
Representative Read
Appropriations
HOUSE BILL NO. 1274
(As Passed the House)
1
2
3
4
5
AN ACT TO AMEND SECTION 31-7-13, MISSISSIPPI CODE OF 1972, TO
ALLOW THE PURCHASING ENTITY TO DESIGNATE THE METHOD BY WHICH BIDS
WILL BE RECEIVED FOR PUBLIC PURCHASES IN EXCESS OF $15,000.00; TO
SET A REPEALER DATE OF JULY 1, 2008, ON THIS NEW PROVISION; AND
FOR RELATED PURPOSES.
6
7
SECTION 1.
8
amended as follows:
9
31-7-13.
All agencies and governing authorities shall
10
purchase their commodities and printing; contract for garbage
11
collection or disposal; contract for solid waste collection or
12
disposal; contract for sewage collection or disposal; contract for
13
public construction; and contract for rentals as herein provided.
14
(a)
Bidding procedure for purchases not over $3,500.00.
15
Purchases which do not involve an expenditure of more than Three
16
Thousand Five Hundred Dollars ($3,500.00), exclusive of freight or
17
shipping charges, may be made without advertising or otherwise
18
requesting competitive bids.
19
paragraph (a) shall be construed to prohibit any agency or
20
governing authority from establishing procedures which require
21
competitive bids on purchases of Three Thousand Five Hundred
22
Dollars ($3,500.00) or less.
23
(b)
However, nothing contained in this
Bidding procedure for purchases over $3,500.00 but
24
not over $15,000.00.
25
more than Three Thousand Five Hundred Dollars ($3,500.00) but not
26
more than Fifteen Thousand Dollars ($15,000.00), exclusive of
27
freight and shipping charges may be made from the lowest and best
28
bidder without publishing or posting advertisement for bids,
H. B. No. 1274
06/HR03/R1377PH
PAGE 1 (RF\LH)
Purchases which involve an expenditure of
*HR03/R1377PH*
G3/5
29
provided at least two (2) competitive written bids have been
30
obtained.
31
to this paragraph (b) may authorize its purchasing agent, or his
32
designee, with regard to governing authorities other than
33
counties, or its purchase clerk, or his designee, with regard to
34
counties, to accept the lowest and best competitive written bid.
35
Such authorization shall be made in writing by the governing
36
authority and shall be maintained on file in the primary office of
37
the agency and recorded in the official minutes of the governing
38
authority, as appropriate.
39
clerk, or their designee, as the case may be, and not the
40
governing authority, shall be liable for any penalties and/or
41
damages as may be imposed by law for any act or omission of the
42
purchasing agent or purchase clerk, or their designee,
43
constituting a violation of law in accepting any bid without
44
approval by the governing authority.
45
written bid" shall mean a bid submitted on a bid form furnished by
46
the buying agency or governing authority and signed by authorized
47
personnel representing the vendor, or a bid submitted on a
48
vendor's letterhead or identifiable bid form and signed by
49
authorized personnel representing the vendor.
50
mean that the bids are developed based upon comparable
51
identification of the needs and are developed independently and
52
without knowledge of other bids or prospective bids.
53
submitted by facsimile, electronic mail or other generally
54
accepted method of information distribution.
55
electronic transmission shall not require the signature of the
56
vendor's representative unless required by agencies or governing
57
authorities.
58
Any governing authority purchasing commodities pursuant
(c)
59
The purchasing agent or the purchase
The term "competitive
"Competitive" shall
Bids may be
Bids submitted by
Bidding procedure for purchases over $15,000.00.
(i)
Publication requirement.
1.
Purchases which
60
involve an expenditure of more than Fifteen Thousand Dollars
61
($15,000.00), exclusive of freight and shipping charges, may be
H. B. No. 1274
06/HR03/R1377PH
PAGE 2 (RF\LH)
*HR03/R1377PH*
62
made from the lowest and best bidder after advertising for
63
competitive * * * bids once each week for two (2) consecutive
64
weeks in a regular newspaper published in the county or
65
municipality in which such agency or governing authority is
66
located.
67
2.
The purchasing entity may designate the
68
method by which the bids will be received, including, but not
69
limited to, bids sealed in an envelope, bids received
70
electronically in a secure system, bids received via a reverse
71
auction, or bids received by any other method that promotes open
72
competition and has been approved by the Office of Purchasing and
73
Travel.
74
be repealed on July 1, 2008.
The provisions of this part 2 of subparagraph (i) shall
75
3.
The date as published for the bid opening
76
shall not be less than seven (7) working days after the last
77
published notice; however, if the purchase involves a construction
78
project in which the estimated cost is in excess of Fifteen
79
Thousand Dollars ($15,000.00), such bids shall not be opened in
80
less than fifteen (15) working days after the last notice is
81
published and the notice for the purchase of such construction
82
shall be published once each week for two (2) consecutive weeks.
83
The notice of intention to let contracts or purchase equipment
84
shall state the time and place at which bids shall be received,
85
list the contracts to be made or types of equipment or supplies to
86
be purchased, and, if all plans and/or specifications are not
87
published, refer to the plans and/or specifications on file.
88
there is no newspaper published in the county or municipality,
89
then such notice shall be given by posting same at the courthouse,
90
or for municipalities at the city hall, and at two (2) other
91
public places in the county or municipality, and also by
92
publication once each week for two (2) consecutive weeks in some
93
newspaper having a general circulation in the county or
94
municipality in the above provided manner.
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*HR03/R1377PH*
If
On the same date that
95
the notice is submitted to the newspaper for publication, the
96
agency or governing authority involved shall mail written notice
97
to, or provide electronic notification to the main office of the
98
Mississippi Contract Procurement Center that contains the same
99
information as that in the published notice.
100
(ii)
Bidding process amendment procedure.
If all
101
plans and/or specifications are published in the notification,
102
then the plans and/or specifications may not be amended.
103
plans and/or specifications are not published in the notification,
104
then amendments to the plans/specifications, bid opening date, bid
105
opening time and place may be made, provided that the agency or
106
governing authority maintains a list of all prospective bidders
107
who are known to have received a copy of the bid documents and all
108
such prospective bidders are sent copies of all amendments.
109
notification of amendments may be made via mail, facsimile,
110
electronic mail or other generally accepted method of information
111
distribution.
112
within two (2) working days of the time established for the
113
receipt of bids unless such addendum also amends the bid opening
114
to a date not less than five (5) working days after the date of
115
the addendum.
116
If all
This
No addendum to bid specifications may be issued
(iii)
Filing requirement.
In all cases involving
117
governing authorities, before the notice shall be published or
118
posted, the plans or specifications for the construction or
119
equipment being sought shall be filed with the clerk of the board
120
of the governing authority.
121
bid file shall be established which shall indicate those vendors
122
to whom such solicitations and specifications were issued, and
123
such file shall also contain such information as is pertinent to
124
the bid.
125
(iv)
126
127
In addition to these requirements, a
Specification restrictions.
1.
Specifications pertinent to such bidding
shall be written so as not to exclude comparable equipment of
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*HR03/R1377PH*
128
domestic manufacture.
129
presented, the Department of Finance and Administration or the
130
board of a governing authority may approve a request for specific
131
equipment necessary to perform a specific job.
132
justification, when placed on the minutes of the board of a
133
governing authority, may serve as authority for that governing
134
authority to write specifications to require a specific item of
135
equipment needed to perform a specific job.
136
requirements, from and after July 1, 1990, vendors of relocatable
137
classrooms and the specifications for the purchase of such
138
relocatable classrooms published by local school boards shall meet
139
all pertinent regulations of the State Board of Education,
140
including prior approval of such bid by the State Department of
141
Education.
142
2.
However, if valid justification is
Further, such
In addition to these
Specifications for construction projects
143
may include an allowance for commodities, equipment, furniture,
144
construction materials or systems in which prospective bidders are
145
instructed to include in their bids specified amounts for such
146
items so long as the allowance items are acquired by the vendor in
147
a commercially reasonable manner and approved by the
148
agency/governing authority.
149
to circumvent the public purchasing laws.
150
(v)
Such acquisitions shall not be made
Agencies and governing authorities may
151
establish secure procedures by which bids may be submitted via
152
electronic means.
153
(d)
154
Lowest and best bid decision procedure.
(i)
Decision procedure.
Purchases may be made
155
from the lowest and best bidder.
156
best bid, freight and shipping charges shall be included.
157
Life-cycle costing, total cost bids, warranties, guaranteed
158
buy-back provisions and other relevant provisions may be included
159
in the best bid calculation.
160
agencies must be in compliance with regulations established by the
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PAGE 5 (RF\LH)
In determining the lowest and
All best bid procedures for state
*HR03/R1377PH*
161
162
authority accepts a bid other than the lowest bid actually
163
submitted, it shall place on its minutes detailed calculations and
164
narrative summary showing that the accepted bid was determined to
165
be the lowest and best bid, including the dollar amount of the
166
accepted bid and the dollar amount of the lowest bid.
167
or governing authority shall accept a bid based on items not
168
included in the specifications.
169
(ii)
If any governing
No agency
Decision procedure for Certified Purchasing
170
Offices.
In addition to the decision procedure set forth in
171
paragraph (d)(i), Certified Purchasing Offices may also use the
172
following procedure:
173
offering the best value.
174
freight and shipping charges shall be included.
175
costing, total cost bids, warranties, guaranteed buy-back
176
provisions, documented previous experience, training costs and
177
other relevant provisions may be included in the best value
178
calculation.
179
Offices to utilize a Request For Proposals (RFP) process when
180
purchasing commodities.
181
agencies must be in compliance with regulations established by the
182
183
authority shall accept a bid based on items or criteria not
184
included in the specifications.
185
Purchases may be made from the bidder
In determining the best value bid,
Life-cycle
This provision shall authorize Certified Purchasing
(iii)
All best value procedures for state
No agency or governing
Construction project negotiations authority.
186
If the lowest and best bid is not more than ten percent (10%)
187
above the amount of funds allocated for a public construction or
188
renovation project, then the agency or governing authority shall
189
be permitted to negotiate with the lowest bidder in order to enter
190
into a contract for an amount not to exceed the funds allocated.
191
(e)
Lease-purchase authorization.
For the purposes of
192
this section, the term "equipment" shall mean equipment, furniture
193
and, if applicable, associated software and other applicable
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194
direct costs associated with the acquisition.
Any lease-purchase
195
of equipment which an agency is not required to lease-purchase
196
under the master lease-purchase program pursuant to Section
197
31-7-10 and any lease-purchase of equipment which a governing
198
authority elects to lease-purchase may be acquired by a
199
lease-purchase agreement under this paragraph (e).
200
financing may also be obtained from the vendor or from a
201
third-party source after having solicited and obtained at least
202
two (2) written competitive bids, as defined in paragraph (b) of
203
this section, for such financing without advertising for such
204
bids.
205
after acceptance of bids for the purchase of such equipment or,
206
where no such bids for purchase are required, at any time before
207
the purchase thereof.
208
for an annual rate of interest which is greater than the overall
209
maximum interest rate to maturity on general obligation
210
indebtedness permitted under Section 75-17-101, and the term of
211
such lease-purchase agreement shall not exceed the useful life of
212
equipment covered thereby as determined according to the upper
213
limit of the asset depreciation range (ADR) guidelines for the
214
Class Life Asset Depreciation Range System established by the
215
Internal Revenue Service pursuant to the United States Internal
216
Revenue Code and regulations thereunder as in effect on December
217
31, 1980, or comparable depreciation guidelines with respect to
218
any equipment not covered by ADR guidelines.
219
agreement entered into pursuant to this paragraph (e) may contain
220
any of the terms and conditions which a master lease-purchase
221
agreement may contain under the provisions of Section 31-7-10(5),
222
and shall contain an annual allocation dependency clause
223
substantially similar to that set forth in Section 31-7-10(8).
224
Each agency or governing authority entering into a lease-purchase
225
transaction pursuant to this paragraph (e) shall maintain with
226
respect to each such lease-purchase transaction the same
Lease-purchase
Solicitation for the bids for financing may occur before or
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Any lease-purchase
227
information as required to be maintained by the Department of
228
Finance and Administration pursuant to Section 31-7-10(13).
229
However, nothing contained in this section shall be construed to
230
permit agencies to acquire items of equipment with a total
231
acquisition cost in the aggregate of less than Ten Thousand
232
Dollars ($10,000.00) by a single lease-purchase transaction.
233
equipment, and the purchase thereof by any lessor, acquired by
234
lease-purchase under this paragraph and all lease-purchase
235
payments with respect thereto shall be exempt from all Mississippi
236
sales, use and ad valorem taxes.
237
lease-purchase agreement under this section shall be exempt from
238
State of Mississippi income taxation.
239
(f)
All
Interest paid on any
Alternate bid authorization.
When necessary to
240
ensure ready availability of commodities for public works and the
241
timely completion of public projects, no more than two (2)
242
alternate bids may be accepted by a governing authority for
243
commodities.
244
alternate bids procedure unless the lowest and best bidder cannot
245
deliver the commodities contained in his bid.
246
purchases of such commodities may be made from one (1) of the
247
bidders whose bid was accepted as an alternate.
248
(g)
No purchases may be made through use of such
In that event,
Construction contract change authorization.
In the
249
event a determination is made by an agency or governing authority
250
after a construction contract is let that changes or modifications
251
to the original contract are necessary or would better serve the
252
purpose of the agency or the governing authority, such agency or
253
governing authority may, in its discretion, order such changes
254
pertaining to the construction that are necessary under the
255
circumstances without the necessity of further public bids;
256
provided that such change shall be made in a commercially
257
reasonable manner and shall not be made to circumvent the public
258
purchasing statutes.
259
the architect or engineer hired by an agency or governing
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260
authority with respect to any public construction contract shall
261
have the authority, when granted by an agency or governing
262
authority, to authorize changes or modifications to the original
263
contract without the necessity of prior approval of the agency or
264
governing authority when any such change or modification is less
265
than one percent (1%) of the total contract amount.
266
governing authority may limit the number, manner or frequency of
267
such emergency changes or modifications.
268
(h)
Petroleum purchase alternative.
The agency or
In addition to
269
other methods of purchasing authorized in this chapter, when any
270
agency or governing authority shall have a need for gas, diesel
271
fuel, oils and/or other petroleum products in excess of the amount
272
set forth in paragraph (a) of this section, such agency or
273
governing authority may purchase the commodity after having
274
solicited and obtained at least two (2) competitive written bids,
275
as defined in paragraph (b) of this section.
276
competitive written bids are not obtained, the entity shall comply
277
with the procedures set forth in paragraph (c) of this section.
278
In the event any agency or governing authority shall have
279
advertised for bids for the purchase of gas, diesel fuel, oils and
280
other petroleum products and coal and no acceptable bids can be
281
obtained, such agency or governing authority is authorized and
282
directed to enter into any negotiations necessary to secure the
283
lowest and best contract available for the purchase of such
284
commodities.
285
(i)
If two (2)
Road construction petroleum products price
286
adjustment clause authorization.
287
authority authorized to enter into contracts for the construction,
288
maintenance, surfacing or repair of highways, roads or streets,
289
may include in its bid proposal and contract documents a price
290
adjustment clause with relation to the cost to the contractor,
291
including taxes, based upon an industry-wide cost index, of
292
petroleum products including asphalt used in the performance or
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Any agency or governing
293
execution of the contract or in the production or manufacture of
294
materials for use in such performance.
295
shall be established and published monthly by the Mississippi
296
Department of Transportation with a copy thereof to be mailed,
297
upon request, to the clerks of the governing authority of each
298
municipality and the clerks of each board of supervisors
299
throughout the state.
300
on the cost of such petroleum products only and shall not include
301
any additional profit or overhead as part of the adjustment.
302
bid proposals or document contract shall contain the basis and
303
methods of adjusting unit prices for the change in the cost of
304
such petroleum products.
305
(j)
Such industry-wide index
The price adjustment clause shall be based
State agency emergency purchase procedure.
The
If the
306
governing board or the executive head, or his designee, of any
307
agency of the state shall determine that an emergency exists in
308
regard to the purchase of any commodities or repair contracts, so
309
that the delay incident to giving opportunity for competitive
310
bidding would be detrimental to the interests of the state, then
311
the provisions herein for competitive bidding shall not apply and
312
the head of such agency shall be authorized to make the purchase
313
or repair.
314
of meeting needs created by the emergency situation.
315
such executive head is responsible to an agency board, at the
316
meeting next following the emergency purchase, documentation of
317
the purchase, including a description of the commodity purchased,
318
the purchase price thereof and the nature of the emergency shall
319
be presented to the board and placed on the minutes of the board
320
of such agency.
321
at the earliest possible date following such emergency purchase,
322
file with the Department of Finance and Administration (i) a
323
statement explaining the conditions and circumstances of the
324
emergency, which shall include a detailed description of the
325
events leading up to the situation and the negative impact to the
Total purchases so made shall only be for the purpose
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In the event
The head of such agency, or his designee, shall,
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326
entity if the purchase is made following the statutory
327
requirements set forth in paragraph (a), (b) or (c) of this
328
section, and (ii) a certified copy of the appropriate minutes of
329
the board of such agency, if applicable.
330
of each year, the State Auditor shall prepare and deliver to the
331
Senate Fees, Salaries and Administration Committee, the House Fees
332
and Salaries of Public Officers Committee and the Joint
333
Legislative Budget Committee a report containing a list of all
334
state agency emergency purchases and supporting documentation for
335
each emergency purchase.
336
(k)
On or before September 1
Governing authority emergency purchase procedure.
337
If the governing authority, or the governing authority acting
338
through its designee, shall determine that an emergency exists in
339
regard to the purchase of any commodities or repair contracts, so
340
that the delay incident to giving opportunity for competitive
341
bidding would be detrimental to the interest of the governing
342
authority, then the provisions herein for competitive bidding
343
shall not apply and any officer or agent of such governing
344
authority having general or special authority therefor in making
345
such purchase or repair shall approve the bill presented therefor,
346
and he shall certify in writing thereon from whom such purchase
347
was made, or with whom such a repair contract was made.
348
board meeting next following the emergency purchase or repair
349
contract, documentation of the purchase or repair contract,
350
including a description of the commodity purchased, the price
351
thereof and the nature of the emergency shall be presented to the
352
board and shall be placed on the minutes of the board of such
353
governing authority.
354
355
(l)
At the
Hospital purchase, lease-purchase and lease
authorization.
356
(i)
The commissioners or board of trustees of any
357
public hospital may contract with such lowest and best bidder for
358
the purchase or lease-purchase of any commodity under a contract
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359
of purchase or lease-purchase agreement whose obligatory payment
360
terms do not exceed five (5) years.
361
(ii)
In addition to the authority granted in
362
subparagraph (i) of this paragraph (l), the commissioners or board
363
of trustees is authorized to enter into contracts for the lease of
364
equipment or services, or both, which it considers necessary for
365
the proper care of patients if, in its opinion, it is not
366
financially feasible to purchase the necessary equipment or
367
services.
368
services executed by the commissioners or board shall not exceed a
369
maximum of five (5) years' duration and shall include a
370
cancellation clause based on unavailability of funds.
371
cancellation clause is exercised, there shall be no further
372
liability on the part of the lessee.
373
lease of equipment or services executed on behalf of the
374
commissioners or board that complies with the provisions of this
375
subparagraph (ii) shall be excepted from the bid requirements set
376
forth in this section.
377
378
Any such contract for the lease of equipment or
(m)
If such
Any such contract for the
Exceptions from bidding requirements.
Excepted
from bid requirements are:
379
(i)
Purchasing agreements approved by department.
380
Purchasing agreements, contracts and maximum price regulations
381
executed or approved by the Department of Finance and
382
Administration.
383
(ii)
Outside equipment repairs.
Repairs to
384
equipment, when such repairs are made by repair facilities in the
385
private sector; however, engines, transmissions, rear axles and/or
386
other such components shall not be included in this exemption when
387
replaced as a complete unit instead of being repaired and the need
388
for such total component replacement is known before disassembly
389
of the component; however, invoices identifying the equipment,
390
specific repairs made, parts identified by number and name,
391
supplies used in such repairs, and the number of hours of labor
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392
and costs therefor shall be required for the payment for such
393
repairs.
394
(iii)
In-house equipment repairs.
Purchases of
395
parts for repairs to equipment, when such repairs are made by
396
personnel of the agency or governing authority; however, entire
397
assemblies, such as engines or transmissions, shall not be
398
included in this exemption when the entire assembly is being
399
replaced instead of being repaired.
400
(iv)
Raw gravel or dirt.
Raw unprocessed deposits
401
of gravel or fill dirt which are to be removed and transported by
402
the purchaser.
403
(v)
Governmental equipment auctions.
Motor
404
vehicles or other equipment purchased from a federal agency or
405
authority, another governing authority or state agency of the
406
State of Mississippi, or any governing authority or state agency
407
of another state at a public auction held for the purpose of
408
disposing of such vehicles or other equipment.
409
governing authority under the exemption authorized by this
410
subparagraph (v) shall require advance authorization spread upon
411
the minutes of the governing authority to include the listing of
412
the item or items authorized to be purchased and the maximum bid
413
authorized to be paid for each item or items.
414
(vi)
Any purchase by a
Intergovernmental sales and transfers.
415
Purchases, sales, transfers or trades by governing authorities or
416
state agencies when such purchases, sales, transfers or trades are
417
made by a private treaty agreement or through means of
418
negotiation, from any federal agency or authority, another
419
governing authority or state agency of the State of Mississippi,
420
or any state agency or governing authority of another state.
421
Nothing in this section shall permit such purchases through public
422
auction except as provided for in subparagraph (v) of this
423
section.
424
entities to dispose of and/or purchase commodities from other
It is the intent of this section to allow governmental
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425
governmental entities at a price that is agreed to by both
426
parties.
427
which may be determined to be below the market value if the
428
selling entity determines that the sale at below market value is
429
in the best interest of the taxpayers of the state.
430
authorities shall place the terms of the agreement and any
431
justification on the minutes, and state agencies shall obtain
432
approval from the Department of Finance and Administration, prior
433
to releasing or taking possession of the commodities.
This shall allow for purchases and/or sales at prices
434
(vii)
Perishable supplies or food.
Governing
Perishable
435
supplies or food purchased for use in connection with hospitals,
436
the school lunch programs, homemaking programs and for the feeding
437
of county or municipal prisoners.
438
(viii)
Single source items.
Noncompetitive items
439
available from one (1) source only.
440
purchase of noncompetitive items only available from one (1)
441
source, a certification of the conditions and circumstances
442
requiring the purchase shall be filed by the agency with the
443
Department of Finance and Administration and by the governing
444
authority with the board of the governing authority.
445
of that certification the Department of Finance and Administration
446
or the board of the governing authority, as the case may be, may,
447
in writing, authorize the purchase, which authority shall be noted
448
on the minutes of the body at the next regular meeting thereafter.
449
In those situations, a governing authority is not required to
450
obtain the approval of the Department of Finance and
451
Administration.
452
(ix)
In connection with the
Upon receipt
Waste disposal facility construction
453
contracts.
Construction of incinerators and other facilities for
454
disposal of solid wastes in which products either generated
455
therein, such as steam, or recovered therefrom, such as materials
456
for recycling, are to be sold or otherwise disposed of; however,
457
in constructing such facilities, a governing authority or agency
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458
shall publicly issue requests for proposals, advertised for in the
459
same manner as provided herein for seeking bids for public
460
construction projects, concerning the design, construction,
461
ownership, operation and/or maintenance of such facilities,
462
wherein such requests for proposals when issued shall contain
463
terms and conditions relating to price, financial responsibility,
464
technology, environmental compatibility, legal responsibilities
465
and such other matters as are determined by the governing
466
authority or agency to be appropriate for inclusion; and after
467
responses to the request for proposals have been duly received,
468
the governing authority or agency may select the most qualified
469
proposal or proposals on the basis of price, technology and other
470
relevant factors and from such proposals, but not limited to the
471
terms thereof, negotiate and enter contracts with one or more of
472
the persons or firms submitting proposals.
473
(x)
Hospital group purchase contracts.
Supplies,
474
commodities and equipment purchased by hospitals through group
475
purchase programs pursuant to Section 31-7-38.
476
(xi)
Information technology products.
Purchases
477
of information technology products made by governing authorities
478
under the provisions of purchase schedules, or contracts executed
479
or approved by the Mississippi Department of Information
480
Technology Services and designated for use by governing
481
authorities.
482
(xii)
Energy efficiency services and equipment.
483
Energy efficiency services and equipment acquired by school
484
districts, community and junior colleges, institutions of higher
485
learning and state agencies or other applicable governmental
486
entities on a shared-savings, lease or lease-purchase basis
487
pursuant to Section 31-7-14.
488
489
(xiii)
Municipal electrical utility system fuel.
Purchases of coal and/or natural gas by municipally-owned electric
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*HR03/R1377PH*
490
power generating systems that have the capacity to use both coal
491
and natural gas for the generation of electric power.
492
(xiv)
Library books and other reference materials.
493
Purchases by libraries or for libraries of books and periodicals;
494
processed film, video cassette tapes, filmstrips and slides;
495
recorded audio tapes, cassettes and diskettes; and any such items
496
as would be used for teaching, research or other information
497
distribution; however, equipment such as projectors, recorders,
498
audio or video equipment, and monitor televisions are not exempt
499
under this subparagraph.
500
(xv)
Unmarked vehicles.
Purchases of unmarked
501
vehicles when such purchases are made in accordance with
502
purchasing regulations adopted by the Department of Finance and
503
Administration pursuant to Section 31-7-9(2).
504
505
(xvi)
Election ballots.
Purchases of ballots
printed pursuant to Section 23-15-351.
506
(xvii)
Multichannel interactive video systems.
507
From and after July 1, 1990, contracts by Mississippi Authority
508
for Educational Television with any private educational
509
institution or private nonprofit organization whose purposes are
510
educational in regard to the construction, purchase, lease or
511
lease-purchase of facilities and equipment and the employment of
512
personnel for providing multichannel interactive video systems
513
(ITSF) in the school districts of this state.
514
(xviii)
Purchases of prison industry products.
515
From and after January 1, 1991, purchases made by state agencies
516
or governing authorities involving any item that is manufactured,
517
processed, grown or produced from the state's prison industries.
518
(xix)
Undercover operations equipment.
Purchases
519
of surveillance equipment or any other high-tech equipment to be
520
used by law enforcement agents in undercover operations, provided
521
that any such purchase shall be in compliance with regulations
522
established by the Department of Finance and Administration.
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523
(xx)
Junior college books for rent.
Purchases by
524
community or junior colleges of textbooks which are obtained for
525
the purpose of renting such books to students as part of a book
526
service system.
527
(xxi)
Certain school district purchases.
528
Purchases of commodities made by school districts from vendors
529
with which any levying authority of the school district, as
530
defined in Section 37-57-1, has contracted through competitive
531
bidding procedures for purchases of the same commodities.
532
(xxii)
Garbage, solid waste and sewage contracts.
533
Contracts for garbage collection or disposal, contracts for solid
534
waste collection or disposal and contracts for sewage collection
535
or disposal.
536
(xxiii)
Municipal water tank maintenance
537
contracts.
Professional maintenance program contracts for the
538
repair or maintenance of municipal water tanks, which provide
539
professional services needed to maintain municipal water storage
540
tanks for a fixed annual fee for a duration of two (2) or more
541
years.
542
(xxiv)
Purchases of Mississippi Industries for the
543
Blind products.
544
authorities involving any item that is manufactured, processed or
545
produced by the Mississippi Industries for the Blind.
546
547
Purchases made by state agencies or governing
(xxv)
Purchases of state-adopted textbooks.
Purchases of state-adopted textbooks by public school districts.
548
(xxvi)
Certain purchases under the Mississippi
549
Major Economic Impact Act.
550
provisions of Section 57-75-9(2) and (3).
551
(xxvii)
Contracts entered into pursuant to the
Used heavy or specialized machinery or
552
equipment for installation of soil and water conservation
553
practices purchased at auction.
554
machinery or equipment used for the installation and
555
implementation of soil and water conservation practices or
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Used heavy or specialized
556
measures purchased subject to the restrictions provided in
557
Sections 69-27-331 through 69-27-341.
558
Soil and Water Conservation Commission under the exemption
559
authorized by this subparagraph shall require advance
560
authorization spread upon the minutes of the commission to include
561
the listing of the item or items authorized to be purchased and
562
the maximum bid authorized to be paid for each item or items.
563
(xxviii)
Any purchase by the State
Hospital lease of equipment or services.
564
Leases by hospitals of equipment or services if the leases are in
565
compliance with paragraph (l)(ii).
566
(xxix)
Purchases made pursuant to qualified
567
cooperative purchasing agreements.
Purchases made by certified
568
purchasing offices of state agencies or governing authorities
569
under cooperative purchasing agreements previously approved by the
570
Office of Purchasing and Travel and established by or for any
571
municipality, county, parish or state government or the federal
572
government, provided that the notification to potential
573
contractors includes a clause that sets forth the availability of
574
the cooperative purchasing agreement to other governmental
575
entities.
576
cooperative purchasing agreements is determined to be in the best
577
interest of the governmental entity.
578
(xxx)
Such purchases shall only be made if the use of the
School yearbooks.
Purchases of school
579
yearbooks by state agencies or governing authorities; provided,
580
however, that state agencies and governing authorities shall use
581
for these purchases the RFP process as set forth in the
582
Mississippi Procurement Manual adopted by the Office of Purchasing
583
and Travel.
584
(xxxi)
Design-build method or the design-build
585
bridging method of contracting.
586
provisions of Section 31-11-3(9).
587
588
(n)
Term contract authorization.
purchase of:
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Contracts entered into the
*HR03/R1377PH*
All contracts for the
589
(i)
All contracts for the purchase of commodities,
590
equipment and public construction (including, but not limited to,
591
repair and maintenance), may be let for periods of not more than
592
sixty (60) months in advance, subject to applicable statutory
593
provisions prohibiting the letting of contracts during specified
594
periods near the end of terms of office.
595
period exceeding twenty-four (24) months shall also be subject to
596
ratification or cancellation by governing authority boards taking
597
office subsequent to the governing authority board entering the
598
contract.
599
(ii)
Term contracts for a
Bid proposals and contracts may include price
600
adjustment clauses with relation to the cost to the contractor
601
based upon a nationally published industry-wide or nationally
602
published and recognized cost index.
603
price adjustment clause shall be determined by the Department of
604
Finance and Administration for the state agencies and by the
605
governing board for governing authorities.
606
contract documents utilizing a price adjustment clause shall
607
contain the basis and method of adjusting unit prices for the
608
change in the cost of such commodities, equipment and public
609
construction.
610
(o)
The cost index used in a
The bid proposal and
Purchase law violation prohibition and vendor
611
penalty.
No contract or purchase as herein authorized shall be
612
made for the purpose of circumventing the provisions of this
613
section requiring competitive bids, nor shall it be lawful for any
614
person or concern to submit individual invoices for amounts within
615
those authorized for a contract or purchase where the actual value
616
of the contract or commodity purchased exceeds the authorized
617
amount and the invoices therefor are split so as to appear to be
618
authorized as purchases for which competitive bids are not
619
required.
620
misdemeanor punishable by a fine of not less than Five Hundred
621
Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00),
Submission of such invoices shall constitute a
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622
or by imprisonment for thirty (30) days in the county jail, or
623
both such fine and imprisonment.
624
submitted shall be forfeited.
625
(p)
In addition, the claim or claims
Electrical utility petroleum-based equipment
626
purchase procedure.
627
therefor, no bid firm as to price is submitted to an electric
628
utility for power transformers, distribution transformers, power
629
breakers, reclosers or other articles containing a petroleum
630
product, the electric utility may accept the lowest and best bid
631
therefor although the price is not firm.
632
(q)
When in response to a proper advertisement
Fuel management system bidding procedure.
Any
633
governing authority or agency of the state shall, before
634
contracting for the services and products of a fuel management or
635
fuel access system, enter into negotiations with not fewer than
636
two (2) sellers of fuel management or fuel access systems for
637
competitive written bids to provide the services and products for
638
the systems.
639
cannot locate two (2) sellers of such systems or cannot obtain
640
bids from two (2) sellers of such systems, it shall show proof
641
that it made a diligent, good-faith effort to locate and negotiate
642
with two (2) sellers of such systems.
643
but not be limited to, publications of a request for proposals and
644
letters soliciting negotiations and bids.
645
paragraph (q), a fuel management or fuel access system is an
646
automated system of acquiring fuel for vehicles as well as
647
management reports detailing fuel use by vehicles and drivers, and
648
the term "competitive written bid" shall have the meaning as
649
defined in paragraph (b) of this section.
650
and agencies shall be exempt from this process when contracting
651
for the services and products of a fuel management or fuel access
652
systems under the terms of a state contract established by the
653
Office of Purchasing and Travel.
H. B. No. 1274
06/HR03/R1377PH
PAGE 20 (RF\LH)
In the event that the governing authority or agency
*HR03/R1377PH*
Such proof shall include,
For purposes of this
Governing authorities
654
(r)
Solid waste contract proposal procedure.
Before
655
entering into any contract for garbage collection or disposal,
656
contract for solid waste collection or disposal or contract for
657
sewage collection or disposal, which involves an expenditure of
658
more than Fifty Thousand Dollars ($50,000.00), a governing
659
authority or agency shall issue publicly a request for proposals
660
concerning the specifications for such services which shall be
661
advertised for in the same manner as provided in this section for
662
seeking bids for purchases which involve an expenditure of more
663
than the amount provided in paragraph (c) of this section.
664
request for proposals when issued shall contain terms and
665
conditions relating to price, financial responsibility,
666
technology, legal responsibilities and other relevant factors as
667
are determined by the governing authority or agency to be
668
appropriate for inclusion; all factors determined relevant by the
669
governing authority or agency or required by this paragraph (r)
670
shall be duly included in the advertisement to elicit proposals.
671
After responses to the request for proposals have been duly
672
received, the governing authority or agency shall select the most
673
qualified proposal or proposals on the basis of price, technology
674
and other relevant factors and from such proposals, but not
675
limited to the terms thereof, negotiate and enter contracts with
676
one or more of the persons or firms submitting proposals.
677
governing authority or agency deems none of the proposals to be
678
qualified or otherwise acceptable, the request for proposals
679
process may be reinitiated.
680
of this paragraph, where a county with at least thirty-five
681
thousand (35,000) nor more than forty thousand (40,000)
682
population, according to the 1990 federal decennial census, owns
683
or operates a solid waste landfill, the governing authorities of
684
any other county or municipality may contract with the governing
685
authorities of the county owning or operating the landfill,
686
pursuant to a resolution duly adopted and spread upon the minutes
H. B. No. 1274
06/HR03/R1377PH
PAGE 21 (RF\LH)
Any
If the
Notwithstanding any other provisions
*HR03/R1377PH*
687
of each governing authority involved, for garbage or solid waste
688
collection or disposal services through contract negotiations.
689
(s)
Minority set-aside authorization.
Notwithstanding
690
any provision of this section to the contrary, any agency or
691
governing authority, by order placed on its minutes, may, in its
692
discretion, set aside not more than twenty percent (20%) of its
693
anticipated annual expenditures for the purchase of commodities
694
from minority businesses; however, all such set-aside purchases
695
shall comply with all purchasing regulations promulgated by the
696
Department of Finance and Administration and shall be subject to
697
bid requirements under this section.
698
which competitive bids are required shall be made from the lowest
699
and best minority business bidder.
700
paragraph, the term "minority business" means a business which is
701
owned by a majority of persons who are United States citizens or
702
permanent resident aliens (as defined by the Immigration and
703
Naturalization Service) of the United States, and who are Asian,
704
Black, Hispanic or Native American, according to the following
705
definitions:
706
(i)
Set-aside purchases for
For the purposes of this
"Asian" means persons having origins in any of
707
the original people of the Far East, Southeast Asia, the Indian
708
subcontinent, or the Pacific Islands.
709
710
(ii)
"Black" means persons having origins in any
black racial group of Africa.
711
(iii)
"Hispanic" means persons of Spanish or
712
Portuguese culture with origins in Mexico, South or Central
713
America, or the Caribbean Islands, regardless of race.
714
(iv)
"Native American" means persons having
715
origins in any of the original people of North America, including
716
American Indians, Eskimos and Aleuts.
717
(t)
Construction punch list restriction.
The
718
architect, engineer or other representative designated by the
719
agency or governing authority that is contracting for public
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PAGE 22 (RF\LH)
*HR03/R1377PH*
720
construction or renovation may prepare and submit to the
721
contractor only one (1) preliminary punch list of items that do
722
not meet the contract requirements at the time of substantial
723
completion and one (1) final list immediately before final
724
completion and final payment.
725
(u)
Purchase authorization clarification.
Nothing in
726
this section shall be construed as authorizing any purchase not
727
authorized by law.
728
729
SECTION 2.
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06/HR03/R1377PH
PAGE 23 (RF\LH)
*HR03/R1377PH*
ST: Public purchases; allow purchasing entity
to designate method for receiving bids on
certain.
By:
To:
Representative Reed
Education
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1423
1
2
3
4
AN ACT TO AUTHORIZE A PERSON TO BE GRANTED A HIGH SCHOOL
DIPLOMA IF THE PERSON WITHDREW FROM SCHOOL BEFORE GRADUATION AND
LATER ACHIEVED THE EQUIVALENT REQUIREMENTS FOR GRADUATION; AND FOR
RELATED PURPOSES.
5
6
SECTION 1.
Any person who has withdrawn from high school
7
before graduation may be granted a diploma from the Mississippi
8
public high school that the person last attended if the person
9
has:
10
(a)
Achieved the equivalent requirements for high
11
school graduation that existed at the time that the student would
12
have graduated; and
13
(b)
Made a request to the public high school district
14
that the person last attended in Mississippi that includes
15
relevant transcripts of course work completed.
16
17
SECTION 2.
H. B. No. 1423
06/HR03/AD4CS
PAGE 1 (RF\LH)
*HR03/AD4CS*
G1/2
ST: High school diploma; authorize for students
who withdrew before graduation and later
achieved equivalent requirements.
By:
To: Public Property;
Appropriations
Representative Weathersby
HOUSE BILL NO. 1440
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
AN ACT TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION
31-11-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE
CONSTRUCTION OF ANY NEW PUBLIC FACILITY SHALL COMPLY WITH CERTAIN
BUILDING CODE STANDARDS AS ADOPTED BY THE DEPARTMENT OF FINANCE
AND ADMINISTRATION, BUREAU OF BUILDING, GROUNDS AND REAL PROPERTY
MANAGEMENT; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND
ADMINISTRATION, BUREAU OF BUILDING, GROUNDS AND REAL PROPERTY
MANAGEMENT TO REGULATE CERTAIN BUILDING FEATURES; TO AMEND SECTION
31-11-3, MISSISSIPPI CODE OF 1972, AS AMENDED BY HOUSE BILL NO.
784, 2006 REGULAR SESSION, TO REMOVE THE AUTHORITY FOR THE
DEPARTMENT OF FINANCE AND ADMINISTRATION TO USE THE DESIGN-BUILD
METHOD OF CONTRACTING FOR CERTAIN CONSTRUCTION PROJECTS; TO
AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ALLOW
STATE INSTITUTIONS OF HIGHER LEARNING, COMMUNITY AND JUNIOR
COLLEGES, AND OTHER STATE AGENCIES TO MANAGE CONSTRUCTION PROJECTS
WITH A VALUE OF $250,000.00 OR LESS PROVIDED THAT EACH AGENCY
MEETS DEPARTMENTALLY DEVELOPED CRITERIA AND MANAGEMENT
REQUIREMENT; TO REQUIRE THE DEPARTMENT OF FINANCE AND
ADMINISTRATION TO ADOPT BUILDING CODE STANDARDS FOR NEW
CONSTRUCTION OF PUBLIC FACILITIES; AND FOR RELATED PURPOSES.
21
22
SECTION 1.
23
24
25
26
31-11-33.
(1)
For purposes of this section, the following
terms shall have the meanings hereinafter ascribed:
(a)
"Department" means the Department of Finance and
27
Administration, Bureau of Building, Grounds and Real Property
28
Management.
29
(b)
"Public facility" means any building or other
30
facility owned by the State of Mississippi, or by any agency,
31
department of the State of Mississippi, that is occupied, used or
32
under the control of the State of Mississippi, or any agency or
33
department of the State of Mississippi, or any junior college
34
district of the State of Mississippi, or the Board of Trustees of
35
State Institutions of Higher Learning of the State of Mississippi,
36
or any institution under the jurisdiction of the Board of Trustees
H. B. No. 1440
06/HR03/R1647SG
PAGE 1 (DJ\LH)
*HR03/R1647SG*
G1/2
37
of State Institutions of Higher Learning of the State of
38
Mississippi.
39
(2)
Any public facility newly constructed from and after
40
July 1, 2006, shall comply with and be built according to
41
specifications not less stringent than those required by the
42
International Code Council and such other standards as adopted by
43
the department that provide guidelines for plumbing, electrical,
44
gas, sanitary and other physical components of new building
45
construction.
46
(3)
Upon the awarding of a design contract for a new public
47
facility, the architect/engineer shall prepare drawings and
48
specifications in conformity with the code requirements in effect
49
at the time of agreement or, if the code requirements at the time
50
of the agreement are amended, then the drawings and specifications
51
shall be prepared according to the more stringent standards.
52
(4)
The department may regulate the height, number of
53
stories and size of public facilities, the percentage of the lot
54
that may be occupied, courts and other open spaces, and the
55
location and use of public facilities.
56
SECTION 2.
Section 31-11-3, Mississippi Code of 1972, as
57
amended by House Bill 784, 2006 Regular Session, is amended as
58
follows:
59
31-11-3.
(1)
60
for the purposes of carrying out the provisions of this chapter,
61
in addition to all other rights and powers granted by law, shall
62
have full power and authority to employ and compensate architects
63
or other employees necessary for the purpose of making
64
inspections, preparing plans and specifications, supervising the
65
erection of any buildings, and making any repairs or additions as
66
may be determined by the Department of Finance and Administration
67
to be necessary, pursuant to the rules and regulations of the
68
State Personnel Board.
69
and supervision of, and determine what, if any, buildings,
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PAGE 2 (DJ\LH)
The department shall have entire control
*HR03/R1647SG*
70
additions, repairs or improvements are to be made under the
71
provisions of this chapter, subject to the approval of the Public
72
Procurement Review Board.
73
(2)
The department shall have full power to erect buildings,
74
make repairs, additions or improvements, and buy materials,
75
supplies and equipment for any of the institutions or departments
76
of the state subject to the approval of the Public Procurement
77
Review Board.
78
department shall have full power and authority as directed by the
79
Legislature, or when funds have been appropriated for its use for
80
these purposes, to:
In addition to other powers conferred, the
81
(a)
Build a state office building;
82
(b)
Build suitable plants or buildings for the use and
83
housing of any state schools or institutions, including the
84
building of plants or buildings for new state schools or
85
institutions, as provided for by the Legislature;
86
87
88
(c)
Provide state aid for the construction of school
buildings;
(d)
Promote and develop the training of returned
89
veterans of the United States in all sorts of educational and
90
vocational learning to be supplied by the proper educational
91
institution of the State of Mississippi, and in so doing allocate
92
monies appropriated to it for these purposes to the Governor for
93
use by him in setting up, maintaining and operating an office and
94
employing a state director of on-the-job training for veterans and
95
the personnel necessary in carrying out Public Law No. 346 of the
96
United States;
97
98
99
100
101
102
(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, at Whitfield and in so doing
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*HR03/R1647SG*
103
acquire additional land as may be necessary, and to exercise the
104
right of eminent domain in the acquisition of this land;
105
(h)
Build and equip the Mississippi central market and
106
purchase or acquire by eminent domain, if necessary, any lands
107
needed for this purpose;
108
(i)
109
and employing center for the blind;
110
111
Build and equip suitable facilities for a training
(j)
Build and equip a gymnasium at Columbia Training
(k)
Approve or disapprove the expenditure of any money
School;
112
113
appropriated by the Legislature when authorized by the bill making
114
the appropriation;
115
116
(l)
Expend monies appropriated to it in paying the
state's part of the cost of any street paving;
117
(m)
Sell and convey state lands when authorized by the
118
Legislature, cause said lands to be properly surveyed and platted,
119
execute all deeds or other legal instruments, and do any and all
120
other things required to effectively carry out the purpose and
121
intent of the Legislature.
122
lands under the provisions of this paragraph shall be done in a
123
manner consistent with the provisions of Section 29-1-1;
124
(n)
Any transaction which involves state
Collect and receive from educational institutions
125
of the State of Mississippi monies required to be paid by these
126
institutions to the state in carrying out any veterans'
127
educational programs;
128
(o)
Purchase lands for building sites, or as additions
129
to building sites, for the erection of buildings and other
130
facilities which the department is authorized to erect, and
131
demolish and dispose of old buildings, when necessary for the
132
proper construction of new buildings.
133
involves state lands under the provisions of this paragraph shall
134
be done in a manner consistent with the provisions of Section
135
29-1-1;
H. B. No. 1440
06/HR03/R1647SG
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*HR03/R1647SG*
Any transaction which
136
(p)
Obtain business property insurance with a
137
deductible of not less than One Hundred Thousand Dollars
138
($100,000.00) on state-owned buildings under the management and
139
control of the department; and
140
(q)
In consultation with and approval by the Chairmen
141
of the Public Property Committees of the Senate and the House of
142
Representatives, enter into contracts for the purpose of providing
143
parking spaces for state employees who work in the Woolfolk
144
Building, the Carroll Gartin Justice Building or the Walter
145
Sillers Office Building.
146
shall stand repealed on July 1, 2010.
147
(3)
The provisions of this paragraph (q)
The department shall survey state-owned and
148
state-utilized buildings to establish an estimate of the costs of
149
architectural alterations, pursuant to the Americans With
150
Disabilities Act of 1990, 42 USCS, Section 12111 et seq.
151
department shall establish priorities for making the identified
152
architectural alterations and shall make known to the Legislative
153
Budget Office and to the Legislature the required cost to
154
effectuate such alterations.
155
section, the department shall use standards of accessibility that
156
are at least as stringent as any applicable federal requirements
157
and may consider:
158
(a)
The
To meet the requirements of this
Federal minimum guidelines and requirements issued
159
by the United States Architectural and Transportation Barriers
160
Compliance Board and standards issued by other federal agencies;
161
(b)
The criteria contained in the American Standard
162
Specifications for Making Buildings Accessible and Usable by the
163
Physically Handicapped and any amendments thereto as approved by
164
the American Standards Association, Incorporated (ANSI Standards);
165
(c)
Design manuals;
166
(d)
Applicable federal guidelines;
167
(e)
Current literature in the field;
168
(f)
Applicable safety standards; and
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PAGE 5 (DJ\LH)
*HR03/R1647SG*
169
170
(g)
(4)
Any applicable environmental impact statements.
The department shall observe the provisions of Section
171
31-5-23, in letting contracts and shall use Mississippi products,
172
including paint, varnish and lacquer which contain as vehicles
173
tung oil and either ester gum or modified resin (with rosin as the
174
principal base of constituents), and turpentine shall be used as a
175
solvent or thinner, where these products are available at a cost
176
not to exceed the cost of products grown, produced, prepared, made
177
or manufactured outside of the State of Mississippi.
178
(5)
The department shall have authority to accept grants,
179
loans or donations from the United States government or from any
180
other sources for the purpose of matching funds in carrying out
181
the provisions of this chapter.
182
(6)
The department shall build a wheelchair ramp at the War
183
Memorial Building which complies with all applicable federal laws,
184
regulations and specifications regarding wheelchair ramps.
185
(7)
The department shall review and preapprove all
186
architectural or engineering service contracts entered into by any
187
state agency, institution, commission, board or authority
188
regardless of the source of funding used to defray the costs of
189
the construction or renovation project for which services are to
190
be obtained.
191
apply to any architectural or engineering contract paid for by
192
self-generated funds of any of the state institutions of higher
193
learning, nor shall they apply to community college projects that
194
are funded from local funds or other nonstate sources which are
195
outside the Department of Finance and Administration's
196
appropriations or as directed by the Legislature.
197
of this subsection (7) shall not apply to any construction or
198
design projects of the State Military Department that are funded
199
from federal funds or other nonstate sources.
200
201
(8)
The provisions of this subsection (7) shall not
The provisions
The department shall have the authority to obtain
annually from the state institutions of higher learning
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*HR03/R1647SG*
202
information on all building, construction and renovation projects
203
including duties, responsibilities and costs of any architect or
204
engineer hired by any such institutions.
205
(9) * * * When funding is provided through the Bureau of
206
Building, Grounds and Real Property Management, the department may
207
authorize the state institutions of higher learning, community and
208
junior colleges, and other state agencies to manage any
209
construction or renovation project with a value not exceeding Two
210
Hundred Fifty Thousand Dollars ($250,000.00).
211
shall develop criteria for management of such projects that each
212
agency must follow in order to manage the projects.
213
that the department deems capable of managing by the criteria may
214
manage these projects.
215
agencies managing these projects to do the following:
216
217
(a)
The department
Only agencies
Additionally, the department shall require
Use standard departmentally approved contracts and
project management procedures; and
218
(b)
Conduct projects on a reimbursable basis and
219
require documentation that the department deems appropriate for
220
payment of claims.
221
completion and approval of project documentation submittals.
222
Reimbursement shall be on a one-time basis at
The department shall revoke the authority of any agency to
223
perform these project management functions if, in its opinion, an
224
agency has not followed the department's requirements for managing
225
projects.
226
shall not apply to projects funded directly to the institutions of
227
higher learning, community and junior colleges, or other state
228
agencies through separate appropriation or other means.
229
(10)
The authority granted to the department in this section
The department shall adopt building code standards for
230
the new construction of public facilities in a manner consistent
231
with the provisions of Section 31-11-33.
232
233
SECTION 3.
H. B. No. 1440
06/HR03/R1647SG
PAGE 7 (DJ\LH)
*HR03/R1647SG*
ST: Public facilities; new construction to
comply with building code standards required by
DFA.
By:
To: Conservation and Water
Resources; Ways and Means
Representatives Ishee, Ellington
HOUSE BILL NO. 1459
1
2
3
4
REVISE THE DEFINITION OF "ENERGY EFFICIENT SERVICES" FOR THE
PURPOSES OF CONTRACTING FOR OR LEASING ENERGY EFFICIENCY EQUIPMENT
OR ENERGY SERVICES BY PUBLIC ENTITIES; AND FOR RELATED PURPOSES.
5
6
SECTION 1.
7
amended as follows:
8
31-7-14.
9
10
(1)
(a)
For purposes of this section, the
following words and phrases shall have the meaning ascribed
herein, unless the context clearly indicates otherwise:
11
(i)
"Division" means the Energy Division of the
12
Mississippi Development Authority.
13
(ii)
"Energy services" or "energy efficient
14
services" means energy efficiency equipment, services relating to
15
the installation, operation and maintenance of equipment and
16
improvements reasonably required to existing or new equipment and
17
existing or new improvements and facilities including, but not
18
limited to, heating, ventilation and air conditioning systems,
19
lighting, windows, insulation and energy management controls, life
20
safety measures that provide long-term, operating-cost reductions,
21
building operation programs that reduce operating costs, other
22
energy-conservation-related improvements, including improvements
23
or equipment related to renewable energy, water and other natural
24
resources conservation, including accuracy and measurement of
25
water distribution and/or consumption, and other equipment,
26
services and improvements providing energy efficiency as
27
determined by the division.
H. B. No. 1459
06/HR40/R1502SG
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*HR40/R1502SG*
G3/5
28
(iii)
"Energy performance contract" means an
29
agreement to provide energy services which include, but are not
30
limited to, the design, installation, financing and maintenance or
31
management of the energy systems or equipment in order to improve
32
its energy efficiency.
33
performance contractor and savings from energy, operations,
34
maintenance and other cost-avoidance measures can be used to repay
35
the cost of the project.
36
(iv)
The energy savings are guaranteed by the
"Energy services contract" means an agreement
37
to provide energy services which include, but are not limited to,
38
the design, installation, financing and maintenance or management
39
of the energy systems or equipment in order to improve its energy
40
efficiency.
41
actual savings realized from the equipment.
Payments for the contract are not contingent upon the
42
(v)
"Entity" means the board of trustees of any
43
public school district, junior college, institution of higher
44
learning, publicly-owned hospital, state agency or governing
45
authority of this chapter.
46
(vi)
"Shared savings contract" means an agreement
47
where the contractor and the entity each receive a pre-agreed
48
percentage or dollar value of the energy cost savings over the
49
life of the contract.
50
(vii)
"Reduce operating costs" means elimination
51
of future expenses or avoidance of future replacement expenditures
52
as a result of new equipment installed or services performed.
53
contract that otherwise satisfies the requirements of this section
54
shall satisfy the requirements allowing use of an energy
55
performance or shared savings contract even if the sole expense
56
being eliminated is maintenance expense.
57
(b)
A
An entity may enter into a lease, energy services
58
contract or lease-purchase contracts for energy efficiency
59
equipment, services relating to the installation, operation and
60
maintenance of equipment or improvements reasonably required to
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*HR40/R1502SG*
61
existing or new equipment and existing or new improvements and
62
facilities and shall contract in accordance with the following
63
provisions:
64
(i)
An entity shall publicly issue requests for
65
proposals, advertised in the same manner as provided in Section
66
31-7-13 for seeking competitive sealed bids, concerning the
67
provision of energy efficiency services relating to the
68
installation, operation and maintenance of equipment, improvements
69
reasonably required to existing or new equipment and existing or
70
new improvements and facilities or the design, installation,
71
ownership, operation and maintenance of energy efficiency
72
equipment.
73
conditions relating to submission of proposals, evaluation and
74
selection of proposals, financial terms, legal responsibilities,
75
and any other matters as the entity determines to be appropriate
76
for inclusion.
Those requests for proposals shall contain terms and
77
(ii)
Upon receiving responses to the request for
78
proposals, the entity may select the most qualified proposal or
79
proposals on the basis of experience and qualifications of the
80
proposers, the technical approach, the financial arrangements, the
81
overall benefits to the entity and any other relevant factors
82
determined to be appropriate.
83
(iii)
An entity shall negotiate and enter into
84
contracts with the person, persons, firm or firms submitting the
85
proposal selected as the most qualified under this section.
86
(iv)
All contracts must contain the following
87
annual allocation dependency clause:
88
contract is contingent upon the appropriation of funds to fulfill
89
the requirements of the contract by the Legislature or other
90
budgeting authority.
91
authority fails to appropriate sufficient monies to provide for
92
the continuation of the contract, the contract shall terminate on
93
the last day of the fiscal year for which appropriations were
H. B. No. 1459
06/HR40/R1502SG
PAGE 3 (GT\BD)
The continuation of this
If the Legislature or other budgeting
*HR40/R1502SG*
94
made.
The termination shall be without penalty or expense to the
95
entity of any kind whatsoever, except as to the portions of
96
payments for which funds were appropriated.
97
(v)
The annual rate of interest paid under any
98
lease-purchase agreement authorized by this section shall not
99
exceed the maximum interest rate to maturity on general obligation
100
indebtedness permitted under Section 75-17-101.
101
(vi)
The maximum lease-purchase term for any
102
equipment acquired under this section shall not exceed the useful
103
life of that equipment as determined according to the upper limit
104
of the asset depreciation range (ADR) guidelines for the Class
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Life Asset Depreciation Range System established by the Internal
106
Revenue Service under the United States Internal Revenue Code and
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the regulations thereunder as in effect on December 31, 1980, or
108
comparable depreciation guidelines with respect to any equipment
109
not covered by ADR guidelines.
110
(vii)
This subsection shall, with respect to the
111
procurement of energy efficiency services and/or equipment,
112
supersede any contradictory or conflicting provisions of Chapter
113
7, Title 31, Mississippi Code of 1972, and other laws with respect
114
to awarding public contracts.
115
(2)
(a)
The division may contract with a party selected
116
under this subsection to provide financing to entities and private
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"nonprofit" hospitals, to purchase energy efficiency equipment,
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services relating to the installation, operation and maintenance
119
of equipment or improvements reasonably required to existing or
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new equipment and existing or new improvements and facilities or
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an energy saving performance contract, energy services contract,
122
or lease-purchase basis.
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contract entered into by the division before May 15, 1992, shall
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be valid and binding when the contract was entered into under this
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subsection.
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(b)
The entities and private "nonprofit" hospitals that
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decide to contract for energy efficiency equipment, services
128
relating to the installation, operation and maintenance of
129
equipment or improvements reasonably required to existing or new
130
equipment and existing or new improvements and facilities on a
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lease, energy services contract or lease-purchase basis, may
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request financial assistance from the division.
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(c)
The provisions of any energy efficiency
134
lease-purchase agreements authorized under this subsection shall
135
comply with the requirements of subparagraphs (1)(b)(iv) and (v)
136
of this section.
137
contract, energy services contract, lease or lease-purchase
138
agreement for energy efficiency services and/or equipment entered
139
into under this section shall not exceed fifteen (15) years.
140
(d)
The term of any energy services performance
Any entity or private "nonprofit" hospital having
141
approval of the division may borrow money in anticipation of
142
entering into a lease-purchase agreement pursuant to subsection
143
(2)(b) of this section.
144
conditions as may be agreed upon by the borrowing entity and the
145
party advancing interim funds; however, the principal on any
146
borrowing shall be repaid within a period of time not to exceed
147
one hundred eighty (180) days.
148
subparagraph, it is not necessary to publish notice of intention
149
to do so or to secure the consent of the qualified electors,
150
either by election or otherwise.
151
between the parties and is not required to be publicly bid, may be
152
evidenced by negotiable notes or lease and shall not be considered
153
when computing any limitation of indebtedness of the borrowing
154
entity established by law.
155
incurring any borrowing shall not exceed the principal amount of
156
the final contract or agreement approved by the division, and
157
accepted by the borrowing entity, under subsection (2)(b) of this
158
section.
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Any borrowing may be upon terms and
In borrowing money under this
Any borrowing may be negotiated
The principal, interest and costs of
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159
(e)
This subsection shall, with respect to the
160
procurement of energy efficiency services and/or equipment,
161
supersede the provisions of any contradictory or conflicting
162
provisions of Chapter 7, Title 31, Mississippi Code of 1972, and
163
other laws with respect to awarding public contracts.
164
(3)
All lease-purchase agreements authorized by this section
165
and the income from those agreements shall be exempt from all
166
taxation within the State of Mississippi, except gift, transfer
167
and inheritance taxes.
168
(4)
(a)
An entity may contract for energy efficiency
169
equipment services relating to the installation, operation or
170
171
172
facilities on a shared savings basis or performance basis.
173
(b)
If an entity decides to enter into a contract for
174
energy efficiency equipment, services relating to the
175
installation, operation or maintenance of equipment or
176
improvements reasonably required to existing or new equipment and
177
existing or new improvements and facilities on a shared savings
178
basis or performance basis, the entity shall issue a request for
179
proposals or a request for qualifications, as determined necessary
180
by the division, in the same manner as prescribed under subsection
181
(1)(b) of this section.
182
writing.
183
The entity shall notify the division in
The final contract shall be approved by the division.
(c)
The terms of any shared savings or performance
184
contract for efficiency services and/or equipment entered into
185
under this section may not exceed fifteen (15) years.
186
(d)
The terms of any shared savings or performance
187
contract entered into under this section must contain a guarantee
188
of savings clause from the company providing energy efficiency
189
equipment services relating to the installation, operation and
190
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192
facilities.
193
(5)
By September 1 of each year, each entity that receives
194
financial assistance through the energy efficiency lease program
195
shall annually report to the division its energy usage by meter in
196
dollars and consumption by fuel type for the previous fiscal year.
197
(6)
The contract may be construed to provide flexibility to
198
public agencies in structuring agreements entered into hereunder
199
so that economic benefits may be maximized.
200
201
SECTION 2.
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ST: Energy efficient services; revise
definition.
By:
To:
Representatives Watson, Scott
Ways and Means
HOUSE BILL NO. 1634
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AN ACT TO AUTHORIZE THE ISSUANCE OF STATE GENERAL OBLIGATION
BONDS FOR THE PURPOSE OF MAKING CAPITAL IMPROVEMENTS FOR CERTAIN
INSTITUTIONS OF HIGHER LEARNING AND FOR COMPLETION OF THE
SILLERS/JUSTICE BLOCK; TO AUTHORIZE THE ISSUANCE OF STATE GENERAL
OBLIGATION BONDS TO PAY THE COSTS OF REPAIR AND RENOVATION OF
STATE-OWNED BUILDINGS AND FACILITIES, REPAIR AND RENOVATION OF
BUILDINGS AND FACILITIES AT STATE INSTITUTIONS OF HIGHER LEARNING
AND REPAIR AND RENOVATION OF BUILDINGS AND FACILITIES AT COMMUNITY
AND JUNIOR COLLEGES, AND TO PROVIDE THAT THE PROCEEDS OF SUCH
BONDS SHALL BE UNDER THE CONTROL OF THE DEPARTMENT OF FINANCE AND
ADMINISTRATION; TO AUTHORIZE THE ISSUANCE OF STATE GENERAL
OBLIGATION BONDS TO PROVIDE FUNDS FOR THE STATE'S PORTION OF THE
COST SHARE FOR PUBLIC ASSISTANCE UNDER THE PRESIDENTIAL
DECLARATION OF MAJOR DISASTER FOR THE STATE OF MISSISSIPPI
(FEMA-1604-DR) DATED AUGUST 29, 2005, FOR HURRICANE OR OTHER STORM
DAMAGE TO PUBLIC FACILITIES AND INFRASTRUCTURE AS A RESULT OF
HURRICANE KATRINA, AND TO PROVIDE THAT SUCH FUNDS SHALL BE
DEPOSITED INTO THE DISASTER ASSISTANCE TRUST FUND; TO AMEND
SECTION 33-15-307, MISSISSIPPI CODE OF 1972, IN CONFORMITY
THERETO; TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS OF
THE STATE OF MISSISSIPPI IN THE AMOUNT OF $4,000,000.00 FOR THE
SOUTHERN ARTS AND ENTERTAINMENT CENTER; TO AUTHORIZE THE ISSUANCE
OF $6,000,000.00 IN STATE GENERAL OBLIGATION BONDS TO PROVIDE
FUNDS FOR CAPITAL IMPROVEMENTS AT AN ECONOMIC DEVELOPMENT AND
TOURISM DESTINATION FACILITY IN HANCOCK COUNTY, MISSISSIPPI, THAT
FEATURES A SPACE, SCIENCE AND EDUCATION CENTER; TO REQUIRE THE
COMMITMENT OF A CERTAIN AMOUNT OF PRIVATE, LOCAL OR FEDERAL FUNDS
FOR SUCH PROJECT AS A CONDITION PRECEDENT TO THE ISSUANCE OF SUCH
BONDS; TO AMEND SECTION 57-75-5, MISSISSIPPI CODE OF 1972, TO
REVISE THE DEFINITION OF THE TERM "PROJECT" UNDER THE MISSISSIPPI
MAJOR ECONOMIC IMPACT ACT; TO AMEND SECTION 57-75-15, MISSISSIPPI
CODE OF 1972, TO INCREASE THE AMOUNT OF BONDS AUTHORIZED TO BE
ISSUED UNDER THE MAJOR ECONOMIC IMPACT ACT FOR THE NASA SHARED
SERVICES CENTER AND TO AUTHORIZE THE MISSISSIPPI ECONOMIC IMPACT
AUTHORITY TO WAIVE THE REQUIREMENT FOR AN IRREVOCABLE COMMITMENT
OF FUNDS FOR THE PROJECT BY LOCAL GOVERNMENTS DUE TO THE
UNFORESEEN CIRCUMSTANCES OF HURRICANE KATRINA; TO AUTHORIZE THE
ISSUANCE OF BONDS FOR CERTAIN PROJECTS UNDER THE MISSISSIPPI MAJOR
ECONOMIC IMPACT ACT; TO AMEND SECTIONS 3 THROUGH 18, CHAPTER 541,
LAWS OF 2001, AS AMENDED, TO INCREASE THE AMOUNT OF STATE GENERAL
OBLIGATION BONDS THAT MAY BE ISSUED FOR THE PURPOSE OF PROVIDING
FUNDS FOR THE BUILDING FUND FOR THE ARTS; TO AMEND SECTION
39-11-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO
AMEND SECTIONS 210 THROUGH 226, CHAPTER 1, LAWS OF 2004 THIRD
EXTRAORDINARY SESSION, AS AMENDED, TO INCREASE THE AMOUNT OF
GENERAL OBLIGATION BONDS AUTHORIZED TO BE ISSUED FOR THE
MISSISSIPPI MUSEUM OF ART FUND; TO AMEND SECTIONS 1 THROUGH 23,
CHAPTER 541, LAWS OF 2002, AS LAST AMENDED BY CHAPTER 1, LAWS OF
2004 THIRD EXTRAORDINARY SESSION, TO REVISE THE PURPOSES FOR WHICH
CERTAIN BOND PROCEEDS MAY BE UTILIZED AND TO EXTEND THE PERIOD OF
TIME DURING WHICH BONDS AUTHORIZED UNDER SUCH SECTIONS MAY BE
ISSUED; TO AMEND SECTIONS 1 THROUGH 24, CHAPTER 522, LAWS OF 2003,
H. B. No. 1634
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PAGE 1 (BS\LH)
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AS AMENDED BY CHAPTER 1, LAWS OF 2004 THIRD EXTRAORDINARY SESSION,
TO REVISE THE PURPOSES FOR WHICH CERTAIN BOND PROCEEDS MAY BE
UTILIZED AND TO EXTEND THE PERIOD OF TIME DURING WHICH BONDS
AUTHORIZED UNDER SUCH SECTIONS MAY BE ISSUED; TO AUTHORIZE THE
ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE MISSISSIPPI COMMUNITY
HERITAGE PRESERVATION GRANT FUND; TO AMEND SECTION 39-5-145,
MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO AND TO ESTABLISH A
NEW PROGRAM WITHIN THE MISSISSIPPI COMMUNITY HERITAGE PRESERVATION
GRANT FUND TO PROVIDE GRANTS FOR HISTORICALLY APPROPRIATE
RESTORATION, REPAIR AND RENOVATION OF HISTORICALLY SIGNIFICANT
COUNTY COURTHOUSES; TO AMEND SECTION 57-64-7, MISSISSIPPI CODE OF
1972, TO REVISE THE DEFINITION OF THE TERMS "COST OF PROJECT" AND
"PROJECT" UNDER THE REGIONAL ECONOMIC DEVELOPMENT ACT; TO AMEND
SECTION 21-45-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN
PROVISIONS OF THE TAX INCREMENT FINANCING ACT SHALL NOT APPLY TO
THE PRIVATELY OWNED PORTION OF A PROJECT FOR WHICH THE MISSISSIPPI
DEVELOPMENT AUTHORITY HAS ISSUED A CERTIFICATE OF CONVENIENCE AND
NECESSITY PURSUANT TO THE REGIONAL ECONOMIC DEVELOPMENT ACT; TO
AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO TRANSFER
TO THE MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES
CERTAIN STATE-OWNED REAL PROPERTY IN THE CITY OF JACKSON,
MISSISSIPPI; AND FOR RELATED PURPOSES.
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SECTION 1.
(1)
As used in this section, the following words
77
shall have the meanings ascribed herein unless the context clearly
78
requires otherwise:
79
(a)
"Accreted value" of any bond means, as of any date
80
of computation, an amount equal to the sum of (i) the stated
81
initial value of such bond, plus (ii) the interest accrued thereon
82
from the issue date to the date of computation at the rate,
83
compounded semiannually, that is necessary to produce the
84
approximate yield to maturity shown for bonds of the same
85
maturity.
86
(b)
"State" means the State of Mississippi.
87
(c)
"Commission" means the State Bond Commission.
(a)
(i)
88
(2)
A special fund, to be designated as the "2006
89
Capital Improvements Fund," is created within the State Treasury.
90
The fund shall be maintained by the State Treasurer as a separate
91
and special fund, separate and apart from the General Fund of the
92
state.
93
fiscal year shall not lapse into the State General Fund, and any
94
interest earned or investment earnings on amounts in the fund
95
shall be deposited into such fund.
Unexpended amounts remaining in the fund at the end of a
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*HR03/R1920SG*
96
(ii)
Monies deposited into the fund shall be
97
disbursed, in the discretion of the Department of Finance and
98
Administration, with the approval of the Board of Trustees of
99
State Institutions of Higher Learning on those projects related to
100
the universities under its management and control to pay the costs
101
of capital improvements, renovation and/or repair of existing
102
facilities, furnishings and/or equipping facilities for public
103
facilities for agencies or their successors as hereinafter
104
described:
105
NAME
PROJECT
106
107
108
109
110
111
ALLOCATED
Alcorn State University........................... $
dining facility..............$ 2,000,000.00
Jackson State University.......................... $
113
of John W. Dixon Hall........$1,600,000.00
116
117
118
119
120
121
1,600,000.00
Phase II of structure,
repair and renovation
115
2,000,000.00
112
114
AMOUNT
Mississippi Valley State University............... $
2,000,000.00
the business school..........$ 2,000,000.00
Department of Finance and Administration.......... $ 18,300,000.00
Completion of the
Sillers/Justice block........$18,300,000.00
Mississippi Department of Information
Technology Services............................. $ 17,500,000.00
122
Construction, furnishing and
123
equipping of a cooperative
124
data center and a building to
125
house the Mississippi Department
126
of Information Technology Services
127
and related tenant build-out
128
and moving expenses..........$17,500,000.00
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*HR03/R1920SG*
129
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TOTAL............................................. $ 41,400,000.00
(b)
(i)
Amounts deposited into such special fund shall
131
be disbursed to pay the costs of projects described in paragraph
132
(a) of this subsection.
133
not used within four (4) years after the date the proceeds of the
134
bonds authorized under this section are deposited into the special
135
fund, then the agency or institution of higher learning for which
136
any unused monies are allocated under paragraph (a) of this
137
subsection shall provide an accounting of such unused monies to
138
the commission.
139
resolution duly adopted, that the projects described in paragraph
140
(a) of this subsection shall have been completed, abandoned, or
141
cannot be completed in a timely fashion, any amounts remaining in
142
such special fund shall be applied to pay debt service on the
143
bonds issued under this section, in accordance with the
144
proceedings authorizing the issuance of such bonds and as directed
145
by the commission.
146
If any monies in such special fund are
Promptly after the commission has certified, by
(ii)
Monies in the special fund may be used to
147
reimburse reasonable actual and necessary costs incurred by the
148
Department of Finance and Administration, acting through the
149
Bureau of Building, Grounds and Real Property Management, in
150
administering or providing assistance directly related to a
151
project described in paragraph (a) of this subsection.
152
accounting of actual costs incurred for which reimbursement is
153
sought shall be maintained for each project by the Department of
154
Finance and Administration, Bureau of Building, Grounds and Real
155
Property Management.
156
necessary costs for a project shall not exceed two percent (2%) of
157
the proceeds of bonds issued for such project.
158
for a particular project may not be used to reimburse
159
administrative costs for unrelated projects.
160
161
(c)
An
Reimbursement of reasonable actual and
Monies authorized
acting through the Bureau of Building, Grounds and Real Property
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162
Management, is expressly authorized and empowered to receive and
163
expend any local or other source funds in connection with the
164
expenditure of funds provided for in this subsection.
165
expenditure of monies deposited into the special fund shall be
166
under the direction of the Department of Finance and
167
Administration, and such funds shall be paid by the State
168
Treasurer upon warrants issued by such department, which warrants
169
shall be issued upon requisitions signed by the Executive Director
170
of the Department of Finance and Administration, or his designee.
171
(d)
The
Any amounts allocated to an agency or institution
172
of higher learning that are in excess of that needed to complete
173
the projects at such agency or institution of higher learning that
174
are described in paragraph (a) of this subsection may be used for
175
general repairs and renovations at the agency or institution of
176
higher learning to which such amount is allocated.
177
(3)
(a)
The commission, at one time, or from time to time,
178
may declare by resolution the necessity for issuance of general
179
obligation bonds of the State of Mississippi to provide funds for
180
all costs incurred or to be incurred for the purposes described in
181
this section.
182
of Finance and Administration, declaring the necessity for the
183
issuance of any part or all of the general obligation bonds
184
authorized by this section, the Department of Finance and
185
Administration shall deliver a certified copy of its resolution or
186
resolutions to the commission.
187
the commission, in its discretion, may act as the issuing agent,
188
prescribe the form of the bonds, advertise for and accept bids,
189
issue and sell the bonds so authorized to be sold and do any and
190
all other things necessary and advisable in connection with the
191
issuance and sale of such bonds.
192
under this section shall not exceed Forty-one Million Four Hundred
193
Thousand Dollars ($41,400,000.00).
194
this section after July 1, 2010.
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Upon the adoption of a resolution by the Department
Upon receipt of such resolution,
*HR03/R1920SG*
The total amount of bonds issued
No bonds shall be issued under
195
(b)
Any investment earnings on amounts deposited into
196
the special fund created in subsection (2) of this section shall
197
be used to pay debt service on bonds issued under this section, in
198
accordance with the proceedings authorizing issuance of such
199
bonds.
200
(4)
The principal of and interest on the bonds authorized
201
under this section shall be payable in the manner provided in this
202
subsection.
203
denomination or denominations, bear interest at such rate or rates
204
(not to exceed the limits set forth in Section 75-17-101,
205
Mississippi Code of 1972), be payable at such place or places
206
within or without the State of Mississippi, shall mature
207
absolutely at such time or times not to exceed twenty-five (25)
208
years from date of issue, be redeemable before maturity at such
209
time or times and upon such terms, with or without premium, shall
210
bear such registration privileges, and shall be substantially in
211
such form, all as shall be determined by resolution of the
212
commission.
213
(5)
Such bonds shall bear such date or dates, be in such
The bonds authorized by this section shall be signed by
214
the chairman of the commission, or by his facsimile signature, and
215
the official seal of the commission shall be affixed thereto,
216
attested by the secretary of the commission.
217
coupons, if any, to be attached to such bonds may be executed by
218
the facsimile signatures of such officers.
219
bonds shall have been signed by the officials designated to sign
220
the bonds who were in office at the time of such signing but who
221
may have ceased to be such officers before the sale and delivery
222
of such bonds, or who may not have been in office on the date such
223
bonds may bear, the signatures of such officers upon such bonds
224
and coupons shall nevertheless be valid and sufficient for all
225
purposes and have the same effect as if the person so officially
226
signing such bonds had remained in office until their delivery to
227
the purchaser, or had been in office on the date such bonds may
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*HR03/R1920SG*
The interest
Whenever any such
228
bear.
229
such bonds may be issued as provided in the Registered Bond Act of
230
the State of Mississippi.
231
However, notwithstanding anything herein to the contrary,
(6)
All bonds and interest coupons issued under the
232
provisions of this section have all the qualities and incidents of
233
negotiable instruments under the provisions of the Uniform
234
Commercial Code, and in exercising the powers granted by this
235
section, the commission shall not be required to and need not
236
comply with the provisions of the Uniform Commercial Code.
237
(7)
The commission shall act as the issuing agent for the
238
bonds authorized under this section, prescribe the form of the
239
bonds, advertise for and accept bids, issue and sell the bonds so
240
authorized to be sold, pay all fees and costs incurred in such
241
issuance and sale, and do any and all other things necessary and
242
advisable in connection with the issuance and sale of such bonds.
243
The commission is authorized and empowered to pay the costs that
244
are incident to the sale, issuance and delivery of the bonds
245
authorized under this section from the proceeds derived from the
246
sale of such bonds.
247
sealed bids at public sale, and for such price as it may determine
248
to be for the best interest of the State of Mississippi, but no
249
such sale shall be made at a price less than par plus accrued
250
interest to the date of delivery of the bonds to the purchaser.
251
All interest accruing on such bonds so issued shall be payable
252
semiannually or annually; however, the first interest payment may
253
be for any period of not more than one (1) year.
254
The commission shall sell such bonds on
Notice of the sale of any such bonds shall be published at
255
least one time, not less than ten (10) days before the date of
256
sale, and shall be so published in one or more newspapers
257
published or having a general circulation in the City of Jackson,
258
Mississippi, and in one or more other newspapers or financial
259
journals with a national circulation, to be selected by the
260
commission.
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261
The commission, when issuing any bonds under the authority of
262
this section, may provide that bonds, at the option of the State
263
of Mississippi, may be called in for payment and redemption at the
264
call price named therein and accrued interest on such date or
265
dates named therein.
266
(8)
The bonds issued under the provisions of this section
267
are general obligations of the State of Mississippi, and for the
268
payment thereof the full faith and credit of the State of
269
Mississippi is irrevocably pledged.
270
the Legislature are insufficient to pay the principal of and the
271
interest on such bonds as they become due, then the deficiency
272
shall be paid by the State Treasurer from any funds in the State
273
Treasury not otherwise appropriated.
274
recitals on their faces substantially covering the provisions of
275
this subsection.
276
(9)
If the funds appropriated by
All such bonds shall contain
Upon the issuance and sale of bonds under the provisions
277
of this section, the commission shall transfer the proceeds of any
278
such sale or sales to the special fund created in subsection (2)
279
of this section.
280
solely upon the order of the Department of Finance and
281
Administration under such restrictions, if any, as may be
282
contained in the resolution providing for the issuance of the
283
bonds.
284
(10)
The proceeds of such bonds shall be disbursed
The bonds authorized under this section may be issued
285
without any other proceedings or the happening of any other
286
conditions or things other than those proceedings, conditions and
287
things which are specified or required by this section.
288
resolution providing for the issuance of bonds under the
289
provisions of this section shall become effective immediately upon
290
its adoption by the commission, and any such resolution may be
291
adopted at any regular or special meeting of the commission by a
292
majority of its members.
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*HR03/R1920SG*
Any
293
(11)
The bonds authorized under the authority of this
294
section may be validated in the Chancery Court of the First
295
Judicial District of Hinds County, Mississippi, in the manner and
296
with the force and effect provided by Chapter 13, Title 31,
297
Mississippi Code of 1972, for the validation of county, municipal,
298
school district and other bonds.
299
by such statutes shall be published in a newspaper published or
300
having a general circulation in the City of Jackson, Mississippi.
301
(12)
The notice to taxpayers required
Any holder of bonds issued under the provisions of this
302
section or of any of the interest coupons pertaining thereto may,
303
either at law or in equity, by suit, action, mandamus or other
304
proceeding, protect and enforce any and all rights granted under
305
this section, or under such resolution, and may enforce and compel
306
performance of all duties required by this section to be
307
performed, in order to provide for the payment of bonds and
308
interest thereon.
309
(13)
All bonds issued under the provisions of this section
310
shall be legal investments for trustees and other fiduciaries, and
311
for savings banks, trust companies and insurance companies
312
organized under the laws of the State of Mississippi, and such
313
bonds shall be legal securities which may be deposited with and
314
shall be received by all public officers and bodies of this state
315
and all municipalities and political subdivisions for the purpose
316
of securing the deposit of public funds.
317
(14)
Bonds issued under the provisions of this section and
318
income therefrom shall be exempt from all taxation in the State of
319
Mississippi.
320
(15)
The proceeds of the bonds issued under this section
321
shall be used solely for the purposes herein provided, including
322
the costs incident to the issuance and sale of such bonds.
323
(16)
The State Treasurer is authorized, without further
324
process of law, to certify to the Department of Finance and
325
Administration the necessity for warrants, and the Department of
H. B. No. 1634
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*HR03/R1920SG*
326
Finance and Administration is authorized and directed to issue
327
such warrants, in such amounts as may be necessary to pay when due
328
the principal of, premium, if any, and interest on, or the
329
accreted value of, all bonds issued under this section; and the
330
State Treasurer shall forward the necessary amount to the
331
designated place or places of payment of such bonds in ample time
332
to discharge such bonds, or the interest thereon, on the due dates
333
thereof.
334
(17)
This section shall be deemed to be full and complete
335
authority for the exercise of the powers herein granted, but this
336
section shall not be deemed to repeal or to be in derogation of
337
any existing law of this state.
338
SECTION 2.
(1)
339
340
requires otherwise:
341
(a)
342
343
344
345
346
347
maturity.
348
(b)
349
(c)
(a)
(i)
350
(2)
A special fund to be designated as the "2006
351
Mississippi State-Owned Buildings and Community and Junior College
352
Repair and Renovation Fund" is created within the State Treasury.
353
354
355
state.
356
357
358
H. B. No. 1634
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*HR03/R1920SG*
359
(ii)
Money deposited into the fund shall be
360
361
Administration, to pay the costs of repair and renovation of
362
state-owned buildings and facilities, repair and renovation of
363
buildings and repair and renovation of buildings and facilities at
364
community and junior colleges; however, of the money deposited
365
into the fund, One Million Dollars ($1,000,000.00) shall be
366
allocated to the Mississippi Museum of Natural Science, Six
367
Hundred Thousand Dollars ($600,000.00) shall be allocated to Pearl
368
River Community College, and Nine Hundred Thousand Dollars
369
($900,000.00) shall be allocated to Mississippi Gulf Coast
370
Community College.
371
(b)
Amounts deposited into such special fund shall be
372
disbursed to pay the costs of the projects described in paragraph
373
374
375
376
fund, then the Department of Finance and Administration shall
377
provide an accounting of such unused monies to the commission.
378
Promptly after the commission has certified, by resolution duly
379
adopted, that the projects described in subsection (1) of this
380
section shall have been completed, abandoned, or cannot be
381
completed in a timely fashion, any amounts remaining in such
382
special fund shall be applied to pay debt service on the bonds
383
issued under this section, in accordance with the proceedings
384
authorizing the issuance of such bonds and as directed by the
385
commission.
386
(c)
387
388
389
390
expenditure of funds provided for in this section.
391
H. B. No. 1634
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PAGE 11 (BS\LH)
*HR03/R1920SG*
The
392
393
394
395
396
397
(3)
(a)
(i)
A special fund to be designated as the "2006
398
IHL Emergency Repair and Renovation Fund" is created within the
399
State Treasury.
400
Treasurer as a separate and special fund, separate and apart from
401
the General Fund of the state.
402
the fund at the end of a fiscal year shall not lapse into the
403
State General Fund, and any interest earned or investment earnings
404
on amounts in the fund shall be deposited into such fund.
405
The fund shall be maintained by the State
(ii)
Unexpended amounts remaining in
406
407
Administration, to pay the costs of repair and renovation of
408
buildings and facilities at state institutions of higher learning.
409
(b)
410
411
412
413
414
fund, then the Department of Finance and Administration shall
415
provide an accounting of such unused monies to the commission.
416
Promptly after the commission has certified, by resolution duly
417
adopted, that the projects described in subsection (1) of this
418
section shall have been completed, abandoned, or cannot be
419
420
421
422
423
commission.
H. B. No. 1634
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PAGE 12 (BS\LH)
*HR03/R1920SG*
424
(c)
425
426
427
428
429
430
431
432
433
434
435
(4)
(a)
The
436
437
438
439
subsections (2) and (3) of this section.
440
resolution by the Department of Finance and Administration,
441
declaring the necessity for the issuance of any part or all of the
442
general obligation bonds authorized by this subsection, the
443
Department of Finance and Administration shall deliver a certified
444
copy of its resolution or resolutions to the commission.
445
receipt of such resolution, the commission, in its discretion, may
446
act as the issuing agent, prescribe the form of the bonds,
447
advertise for and accept bids, issue and sell the bonds so
448
authorized to be sold and do any and all other things necessary
449
and advisable in connection with the issuance and sale of such
450
bonds.
451
not exceed Thirty-five Million Dollars ($35,000,000.00).
452
shall be issued under this section from and after July 1, 2010.
453
Upon the adoption of a
Upon
The total amount of bonds issued under this section shall
(b)
No bonds
454
shall be deposited into the following special funds in not more
455
than the following amounts:
H. B. No. 1634
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PAGE 13 (BS\LH)
*HR03/R1920SG*
456
(i)
The 2006 Mississippi State-Owned Buildings and
457
Community and Junior College Repair and Renovation Fund created in
458
subsection (2) of this section.................... $17,500,000.00.
459
460
(ii)
The 2006 IHL Repair and Renovation Fund
created in subsection (3) of this section......... $17,500,000.00.
461
(c)
462
the special funds created in this section shall be used to pay
463
debt service on bonds issued under this section, in accordance
464
with the proceedings authorizing issuance of such bonds.
465
(5)
466
467
subsection.
468
469
470
471
472
473
474
475
476
477
commission.
478
(6)
479
480
481
482
483
484
485
486
487
488
H. B. No. 1634
06/HR03/R1920SG
PAGE 14 (BS\LH)
*HR03/R1920SG*
The interest
Whenever any such
489
490
491
492
493
bear.
494
495
496
(7)
497
498
499
500
501
502
(8)
503
504
505
506
507
508
509
510
511
sale of such bonds.
512
513
514
515
516
517
518
519
520
521
H. B. No. 1634
06/HR03/R1920SG
PAGE 15 (BS\LH)
*HR03/R1920SG*
522
523
524
525
commission.
526
527
528
529
530
531
(9)
532
533
534
535
536
537
538
539
540
this subsection.
541
(10)
Upon the issuance and sale of bonds under the
542
provisions of this section, the commission shall transfer the
543
proceeds of any such sale or sales to the special funds created in
544
subsections (2) and (3) of this section in the amounts provided
545
for in subsection (4)(b) of this section.
546
bonds shall be disbursed solely upon the order of the Department
547
of Finance and Administration under such restrictions, if any, as
548
may be contained in the resolution providing for the issuance of
549
the bonds.
550
(11)
The proceeds of such
551
552
553
554
H. B. No. 1634
06/HR03/R1920SG
PAGE 16 (BS\LH)
*HR03/R1920SG*
Any
555
556
557
558
559
(12)
560
561
562
563
564
565
566
567
(13)
568
569
570
571
572
573
574
interest thereon.
575
(14)
576
577
578
579
580
581
582
583
(15)
584
585
Mississippi.
H. B. No. 1634
06/HR03/R1920SG
PAGE 17 (BS\LH)
*HR03/R1920SG*
586
(16)
587
588
589
(17)
590
591
592
593
594
595
596
597
598
599
thereof.
600
(18)
601
602
603
604
SECTION 3.
(1)
605
606
requires otherwise:
607
(a)
"Accreted value" of any bonds means, as of any date
608
609
610
611
612
613
maturity.
614
(b)
615
(c)
(a)
616
(2)
617
618
H. B. No. 1634
06/HR03/R1920SG
PAGE 18 (BS\LH)
*HR03/R1920SG*
619
the state's portion of the cost share for public assistance under
620
the Presidential Declaration of Major Disaster for the State of
621
Mississippi (FEMA-1604-DR) dated August 29, 2005, for hurricane or
622
other storm damage to public facilities and infrastructure as a
623
result of Hurricane Katrina.
624
the Mississippi Emergency Management Agency, declaring the
625
necessity for the issuance of any part or all of the general
626
obligation bonds authorized by this section, the Mississippi
627
Emergency Management Agency shall deliver a certified copy of its
628
resolution or resolutions to the commission.
629
resolution, the commission, in its discretion, may act as the
630
issuing agent, prescribe the form of the bonds, advertise for and
631
accept bids, issue and sell the bonds so authorized to be sold and
632
do any and all other things necessary and advisable in connection
633
with the issuance and sale of such bonds.
634
funds are made available for the purposes described in this
635
subsection, the commission may elect to reduce the amount of bonds
636
authorized to be issued under this section by the amounts so
637
received.
638
shall not exceed Fifty-one Million Dollars ($51,000,000.00).
639
bonds authorized under this section shall be issued after January
640
1, 2010.
641
Upon the adoption of a resolution by
Upon receipt of such
In the event that other
The total amount of bonds issued under this section
(b)
No
The proceeds of bonds issued pursuant to this
642
section shall be deposited into the Disaster Assistance Trust Fund
643
created pursuant to Section 33-15-307.
644
(3)
645
646
section.
647
648
649
650
651
H. B. No. 1634
06/HR03/R1920SG
PAGE 19 (BS\LH)
*HR03/R1920SG*
652
653
654
655
656
commission.
657
(4)
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
bear.
673
674
675
The interest
Whenever any such
(5)
676
677
678
679
680
681
(6)
682
683
684
H. B. No. 1634
06/HR03/R1920SG
PAGE 20 (BS\LH)
*HR03/R1920SG*
685
686
687
688
689
690
sale of such bonds.
691
692
693
694
695
696
697
698
699
700
701
702
703
704
commission.
705
706
707
708
709
710
(7)
711
712
713
714
715
716
717
H. B. No. 1634
06/HR03/R1920SG
PAGE 21 (BS\LH)
*HR03/R1920SG*
718
719
this subsection.
720
(8)
721
722
such sale or sales to the Disaster Assistance Trust Fund created
723
724
be disbursed solely upon the order of the Mississippi Emergency
725
Management Agency under such restrictions, if any, as may be
726
727
bonds.
728
(9)
The proceeds of such bonds shall
729
730
731
732
733
734
735
736
737
(10)
Any
738
739
740
741
742
743
744
745
(11)
746
747
748
749
750
H. B. No. 1634
06/HR03/R1920SG
PAGE 22 (BS\LH)
*HR03/R1920SG*
751
752
interest thereon.
753
(12)
754
755
756
757
758
759
760
761
(13)
762
763
Mississippi.
764
(14)
765
shall be used solely for the purposes therein provided, including
766
767
(15)
768
769
770
771
772
773
774
775
776
777
thereof.
778
(16)
779
authority for the exercise of the powers therein granted, but this
780
781
782
783
SECTION 4.
amended as follows:
H. B. No. 1634
06/HR03/R1920SG
PAGE 23 (BS\LH)
*HR03/R1920SG*
784
33-15-307.
(1)
The provisions of this article shall be
785
invoked only pursuant to a state of emergency declared by the
786
Governor or an emergency or major disaster declared by the
787
President, or pursuant to an executive order of the Governor, or
788
administrative order of the director, in order to provide state or
789
local government resources and personnel in compliance with the
790
provisions of the Emergency Management Assistance Compact, Section
791
45-18-1 et seq., or in nondeclared times for administrative and
792
training costs associated with state disaster response and
793
recovery programs.
794
declaration and define the area eligible for assistance and the
795
type of assistance to be provided.
796
(2)
Each declaration shall cite the cause for the
The Disaster Assistance Trust Fund is created as a
797
special fund in the State Treasury into which shall be paid any
798
funds appropriated or otherwise made available by the Legislature
799
for disaster assistance, any funds transferred from the Working
800
Cash-Stabilization Reserve Fund as provided under subsection (5)
801
of this section, any income from investment of the funds in the
802
trust fund, and federal reimbursement for administrative costs for
803
management of the Individuals and Households Program (IHP), the
804
Public Assistance Program, the Hazard Mitigation Program and
805
Disaster Reservist Program.
806
(3)
Income from investment of the funds in the trust fund,
807
and all other funds deposited therein pursuant to law, shall be
808
available for expenditure, transfer and allocation pursuant to
809
this article.
810
(4)
811
812
813
814
The Disaster Assistance Trust Fund shall be used only
for the following purposes:
(a)
The state's portion of the cost share for public
assistance under a major disaster declaration.
(b)
The state's cost share of the Individuals and
815
Households Program (IHP) pursuant to Section 33-15-209(1) under a
816
major disaster declared by the President.
H. B. No. 1634
06/HR03/R1920SG
PAGE 24 (BS\LH)
*HR03/R1920SG*
817
(c)
Administrative costs for managing the IHP Program.
818
(d)
Administrative costs for managing the Public
819
Assistance Program.
820
(e)
The State Temporary Housing Program pursuant to
821
Section 33-15-217 under a state of emergency declared by the
822
Governor.
823
(f)
Out-of-pocket expenses, including travel, per diem,
824
overtime and other similar expenses, of state or local agencies
825
when so tasked by the Governor or the director for emergency
826
response under the provisions of Section 33-15-11(b)(7) and
827
current executive orders.
828
and recovery activities, and applies to mobilization and
829
deployment of state or local agencies to another state under the
830
provisions of the Emergency Management Assistance Compact.
831
(g)
This includes actual emergency response
Costs incurred as a result of state active duty for
832
the Mississippi National Guard when so tasked by the Governor to
833
provide support to other agencies and local governments in a major
834
disaster or emergency situation, or when tasked by the Governor to
835
provide support to another state under the provisions of the
836
Emergency Management Assistance Compact.
837
838
(h)
mitigation under a major disaster declaration.
839
840
845
Administrative costs of the Hazard Mitigation
(j)
Costs incurred as a result of the implementation of
the Disaster Reservist Program under a major disaster declaration.
843
844
(i)
Program.
841
842
The state's portion of the cost share for hazard
(k)
Administrative costs of the Disaster Reservist
(l)
Costs incurred as a result of the implementation of
Program.
846
public assistance, and/or individual assistance, and/or Disaster
847
Reservist Program, and/or hazard mitigation, and/or temporary
848
housing under a Governor's state of emergency.
H. B. No. 1634
06/HR03/R1920SG
PAGE 25 (BS\LH)
*HR03/R1920SG*
849
(m)
850
assistance under a major disaster declaration for tornado or other
851
storm damage to public facilities and infrastructure occurring on
852
November 10, 2002, as provided in Sections 1 through 16 of Chapter
853
3, Third Extraordinary Session 2002.
854
(n)
Actual costs, including personnel call-back wages,
855
base and overtime wages, travel, per diem and other out-of-pocket
856
expenses incurred by regional response teams as a result of being
857
mobilized or deployed when so tasked by the Governor pursuant to
858
Section 33-15-11(b)(7), or by the director for emergency response
859
pursuant to Section 33-15-15(a).
860
(o)
861
assistance under the Presidential Declaration of Major Disaster
862
for the State of Mississippi (FEMA-1604-DR) dated August 29, 2005,
863
for hurricane or other storm damage to public facilities and
864
infrastructure as a result of Hurricane Katrina, as provided in
865
Section 3 of House Bill No. 1634, 2006 Regular Session.
866
(5)
Whenever the director determines that funds are
867
immediately needed in the Disaster Assistance Trust Fund to
868
provide for disaster assistance under this article, he shall
869
notify the Executive Director of the Department of Finance and
870
Administration of his determination and shall requisition the
871
amount of funds from the Working Cash-Stabilization Fund that are
872
needed in the trust fund, which shall be subject to the
873
limitations set forth below in this subsection.
874
he makes the requisition, the director shall notify the Lieutenant
875
Governor, the Speaker of the House of Representatives and the
876
respective Chairmen of the Senate Appropriations Committee, the
877
Senate Finance Committee, the House Appropriations Committee and
878
the House Ways and Means Committee of his determination of the
879
need for the funds and the amount that he has requisitioned.
880
receipt of such a requisition from the director, the Executive
881
Director of the Department of Finance and Administration shall
H. B. No. 1634
06/HR03/R1920SG
PAGE 26 (BS\LH)
*HR03/R1920SG*
At the same time
Upon
882
ascertain if the amount requisitioned is available in the Working
883
Cash-Stabilization Reserve Fund and is within the limitations set
884
forth below in this subsection and, if it is, he shall transfer
885
that amount from the Working Cash-Stabilization Reserve Fund to
886
the trust fund.
887
amount available in the Working Cash-Stabilization Fund or above
888
the limitations set forth below in this subsection, the executive
889
director shall transfer the amount that is available within the
890
limitations.
891
Working Cash-Stabilization Reserve Fund to the trust fund for any
892
one (1) disaster occurrence shall be Five Hundred Thousand Dollars
893
($500,000.00) and the maximum amount that may be transferred
894
during any fiscal year shall be One Million Dollars
895
($1,000,000.00).
896
(6)
If the amount requisitioned is more than the
The maximum amount that may be transferred from the
Unexpended state funds in the Disaster Assistance Trust
897
Fund at the end of a fiscal year shall not lapse into the State
898
General Fund but shall remain in the trust fund for use under this
899
article for as long as the funds are needed for the particular
900
purpose for which they were appropriated, deposited or transferred
901
into the trust fund.
902
no longer needed for the particular purpose for which they were
903
appropriated, deposited or transferred into the trust fund, the
904
director may use those funds for any other purpose under this
905
article for which they currently are needed and for which other
906
funds are not available.
907
funds for any purpose under this article, the funds and the income
908
earned from the investment of the funds shall be transferred back
909
to the particular fund or funds in the State Treasury from which
910
they were appropriated or transferred into the trust fund, upon
911
certification of the director to the Executive Director of the
912
Department of Finance and Administration that the funds are not
913
currently needed; however, if such funds are derived from the
914
proceeds of general obligation bonds issued by the state under
H. B. No. 1634
06/HR03/R1920SG
PAGE 27 (BS\LH)
After any state funds in the trust fund are
If there is no current need for such
*HR03/R1920SG*
915
Section 3 of House Bill No. 1634, 2006 Regular Session, such
916
excess funds and the income earned from such funds shall be
917
utilized to pay the debt service on such bonds.
918
SECTION 5.
(1)
919
920
requires otherwise:
921
(a)
922
923
924
925
926
927
maturity.
928
(b)
929
(c)
(a)
(i)
930
(2)
A special fund, to be designated as the "2006
931
Southern Arts and Entertainment Center Fund" is created within the
932
State Treasury.
933
934
935
936
937
938
(ii)
Money deposited into the fund shall be
939
940
Administration, to pay the costs of construction, furnishing,
941
equipping and repairs and renovations at the Southern Arts and
942
Entertainment Center created in Section 39-25-1.
943
(b)
944
945
946
certified, by resolution duly adopted, that the projects described
947
in subsection (1) shall have been completed, abandoned, or cannot
H. B. No. 1634
06/HR03/R1920SG
PAGE 28 (BS\LH)
Promptly after the commission has
*HR03/R1920SG*
948
be completed in a timely fashion, any amounts remaining in such
949
950
951
952
commission.
953
(c)
954
955
956
957
expenditure of funds provided for in this subsection.
958
959
960
961
962
963
964
(3)
(a)
The
965
966
967
968
subsection (2) of this section.
969
this section until the Department of Finance and Administration is
970
provided proof that the matching funds described in this
971
subsection from private sources have been irrevocably dedicated
972
and are readily available to the project in the amount of not less
973
than Eight Million Dollars ($8,000,000.00).
974
may be provided in the form of cash or in-kind contributions or
975
any combination of cash or in-kind contributions.
976
adoption of a resolution by the Department of Finance and
977
Administration, declaring that funds have been irrevocably
978
dedicated and are readily available in the required amount and
979
980
general obligation bonds authorized by this subsection, the
H. B. No. 1634
06/HR03/R1920SG
PAGE 29 (BS\LH)
*HR03/R1920SG*
The matching funds
Upon the
981
department shall deliver a certified copy of its resolution or
982
983
984
985
986
987
988
under this section shall not exceed Four Million Dollars
989
($4,000,000.00).
990
991
(b)
No bonds shall be issued under this section from
992
993
994
995
bonds.
996
(4)
997
998
subsection.
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
commission.
1009
(5)
1010
1011
1012
1013
H. B. No. 1634
06/HR03/R1920SG
PAGE 30 (BS\LH)
*HR03/R1920SG*
The interest
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
bear.
1025
1026
1027
Whenever any such
(6)
1028
1029
1030
1031
1032
1033
(7)
1034
1035
1036
1037
1038
1039
1040
1041
1042
sale of such bonds.
1043
1044
1045
1046
H. B. No. 1634
06/HR03/R1920SG
PAGE 31 (BS\LH)
*HR03/R1920SG*
1047
1048
1049
1050
1051
least one (1) time, not less than ten (10) days before the date of
1052
1053
1054
1055
1056
commission.
1057
1058
1059
1060
1061
1062
(8)
1063
1064
1065
1066
1067
1068
1069
1070
1071
this subsection.
1072
(9)
1073
1074
such sale or sales to the special fund created in subsection (2)
1075
of this section.
1076
solely upon the order of the Department of Finance and
1077
Administration under such restrictions, if any, as may be
1078
1079
bonds.
H. B. No. 1634
06/HR03/R1920SG
PAGE 32 (BS\LH)
The proceeds of such bonds shall be disbursed
*HR03/R1920SG*
1080
(10)
1081
1082
1083
1084
1085
1086
1087
1088
1089
(11)
Any
1090
1091
1092
1093
1094
1095
1096
1097
(12)
1098
1099
1100
1101
1102
1103
1104
interest thereon.
1105
(13)
1106
1107
1108
1109
1110
1111
1112
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*HR03/R1920SG*
1113
(14)
1114
1115
Mississippi.
1116
(15)
1117
1118
1119
(16)
1120
1121
1122
1123
1124
1125
1126
1127
1128
1129
thereof.
1130
(17)
1131
1132
1133
1134
SECTION 6.
(1)
1135
1136
requires otherwise:
1137
(a)
1138
1139
1140
1141
1142
1143
maturity.
1144
(b)
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*HR03/R1920SG*
1145
(c)
"Project" means an economic development and tourism
1146
destination facility in Hancock County, Mississippi, that will
1147
feature a space, science and education center.
1148
project facilities is to be vested in the National Aeronautics and
1149
Space Administration.
The title to the
1150
(d)
1151
(e)
"Authority" means the Mississippi Development
1152
1153
Authority.
(2)
The authority may use the proceeds from general
1154
obligation bonds issued under this section for the project as it
1155
considers necessary to further the project.
1156
(3)
(a)
(i)
A special fund, to be designated as the
1157
"Infinity Space, Science and Education Center Fund," is created
1158
within the State Treasury.
1159
State Treasurer as a separate and special fund, separate and apart
1160
from the General Fund of the state.
1161
in the fund at the end of a fiscal year shall not lapse into the
1162
1163
1164
(ii)
The fund shall be maintained by the
Unexpended amounts remaining
1165
disbursed, in the discretion of the authority, to pay the costs
1166
incurred for the construction, furnishing and equipping the
1167
project.
1168
(b)
1169
disbursed to pay the costs of the project.
1170
special fund are not used within four (4) years after the date the
1171
proceeds of the bonds authorized under this section are deposited
1172
into such fund, then the authority shall provide an accounting of
1173
such unused monies to the commission.
1174
commission has certified, by resolution duly adopted, that the
1175
project shall have been completed, abandoned, or cannot be
1176
1177
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*HR03/R1920SG*
If any monies in the
Promptly after the
1178
1179
1180
commission.
1181
project, the authority shall require that the National Aeronautics
1182
and Space Administration enter into binding commitments regarding
1183
at least the following:
Before monies in the special fund may be used for the
1184
(i)
That a certain minimum number of jobs will be
1185
created over a certain period of time as determined by the
1186
authority (which jobs must be held by persons eligible for
1187
employment in the United States under applicable state and federal
1188
law); and
1189
(ii)
That if any such commitments are not
1190
satisfied, an amount equal to all or a portion of the funds
1191
provided by the state under this section as determined by the
1192
authority shall be repaid.
1193
(4)
(a)
1194
1195
1196
1197
1198
this section until the authority is provided proof that the funds
1199
from private, local or federal sources have been irrevocably
1200
dedicated to the project in the amount of not less than Six
1201
Million Dollars ($6,000,000.00).
1202
resolution by the authority, declaring that funds have been
1203
irrevocably dedicated in the required amount and declaring the
1204
1205
obligation bonds authorized by this subsection, the authority
1206
shall deliver a certified copy of its resolution or resolutions to
1207
the commission.
1208
in its discretion, may act as the issuing agent, prescribe the
1209
form of the bonds, advertise for and accept bids, issue and sell
1210
the bonds so authorized to be sold and do any and all other things
H. B. No. 1634
06/HR03/R1920SG
PAGE 36 (BS\LH)
Upon receipt of such resolution, the commission,
*HR03/R1920SG*
1211
necessary and advisable in connection with the issuance and sale
1212
of such bonds.
1213
section shall not exceed Six Million Dollars ($6,000,000.00).
1214
bonds shall be issued under this section after July 1, 2010.
1215
(b)
The total amount of bonds issued under this
No
1216
1217
1218
1219
bonds.
1220
(5)
1221
1222
subsection.
1223
1224
1225
1226
1227
absolutely at such time or times not to exceed twenty (20) years
1228
from date of issue, be redeemable before maturity at such time or
1229
times and upon such terms, with or without premium, shall bear
1230
such registration privileges, and shall be substantially in such
1231
form, all as shall be determined by resolution of the commission.
1232
(6)
1233
1234
1235
1236
1237
1238
1239
1240
1241
1242
1243
H. B. No. 1634
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*HR03/R1920SG*
The interest
Whenever any such
1244
1245
1246
1247
bear.
1248
1249
1250
(7)
1251
1252
1253
1254
1255
1256
(8)
1257
1258
1259
1260
1261
1262
1263
1264
1265
sale of such bonds.
1266
1267
1268
1269
1270
1271
1272
1273
1274
1275
1276
H. B. No. 1634
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PAGE 38 (BS\LH)
*HR03/R1920SG*
1277
1278
1279
commission.
1280
1281
1282
1283
1284
1285
(9)
1286
1287
1288
1289
the Legislature for such purposes are insufficient to pay the
1290
principal of and the interest on such bonds as they become due,
1291
then the deficiency shall be paid by the State Treasurer from any
1292
funds in the State Treasury not otherwise appropriated.
1293
bonds shall contain recitals on their faces substantially covering
1294
the provisions of this subsection.
1295
(10)
All such
1296
provisions of this section, the commission shall transfer the
1297
proceeds of any such sale or sales to the special fund created in
1298
1299
be disbursed solely upon the order of the authority under such
1300
restrictions, if any, as may be contained in the resolution
1301
providing for the issuance of the bonds.
1302
(11)
The proceeds of such bonds shall
1303
1304
1305
1306
1307
1308
H. B. No. 1634
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PAGE 39 (BS\LH)
*HR03/R1920SG*
Any
1309
1310
1311
(12)
1312
1313
1314
1315
1316
1317
1318
1319
(13)
1320
1321
1322
1323
1324
1325
1326
interest thereon.
1327
(14)
1328
1329
1330
1331
1332
1333
1334
1335
(15)
1336
1337
Mississippi.
1338
(16)
1339
shall be used solely for the purposes provided in this section,
1340
including the costs incident to the issuance and sale of such
1341
bonds.
H. B. No. 1634
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PAGE 40 (BS\LH)
*HR03/R1920SG*
1342
(17)
1343
1344
1345
1346
1347
1348
1349
1350
1351
1352
thereof.
1353
(18)
1354
1355
1356
1357
SECTION 7.
1358
amended as follows:
1359
57-75-5.
Words and phrases used in this chapter shall have
1360
meanings as follows, unless the context clearly indicates a
1361
different meaning:
1362
1363
1364
1365
1366
(a)
"Act" means the Mississippi Major Economic Impact
Act as originally enacted or as hereafter amended.
(b)
"Authority" means the Mississippi Major Economic
Impact Authority created pursuant to the act.
(c)
"Bonds" means general obligation bonds, interim
1367
notes and other evidences of debt of the State of Mississippi
1368
issued pursuant to this chapter.
1369
(d)
"Facility related to the project" means and
1370
includes any of the following, as the same may pertain to the
1371
project within the project area:
1372
potable and industrial water supply systems, sewage and waste
1373
disposal systems and water, natural gas and electric transmission
1374
systems to the site of the project; (ii) airports, airfields and
H. B. No. 1634
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PAGE 41 (BS\LH)
*HR03/R1920SG*
(i) facilities to provide
1375
air terminals; (iii) rail lines; (iv) port facilities; (v)
1376
highways, streets and other roadways; (vi) public school
1377
buildings, classrooms and instructional facilities, training
1378
facilities and equipment, including any functionally related
1379
facilities; (vii) parks, outdoor recreation facilities and
1380
athletic facilities; (viii) auditoriums, pavilions, campgrounds,
1381
art centers, cultural centers, folklore centers and other public
1382
facilities; (ix) health care facilities, public or private; and
1383
(x) fire protection facilities, equipment and elevated water
1384
tanks.
1385
(e)
"Person" means any natural person, corporation,
1386
association, partnership, receiver, trustee, guardian, executor,
1387
administrator, fiduciary, governmental unit, public agency,
1388
political subdivision, or any other group acting as a unit, and
1389
the plural as well as the singular.
1390
(f)
1391
"Project" means:
(i)
Any industrial, commercial, research and
1392
development, warehousing, distribution, transportation,
1393
processing, mining, United States government or tourism enterprise
1394
together with all real property required for construction,
1395
maintenance and operation of the enterprise with an initial
1396
capital investment of not less than Three Hundred Million Dollars
1397
($300,000,000.00) from private or United States government sources
1398
together with all buildings, and other supporting land and
1399
facilities, structures or improvements of whatever kind required
1400
or useful for construction, maintenance and operation of the
1401
enterprise; or with an initial capital investment of not less than
1402
One Hundred Fifty Million Dollars ($150,000,000.00) from private
1403
or United States government sources together with all buildings
1404
and other supporting land and facilities, structures or
1405
improvements of whatever kind required or useful for construction,
1406
maintenance and operation of the enterprise and which creates at
1407
least one thousand (1,000) net new full-time jobs; or which
H. B. No. 1634
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PAGE 42 (BS\LH)
*HR03/R1920SG*
1408
creates at least one thousand (1,000) net new full-time jobs which
1409
provides an average salary, excluding benefits which are not
1410
subject to Mississippi income taxation, of at least one hundred
1411
twenty-five percent (125%) of the most recently published average
1412
annual wage of the state as determined by the Mississippi
1413
Department of Employment Security.
1414
addition to or expansion of an existing enterprise if such
1415
addition or expansion has an initial capital investment of not
1416
less than Three Hundred Million Dollars ($300,000,000.00) from
1417
private or United States government sources, or has an initial
1418
capital investment of not less than One Hundred Fifty Million
1419
Dollars ($150,000,000.00) from private or United States government
1420
sources together with all buildings and other supporting land and
1421
facilities, structures or improvements of whatever kind required
1422
or useful for construction, maintenance and operation of the
1423
enterprise and which creates at least one thousand (1,000) net new
1424
full-time jobs; or which creates at least one thousand (1,000) net
1425
new full-time jobs which provides an average salary, excluding
1426
benefits which are not subject to Mississippi income taxation, of
1427
at least one hundred twenty-five percent (125%) of the most
1428
recently published average annual wage of the state as determined
1429
by the Mississippi Department of Employment Security.
1430
shall also include any ancillary development or business resulting
1431
from the enterprise, of which the authority is notified, within
1432
three (3) years from the date that the enterprise entered into
1433
commercial production, that the project area has been selected as
1434
the site for the ancillary development or business.
1435
(ii)
1.
"Project" shall include any
"Project"
Any major capital project designed to
1436
improve, expand or otherwise enhance any active duty or reserve
1437
United States armed services bases and facilities or any major
1438
Mississippi National Guard training installations, their support
1439
areas or their military operations, upon designation by the
1440
authority that any such base was or is at risk to be recommended
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PAGE 43 (BS\LH)
*HR03/R1920SG*
1441
for closure or realignment pursuant to the Defense Base Closure
1442
and Realignment Act of 1990, as amended, or other applicable
1443
federal law; or any major development project determined by the
1444
authority to be necessary to acquire or improve base properties
1445
and to provide employment opportunities through construction of
1446
projects as defined in Section 57-3-5, which shall be located on
1447
or provide direct support service or access to such military
1448
installation property in the event of closure or reduction of
1449
military operations at the installation.
1450
2.
Any major study or investigation related
1451
to such a facility, installation or base, upon a determination by
1452
the authority that the study or investigation is critical to the
1453
expansion, retention or reuse of the facility, installation or
1454
base.
1455
3.
Any project as defined in Section 57-3-5,
1456
any business or enterprise determined to be in the furtherance of
1457
the public purposes of this act as determined by the authority or
1458
any facility related to such project each of which shall be,
1459
directly or indirectly, related to any military base or other
1460
military-related facility no longer operated by the United States
1461
armed services or the Mississippi National Guard.
1462
(iii)
Any enterprise to be maintained, improved or
1463
constructed in Tishomingo County by or for a National Aeronautics
1464
and Space Administration facility in such county.
1465
(iv)
1.
Any major capital project with an initial
1466
capital investment from private sources of not less than Seven
1467
Hundred Fifty Million Dollars ($750,000,000.00) which will create
1468
at least three thousand (3,000) jobs meeting criteria established
1469
by the Mississippi Development Authority.
1470
2.
"Project" shall also include any ancillary
1471
development or business resulting from an enterprise operating a
1472
project as defined in item 1 of this paragraph (f)(iv), of which
1473
the authority is notified, within three (3) years from the date
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PAGE 44 (BS\LH)
*HR03/R1920SG*
1474
that the enterprise entered into commercial production, that the
1475
state has been selected as the site for the ancillary development
1476
or business.
1477
(v)
Any manufacturing, processing or industrial
1478
project determined by the authority, in its sole discretion, to
1479
contribute uniquely and significantly to the economic growth and
1480
development of the state, and which meets the following criteria:
1481
1.
The project shall create at least two
1482
thousand (2,000) net new full-time jobs meeting criteria
1483
established by the authority, which criteria shall include, but
1484
not be limited to, the requirement that such jobs must be held by
1485
persons eligible for employment in the United States under
1486
applicable state and federal law.
1487
2.
The project and any facility related to
1488
the project shall include a total investment from private sources
1489
of not less than Sixty Million Dollars ($60,000,000.00), or from
1490
any combination of sources of not less than Eighty Million Dollars
1491
($80,000,000.00).
1492
(vi)
Any real property owned or controlled by the
1493
National Aeronautics and Space Administration, the United States
1494
government, or any agency thereof, which is legally conveyed to
1495
the State of Mississippi or to the State of Mississippi for the
1496
benefit of the Mississippi Major Economic Impact Authority, its
1497
successors and assigns pursuant to Section 212 of Public Law
1498
104-99, enacted January 26, 1996 (110 Stat. 26 at 38).
1499
(vii)
Any major capital project related to the
1500
establishment, improvement, expansion and/or other enhancement of
1501
any active duty military installation and having a minimum capital
1502
investment from any source or combination of sources other than
1503
the State of Mississippi of at least Forty Million Dollars
1504
($40,000,000.00), and which will create at least four hundred
1505
(400) military installation related full-time jobs, which jobs may
1506
be military jobs, civilian jobs or a combination of military and
H. B. No. 1634
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PAGE 45 (BS\LH)
*HR03/R1920SG*
1507
civilian jobs.
1508
commitments be entered into requiring that the minimum
1509
requirements for the project provided for in this subparagraph
1510
shall be met not later than July 1, 2008.
1511
The authority shall require that binding
(viii)
1512
capital investment from any source or combination of sources of
1513
not less than Ten Million Dollars ($10,000,000.00) which will
1514
create at least eighty (80) full-time jobs which provide an
1515
average annual salary, excluding benefits which are not subject to
1516
Mississippi income taxes, of at least one hundred thirty-five
1517
percent (135%) of the most recently published average annual wage
1518
of the state or the most recently published average annual wage of
1519
the county in which the project is located as determined by the
1520
Mississippi Department of Employment Security, whichever is the
1521
lesser.
1522
entered into requiring that:
The authority shall require that binding commitments be
1523
1524
1.
The minimum requirements for the project
provided for in this subparagraph shall be met, and
1525
2.
That if such commitments are not met, all
1526
or a portion of the funds provided by the state for the project as
1527
determined by the authority shall be repaid.
1528
(ix)
Any regional retail shopping mall with an
1529
initial capital investment from private sources in excess of One
1530
Hundred Fifty Million Dollars ($150,000,000.00), with a square
1531
footage in excess of eight hundred thousand (800,000) square feet,
1532
which will create at least seven hundred (700) full-time jobs with
1533
an average hourly wage of Eleven Dollars ($11.00) per hour.
1534
authority shall require that binding commitments be entered into
1535
requiring that:
1536
1537
1.
H. B. No. 1634
06/HR03/R1920SG
PAGE 46 (BS\LH)
The
*HR03/R1920SG*
1538
2.
1539
1540
1541
(x)
1542
1543
not less than Seventy-five Million Dollars ($75,000,000.00) which
1544
will create at least one hundred twenty-five (125) full-time jobs
1545
which provide an average annual salary, excluding benefits which
1546
are not subject to Mississippi income taxes, of at least one
1547
hundred thirty-five percent (135%) of the most recently published
1548
average annual wage of the state or the most recently published
1549
average annual wage of the county in which the project is located
1550
as determined by the Mississippi Department of Employment
1551
Security, whichever is the greater.
1552
that binding commitments be entered into requiring that:
1553
1554
1.
The authority shall require
provided for in this subparagraph shall be met; and
1555
2.
1556
1557
1558
1559
(xi)
Any potential major capital project that the
authority has determined is feasible to recruit.
1560
(xii)
Any project built according to the
1561
specifications and federal provisions set forth by the National
1562
Aeronautics and Space Administration Center Operations Directorate
1563
at Stennis Space Center for the purpose of consolidating common
1564
services from National Aeronautics and Space Administration
1565
centers in human resources, procurement, financial management and
1566
information technology located on land owned or controlled by the
1567
National Aeronautics and Space Administration, which will create
1568
at least four hundred seventy (470) full-time jobs.
1569
1570
(xiii)
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PAGE 47 (BS\LH)
*HR03/R1920SG*
1571
not less than Ten Million Dollars ($10,000,000.00) which will
1572
create at least two hundred fifty (250) full-time jobs.
1573
1574
requiring that:
1575
1576
1.
The
1577
2.
1578
1579
1580
(xiv)
Any major pharmaceutical facility with a
1581
capital investment of not less than Fifty Million Dollars
1582
($50,000,000.00) made after July 1, 2002, through four (4) years
1583
after the initial date of any loan or grant made by the authority
1584
for such project, which will maintain at least seven hundred fifty
1585
(750) full-time employees.
1586
binding commitments be entered into requiring that:
1587
1588
1.
The authority shall require that
1589
2.
1590
1591
1592
(xv)
Any pharmaceutical manufacturing, packaging
1593
and distribution facility with an initial capital investment from
1594
any local or federal sources of not less than Five Hundred
1595
Thousand Dollars ($500,000.00) which will create at least ninety
1596
(90) full-time jobs.
1597
commitments be entered into requiring that:
1598
1.
1599
1600
2.
1601
1602
H. B. No. 1634
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PAGE 48 (BS\LH)
*HR03/R1920SG*
1603
(xvi)
Any major industrial wood processing
1604
facility with an initial capital investment of not less than One
1605
Hundred Million Dollars ($100,000,000.00) which will create at
1606
least one hundred twenty-five (125) full-time jobs which provide
1607
an average annual salary, excluding benefits which are not subject
1608
to Mississippi income taxes, of at least Thirty Thousand Dollars
1609
($30,000.00).
1610
commitments be entered into requiring that:
1611
1.
1612
1613
2.
1614
1615
1616
(xvii)
Any technical, engineering,
1617
manufacturing-logistic service provider with an initial capital
1618
investment of not less than One Million Dollars ($1,000,000.00)
1619
which will create at least ninety (90) full-time jobs.
1620
1621
requiring that:
1622
1623
1.
The
1624
2.
1625
1626
1627
(xviii)
1628
capital investment from any source or combination of sources other
1629
than the State of Mississippi of not less than Six Hundred Million
1630
Dollars ($600,000,000.00) which will create at least four hundred
1631
fifty (450) full-time jobs with an average annual salary,
1632
excluding benefits which are not subject to Mississippi income
1633
taxes, of at least Seventy Thousand Dollars ($70,000.00).
1634
1635
requiring that:
H. B. No. 1634
06/HR03/R1920SG
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*HR03/R1920SG*
The
1636
1637
1.
1638
2.
1639
1640
1641
(xix)
Any major coal and/or petroleum coke
1642
gasification project with an initial capital investment from any
1643
source or combination of sources other than the State of
1644
Mississippi of not less than Eight Hundred Million Dollars
1645
($800,000,000.00), which will create at least two hundred (200)
1646
full-time jobs with an average annual salary, excluding benefits
1647
which are not subject to Mississippi income taxes, of at least
1648
Forty-five Thousand Dollars ($45,000.00).
1649
require that binding commitments be entered into requiring that:
1650
1651
1.
The authority shall
1652
2.
1653
1654
1655
(g)
"Project area" means the project site, together
1656
with any area or territory within the state lying within
1657
sixty-five (65) miles of any portion of the project site whether
1658
or not such area or territory be contiguous; however, for the
1659
project defined in paragraph (f)(iv) of this section the term
1660
"project area" means any area or territory within the state.
1661
project area shall also include all territory within a county if
1662
any portion of such county lies within sixty-five (65) miles of
1663
any portion of the project site.
1664
property on which the principal facilities of the enterprise will
1665
operate.
1666
(h)
1667
1668
"Project site" means the real
"Public agency" means:
(i)
Any department, board, commission, institution
or other agency or instrumentality of the state;
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The
*HR03/R1920SG*
1669
(ii)
Any city, town, county, political
1670
subdivision, school district or other district created or existing
1671
under the laws of the state or any public agency of any such city,
1672
town, county, political subdivision or district or any other
1673
public entity created or existing under local and private
1674
legislation;
1675
1676
(iii)
Any department, commission, agency or
instrumentality of the United States of America; and
1677
(iv)
Any other state of the United States of
1678
America which may be cooperating with respect to location of the
1679
project within the state, or any agency thereof.
1680
(i)
"State" means State of Mississippi.
1681
(j)
"Fee-in-lieu" means a negotiated fee to be paid by
1682
the project in lieu of any franchise taxes imposed on the project
1683
by Chapter 13, Title 27, Mississippi Code of 1972.
1684
fee-in-lieu shall not be less than Twenty-five Thousand Dollars
1685
($25,000.00) annually.
1686
enterprise operating an existing project defined in Section
1687
57-75-5(f)(iv)1; however, a fee-in-lieu shall not be negotiated
1688
for other existing enterprises that fall within the definition of
1689
the term "project."
1690
SECTION 8.
1691
amended as follows:
1692
57-75-15.
The
A fee-in-lieu may be negotiated with an
(1)
Upon notification to the authority by the
1693
enterprise that the state has been finally selected as the site
1694
for the project, the State Bond Commission shall have the power
1695
and is hereby authorized and directed, upon receipt of a
1696
declaration from the authority as hereinafter provided, to borrow
1697
money and issue general obligation bonds of the state in one or
1698
more series for the purposes herein set out.
1699
notification, the authority may thereafter from time to time
1700
declare the necessity for the issuance of general obligation bonds
1701
as authorized by this section and forward such declaration to the
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*HR03/R1920SG*
Upon such
1702
State Bond Commission, provided that before such notification, the
1703
authority may enter into agreements with the United States
1704
government, private companies and others that will commit the
1705
authority to direct the State Bond Commission to issue bonds for
1706
eligible undertakings set out in subsection (4) of this section,
1707
conditioned on the siting of the project in the state.
1708
(2)
Upon receipt of any such declaration from the authority,
1709
the State Bond Commission shall verify that the state has been
1710
selected as the site of the project and shall act as the issuing
1711
agent for the series of bonds directed to be issued in such
1712
declaration pursuant to authority granted in this section.
1713
(3)
(a)
Bonds issued under the authority of this section
1714
for projects as defined in Section 57-75-5(f)(i) shall not exceed
1715
an aggregate principal amount in the sum of Sixty-seven Million
1716
Three Hundred Fifty Thousand Dollars ($67,350,000.00).
1717
(b)
1718
for projects as defined in Section 57-75-5(f)(ii) shall not exceed
1719
Sixty-one Million Dollars ($61,000,000.00).
1720
the express direction of the State Bond Commission, is authorized
1721
to expend any remaining proceeds of bonds issued under the
1722
authority of this act prior to January 1, 1998, for the purpose of
1723
financing projects as then defined in Section 57-75-5(f)(ii) or
1724
for any other projects as defined in Section 57-75-5(f)(ii), as it
1725
may be amended from time to time.
1726
proceeds derived from the disposition of any improvements located
1727
on real property in Kemper County purchased pursuant to this act
1728
for projects related to the NAAS and if there are any monetary
1729
proceeds derived from the disposition of any timber located on
1730
real property in Kemper County purchased pursuant to this act for
1731
projects related to the NAAS, all of such proceeds (both from the
1732
disposition of improvements and the disposition of timber)
1733
commencing July 1, 1996, through June 30, 2010, shall be paid to
1734
the Board of Education of Kemper County, Mississippi, for
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The authority, with
If there are any monetary
1735
expenditure by such board of education to benefit the public
1736
schools of Kemper County.
1737
paragraph (b) until the State Bond Commission by resolution adopts
1738
a finding that the issuance of such bonds will improve, expand or
1739
otherwise enhance the military installation, its support areas or
1740
military operations, or will provide employment opportunities to
1741
replace those lost by closure or reductions in operations at the
1742
military installation or will support critical studies or
1743
investigations authorized by Section 57-75-5(f)(ii).
1744
(c)
No bonds shall be issued under this
1745
for projects as defined in Section 57-75-5(f)(iii) shall not
1746
exceed Ten Million Dollars ($10,000,000.00).
1747
issued under this paragraph after December 31, 1996.
1748
(d)
No bonds shall be
1749
for projects defined in Section 57-75-5(f)(iv) shall not exceed
1750
Three Hundred Fifty-one Million Dollars ($351,000,000.00).
1751
additional amount of bonds in an amount not to exceed Twelve
1752
Million Five Hundred Thousand Dollars ($12,500,000.00) may be
1753
issued under the authority of this section for the purpose of
1754
defraying costs associated with the construction of surface water
1755
transmission lines for a project defined in Section 57-75-5(f)(iv)
1756
or for any facility related to the project.
1757
issued under this paragraph after June 30, 2005.
1758
(e)
An
No bonds shall be
1759
for projects defined in Section 57-75-5(f)(v) and for facilities
1760
related to such projects shall not exceed Thirty-eight Million
1761
Five Hundred Thousand Dollars ($38,500,000.00).
1762
issued under this paragraph after April 1, 2005.
1763
(f)
No bonds shall be
1764
for projects defined in Section 57-75-5(f)(vii) shall not exceed
1765
Five Million Dollars ($5,000,000.00).
1766
under this paragraph after June 30, 2006.
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No bonds shall be issued
1767
(g)
1768
for projects defined in Section 57-75-5(f)(viii) shall not exceed
1769
Four Million Five Hundred Thousand Dollars ($4,500,000.00).
1770
bonds shall be issued under this paragraph after June 30, 2007.
1771
(h)
No
1772
for projects defined in Section 57-75-5(f)(ix) shall not exceed
1773
1774
1775
(i)
1776
for projects defined in Section 57-75-5(f)(x) shall not exceed
1777
1778
under this paragraph after April 1, 2005.
1779
(j)
1780
for projects defined in Section 57-75-5(f)(xii) shall not exceed
1781
Thirty-three Million Dollars ($33,000,000.00).
1782
bonds that may be issued under this paragraph for projects defined
1783
in Section 57-75-5(f)(xii) may be reduced by the amount of any
1784
federal or local funds made available for such projects.
1785
shall be issued under this paragraph until local governments in or
1786
near the county in which the project is located have irrevocably
1787
committed funds to the project in an amount of not less than Two
1788
Million Five Hundred Thousand Dollars ($2,500,000.00) in the
1789
aggregate; however, this irrevocable commitment requirement may be
1790
waived by the authority upon a finding that due to the unforeseen
1791
circumstances created by Hurricane Katrina, the local governments
1792
are unable to comply with such commitment.
1793
1794
(k)
The amount of
No bonds
No bonds shall be
1795
for projects defined in Section 57-75-5(f)(xiii) shall not exceed
1796
Three Million Dollars ($3,000,000.00).
1797
1798
1799
(l)
for projects defined in Section 57-75-5(f)(xiv) shall not exceed
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*HR03/R1920SG*
1800
Twenty-four Million Dollars ($24,000,000.00).
1801
issued under this paragraph until local governments in the county
1802
in which the project is located have irrevocably committed funds
1803
to the project in an amount of not less than Two Million Dollars
1804
($2,000,000.00).
1805
after June 30, 2009.
1806
(m)
No bonds shall be
No bonds shall be issued under this paragraph
1807
for projects defined in Section 57-75-5(f)(xv) shall not exceed
1808
Five Hundred Thousand Dollars ($500,000.00).
1809
1810
(n)
No bonds shall be
1811
for projects defined in Section 57-75-5(f)(xvi) shall not exceed
1812
Ten Million Dollars ($10,000,000.00).
1813
1814
(o)
1815
for projects defined in Section 57-75-5(f)(xvii) shall not exceed
1816
Three Million Five Hundred Thousand Dollars ($3,500,000.00).
1817
bonds shall be issued under this paragraph after June 30, 2009.
1818
(p)
No
1819
for projects defined in Section 57-75-5(f)(xviii) shall not exceed
1820
Ninety-six Million Dollars ($96,000,000.00).
1821
1822
(q)
No bonds shall be
1823
for projects defined in Section 57-75-5(f)(xix) shall not exceed
1824
Fifteen Million Dollars ($15,000,000.00).
1825
1826
1827
(4)
(a)
No bonds shall be
The proceeds from the sale of the bonds issued
under this section may be applied for the following purposes:
1828
(i)
Defraying all or any designated portion of the
1829
costs incurred with respect to acquisition, planning, design,
1830
construction, installation, rehabilitation, improvement,
1831
relocation and with respect to state-owned property, operation and
1832
maintenance of the project and any facility related to the project
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*HR03/R1920SG*
1833
located within the project area, including costs of design and
1834
engineering, all costs incurred to provide land, easements and
1835
rights-of-way, relocation costs with respect to the project and
1836
with respect to any facility related to the project located within
1837
the project area, and costs associated with mitigation of
1838
environmental impacts and environmental impact studies;
1839
(ii)
Defraying the cost of providing for the
1840
recruitment, screening, selection, training or retraining of
1841
employees, candidates for employment or replacement employees of
1842
the project and any related activity;
1843
(iii)
Reimbursing the Mississippi Development
1844
Authority for expenses it incurred in regard to projects defined
1845
in Section 57-75-5(f)(iv) prior to November 6, 2000.
1846
Mississippi Development Authority shall submit an itemized list of
1847
expenses it incurred in regard to such projects to the Chairmen of
1848
the Finance and Appropriations Committees of the Senate and the
1849
Chairmen of the Ways and Means and Appropriations Committees of
1850
the House of Representatives;
1851
1852
(iv)
The
Providing grants to enterprises operating
projects defined in Section 57-75-5(f)(iv)1;
1853
(v)
Paying any warranty made by the authority
1854
regarding site work for a project defined in Section
1855
57-75-5(f)(iv)1;
1856
(vi)
Defraying the cost of marketing and promotion
1857
of a project as defined in Section 57-75-5(f)(iv)1.
1858
shall submit an itemized list of costs incurred for marketing and
1859
promotion of such project to the Chairmen of the Finance and
1860
Appropriations Committees of the Senate and the Chairmen of the
1861
Ways and Means and Appropriations Committees of the House of
1862
Representatives;
1863
1864
(vii)
The authority
Providing for the payment of interest on the
bonds;
1865
(viii)
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Providing debt service reserves;
*HR03/R1920SG*
1866
(ix)
Paying underwriters' discount, original issue
1867
discount, accountants' fees, engineers' fees, attorneys' fees,
1868
rating agency fees and other fees and expenses in connection with
1869
the issuance of the bonds;
1870
1871
(x)
For purposes authorized in paragraphs (b),
(c), (d), (e) and (f) of this subsection (4);
1872
(xi)
Providing grants to enterprises operating
1873
projects defined in Section 57-75-5(f)(v), or, in connection with
1874
a facility related to such a project, for any purposes deemed by
1875
the authority in its sole discretion to be necessary and
1876
appropriate;
1877
(xii)
Providing grant funds or loans to a public
1878
agency or an enterprise owning, leasing or operating a project
1879
defined in Section 57-75-5(f)(ii);
1880
(xiii)
Providing grant funds or loans to an
1881
enterprise owning, leasing or operating a project defined in
1882
Section 57-75-5(f)(xiv);
1883
(xiv)
Providing grants, loans and payments to or
1884
for the benefit of an enterprise owning or operating a project
1885
defined in Section 57-75-5(f)(xviii); and
1886
(xv)
Purchasing equipment for a project defined in
1887
Section 57-75-5(f)(viii) subject to such terms and conditions as
1888
the authority considers necessary and appropriate.
1889
Such bonds shall be issued from time to time and in such
1890
principal amounts as shall be designated by the authority, not to
1891
exceed in aggregate principal amounts the amount authorized in
1892
1893
bonds issued under this section may be invested, subject to
1894
federal limitations, pending their use, in such securities as may
1895
be specified in the resolution authorizing the issuance of the
1896
bonds or the trust indenture securing them, and the earning on
1897
such investment applied as provided in such resolution or trust
1898
indenture.
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*HR03/R1920SG*
Proceeds from the sale of the
1899
(b)
(i)
The proceeds of bonds issued after June 21,
1900
2002, under this section for projects described in Section
1901
57-75-5(f)(iv) may be used to reimburse reasonable actual and
1902
necessary costs incurred by the Mississippi Development Authority
1903
in providing assistance related to a project for which funding is
1904
provided from the use of proceeds of such bonds.
1905
Development Authority shall maintain an accounting of actual costs
1906
incurred for each project for which reimbursements are sought.
1907
Reimbursements under this paragraph (b)(i) shall not exceed Three
1908
Hundred Thousand Dollars ($300,000.00) in the aggregate.
1909
Reimbursements under this paragraph (b)(i) shall satisfy any
1910
applicable federal tax law requirements.
1911
(ii)
The Mississippi
The proceeds of bonds issued after June 21,
1912
2002, under this section for projects described in Section
1913
57-75-5(f)(iv) may be used to reimburse reasonable actual and
1914
necessary costs incurred by the Department of Audit in providing
1915
services related to a project for which funding is provided from
1916
the use of proceeds of such bonds.
1917
maintain an accounting of actual costs incurred for each project
1918
for which reimbursements are sought.
1919
escalate its budget and expend such funds in accordance with rules
1920
and regulations of the Department of Finance and Administration in
1921
a manner consistent with the escalation of federal funds.
1922
Reimbursements under this paragraph (b)(ii) shall not exceed One
1923
Hundred Thousand Dollars ($100,000.00) in the aggregate.
1924
Reimbursements under this paragraph (b)(ii) shall satisfy any
1925
applicable federal tax law requirements.
1926
(c)
(i)
The Department of Audit shall
The Department of Audit may
The proceeds of bonds issued under this
1927
section for projects described in Section 57-75-5(f)(ix) may be
1928
used to reimburse reasonable actual and necessary costs incurred
1929
by the Mississippi Development Authority in providing assistance
1930
related to a project for which funding is provided for the use of
1931
proceeds of such bonds.
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The Mississippi Development Authority
*HR03/R1920SG*
1932
shall maintain an accounting of actual costs incurred for each
1933
project for which reimbursements are sought.
1934
this paragraph shall not exceed Twenty-five Thousand Dollars
1935
($25,000.00) in the aggregate.
1936
(ii)
Reimbursements under
1937
section for projects described in Section 57-75-5(f)(ix) may be
1938
1939
by the Department of Audit in providing services related to a
1940
project for which funding is provided from the use of proceeds of
1941
such bonds.
1942
of actual costs incurred for each project for which reimbursements
1943
are sought.
1944
expend such funds in accordance with rules and regulations of the
1945
Department of Finance and Administration in a manner consistent
1946
with the escalation of federal funds.
1947
paragraph shall not exceed Twenty-five Thousand Dollars
1948
1949
paragraph shall satisfy any applicable federal tax law
1950
requirements.
1951
(d)
The Department of Audit shall maintain an accounting
The Department of Audit may escalate its budget and
(i)
Reimbursements under this
1952
section for projects described in Section 57-75-5(f)(x) may be
1953
1954
1955
related to a project for which funding is provided for the use of
1956
1957
1958
1959
this paragraph shall not exceed Twenty-five Thousand Dollars
1960
1961
(ii)
1962
section for projects described in Section 57-75-5(f)(x) may be
1963
1964
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*HR03/R1920SG*
1965
1966
such bonds.
1967
1968
are sought.
1969
1970
1971
1972
paragraph shall not exceed Twenty-five Thousand Dollars
1973
1974
paragraph shall satisfy any applicable federal tax law
1975
requirements.
1976
(e)
(i)
1977
section for projects described in Section 57-75-5(f)(xii) may be
1978
1979
1980
related to a project for which funding is provided from the use of
1981
1982
1983
1984
this paragraph (e)(i) shall not exceed Twenty-five Thousand
1985
Dollars ($25,000.00) in the aggregate.
1986
(ii)
1987
section for projects described in Section 57-75-5(f)(xii) may be
1988
1989
1990
1991
such bonds.
1992
1993
are sought.
1994
1995
1996
1997
paragraph (e)(ii) shall not exceed Twenty-five Thousand Dollars
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*HR03/R1920SG*
1998
1999
paragraph (e)(ii) shall satisfy any applicable federal tax law
2000
requirements.
2001
(f)
(i)
2002
section for projects described in Section 57-75-5(f)(xiii),
2003
(f)(xiv), (f)(xv), (f)(xvi), (f)(xvii) and (f)(xviii) may be used
2004
to reimburse reasonable actual and necessary costs incurred by the
2005
Mississippi Development Authority in providing assistance related
2006
to a project for which funding is provided from the use of
2007
2008
2009
2010
this paragraph (f)(i) shall not exceed Twenty-five Thousand
2011
Dollars ($25,000.00) for each project.
2012
(ii)
2013
section for projects described in Section 57-75-5(f)(xiii),
2014
(f)(xiv), (f)(xv), (f)(xvi), (f)(xvii) and (f)(xviii) may be used
2015
to reimburse reasonable actual and necessary costs incurred by the
2016
Department of Audit in providing services related to a project for
2017
which funding is provided from the use of proceeds of such bonds.
2018
The Department of Audit shall maintain an accounting of actual
2019
costs incurred for each project for which reimbursements are
2020
sought.
2021
2022
2023
2024
paragraph (f)(ii) shall not exceed Twenty-five Thousand Dollars
2025
($25,000.00) for each project.
2026
paragraph (f)(ii) shall satisfy any applicable federal tax law
2027
requirements.
2028
(5)
The principal of and the interest on the bonds shall be
2029
payable in the manner hereinafter set forth.
2030
date or dates; be in such denomination or denominations; bear
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*HR03/R1920SG*
The bonds shall bear
2031
interest at such rate or rates; be payable at such place or places
2032
within or without the state; mature absolutely at such time or
2033
times; be redeemable before maturity at such time or times and
2034
upon such terms, with or without premium; bear such registration
2035
privileges; and be substantially in such form; all as shall be
2036
determined by resolution of the State Bond Commission except that
2037
such bonds shall mature or otherwise be retired in annual
2038
installments beginning not more than five (5) years from the date
2039
thereof and extending not more than twenty-five (25) years from
2040
the date thereof.
2041
the State Bond Commission, or by his facsimile signature, and the
2042
official seal of the State Bond Commission shall be imprinted on
2043
or affixed thereto, attested by the manual or facsimile signature
2044
of the Secretary of the State Bond Commission.
2045
bonds have been signed by the officials herein designated to sign
2046
the bonds, who were in office at the time of such signing but who
2047
2048
2049
2050
shall nevertheless be valid and sufficient for all purposes and
2051
have the same effect as if the person so officially signing such
2052
bonds had remained in office until the delivery of the same to the
2053
purchaser, or had been in office on the date such bonds may bear.
2054
(6)
The bonds shall be signed by the Chairman of
Whenever any such
2055
shall be and are hereby declared to have all the qualities and
2056
incidents of negotiable instruments under the provisions of the
2057
Uniform Commercial Code and in exercising the powers granted by
2058
this chapter, the State Bond Commission shall not be required to
2059
and need not comply with the provisions of the Uniform Commercial
2060
Code.
2061
(7)
The State Bond Commission shall sell the bonds on sealed
2062
bids at public sale, and for such price as it may determine to be
2063
for the best interest of the State of Mississippi, but no such
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*HR03/R1920SG*
2064
sale shall be made at a price less than par plus accrued interest
2065
to date of delivery of the bonds to the purchaser.
2066
shall bear interest at such rate or rates not exceeding the limits
2067
set forth in Section 75-17-101 as shall be fixed by the State Bond
2068
Commission.
2069
be payable semiannually or annually; provided that the first
2070
interest payment may be for any period of not more than one (1)
2071
year.
2072
The bonds
All interest accruing on such bonds so issued shall
Notice of the sale of any bonds shall be published at least
2073
one time, the first of which shall be made not less than ten (10)
2074
days prior to the date of sale, and shall be so published in one
2075
or more newspapers having a general circulation in the City of
2076
Jackson and in one or more other newspapers or financial journals
2077
with a large national circulation, to be selected by the State
2078
Bond Commission.
2079
The State Bond Commission, when issuing any bonds under the
2080
authority of this section, may provide that the bonds, at the
2081
option of the state, may be called in for payment and redemption
2082
at the call price named therein and accrued interest on such date
2083
or dates named therein.
2084
(8)
State bonds issued under the provisions of this section
2085
shall be the general obligations of the state and backed by the
2086
full faith and credit of the state.
2087
appropriate annually an amount sufficient to pay the principal of
2088
and the interest on such bonds as they become due.
2089
shall contain recitals on their faces substantially covering the
2090
foregoing provisions of this section.
2091
(9)
The Legislature shall
All bonds
The State Treasurer is authorized to certify to the
2092
Department of Finance and Administration the necessity for
2093
warrants, and the Department of Finance and Administration is
2094
authorized and directed to issue such warrants payable out of any
2095
funds appropriated by the Legislature under this section for such
2096
purpose, in such amounts as may be necessary to pay when due the
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*HR03/R1920SG*
2097
principal of and interest on all bonds issued under the provisions
2098
of this section.
2099
amount to the designated place or places of payment of such bonds
2100
in ample time to discharge such bonds, or the interest thereon, on
2101
the due dates thereof.
2102
(10)
The State Treasurer shall forward the necessary
The bonds may be issued without any other proceedings
2103
or the happening of any other conditions or things other than
2104
those proceedings, conditions and things which are specified or
2105
required by this chapter.
2106
issuance of general obligation bonds under the provisions of this
2107
section shall become effective immediately upon its adoption by
2108
the State Bond Commission, and any such resolution may be adopted
2109
at any regular or special meeting of the State Bond Commission by
2110
a majority of its members.
2111
(11)
Any resolution providing for the
In anticipation of the issuance of bonds hereunder, the
2112
State Bond Commission is authorized to negotiate and enter into
2113
any purchase, loan, credit or other agreement with any bank, trust
2114
company or other lending institution or to issue and sell interim
2115
notes for the purpose of making any payments authorized under this
2116
section.
2117
evidenced by notes of the state which shall be issued from time to
2118
time, for such amounts not exceeding the amount of bonds
2119
authorized herein, in such form and in such denomination and
2120
subject to such terms and conditions of sale and issuance,
2121
prepayment or redemption and maturity, rate or rates of interest
2122
not to exceed the maximum rate authorized herein for bonds, and
2123
time of payment of interest as the State Bond Commission shall
2124
agree to in such agreement.
2125
obligations of the state and shall be backed by the full faith and
2126
credit of the state.
2127
purpose of refunding previously issued notes.
2128
mature more than three (3) years following the date of its
2129
issuance.
All borrowings made under this provision shall be
Such notes shall constitute general
Such notes may also be issued for the
No note shall
The State Bond Commission is authorized to provide for
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*HR03/R1920SG*
2130
the compensation of any purchaser of the notes by payment of a
2131
fixed fee or commission and for all other costs and expenses of
2132
issuance and service, including paying agent costs.
2133
and expenses may be paid from the proceeds of the notes.
2134
(12)
Such costs
The bonds and interim notes authorized under the
2135
authority of this section may be validated in the First Judicial
2136
District of the Chancery Court of Hinds County, Mississippi, in
2137
the manner and with the force and effect provided now or hereafter
2138
by Chapter 13, Title 31, Mississippi Code of 1972, for the
2139
validation of county, municipal, school district and other bonds.
2140
The necessary papers for such validation proceedings shall be
2141
transmitted to the State Bond Attorney, and the required notice
2142
shall be published in a newspaper published in the City of
2143
Jackson, Mississippi.
2144
(13)
Any bonds or interim notes issued under the provisions
2145
of this chapter, a transaction relating to the sale or securing of
2146
such bonds or interim notes, their transfer and the income
2147
therefrom shall at all times be free from taxation by the state or
2148
any local unit or political subdivision or other instrumentality
2149
of the state, excepting inheritance and gift taxes.
2150
(14)
All bonds issued under this chapter shall be legal
2151
investments for trustees, other fiduciaries, savings banks, trust
2152
companies and insurance companies organized under the laws of the
2153
State of Mississippi; and such bonds shall be legal securities
2154
which may be deposited with and shall be received by all public
2155
officers and bodies of the state and all municipalities and other
2156
political subdivisions thereof for the purpose of securing the
2157
deposit of public funds.
2158
(15)
The Attorney General of the State of Mississippi shall
2159
represent the State Bond Commission in issuing, selling and
2160
validating bonds herein provided for, and the Bond Commission is
2161
hereby authorized and empowered to expend from the proceeds
2162
derived from the sale of the bonds authorized hereunder all
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2163
necessary administrative, legal and other expenses incidental and
2164
related to the issuance of bonds authorized under this chapter.
2165
(16)
There is hereby created a special fund in the State
2166
Treasury to be known as the Mississippi Major Economic Impact
2167
Authority Fund wherein shall be deposited the proceeds of the
2168
bonds issued under this chapter and all monies received by the
2169
authority to carry out the purposes of this chapter.
2170
authorized herein shall be paid by the State Treasurer upon
2171
warrants drawn from the fund, and the Department of Finance and
2172
Administration shall issue warrants upon requisitions signed by
2173
the director of the authority.
2174
(17)
(a)
Expenditures
There is hereby created the Mississippi Economic
2175
Impact Authority Sinking Fund from which the principal of and
2176
interest on such bonds shall be paid by appropriation.
2177
paid into the sinking fund not appropriated to pay accruing bonds
2178
and interest shall be invested by the State Treasurer in such
2179
securities as are provided by law for the investment of the
2180
sinking funds of the state.
2181
(b)
All monies
In the event that all or any part of the bonds and
2182
notes are purchased, they shall be cancelled and returned to the
2183
loan and transfer agent as cancelled and paid bonds and notes and
2184
thereafter all payments of interest thereon shall cease and the
2185
cancelled bonds, notes and coupons, together with any other
2186
cancelled bonds, notes and coupons, shall be destroyed as promptly
2187
as possible after cancellation but not later than two (2) years
2188
after cancellation.
2189
the cancelled bonds, notes and coupons shall be provided by the
2190
loan and transfer agent to the seller.
2191
(c)
A certificate evidencing the destruction of
The State Treasurer shall determine and report to
2192
the Department of Finance and Administration and Legislative
2193
Budget Office by September 1 of each year the amount of money
2194
necessary for the payment of the principal of and interest on
2195
outstanding obligations for the following fiscal year and the
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2196
times and amounts of the payments.
2197
Governor to include in every executive budget submitted to the
2198
Legislature full information relating to the issuance of bonds and
2199
notes under the provisions of this chapter and the status of the
2200
sinking fund for the payment of the principal of and interest on
2201
the bonds and notes.
2202
(d)
It shall be the duty of the
Any monies repaid to the state from loans
2203
authorized in Section 57-75-11(hh) shall be deposited into the
2204
Mississippi Major Economic Impact Authority Sinking Fund unless
2205
the State Bond Commission, at the request of the authority, shall
2206
determine that such loan repayments are needed to provide
2207
additional loans as authorized under Section 57-75-11(hh).
2208
purposes of providing additional loans, there is hereby created
2209
the Mississippi Major Economic Impact Authority Revolving Loan
2210
Fund and loan repayments shall be deposited into the fund.
2211
fund shall be maintained for such period as determined by the
2212
State Bond Commission for the sole purpose of making additional
2213
loans as authorized by Section 57-75-11(hh).
2214
remaining in the fund at the end of a fiscal year shall not lapse
2215
into the State General Fund and any interest earned on amounts in
2216
such fund shall be deposited to the credit of the fund.
2217
(e)
For
The
Unexpended amounts
2218
authorized in Section 57-75-11(ii) shall be deposited into the
2219
Mississippi Major Economic Impact Authority Sinking Fund.
2220
(f)
2221
authorized in Section 57-75-11(jj) shall be deposited into the
2222
Mississippi Major Economic Impact Authority Sinking Fund.
2223
(18)
(a)
Upon receipt of a declaration by the authority
2224
that it has determined that the state is a potential site for a
2225
project, the State Bond Commission is authorized and directed to
2226
authorize the State Treasurer to borrow money from any special
2227
fund in the State Treasury not otherwise appropriated to be
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2228
utilized by the authority for the purposes provided for in this
2229
subsection.
2230
(b)
The proceeds of the money borrowed under this
2231
subsection may be utilized by the authority for the purpose of
2232
defraying all or a portion of the costs incurred by the authority
2233
with respect to acquisition options and planning, design and
2234
environmental impact studies with respect to a project defined in
2235
Section 57-75-5(f)(xi).
2236
expend the proceeds of the money borrowed under this subsection in
2237
accordance with rules and regulations of the Department of Finance
2238
and Administration in a manner consistent with the escalation of
2239
federal funds.
2240
(c)
The authority may escalate its budget and
The authority shall request an appropriation or
2241
additional authority to issue general obligation bonds to repay
2242
the borrowed funds and establish a date for the repayment of the
2243
funds so borrowed.
2244
(d)
Borrowings made under the provisions of this
2245
subsection shall not exceed Five Hundred Thousand Dollars
2246
($500,000.00) at any one time.
2247
SECTION 9.
Sections 3 through 18, Chapter 541, Laws of 2001,
2248
as amended by Chapter 540, Laws of 2002, as amended by Chapter
2249
519, Laws of 2003, as amended by Chapter 1, Laws of 2004 Third
2250
2251
Section 3.
As used in Sections 3 through 18 of this act, the
2252
following words shall have the meanings ascribed herein unless the
2253
context clearly requires otherwise:
2254
(a)
2255
2256
2257
2258
2259
2260
maturity;
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2261
(b)
"State" means the State of Mississippi; and
2262
(c)
2263
Section 4.
(1)
The Mississippi Arts Commission, at one
2264
time, or from time to time, may declare by resolution the
2265
necessity for issuance of general obligation bonds of the State of
2266
Mississippi to provide funds for the grant program authorized in
2267
Section 2 of this act.
2268
Mississippi Arts Commission, declaring the necessity for the
2269
issuance of any part or all of the general obligation bonds
2270
authorized by this section, the Mississippi Arts Commission shall
2271
deliver a certified copy of its resolution or resolutions to the
2272
commission.
2273
its discretion, may act as the issuing agent, prescribe the form
2274
of the bonds, advertise for and accept bids, issue and sell the
2275
bonds so authorized to be sold and do any and all other things
2276
2277
of such bonds.
2278
through 18 of this act shall not exceed Eighteen Million Two
2279
Hundred Thousand Dollars ($18,200,000.00).
2280
(2)
Upon the adoption of a resolution by the
Upon receipt of such resolution, the commission, in
The total amount of bonds issued under Sections 3
The proceeds of bonds issued pursuant to Sections 3
2281
through 18 of this act shall be deposited into the Building Fund
2282
for the Arts created pursuant to Section 2 of this act.
2283
investment earnings on bonds issued pursuant to Sections 3 through
2284
18 of this act shall be used to pay debt service on bonds issued
2285
under Sections 3 through 18 of this act, in accordance with the
2286
proceedings authorizing issuance of such bonds.
2287
Section 5.
Any
The principal of and interest on the bonds
2288
authorized under Sections 3 through 18 of this act shall be
2289
payable in the manner provided in this section.
2290
bear such date or dates, be in such denomination or denominations,
2291
bear interest at such rate or rates (not to exceed the limits set
2292
forth in Section 75-17-101, Mississippi Code of 1972), be payable
2293
at such place or places within or without the State of
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Such bonds shall
2294
Mississippi, shall mature absolutely at such time or times not to
2295
exceed twenty-five (25) years from date of issue, be redeemable
2296
before maturity at such time or times and upon such terms, with or
2297
without premium, shall bear such registration privileges, and
2298
shall be substantially in such form, all as shall be determined by
2299
resolution of the commission.
2300
Section 6.
The bonds authorized by Sections 3 through 18 of
2301
this act shall be signed by the chairman of the commission, or by
2302
his facsimile signature, and the official seal of the commission
2303
shall be affixed thereto, attested by the secretary of the
2304
commission.
2305
bonds may be executed by the facsimile signatures of such
2306
officers.
2307
officials designated to sign the bonds who were in office at the
2308
time of such signing but who may have ceased to be such officers
2309
before the sale and delivery of such bonds, or who may not have
2310
been in office on the date such bonds may bear, the signatures of
2311
such officers upon such bonds and coupons shall nevertheless be
2312
valid and sufficient for all purposes and have the same effect as
2313
if the person so officially signing such bonds had remained in
2314
office until their delivery to the purchaser, or had been in
2315
office on the date such bonds may bear.
2316
anything herein to the contrary, such bonds may be issued as
2317
provided in the Registered Bond Act of the State of Mississippi.
2318
The interest coupons, if any, to be attached to such
Whenever any such bonds shall have been signed by the
Section 7.
However, notwithstanding
2319
provisions of Sections 3 through 18 of this act have all the
2320
qualities and incidents of negotiable instruments under the
2321
provisions of the Uniform Commercial Code, and in exercising the
2322
powers granted by Sections 3 through 18 of this act, the
2323
commission shall not be required to and need not comply with the
2324
provisions of the Uniform Commercial Code.
2325
2326
Section 8.
The commission shall act as the issuing agent for
the bonds authorized under Sections 3 through 18 of this act,
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2327
2328
issue and sell the bonds so authorized to be sold, pay all fees
2329
and costs incurred in such issuance and sale, and do any and all
2330
other things necessary and advisable in connection with the
2331
2332
empowered to pay the costs that are incident to the sale, issuance
2333
and delivery of the bonds authorized under Sections 3 through 18
2334
of this act from the proceeds derived from the sale of such bonds.
2335
The commission shall sell such bonds on sealed bids at public
2336
sale, and for such price as it may determine to be for the best
2337
interest of the State of Mississippi, but no such sale shall be
2338
made at a price less than par plus accrued interest to the date of
2339
delivery of the bonds to the purchaser.
2340
such bonds so issued shall be payable semiannually or annually;
2341
however, the first interest payment may be for any period of not
2342
more than one (1) year.
2343
The commission is authorized and
All interest accruing on
2344
2345
2346
2347
2348
2349
commission.
2350
2351
Sections 3 through 18 of this act, may provide that bonds, at the
2352
option of the State of Mississippi, may be called in for payment
2353
and redemption at the call price named therein and accrued
2354
interest on such date or dates named therein.
2355
Section 9.
The bonds issued under the provisions of Sections
2356
3 through 18 of this act are general obligations of the State of
2357
Mississippi, and for the payment thereof the full faith and credit
2358
of the State of Mississippi is irrevocably pledged.
2359
appropriated by the Legislature are insufficient to pay the
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If the funds
2360
principal of and the interest on such bonds as they become due,
2361
then the deficiency shall be paid by the State Treasurer from any
2362
funds in the State Treasury not otherwise appropriated.
2363
bonds shall contain recitals on their faces substantially covering
2364
the provisions of this section.
2365
Section 10.
All such
2366
provisions of Sections 3 through 18 of this act, the commission
2367
shall transfer the proceeds of any such sale or sales to the
2368
special fund created in Section 2 of this act.
2369
otherwise provided in Section 2 of this act, the proceeds of such
2370
bonds shall be disbursed solely upon the order of the Department
2371
of Finance and Administration under such restrictions, if any, as
2372
may be contained in the resolution providing for the issuance of
2373
the bonds.
2374
Section 11.
Except as
The bonds authorized under Sections 3 through 18
2375
of this act may be issued without any other proceedings or the
2376
happening of any other conditions or things other than those
2377
proceedings, conditions and things which are specified or required
2378
by Sections 3 through 18 of this act.
2379
for the issuance of bonds under the provisions of Sections 3
2380
through 18 of this act shall become effective immediately upon its
2381
adoption by the commission, and any such resolution may be adopted
2382
at any regular or special meeting of the commission by a majority
2383
of its members.
2384
Section 12.
Any resolution providing
The bonds authorized under the authority of
2385
Sections 3 through 18 of this act may be validated in the Chancery
2386
Court of the First Judicial District of Hinds County, Mississippi,
2387
in the manner and with the force and effect provided by Chapter
2388
13, Title 31, Mississippi Code of 1972, for the validation of
2389
county, municipal, school district and other bonds.
2390
taxpayers required by such statutes shall be published in a
2391
newspaper published or having a general circulation in the City of
2392
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The notice to
2393
Section 13.
Any holder of bonds issued under the provisions
2394
of Sections 3 through 18 of this act or of any of the interest
2395
coupons pertaining thereto may, either at law or in equity, by
2396
suit, action, mandamus or other proceeding, protect and enforce
2397
any and all rights granted under Sections 3 through 18 of this
2398
act, or under such resolution, and may enforce and compel
2399
performance of all duties required by Sections 3 through 18 of
2400
this act to be performed, in order to provide for the payment of
2401
bonds and interest thereon.
2402
Section 14.
All bonds issued under the provisions of
2403
Sections 3 through 18 of this act shall be legal investments for
2404
trustees and other fiduciaries, and for savings banks, trust
2405
2406
State of Mississippi, and such bonds shall be legal securities
2407
2408
officers and bodies of this state and all municipalities and
2409
political subdivisions for the purpose of securing the deposit of
2410
public funds.
2411
Section 15.
Bonds issued under the provisions of Sections 3
2412
through 18 of this act and income therefrom shall be exempt from
2413
all taxation in the State of Mississippi.
2414
Section 16.
The proceeds of the bonds issued under Sections
2415
3 through 18 of this act shall be used solely for the purposes
2416
therein provided, including the costs incident to the issuance and
2417
sale of such bonds.
2418
Section 17.
The State Treasurer is authorized, without
2419
further process of law, to certify to the Department of Finance
2420
and Administration the necessity for warrants, and the Department
2421
of Finance and Administration is authorized and directed to issue
2422
2423
2424
accreted value of, all bonds issued under Sections 3 through 18 of
2425
this act; and the State Treasurer shall forward the necessary
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2426
2427
2428
2429
Section 18.
Sections 3 through 18 of this act shall be
2430
deemed to be full and complete authority for the exercise of the
2431
powers therein granted, but Sections 3 through 18 of this act
2432
shall not be deemed to repeal or to be in derogation of any
2433
existing law of this state.
2434
SECTION 10.
2435
amended as follows:
2436
39-11-13.
(1)
(a)
2437
"Building Fund for the Arts" is created within the State Treasury.
2438
2439
2440
state.
2441
therein from any source, including, but not limited to, any state
2442
general obligation bonds issued for the purposes described in this
2443
section.
2444
fiscal year shall not lapse into the State General Fund, and
2445
investment earnings on amounts in the fund shall be deposited into
2446
such fund.
2447
The fund shall consist of any money designated for deposit
(b)
Money deposited into the fund shall be disbursed,
2448
in the discretion of the Mississippi Arts Commission, to provide
2449
grants to nonprofit organizations that are qualified as tax exempt
2450
under Section 501(c)(3) of the Internal Revenue Code and units of
2451
local government to pay the costs of:
2452
(i)
Repair, upgrading, expansion, renovation or
2453
enhancement of existing buildings and facilities for the
2454
presentation, teaching or exhibition of the arts in any and all of
2455
its forms and furniture, equipment and/or technology for such
2456
buildings or facilities;
2457
2458
(ii)
Construction of new buildings and facilities
for the presentation, teaching or exhibition of the arts in any
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2459
and all of its forms and furniture, equipment and/or technology
2460
for such buildings or facilities; or
2461
(iii)
The development, construction, equipping and
2462
furnishing of an entertainment and film center and museum and
2463
completion of a sound stage project.
2464
(c)
The entity to which such grants are made shall
2465
provide matching funds from local, federal or private sources
2466
equal to forty percent (40%) of the proposed project cost in order
2467
to be eligible for a grant under this section.
2468
(d)
The maximum aggregate amount of monies in the
2469
special fund that may be used to provide grant funds to an entity
2470
or combination of entities under paragraph (b)(iii) of this
2471
subsection shall not exceed One Million Dollars ($1,000,000.00),
2472
and no monies in the special fund may be used to provide grant
2473
funds under paragraph (b)(iii) of this subsection after July 1,
2474
2003.
2475
provided to an entity or combination of entities under paragraph
2476
(b)(iii) of this subsection during a fiscal year shall not exceed
2477
Five Hundred Thousand Dollars ($500,000.00).
2478
The maximum aggregate amount of grant funds that may be
(2)
(a)
2479
disbursed to pay the costs of projects described in subsection (1)
2480
of this section.
2481
from proceeds of bonds issued under Sections 3 through 18 of
2482
Chapter 541, Laws of 2001, as amended by Chapter 540, Laws of
2483
2002, as amended by Chapter 519, Laws of 2003, as amended by
2484
Chapter 1, Laws of 2004 Third Extraordinary Session, as amended by
2485
House Bill No. 1634, 2006 Regular Session, and are not used within
2486
four (4) years after the date such bond proceeds are deposited
2487
into the special fund, then the Mississippi Arts Commission shall
2488
provide an accounting of such unused monies to the State Bond
2489
Commission.
2490
2491
(b)
If any monies in the special fund are derived
Monies in the special fund which are derived from
proceeds of bonds issued after April 9, 2002, may be used to
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2492
reimburse reasonable actual and necessary costs incurred by the
2493
Mississippi Arts Commission in providing assistance directly
2494
related to a project described in subsection (1) of this section
2495
for which grant funds are provided under this section from the use
2496
of proceeds of such bonds.
2497
such time as the project is completed.
2498
costs incurred for which reimbursement is sought shall be
2499
maintained for each project by the Mississippi Arts Commission.
2500
Reimbursement of reasonable actual and necessary costs for a
2501
project shall not exceed three percent (3%) of the proceeds of
2502
bonds issued for such project.
2503
project may not be used to reimburse administrative costs for
2504
unrelated projects.
2505
after July 1, 2007.
2506
(3)
Reimbursement may be made only until
An accounting of actual
Monies authorized for a particular
This paragraph (b) shall be repealed from and
The Mississippi Arts Commission is expressly authorized
2507
and empowered to receive and expend any local or other source
2508
funds in connection with the expenditure of funds provided for in
2509
this section.
2510
fund shall be under the direction of the Mississippi Arts
2511
Commission, and such funds shall be paid by the State Treasurer
2512
upon warrants issued by the Department of Finance and
2513
Administration upon request of the Mississippi Arts Commission,
2514
which warrants shall be issued upon requisitions signed by the
2515
Executive Director of the Mississippi Arts Commission, or his or
2516
her designee.
2517
(4)
The expenditure of money deposited into the special
The Mississippi Arts Commission shall adopt necessary
2518
rules and regulations to govern the administration of the program
2519
described in subsection (1) of this section, including, but not
2520
limited to, rules and regulations governing applications for
2521
grants and rules and regulations providing for the distribution of
2522
grant funds.
2523
the provisions of the Mississippi Administrative Procedures Law.
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The Mississippi Arts Commission shall comply with
*HR03/R1920SG*
2524
SECTION 11.
Sections 210 through 226, Chapter 1, Laws of
2525
2004 Third Extraordinary Session, as amended by Chapter 458, Laws
2526
of 2005, are amended as follows:
2527
Section 210.
As used in Sections 210 through 226 of this
2528
act, the following words shall have the meanings ascribed herein
2529
unless the context clearly requires otherwise:
2530
(a)
2531
2532
2533
2534
2535
2536
maturity;
2537
(b)
"State" means the State of Mississippi; and
2538
(c)
2539
Section 211.
(1)
(a)
A special fund, to be designated as
2540
the "Mississippi Museum of Art Fund," is created within the State
2541
Treasury.
2542
a separate and special fund, separate and apart from the General
2543
Fund of the state.
2544
the end of a fiscal year shall not lapse into the State General
2545
Fund, and any interest earned or investment earnings on amounts in
2546
the fund shall be deposited into such fund.
2547
The fund shall be maintained by the State Treasurer as
(b)
Unexpended amounts remaining in the fund at
Monies deposited into the fund shall be disbursed,
2548
in the discretion of the Department of Finance and Administration,
2549
for the purpose of providing funds to the Mississippi Museum of
2550
Art to pay the costs of acquisition of land, planning, design and
2551
site preparation for a facility for the Mississippi Museum of Art
2552
in Jackson, Mississippi, and/or construction, repair and
2553
renovation, upgrading, furnishing, equipping, expansion or
2554
enhancement of buildings or facilities for the Mississippi Museum
2555
of Art in Jackson, Mississippi.
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*HR03/R1920SG*
2556
(2)
2557
disbursed to pay the costs of the projects described in subsection
2558
(1) of this section.
2559
by resolution duly adopted, that the projects described in
2560
subsection (1) of this section shall have been completed,
2561
abandoned, or cannot be completed in a timely fashion, any amounts
2562
remaining in such special fund shall be applied to pay debt
2563
service on the bonds issued under Sections 210 through 226 of this
2564
act, in accordance with the proceedings authorizing the issuance
2565
of such bonds and as directed by the commission.
2566
(3)
Promptly after the commission has certified,
The Department of Finance and Administration is
2567
expressly authorized and empowered to receive and expend any local
2568
or other source funds in connection with the expenditure of funds
2569
provided for in this section.
2570
into the special fund shall be under the direction of the
2571
Department of Finance and Administration, and such funds shall be
2572
paid by the State Treasurer upon warrants issued by the Department
2573
of Finance and Administration.
2574
Section 212.
(1)
The expenditure of monies deposited
The Department of Finance and
2575
Administration, at one time, or from time to time, may declare by
2576
resolution the necessity for issuance of general obligation bonds
2577
of the State of Mississippi to provide funds for all costs
2578
incurred or to be incurred for the purposes described in Section
2579
211 of this act.
2580
Department of Finance and Administration, declaring the necessity
2581
for the issuance of any part or all of the general obligation
2582
bonds authorized by this section, the Department of Finance and
2583
Administration shall deliver a certified copy of its resolution or
2584
2585
2586
2587
2588
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Upon the adoption of a resolution by the
*HR03/R1920SG*
2589
2590
under Sections 210 through 226 of this act shall not exceed Two
2591
Million Five Hundred Thousand Dollars ($2,500,000.00).
2592
(2)
The proceeds of bonds issued pursuant to Sections 210
2593
through 226 of this act shall be deposited into the special fund
2594
created pursuant to Section 211 of this act.
2595
earnings on bonds issued pursuant to Sections 210 through 226 of
2596
this act shall be used to pay debt service on bonds issued under
2597
Sections 210 through 226 of this act, in accordance with the
2598
proceedings authorizing issuance of such bonds.
2599
Section 213.
Any investment
2600
2601
2602
2603
2604
2605
2606
2607
2608
2609
2610
2611
2612
Section 214.
Such bonds shall
The bonds authorized by Sections 210 through
2613
226 of this act shall be signed by the chairman of the commission,
2614
or by his facsimile signature, and the official seal of the
2615
commission shall be affixed thereto, attested by the secretary of
2616
the commission.
2617
such bonds may be executed by the facsimile signatures of such
2618
officers.
2619
2620
2621
The interest coupons, if any, to be attached to
H. B. No. 1634
06/HR03/R1920SG
PAGE 79 (BS\LH)
*HR03/R1920SG*
2622
2623
2624
2625
2626
2627
2628
2629
2630
Section 215.
2631
2632
2633
2634
2635
2636
2637
Section 216.
The commission shall act as the issuing agent
2638
for the bonds authorized under Sections 210 through 226 of this
2639
act, prescribe the form of the bonds, advertise for and accept
2640
bids, issue and sell the bonds so authorized to be sold, pay all
2641
fees and costs incurred in such issuance and sale, and do any and
2642
2643
2644
2645
and delivery of the bonds authorized under Sections 210 through
2646
226 of this act from the proceeds derived from the sale of such
2647
bonds.
2648
public sale, and for such price as it may determine to be for the
2649
best interest of the State of Mississippi, but no such sale shall
2650
be made at a price less than par plus accrued interest to the date
2651
of delivery of the bonds to the purchaser.
2652
on such bonds so issued shall be payable semiannually or annually;
2653
2654
The commission shall sell such bonds on sealed bids at
H. B. No. 1634
06/HR03/R1920SG
PAGE 80 (BS\LH)
*HR03/R1920SG*
All interest accruing
2655
2656
2657
2658
2659
2660
2661
commission.
2662
2663
Sections 210 through 226 of this act, may provide that bonds, at
2664
the option of the State of Mississippi, may be called in for
2665
payment and redemption at the call price named therein and accrued
2666
2667
Section 217.
The bonds issued under the provisions of
2668
Sections 210 through 226 of this act are general obligations of
2669
the State of Mississippi, and for the payment thereof the full
2670
faith and credit of the State of Mississippi is irrevocably
2671
pledged.
2672
insufficient to pay the principal of and the interest on such
2673
bonds as they become due, then the deficiency shall be paid by the
2674
State Treasurer from any funds in the State Treasury not otherwise
2675
appropriated.
2676
faces substantially covering the provisions of this section.
2677
If the funds appropriated by the Legislature are
All such bonds shall contain recitals on their
Section 218.
2678
2679
2680
special fund created in Section 211 of this act.
2681
such bonds shall be disbursed solely upon the order of the
2682
Department of Finance and Administration under such restrictions,
2683
if any, as may be contained in the resolution providing for the
2684
issuance of the bonds.
2685
Section 219.
The proceeds of
The bonds authorized under Sections 210 through
2686
226 of this act may be issued without any other proceedings or the
2687
H. B. No. 1634
06/HR03/R1920SG
PAGE 81 (BS\LH)
*HR03/R1920SG*
2688
2689
2690
2691
through 226 of this act shall become effective immediately upon
2692
2693
2694
2695
Section 220.
2696
Sections 210 through 226 of this act may be validated in the
2697
Chancery Court of the First Judicial District of Hinds County,
2698
Mississippi, in the manner and with the force and effect provided
2699
2700
2701
The notice to taxpayers required by such statutes shall be
2702
published in a newspaper published or having a general circulation
2703
in the City of Jackson, Mississippi.
2704
Section 221.
2705
2706
2707
2708
2709
2710
2711
2712
2713
Section 222.
2714
Sections 210 through 226 of this act shall be legal investments
2715
for trustees and other fiduciaries, and for savings banks, trust
2716
2717
2718
2719
H. B. No. 1634
06/HR03/R1920SG
PAGE 82 (BS\LH)
*HR03/R1920SG*
2720
2721
public funds.
2722
Section 223.
Bonds issued under the provisions of Sections
2723
210 through 226 of this act and income therefrom shall be exempt
2724
from all taxation in the State of Mississippi.
2725
Section 224.
2726
2727
therein provided, including the costs incident to the issuance and
2728
sale of such bonds.
2729
Section 225.
2730
2731
2732
2733
2734
2735
accreted value of, all bonds issued under Sections 210 through 226
2736
of this act; and the State Treasurer shall forward the necessary
2737
2738
2739
2740
Section 226.
2741
2742
powers therein granted, but Sections 210 through 226 of this act
2743
2744
2745
SECTION 12.
2746
2002, as amended by Section 41, Chapter 522, Laws of 2003, as
2747
amended by Section 1, Chapter 389, Laws of 2004, as amended by
2748
Section 187, Chapter 1, Laws of 2004 Third Extraordinary Session,
2749
are amended as follows:
2750
Section 1.
2751
2752
H. B. No. 1634
06/HR03/R1920SG
PAGE 83 (BS\LH)
*HR03/R1920SG*
2753
(a)
2754
2755
2756
2757
2758
2759
maturity.
2760
(b)
2761
(c)
2762
Section 2.
(1)
(a)
2763
"2002 IHL and State Agencies Capital Improvements Fund," is
2764
created within the State Treasury.
2765
by the State Treasurer as a separate and special fund, separate
2766
and apart from the General Fund of the state.
2767
2768
into the State General Fund, and any interest earned or investment
2769
earnings on amounts in the fund shall be deposited into such fund.
2770
(b)
The fund shall be maintained
Unexpended amounts
2771
2772
with the approval of the Board of Trustees of State Institutions
2773
of Higher Learning on those projects related to the universities
2774
under its management and control, to pay the costs of capital
2775
improvements, renovation and/or repair of existing facilities,
2776
furnishings and/or equipping facilities for public facilities for
2777
agencies or their successors as hereinafter described:
2778
NAME
PROJECT
2779
AMOUNT
ALLOCATED
2780
INSTITUTIONS OF HIGHER LEARNING................... $ 50,860,000.00
2781
2782
Upgrade of water wells and
2783
water treatment facilities,
2784
renovation of Women's Tower, and
2785
repair and renovation of campus
H. B. No. 1634
06/HR03/R1920SG
PAGE 84 (BS\LH)
*HR03/R1920SG*
4,260,000.00
2786
buildings, facilities and
2787
infrastructure ............. $ 3,500,000.00
2788
Air conditioning of the
2789
Simmons Technology
2790
Building ................... $
2791
2792
2793
2794
360,000.00
Construction of lighting
for baseball field ......... $
400,000.00
Delta State University............................ $
Renovation of and additions
2795
to Jobe Hall for use as
2796
a general classroom
2797
building ................... $ 3,500,000.00
2798
Purchase of airplanes and
2799
construction of a hanger
2800
to house airplanes and a
2801
simulator .................. $
2802
2803
600,000.00
construction, furnishing and
2805
equipping of transitional
2806
student housing ............ $ 7,500,000.00
Renovation of building and
2808
facilities at the Mississippi
2809
E-Center/Jackson State
2810
University, build-out expenses
2811
and acquiring and installing any
2812
equipment necessary in
2813
establishing and maintaining
2814
a digital transmission
2815
system for TV23 ............ $ 1,000,000.00
2816
2817
2818
8,500,000.00
Completion of Phase II
2804
2807
4,100,000.00
Mississippi University for Women.................. $
Demolition, construction, repair
and renovation of campus
H. B. No. 1634
06/HR03/R1920SG
PAGE 85 (BS\LH)
*HR03/R1920SG*
3,800,000.00
2819
facilities, including, but not
2820
limited to, Parkinson Hall,
2821
Callaway Hall and Martin Hall,
2822
and repair, renovation,
2823
replacement and improvement of
2824
campus infrastructure ...... $ 3,800,000.00
2825
Mississippi State University...................... $
2826
Phase I of construction, furnishing
2827
and equipping of a simulation and
2828
design center ................. $ 6,000,000.00
2829
Repair and renovation of campus
2830
buildings, facilities and
2831
infrastructure ............. $ 1,000,000.00
2832
2833
2834
Mississippi State University/Division of Agriculture,
Forestry and Veterinary Medicine................ $
Seed Technology Building
2836
to accommodate a life
2837
sciences program ........... $ 3,000,000.00
2839
2840
2841
Repair and renovation of
facilities ................. $
900,000.00
furnishing and equipping of
2843
business administration
2844
building ................... $ 2,000,000.00
Repair, renovation,
2846
replacement and improvement
2847
of campus drainage and other
2848
infrastructure ............. $ 1,000,000.00
2849
2850
2851
3,000,000.00
Completion of construction,
2842
2845
3,900,000.00
Renovation of the Pace
2835
2838
7,000,000.00
University of Mississippi......................... $
Renovation of old Education
Building ................... $ 3,500,000.00
H. B. No. 1634
06/HR03/R1920SG
PAGE 86 (BS\LH)
*HR03/R1920SG*
5,500,000.00
2852
Renovation of Bryant Hall ..... $ 1,000,000.00
2853
Renovation of Longstreet
2854
2855
2856
2857
2858
Hall ....................... $ 1,000,000.00
University Medical Center......................... $
Matching funds for Guyton Hall
expansion .................. $ 3,000,000.00
University of Southern Mississippi................ $
2859
2860
buildings and facilities
2861
and repair, renovation,
2862
replacement and improvement
2863
of campus infrastructure ... $ 4,000,000.00
2864
Completion of renovation of
2865
Polymer Science Research
2866
Center ..................... $
2867
2868
University of Southern Mississippi/
Gulf Coast Campus............................... $
Land acquisition, parking
2870
and street improvements ....... $ 1,000,000.00
2872
2873
Gulf Coast Research Laboratory.................. $
2875
Cedar Point in Jackson County,
2876
Mississippi ................ $
2879
2880
2881
650,000.00
Matching funds for construction
of necessary infrastructure at
2878
1,000,000.00
2874
2877
4,650,000.00
650,000.00
2869
2871
3,000,000.00
650,000.00
Stennis Space Center............................ $
a visualization center ..... $
Continuation of construction
2882
of additions to and furnishing
2883
of Building 1020 at the Stennis
2884
Space Center to support the
H. B. No. 1634
06/HR03/R1920SG
PAGE 87 (BS\LH)
*HR03/R1920SG*
250,000.00
500,000.00
2885
masters program in hydrographic
2886
science .................... $
2887
2888
2889
250,000.00
Education and Research Center..................... $
1,000,000.00
Repair, renovation and upgrade of
HVAC in Tower Building ..... $ 1,000,000.00
2890
STATE AGENCIES.................................... $ 65,880,000.00
2891
Authority for Educational Television.............. $
2892
Purchasing and installing
2893
antennas, towers, tower upgrades,
2894
tower sites, transmission lines,
2895
transmitters and any equipment
2896
useful in establishing or
2897
maintaining a digital
2898
transmission system to meet
2899
federal requirements ....... $ 2,000,000.00
2900
2901
Mississippi Emergency Management Agency........... $
equipping of a building and
2903
related facilities to house
2904
the Mississippi Emergency
2905
Management Agency .......... $ 9,000,000.00
2907
Department of Human Services...................... $
furnishing and equipping
2909
of security and medical intake
2910
facilities at the Columbia
2911
Training School in Marion County,
2912
Mississippi ................ $ 1,300,000.00
2914
1,300,000.00
Construction, repair and renovation,
2908
2913
9,000,000.00
2902
2906
2,000,000.00
Department of Mental Health....................... $
Repair, renovation, replacement
2915
and improvement of
2916
infrastructure at Ellisville
2917
State Hospital ............. $ 1,250,000.00
H. B. No. 1634
06/HR03/R1920SG
PAGE 88 (BS\LH)
*HR03/R1920SG*
1,250,000.00
2918
2919
2920
2921
Department of Wildlife, Fisheries and Parks....... $
Improvements to Neshoba
County Lake ................ $
of roads at state parks as
2923
determined necessary by the
2924
Department of Wildlife, Fisheries
2925
and Parks .................. $
500,000.00
Repair and renovation of bath
2927
facilities at state parks as
2928
determined necessary by the
2929
Department of Wildlife, Fisheries
2930
and Parks .................. $
2931
680,000.00
Repair, renovation and construction
2922
2926
300,000.00
Repair and renovation of cabins at
2932
state parks as determined necessary
2933
by the Department of Wildlife,
2934
Fisheries and Parks ........ $
2935
500,000.00
Additional funds for the construction of the
2936
North Mississippi Fish
2937
Hatchery ................... $ 1,000,000.00
2938
2939
2940
Improvements to the Lyman State
Fish Hatchery .............. $ 1,000,000.00
Renovation and repair of the
2941
campground area at the J.P.
2942
Coleman State Park ......... $
2943
Construction of camper pads
2944
at Paul B. Johnson State
2945
Park ....................... $
2946
2947
4,730,000.00
450,000.00
300,000.00
Repair, renovation, equipping
2948
and furnishing of the Walter
2949
Sillers Building, tenant
2950
build-out expenses related to
H. B. No. 1634
06/HR03/R1920SG
PAGE 89 (BS\LH)
*HR03/R1920SG*
2951
repair and renovation of the
2952
Walter Sillers Building .... $10,000,000.00
2953
To continue an ongoing program for
2954
repair and renovation of state-owned
2955
facilities necessary for
2956
compliance with the Americans
2957
With Disabilities Act ...... $ 2,500,000.00
2958
2959
repair and renovation of state
2960
institutions of higher learning
2961
necessary for compliance with
2962
the Americans With Disabilities
2963
Act ........................ $ 2,500,000.00
2964
2965
state-owned buildings and facilities
2966
with $500,000.00 of such funds used
2967
for repair and renovation of the
2968
Mississippi Schools for the
2969
Blind and Deaf ............. $ 4,500,000.00
2970
Preplanning for projects described
2971
in subsection (7) of this
2972
section .................... $ 2,000,000.00
2973
Design through construction
2974
documents of a building and
2975
supporting facilities or
2976
development of suitable
2977
acquisition and construction
2978
alternatives to house the
2979
Department of Environmental
2980
Quality .................... $ 2,000,000.00
2981
Department of Education........................... $
2982
2983
equipping of a physical
H. B. No. 1634
06/HR03/R1920SG
PAGE 90 (BS\LH)
*HR03/R1920SG*
4,000,000.00
2984
education facility for the
2985
Mississippi Schools for the
2986
Blind and Deaf ............. $ 4,000,000.00
2987
2988
Mississippi Library Commission.................... $
Additional funds for construction
2989
of the new Mississippi
2990
Library Commission building
2991
and facilities ............. $
2992
2993
600,000.00
Department of Archives and History................ $
the Eudora Welty house at
2995
1119 Pinehurst Street in
2996
Jackson, Mississippi, and
2997
acquisition, renovation
2998
and demolition of property, and the
2999
construction and landscaping of
3000
a visitors center and related
3001
parking facilities in
3002
the surrounding neighborhood.
3003
Funds authorized for such purposes
3004
may be used as matching funds for
3005
an anticipated National Endowment
3006
for the Humanities Challenge Grant
3007
and other grants that may
3008
become available ........... $
3010
700,000.00
Department of Public Safety....................... $
Construction of a vehicle
3011
maintenance and communications
3012
center and a facility for storage
3013
of confiscated vehicles .... $ 1,000,000.00
3014
700,000.00
2994
3009
600,000.00
Phase I of construction of a Bureau
3015
of Narcotics headquarters
3016
building in the Starkville
H. B. No. 1634
06/HR03/R1920SG
PAGE 91 (BS\LH)
*HR03/R1920SG*
1,400,000.00
3017
3018
District ................... $
400,000.00
Department of Agriculture and Commerce............ $
3019
Preplanning of long-range capital
3020
improvement needs of the State
3021
Fairgrounds, and Phase I of
3022
repair, renovation, replacement
3023
and improvement of infrastructure
3024
at the State Fairgrounds ... $ 4,000,000.00
3025
3026
Mississippi National Guard.........................$
National Guard for construction
3028
of an armory in Batesville,
3029
Mississippi ................ $ 1,400,000.00
3031
Mississippi Veterinary Diagnostic Laboratory...... $ 12,000,000.00
Phase I of construction of the
3032
Mississippi Veterinary Diagnostic
3033
Laboratory in Jackson, Mississippi,
3034
metropolitan area .......... $12,000,000.00
3035
3036
1,400,000.00
Provide matching funds to the
3027
3030
4,000,000.00
TOTAL............................................. $116,740,000.00
(2)
(a)
3037
3038
of this section.
3039
within four (4) years after the date the proceeds of the bonds
3040
authorized under Sections 1 through 23 of this act are deposited
3041
into the special fund, then the agency or institution of higher
3042
learning for which any unused monies are allocated under
3043
subsection (1) of this section shall provide an accounting of such
3044
unused monies to the commission.
3045
has certified, by resolution duly adopted, that the projects
3046
described in subsection (1) of this section shall have been
3047
completed, abandoned, or cannot be completed in a timely fashion,
3048
any amounts remaining in such special fund shall be applied to pay
3049
debt service on the bonds issued under Sections 1 through 23 of
H. B. No. 1634
06/HR03/R1920SG
PAGE 92 (BS\LH)
If any monies in such special fund are not used
*HR03/R1920SG*
Promptly after the commission
3050
this act, in accordance with the proceedings authorizing the
3051
issuance of such bonds and as directed by the commission.
3052
(b)
Monies in the special fund may be used to reimburse
3053
reasonable actual and necessary costs incurred by the Department
3054
of Finance and Administration, acting through the Bureau of
3055
Building, Grounds and Real Property Management, in administering
3056
or providing assistance directly related to a project described in
3057
3058
until such time as the project is completed.
3059
actual costs incurred for which reimbursement is sought shall be
3060
maintained for each project by the Department of Finance and
3061
3062
Management.
3063
costs for a project shall not exceed three percent (3%) of the
3064
proceeds of bonds issued for such project.
3065
a particular project may not be used to reimburse administrative
3066
costs for unrelated projects.
3067
(3)
Reimbursement may be made only
An accounting of
Reimbursement of reasonable actual and necessary
Monies authorized for
The Department of Finance and Administration, acting
3068
through the Bureau of Building, Grounds and Real Property
3069
3070
3071
3072
3073
3074
3075
3076
3077
3078
(4)
The
Any amounts allocated to an agency or institution of
3079
higher learning that are in excess of that needed to complete the
3080
projects at such agency or institution of higher learning that are
3081
described in subsection (1) of this section may be used for
3082
H. B. No. 1634
06/HR03/R1920SG
PAGE 93 (BS\LH)
*HR03/R1920SG*
3083
3084
any funds allocated to Delta State University under subsection (1)
3085
of this section that are in excess of that needed to complete the
3086
projects at Delta State University that are described in
3087
subsection (1) of this section may be used for other capital
3088
projects at Delta State University authorized by the Legislature
3089
regardless of when authorized.
3090
(5)
In addition,
Any funds allocated to the Mississippi University for
3091
Women under Sections 1 through 23, Chapter 600, Laws of 2001, that
3092
are in excess of that needed to complete the projects for which
3093
the funds were allocated, may be used for the projects at the
3094
Mississippi University for Women described in subsection (1) of
3095
this section.
3096
authorized for projects at the Mississippi University for Women in
3097
3098
(6)
Such funds shall be in addition to the funds
Any funds allocated to the Department of Wildlife,
3099
Fisheries and Parks under subsection (1) of this section for
3100
improvements to Neshoba County Lake which are in excess of that
3101
needed to complete such project may be used for construction and
3102
equipping of the North Mississippi Fish Hatchery for which funding
3103
was provided under Sections 1 through 23, Chapter 600, Laws of
3104
2001, as amended by Section 45, Chapter 550, Laws of 2002.
3105
(7)
3106
3107
Management, is authorized to preplan or continue planning of the
3108
following projects:
3109
3110
3113
3114
Repair and renovation of the Robert E. Lee
(b)
Repair and renovation of the former Naval Reserve
(c)
Repair and renovation of the Mississippi Industries
Building;
3111
3112
(a)
Building;
for the Blind buildings and facilities;
H. B. No. 1634
06/HR03/R1920SG
PAGE 94 (BS\LH)
*HR03/R1920SG*
3115
3116
(d)
Phase I of repair and renovation or construction of
dining facilities at Alcorn State University;
3117
(e)
Construction of an Agricultural and Biotechnology
3118
Engineering Building and facilities for Mississippi State
3119
University/Division of Agriculture, Forestry and Veterinary
3120
Medicine;
3121
3122
(f)
Repair and renovation of Farley Hall at the
University of Mississippi;
3123
(g)
Construction of a nursing/allied health/science
3124
laboratory facility at the University of Southern Mississippi/Gulf
3125
Coast Campus;
3126
(h)
3127
Repair, renovation or replacement of two (2)
nursing homes at the East Mississippi State Hospital; and
3128
(i)
Design of a communications infrastructure at the
3129
Capitol Complex and Education and Research Center Campus and
3130
connectivity between such locations.
3131
The projects authorized in this subsection shall be in
3132
addition to the projects authorized in subsection (1) of this
3133
section.
3134
Section 3.
(1)
(a)
A special fund to be designated as the
3135
"2002 Community and Junior Colleges Capital Improvements Fund" is
3136
3137
3138
3139
3140
3141
earnings on amounts in the fund shall be deposited to the credit
3142
of the fund.
3143
any purpose except as authorized under this act.
3144
(b)
Unexpended amounts
Monies in the fund may not be used or expended for
3145
3146
to pay the costs of acquisition of real property, construction of
3147
new facilities and addition to or renovation of existing
H. B. No. 1634
06/HR03/R1920SG
PAGE 95 (BS\LH)
*HR03/R1920SG*
3148
facilities for community and junior college campuses as
3149
recommended by the State Board for Community and Junior Colleges.
3150
The amount to be expended at each community and junior college is
3151
as follows:
3152
Coahoma........................................ $
408,578.00
3153
Copiah-Lincoln.................................
511,609.00
3154
East Central...................................
471,612.00
3155
East Mississippi...............................
514,489.00
3156
Hinds..........................................
1,004,475.00
3157
Holmes.........................................
553,312.00
3158
Itawamba.......................................
581,150.00
3159
Jones..........................................
720,552.00
3160
Meridian.......................................
544,353.00
3161
Mississippi Delta..............................
566,751.00
3162
Mississippi Gulf Coast.........................
878,832.00
3163
Northeast Mississippi..........................
560,672.00
3164
Northwest Mississippi..........................
703,806.00
3165
Pearl River....................................
542,647.00
3166
Southwest Mississippi..........................
437,162.00
3167
GRAND TOTAL.................................... $9,000,000.00
3168
(2)
3169
3170
of this section.
3171
3172
3173
into the special fund, then the community college or junior
3174
college for which any such monies are allocated under subsection
3175
(1) of this section shall provide an accounting of such unused
3176
monies to the commission.
3177
3178
3179
3180
H. B. No. 1634
06/HR03/R1920SG
PAGE 96 (BS\LH)
*HR03/R1920SG*
3181
issued under Sections 1 through 23 of this act, in accordance with
3182
the proceedings authorizing the issuance of such bonds and as
3183
directed by the commission.
3184
(3)
3185
3186
3187
3188
3189
3190
3191
3192
3193
3194
3195
Section 4.
(1)
(a)
The
3196
"2002 Ayers Settlement Agreement Capital Improvements Fund," is
3197
3198
3199
3200
3201
3202
3203
of the fund.
3204
any purpose except as authorized under this section.
3205
(b)
Unexpended amounts
Monies deposited into the fund shall constitute
3206
Ayers bond revenues to be disbursed by the Department of Finance
3207
and Administration, to pay the costs of capital improvements at
3208
Alcorn State University, Jackson State University and Mississippi
3209
Valley State University as recommended by the Board of Trustees of
3210
State Institutions of Higher Learning in order to comply with the
3211
Settlement Agreement in the case of Ayers vs. Musgrove.
H. B. No. 1634
06/HR03/R1920SG
PAGE 97 (BS\LH)
*HR03/R1920SG*
3212
(2)
3213
3214
of this section.
3215
(3)
3216
3217
3218
3219
3220
3221
3222
3223
3224
3225
3226
(4)
The
It is the intent of the Legislature that not less than
3227
ten percent (10%) of the amounts authorized to be expended in this
3228
section shall be expended with small business concerns owned and
3229
controlled by socially and economically disadvantaged individuals.
3230
The term "socially and economically disadvantaged individuals"
3231
shall have the meaning ascribed to such term under Section 8(d) of
3232
the Small Business Act (15 USCS, Section 637(d)) and relevant
3233
subcontracting regulations promulgated pursuant thereto; except
3234
that women shall be presumed to be socially and economically
3235
disadvantaged individuals for the purposes of this subsection.
3236
Section 5.
(1)
(a)
3237
"2002 Mississippi Technology Innovation Center Fund," is created
3238
3239
3240
3241
3242
3243
on amounts in the fund shall be deposited to the credit of the
H. B. No. 1634
06/HR03/R1920SG
PAGE 98 (BS\LH)
*HR03/R1920SG*
3244
fund.
Monies in the fund may not be used or expended for any
3245
purpose except as authorized under this section.
3246
(b)
Monies deposited into the fund shall be disbursed
3247
by the Department of Finance and Administration to the Mississippi
3248
Technology Alliance, to pay the costs of computer network
3249
equipment, electronic storage devices/systems, incubator build-out
3250
and installation, storage and wiring at the Mississippi
3251
E-Center/Jackson State University.
3252
(2)
3253
disbursed to the Mississippi Technology Alliance to pay the costs
3254
of projects described in subsection (1) of this section.
3255
(3)
The expenditure of monies deposited into the special
3256
fund shall be under the direction of the Department of Finance and
3257
3258
Treasurer to the Mississippi Technology Alliance upon warrants
3259
issued by such department, which warrants shall be issued upon
3260
requisitions signed by the Executive Director of the Department of
3261
Finance and Administration, or his designee.
3262
Section 6.
(1)
(a)
3263
"2002 Holly Springs Training Center Capital Improvements Fund," is
3264
3265
3266
3267
3268
3269
3270
of the fund.
3271
3272
(b)
Unexpended amounts
3273
by the Department of Finance and Administration, to pay the costs
3274
of renovating, furnishing and equipping a training center in Holly
3275
Springs, Mississippi.
H. B. No. 1634
06/HR03/R1920SG
PAGE 99 (BS\LH)
*HR03/R1920SG*
3276
(2)
3277
3278
of this section.
3279
(3)
3280
3281
3282
3283
3284
3285
3286
3287
3288
3289
3290
Section 7.
(1)
(a)
The
3291
"2002 City of Corinth Civil War Interpretive Center Auditorium
3292
Fund," is created within the State Treasury.
3293
maintained by the State Treasurer as a separate and special fund,
3294
separate and apart from the General Fund of the state.
3295
amounts remaining in the fund at the end of a fiscal year shall
3296
not lapse into the State General Fund, and any interest earned or
3297
investment earnings on amounts in the fund shall be deposited to
3298
the credit of the fund.
3299
expended for any purpose except as authorized under this section.
3300
(b)
The fund shall be
Unexpended
Monies in the fund may not be used or
3301
by the Department of Finance and Administration to the City of
3302
Corinth, Mississippi, to pay the costs of constructing the
3303
auditorium wing of the Civil War Interpretive Center.
3304
(2)
3305
disbursed to the City of Corinth, Mississippi, to pay the costs of
3306
projects described in subsection (1) of this section.
3307
3308
(3)
Such funds shall be paid by the State Treasurer to the
City of Corinth, Mississippi, upon warrants issued by such
H. B. No. 1634
06/HR03/R1920SG
PAGE 100 (BS\LH)
*HR03/R1920SG*
3309
Department of Finance and Administration, which warrants shall be
3310
issued upon requisitions signed by the Executive Director of the
3311
Department of Finance and Administration, or his designee.
3312
Section 8.
(1)
The commission, at one time, or from time to
3313
time, may declare by resolution the necessity for issuance of
3314
general obligation bonds of the State of Mississippi to provide
3315
funds for all costs incurred or to be incurred for the purposes
3316
described in Sections 2, 3, 5, 6 and 7 of this act.
3317
3318
Administration, declaring the necessity for the issuance of any
3319
part or all of the general obligation bonds authorized by this
3320
section, the Department of Finance and Administration shall
3321
3322
commission.
3323
3324
3325
3326
3327
of such bonds.
3328
through 23 of this act shall not exceed One Hundred Thirty Million
3329
Seven Hundred Seventy Thousand Dollars ($130,770,000.00).
3330
bonds shall be issued under this section after July 1, 2007.
3331
(2)
Upon the
The total amount of bonds issued under Sections 1
No
The proceeds of the bonds issued pursuant to this act
3332
3333
3334
(a)
The 2002 IHL Capital and State Agencies
3335
Improvements Fund created pursuant to Section 2 of this
3336
act.............................................. $116,740,000.00.
3337
(b)
The 2002 Community and Junior College Capital
3338
3339
act.............................................. $
3340
3341
(c)
The 2002 Mississippi Technology Innovation Center
Fund created pursuant to Section 5 of this act... $
H. B. No. 1634
06/HR03/R1920SG
PAGE 101 (BS\LH)
9,000,000.00.
*HR03/R1920SG*
1,000,000.00.
3342
(d)
The 2002 Holly Springs Training Center Capital
3343
3344
act.............................................. $
3345
(e)
380,000.00.
The 2002 City of Corinth Civil War Interpretive
3346
Center Auditorium Fund created pursuant to Section 7 of this
3347
act.............................................. $
3348
(f)
500,000.00.
The Rural Fire Truck Fund created pursuant to
3349
Section 17-23-1 for the rural fire truck acquisition assistance
3350
program.......................................... $
3351
(3)
3,150,000.00.
Any investment earnings on amounts deposited into the
3352
special funds created in Sections 2, 3, 5, 6 and 7 of this act
3353
shall be used to pay debt service on bonds issued under Sections 1
3354
through 23 of this act, in accordance with the proceedings
3355
authorizing issuance of such bonds.
3356
Section 9.
(1)
The United States District Court for the
3357
Northern District of Mississippi having approved the Settlement
3358
Agreement in the case of Ayers v. Musgrove and on notification
3359
that such agreement has become final and effective according to
3360
its terms, including, but not limited to, the exhaustion of all
3361
rights to appeal, the commission, at one time, or from time to
3362
time, shall declare by resolution the necessity for issuance of
3363
3364
3365
described in Section 4 of this act.
3366
resolution by the Department of Finance and Administration
3367
3368
general obligation bonds authorized by this section, the
3369
3370
3371
3372
act as the issuing agent, prescribe the form of the bonds so
3373
3374
H. B. No. 1634
06/HR03/R1920SG
PAGE 102 (BS\LH)
*HR03/R1920SG*
Upon
3375
bonds.
3376
shall not exceed Fifteen Million Dollars ($15,000,000.00).
3377
The total amount of bonds issued pursuant to this section
(2)
The proceeds of the bonds issued pursuant to this
3378
section shall be deposited into the special fund created in
3379
3380
deposited into the special fund created in Section 4 of this act
3381
3382
3383
authorizing the issuance of such bonds.
3384
Section 10.
Any investment earnings on amounts
3385
3386
3387
3388
3389
3390
3391
3392
3393
3394
3395
3396
3397
Section 11.
Such bonds shall
3398
3399
3400
3401
commission.
3402
3403
officers.
3404
3405
3406
3407
H. B. No. 1634
06/HR03/R1920SG
PAGE 103 (BS\LH)
*HR03/R1920SG*
3408
3409
3410
3411
3412
3413
3414
3415
Section 12.
3416
3417
3418
3419
3420
3421
3422
Section 13.
3423
for the bonds authorized under Sections 1 through 23 of this act,
3424
3425
3426
3427
3428
3429
3430
3431
3432
3433
3434
3435
3436
3437
3438
3439
H. B. No. 1634
06/HR03/R1920SG
PAGE 104 (BS\LH)
*HR03/R1920SG*
3440
3441
3442
3443
3444
3445
3446
commission.
3447
3448
3449
3450
3451
3452
Section 14.
3453
Sections 1 through 23 of this act are general obligations of the
3454
State of Mississippi, and for the payment thereof the full faith
3455
and credit of the State of Mississippi is irrevocably pledged.
3456
the funds appropriated by the Legislature are insufficient to pay
3457
the principal of and the interest on such bonds as they become
3458
due, then the deficiency shall be paid by the State Treasurer from
3459
any funds in the State Treasury not otherwise appropriated.
3460
such bonds shall contain recitals on their faces substantially
3461
covering the provisions of this section.
3462
Section 15.
If
All
3463
3464
3465
special funds created in Sections 2, 3, 4, 5, 6 and 7 of this act
3466
in the amounts provided for in Sections 8(2) and 9 of this act.
3467
The proceeds of such bonds shall be disbursed solely upon the
3468
order of the Department of Finance and Administration under such
3469
restrictions, if any, as may be contained in the resolution
3470
3471
3472
Section 16.
H. B. No. 1634
06/HR03/R1920SG
PAGE 105 (BS\LH)
*HR03/R1920SG*
3473
3474
3475
3476
3477
3478
3479
3480
of its members.
3481
Section 17.
3482
3483
3484
3485
3486
3487
3488
3489
3490
Section 18.
The notice to
3491
3492
3493
3494
3495
3496
3497
3498
3499
Section 19.
3500
3501
3502
3503
3504
3505
H. B. No. 1634
06/HR03/R1920SG
PAGE 106 (BS\LH)
*HR03/R1920SG*
3506
3507
public funds.
3508
Section 20.
3509
3510
3511
Section 21.
3512
3513
herein provided, including the costs incident to the issuance and
3514
sale of such bonds.
3515
Section 22.
3516
3517
3518
3519
3520
3521
3522
3523
3524
3525
3526
Section 23.
3527
3528
powers herein granted, but Sections 1 through 23 of this act shall
3529
not be deemed to repeal or to be in derogation of any existing law
3530
of this state.
3531
3532
3533
SECTION 13.
Sections 97 through 118, Laws of 2004 Third
Extraordinary Session, are amended as follows:
Section 97.
As used in Sections 97 through 118 of this act,
3534
the following words shall have the meanings ascribed herein unless
3535
the context clearly requires otherwise:
3536
(a)
3537
3538
H. B. No. 1634
06/HR03/R1920SG
PAGE 107 (BS\LH)
*HR03/R1920SG*
3539
3540
3541
3542
maturity.
3543
(b)
3544
(c)
3545
Section 98.
(1)
(a)
3546
the "2004-2005 Institutions of Higher Learning and State Agencies
3547
Capital Improvements Fund," is created within the State Treasury.
3548
3549
3550
state.
3551
3552
3553
3554
(b)
3555
3556
3557
3558
under its management and control to pay the costs of capital
3559
3560
3561
3562
NAME
PROJECT
3563
AMOUNT
ALLOCATED
3564
INSTITUTIONS OF HIGHER LEARNING.................. $ 108,810,000.00
3565
Alcorn State University.......................... $
3566
Design, construction,
3567
3568
a new dining facility ....... $12,600,000.00
3569
Construction of a new baseball
3570
stadium and field and related
3571
facilities .................. $ 1,000,000.00
H. B. No. 1634
06/HR03/R1920SG
PAGE 108 (BS\LH)
*HR03/R1920SG*
13,600,000.00
3572
3573
3574
buildings and facilities, repair,
3575
renovation, replacement
3576
and improvement of campus
3577
infrastructure and purchase of
3578
furniture and equipment ..... $ 2,830,000.00
3579
3580
Bailey, Kethley and
3581
Union Halls ................. $ 4,000,000.00
3582
3583
Chadwick Dickson Field House,
3584
construction of visitors
3585
restrooms and concession
3586
stand at Parker Field, repairs
3587
and renovations of Walter
3588
Sillers Coliseum, construction
3589
of the Dave "Boo" Ferris
3590
Baseball Building ........... $
3591
3592
7,480,000.00
650,000.00
Jackson State University.......................... $ 12,000,000.00
Continuation of Phase II
3593
of the Lynch
3594
Street Corridor
3595
Project to include
3596
utilities, landscaping,
3597
irrigation and plaza
3598
removal, land acquisition,
3599
site improvements and repair
3600
and renovation of campus
3601
3602
3603
3604
infrastructure and purchase
H. B. No. 1634
06/HR03/R1920SG
PAGE 109 (BS\LH)
*HR03/R1920SG*
3605
of furniture and
3606
equipment ................... $ 2,000,000.00
3607
3608
3609
3610
3611
Phase I of repair and renovation of
the Charles Moore Building .. $ 5,000,000.00
Phase I of repair and renovation
of Dansby Hall .............. $ 2,000,000.00
Phase I of repair, renovation,
3612
construction, furnishing and
3613
equipping of the
3614
E-City Center Building ...... $
3615
3616
3617
3618
500,000.00
Land acquisition ............... $ 2,500,000.00
Mississippi University for Women................... $ 8,000,000.00
Repair and renovation
of Poindexter Hall .......... $ 7,000,000.00
3619
3620
of Martin Hall and
3621
South Callaway Hall
3622
and general repair and
3623
renovation .................. $ 1,000,000.00
3624
Mississippi State University...................... $ 17,000,000.00
3625
Phase II of repair and renovation
3626
and furnishing and equipping
3627
of Colvard Student Union .... $ 7,000,000.00
3628
Phase I of repair, renovation,
3629
3630
of Harned Hall .............. $ 5,000,000.00
3631
3632
3633
3634
3635
infrastructure .............. $ 5,000,000.00
3636
3637
H. B. No. 1634
06/HR03/R1920SG
PAGE 110 (BS\LH)
*HR03/R1920SG*
5,300,000.00
3638
Phase II construction and
3639
3640
a new building for the
3641
Department of Agricultural and
3642
Biological Engineering ...... $ 4,750,000.00
3643
3644
Veterinary Medicine
3645
facilities .................. $
3646
550,000.00
3647
Phase I of design, construction,
3648
furnishing and equipping a
3649
wellness center ............. $ 7,000,000.00
3650
3651
3652
3653
3654
infrastructure .............. $
3655
750,000.00
University of Mississippi......................... $ 13,250,000.00
3656
3657
buildings and facilities,
3658
3659
3660
3661
3662
Repair, renovation, furnishing
3663
and equipping of the
3664
Old Chemistry Building ...... $ 4,000,000.00
3665
Purchase of furniture and equipment
3666
at the Institutions of Higher
3667
Learning Center at
3668
Southaven, Mississippi ...... $
3669
3670
7,750,000.00
250,000.00
H. B. No. 1634
06/HR03/R1920SG
PAGE 111 (BS\LH)
*HR03/R1920SG*
1,980,000.00
3671
3672
3673
3674
3675
3676
3677
University of Southern Mississippi................ $ 12,000,000.00
3678
buildings and facilities; repair,
3679
3680
3681
infrastructure; purchase of
3682
furniture and equipment;
3683
provide matching funds
3684
for projects funded
3685
through private donations
3686
and federal grants; construction
3687
of buildings and facilities;
3688
and land acquisition ........ $ 7,000,000.00
3689
3690
3691
Phase III of repair and renovation
of Reed Green Coliseum ...... $ 3,000,000.00
Design, construction, furnishing
3692
and equipping of an oceanographic
3693
support facility ............ $ 2,000,000.00
3694
3695
3696
Gulf Coast Campuses............................. $
Facility repairs,
3697
replacements and upgrades
3698
at Gulf Coast Campuses ...... $ 6,000,000.00
3699
3700
3701
3702
3703
infrastructure and purchase
H. B. No. 1634
06/HR03/R1920SG
PAGE 112 (BS\LH)
*HR03/R1920SG*
6,500,000.00
3704
of furniture and equipment
3705
at Gulf Park Campus ......... $
3706
3707
3708
500,000.00
Design, construction, furnishing
3709
and equipping of a
3710
research office/laboratory
3711
facility at the Cedar
3712
Point Campus ................ $ 3,700,000.00
3713
3,950,000.00
3714
3715
3716
3717
3718
furniture and equipment ..... $
250,000.00
3719
STATE AGENCIES.................................... $ 80,350,000.00
3720
3721
Repair, renovation, demolition,
3722
improvement and upgrade of
3723
facilities and
3724
infrastructure .............. $ 2,000,000.00
3725
Phase II of the relocation
3726
of the Mississippi Farmers
3727
Central Market to the State
3728
Fairgrounds ................. $ 1,600,000.00
3729
Roof repairs and necessary heating
3730
and air conditioning system
3731
modifications to the Heritage
3732
Building at the Jim Buck Ross
3733
Mississippi Agriculture and
3734
Forestry Museum ............. $
3735
3736
4,070,000.00
470,000.00
H. B. No. 1634
06/HR03/R1920SG
PAGE 113 (BS\LH)
*HR03/R1920SG*
3737
equipping of a parking facility
3738
and cafeteria adjacent to
3739
the Sillers Building ........ $16,000,000.00
3740
Tenant build-out, information
3741
technology and furnishing and
3742
equipping of the Sillers
3743
Building .................... $ 3,000,000.00
3744
Plazas, demolition, landscaping,
3745
furnishing and equipping and
3746
related items for occupancy of
3747
the new Gartin justice facility
3748
and the pedestrian mall and
3749
green space located in the Sillers
3750
Building block .............. $ 6,000,000.00
3751
Property acquisition, demolition
3752
and site improvement in
3753
the vicinity of
3754
the Capitol Complex ......... $ 2,000,000.00
3755
Planning and acquisition of property,
3756
construction of facilities,
3757
furnishing, equipping and
3758
relocation of the State Tax
3759
Commission and/or Mississippi
3760
Department of Environmental
3761
Quality ..................... $ 8,000,000.00
3762
Roofing repairs, repair and/or
3763
replacement of windows and
3764
weatherization at the
3765
Robert E. Lee Building or
3766
other Capitol Complex
3767
facilities .................. $ 3,000,000.00
3768
3769
General repairs and renovations
at the 101 Capitol
H. B. No. 1634
06/HR03/R1920SG
PAGE 114 (BS\LH)
*HR03/R1920SG*
3770
Centre Building ............. $ 2,000,000.00
3771
Construction of additions to,
3772
and general repairs and
3773
renovations of, the Department
3774
of Rehabilitation Services
3775
Building .................... $ 3,000,000.00
3776
Preplanning for projects listed
3777
in subsection (5) of this
3778
section ..................... $ 2,600,000.00
3779
Department of Corrections......................... $
3780
Repair and renovation of existing
3781
facilities, infrastructure
3782
repair and expansions and
3783
3784
of facilities ............... $ 2,500,000.00
3785
3786
3,000,000.00
Construction of minor new facilities,
3787
additions to, and repair and
3788
renovation of existing facilities
3789
and furnishing and equipping
3790
of facilities, repair to
3791
dams, spillways and
3792
other infrastructure ........ $ 3,000,000.00
3793
Mississippi Schools for the Deaf and Blind........ $
3794
2,500,000.00
Continuation of renovations to
3795
the Mississippi School for
3796
the Deaf, Dormitory A
3797
including furniture and
3798
equipment; enhancements to
3799
Phases II and III to include
3800
audio and video communication,
3801
furniture, equipment, lockers
3802
and signage ................. $ 1,500,000.00
H. B. No. 1634
06/HR03/R1920SG
PAGE 115 (BS\LH)
*HR03/R1920SG*
1,500,000.00
3803
3804
3805
Department of Information and Technology
Services........................................ $
Phase II of installation of
3806
communications infrastructure
3807
and related equipment at the
3808
Capitol Complex, the Education
3809
and Research Center campus
3810
and other state buildings
3811
and connections between such
3812
locations; preplanning for
3813
a cooperative data center;
3814
and delivery system and data
3815
warehouse infrastructure for
3816
geographic information/remote
3817
sensing data ................ $ 1,800,000.00
3818
3819
7,000,000.00
Repair of existing academic
3820
center, repair or replacement
3821
of gymnasium at Columbia and
3822
other projects at Columbia
3823
and Oakley to satisfy facility
3824
requirements requested by
3825
the Department of Justice ... $ 4,000,000.00
3826
General repairs and renovations,
3827
3828
facilities and site work at
3829
the Columbia Training School
3830
and the Oakley Training
3831
School ...................... $ 3,000,000.00
3832
Mississippi Industries for the Blind.............. $
3833
1,800,000.00
Phase I of a complete reuse plan
3834
and construction, furnishing
3835
and equipping of the Mississippi
H. B. No. 1634
06/HR03/R1920SG
PAGE 116 (BS\LH)
*HR03/R1920SG*
2,000,000.00
3836
Industries for the Blind Facility
3837
and State Records Center at
3838
the old Farmers' Market
3839
location in Jackson ......... $ 2,000,000.00
3840
Mississippi National Guard........................ $
3841
3842
National Guard for
3843
construction of readiness
3844
center in Monticello,
3845
Mississippi ................. $ 1,430,000.00
3846
State Fire Academy................................ $
3847
Repair of control tower, general
3848
repairs and renovations and
3849
additions to the classroom
3850
building .................... $
3851
3852
Mississippi Authority for Educational Television.. $
3854
3857
of Highway Safety Patrol
3858
substations at New Albany,
3859
Greenwood and Meridian
3860
Districts ................... $ 2,000,000.00
Phase II of construction,
3862
3863
a Bureau of Narcotics
3864
headquarters building
3865
in the Starkville
3866
District .................... $
3868
2,350,000.00
Phase I of design, construction,
3856
3867
2,500,000.00
Necessary upgrades to television
and radio system ............ $ 2,500,000.00
3861
200,000.00
200,000.00
3853
3855
1,430,000.00
350,000.00
Mississippi Department of Transportation.......... $
Construction, equipping and
H. B. No. 1634
06/HR03/R1920SG
PAGE 117 (BS\LH)
*HR03/R1920SG*
400,000.00
3869
furnishing of a new
3870
maintenance facility in
3871
Itawamba County ............. $
3872
400,000.00
3873
3874
buildings, facilities
3875
and infrastructure .......... $ 6,000,000.00
3876
3877
6,000,000.00
TOTAL............................................. $189,160,000.00
(2)
(a)
3878
3879
of this section.
3880
3881
3882
3883
3884
3885
3886
3887
3888
3889
3890
3891
3892
3893
(b)
3894
3895
3896
3897
3898
3899
incurred for which reimbursement is sought shall be maintained for
3900
each project by the Department of Finance and Administration,
3901
Bureau of Building, Grounds and Real Property Management.
H. B. No. 1634
06/HR03/R1920SG
PAGE 118 (BS\LH)
*HR03/R1920SG*
An accounting of actual costs
3902
Reimbursement of reasonable actual and necessary costs for a
3903
project shall not exceed two percent (2%) of the proceeds of bonds
3904
issued for such project.
3905
project may not be used to reimburse administrative costs for
3906
unrelated projects.
3907
(3)
Monies authorized for a particular
3908
3909
3910
3911
3912
3913
3914
3915
3916
3917
3918
(4)
The
3919
3920
3921
3922
3923
3924
(5)
3925
3926
Management, is authorized to preplan the following projects:
3927
3928
3929
3930
3931
3932
3933
3934
(a)
Psychiatric receiving units at the Mississippi
State Hospital;
(b)
Additions to the client bed facility at the South
Mississippi State Hospital;
(c)
An anti-terrorism facility for the Mississippi
Department of Health;
(d)
Repair and renovation of the Wise Center at
H. B. No. 1634
06/HR03/R1920SG
PAGE 119 (BS\LH)
*HR03/R1920SG*
3935
Forestry and Veterinary Medicine;
3936
3937
(e)
Administration Building at Mississippi Valley State University;
3938
3939
(f)
(g)
3944
Repair and renovation of Hardy Hall at the
University of Southern Mississippi/Gulf Park Campus; and
3942
3943
A new College of Business Facility at the
University of Southern Mississippi;
3940
3941
Repair and renovation of the Carpenter
(h)
Mechanical loop system and central plant at Delta
State University.
3945
3946
section.
3947
Section 99.
(1)
(a)
3948
the "2004-2005 Community and Junior Colleges Capital Improvements
3949
Fund" is created within the State Treasury.
3950
3951
3952
3953
3954
3955
3956
expended for any purpose except as authorized under this act.
3957
(b)
The fund shall be
Unexpended
3958
3959
3960
new facilities, equipping and furnishing facilities, including
3961
furniture and technology equipment and infrastructure, and
3962
addition to or renovation of existing facilities for community and
3963
junior college campuses as recommended by the State Board for
3964
Community and Junior Colleges.
3965
community and junior college is as follows:
The amount to be expended at each
3966
Coahoma....................................... $ 2,429,419.00
3967
Copiah-Lincoln................................
H. B. No. 1634
06/HR03/R1920SG
PAGE 120 (BS\LH)
*HR03/R1920SG*
2,855,078.00
3968
East Central..................................
2,622,534.00
3969
East Mississippi..............................
3,096,334.00
3970
Hinds.........................................
5,281,200.00
3971
Holmes........................................
3,092,806.00
3972
Itawamba......................................
3,384,549.00
3973
Jones.........................................
3,797,671.00
3974
Meridian......................................
3,004,719.00
3975
Mississippi Delta.............................
3,011,572.00
3976
Mississippi Gulf Coast........................
5,072,211.00
3977
Northeast Mississippi.........................
3,003,704.00
3978
Northwest Mississippi.........................
3,916,749.00
3979
Pearl River...................................
3,001,116.00
3980
Southwest Mississippi.........................
2,430,338.00
3981
GRAND TOTAL................................... $50,000,000.00
3982
(2)
3983
3984
of this section.
3985
3986
3987
3988
3989
3990
3991
3992
3993
3994
3995
issued under Sections 97 through 118 of this act, in accordance
3996
with the proceedings authorizing the issuance of such bonds and as
3997
directed by the commission.
3998
(3)
3999
4000
H. B. No. 1634
06/HR03/R1920SG
PAGE 121 (BS\LH)
*HR03/R1920SG*
4001
4002
4003
4004
4005
4006
4007
4008
4009
Section 100.
(1)
(a)
The
4010
the "2004-2005 Ayers Settlement Agreement Capital Improvements
4011
Fund," is created within the State Treasury.
4012
4013
4014
4015
4016
4017
4018
expended for any purpose except as authorized under this section.
4019
(b)
The fund shall be
Unexpended
4020
4021
and Administration to pay the costs of capital improvements at
4022
4023
4024
State Institutions of Higher Learning in consultation with the
4025
presidents of Alcorn State University, Jackson State University
4026
and Mississippi Valley State University, in order to comply with
4027
the Settlement Agreement in the case of Ayers v. Musgrove.
4028
Projects shall be managed by the Department of Finance and
4029
Administration in accordance with the recommendations of the Board
4030
of Trustees of State Institutions of Higher Learning.
4031
(2)
4032
4033
of this section.
H. B. No. 1634
06/HR03/R1920SG
PAGE 122 (BS\LH)
*HR03/R1920SG*
4034
(3)
4035
4036
4037
4038
4039
4040
4041
4042
4043
4044
4045
(4)
The
4046
4047
4048
4049
4050
4051
4052
4053
4054
4055
Section 101.
(1)
(a)
4056
the "2004-2005 Bureau of Buildings Discretionary Fund," is created
4057
4058
4059
4060
4061
4062
4063
fund.
4064
H. B. No. 1634
06/HR03/R1920SG
PAGE 123 (BS\LH)
*HR03/R1920SG*
4065
(b)
4066
4067
of:
4068
(i)
Correction of structural, environmental and
4069
weatherization problems, required site protection, repair of
4070
finishes, completion of furnishing and equipping of the
4071
Mississippi Valley State University Administration Building and
4072
the Greenville Higher Education Center and temporary relocation of
4073
occupants of such buildings;
4074
(ii)
Site improvements, general weatherization,
4075
demolition and roofing, environmental, mechanical, electrical and
4076
structural repairs required for state-owned facilities, and repair
4077
and renovation of state-owned facilities necessary for compliance
4078
with the Americans With Disabilities Act; and
4079
4080
(iii)
Completion of previously authorized
projects.
4081
(c)
In addition to other amounts required to be
4082
deposited into the fund, any settlement or award of damages paid
4083
to the state as a result of disputes arising out of the
4084
construction of Mississippi Valley State University Administration
4085
Building or the Greenville Higher Education Center, shall be
4086
deposited into the fund.
4087
(2)
4088
4089
of this section.
4090
(3)
4091
4092
4093
4094
4095
4096
4097
Section 102.
(1)
(a)
A special fund to be designated as
the "2004-2005 Hillcrest Cemetery Repair Fund" is created within
H. B. No. 1634
06/HR03/R1920SG
PAGE 124 (BS\LH)
*HR03/R1920SG*
4098
the State Treasury.
4099
4100
4101
4102
4103
4104
fund.
4105
4106
(b)
4107
4108
Holly Springs, Mississippi, to pay the costs of repairs to the
4109
historical portion of the Hillcrest Cemetery.
4110
(2)
4111
disbursed by the Department of Finance and Administration to pay
4112
the costs of projects described in subsection (1) of this section.
4113
(3)
4114
City of Holly Springs, Mississippi, upon warrants issued by the
4115
4116
4117
4118
Section 103.
(1)
The commission, at one time, or from time
4119
to time, may declare by resolution the necessity for issuance of
4120
4121
4122
described in Sections 98 and 99 of this act.
4123
a resolution by the Department of Finance and Administration,
4124
4125
4126
4127
4128
4129
act as the issuing agent, prescribe the form of the bonds,
4130
advertise for and accept bids, issue and sell the bonds so
H. B. No. 1634
06/HR03/R1920SG
PAGE 125 (BS\LH)
*HR03/R1920SG*
Upon the adoption of
Upon
4131
4132
4133
bonds.
4134
the total amount of bonds issued under Sections 97 through 118 of
4135
this act shall not exceed Two Hundred Fifty-three Million Three
4136
Hundred Sixty Thousand Dollars ($253,360,000.00).
4137
be issued under this section after July 1, 2008.
4138
(2)
Except as otherwise provided in Section 102 of this act,
No bonds shall
The proceeds of the bonds issued pursuant to this act
4139
4140
4141
(a)
The 2004-2005 Institutions of Higher Learning
4142
Capital and State Agencies Improvements Fund created pursuant
4143
to Section 98 of this act....................... $ 189,160,000.00.
4144
(b)
The 2004-2005 Community and Junior Colleges Capital
4145
Improvements Fund created pursuant to Section 99
4146
of this act..................................... $
4147
(c)
The 2004-2005 Bureau of Buildings Discretionary
4148
Fund created pursuant to Section 101 of this
4149
act............................................. $
4150
4151
4152
(d)
14,000,000.00.
The 2004-2005 Hillcrest Cemetery Repair Fund
created pursuant to Section 102 of this act..... $
(3)
50,000,000.00.
200,000.00.
4153
special funds created in Sections 98, 99, 101 and 102 of this act
4154
shall be used to pay debt service on bonds issued under Sections
4155
97 through 118 of this act, in accordance with the proceedings
4156
4157
Section 104.
(1)
4158
4159
4160
4161
4162
4163
H. B. No. 1634
06/HR03/R1920SG
PAGE 126 (BS\LH)
*HR03/R1920SG*
4164
4165
4166
4167
4168
4169
4170
4171
4172
4173
4174
4175
4176
bonds.
4177
shall not exceed Thirty Million Dollars ($30,000,000.00).
4178
(2)
Upon
4179
4180
4181
4182
shall be used to pay debt service on bonds issued under Sections
4183
97 through 118 of this act, in accordance with the proceedings
4184
4185
Section 105.
4186
4187
4188
4189
4190
4191
4192
4193
4194
4195
H. B. No. 1634
06/HR03/R1920SG
PAGE 127 (BS\LH)
*HR03/R1920SG*
Such bonds shall
4196
4197
4198
Section 106.
The bonds authorized by Sections 97 through 118
4199
of this act shall be signed by the chairman of the commission, or
4200
by his facsimile signature, and the official seal of the
4201
commission shall be affixed thereto, attested by the secretary of
4202
the commission.
4203
such bonds may be executed by the facsimile signatures of such
4204
officers.
4205
4206
4207
4208
4209
4210
4211
4212
4213
4214
4215
4216
The interest coupons, if any, to be attached to
Section 107.
4217
4218
4219
4220
4221
4222
4223
Section 108.
4224
for the bonds authorized under Sections 97 through 118 of this
4225
act, prescribe the form of the bonds, advertise for and accept
4226
bids, issue and sell the bonds so authorized to be sold, pay all
4227
fees and costs incurred in such issuance and sale, and do any and
4228
H. B. No. 1634
06/HR03/R1920SG
PAGE 128 (BS\LH)
*HR03/R1920SG*
4229
4230
4231
4232
4233
4234
4235
4236
4237
4238
4239
4240
4241
4242
4243
4244
4245
4246
4247
commission.
4248
4249
Sections 97 through 118 of this act, may provide that bonds, at
4250
the option of the State of Mississippi, may be called in for
4251
payment and redemption at the call price named therein and accrued
4252
4253
Section 109.
4254
4255
4256
4257
4258
4259
4260
H. B. No. 1634
06/HR03/R1920SG
PAGE 129 (BS\LH)
*HR03/R1920SG*
If
All
4261
4262
4263
Section 110.
4264
4265
4266
special funds created in Sections 98, 99, 100, 101 and 102 of this
4267
act in the amounts provided for in Sections 103(2) and 104 of this
4268
act.
4269
the order of the Department of Finance and Administration under
4270
such restrictions, if any, as may be contained in the resolution
4271
4272
The proceeds of such bonds shall be disbursed solely upon
Section 111.
The bonds authorized under Sections 97 through
4273
118 of this act may be issued without any other proceedings or the
4274
4275
4276
4277
4278
through 118 of this act shall become effective immediately upon
4279
4280
4281
4282
Section 112.
4283
Sections 97 through 118 of this act may be validated in the
4284
Chancery Court of the First Judicial District of Hinds County,
4285
Mississippi, in the manner and with the force and effect provided
4286
4287
4288
The notice to taxpayers required by such statutes shall be
4289
published in a newspaper published or having a general circulation
4290
in the City of Jackson, Mississippi.
4291
Section 113.
4292
4293
H. B. No. 1634
06/HR03/R1920SG
PAGE 130 (BS\LH)
*HR03/R1920SG*
4294
4295
4296
4297
4298
4299
4300
Section 114.
4301
4302
4303
4304
4305
4306
4307
4308
public funds.
4309
Section 115.
Bonds issued under the provisions of Sections
4310
97 through 118 of this act and income therefrom shall be exempt
4311
from all taxation in the State of Mississippi.
4312
Section 116.
4313
4314
4315
sale of such bonds.
4316
Section 117.
4317
4318
4319
4320
4321
4322
accreted value of, all bonds issued under Sections 97 through 118
4323
of this act; and the State Treasurer shall forward the necessary
4324
4325
4326
H. B. No. 1634
06/HR03/R1920SG
PAGE 131 (BS\LH)
*HR03/R1920SG*
4327
Section 118.
4328
4329
powers herein granted, but Sections 97 through 118 of this act
4330
4331
4332
SECTION 14.
4333
2003, as amended by Chapter 411, Laws of 2004, as amended by
4334
Section 186, Chapter 1, Laws of 2004 Third Extraordinary Session,
4335
are amended as follows:
4336
Section 1.
4337
4338
4339
(a)
4340
4341
4342
4343
4344
4345
maturity.
4346
(b)
4347
(c)
4348
Section 2.
(1)
(a)
4349
"2003 IHL and State Agencies Capital Improvements Fund" is created
4350
4351
4352
4353
4354
4355
4356
(b)
4357
4358
4359
H. B. No. 1634
06/HR03/R1920SG
PAGE 132 (BS\LH)
*HR03/R1920SG*
4360
under its management and control, to pay the costs of capital
4361
4362
4363
4364
NAME
PROJECT
4365
AMOUNT
ALLOCATED
4366
INSTITUTIONS OF HIGHER LEARNING................... $ 63,760,000.00
4367
4368
Complete renovation of the baseball
4369
field, to include dugouts, bleachers,
4370
concession stands, backstops
4371
and fencing ................ $
4372
500,000.00
4373
buildings and facilities and repair,
4374
renovation, replacement and improvement
4375
of campus infrastructure ... $ 2,000,000.00
4376
4377
Construction of new campus
4378
buildings and facilities, and
4379
4380
4381
infrastructure, including
4382
repairs and renovations of
4383
the Chadwick-Dickson
4384
Building ................... $ 3,000,000.00
4385
2,500,000.00
Repair, renovation and
4386
restoration of the
4387
Cutrer House at the
4388
Clarksdale Center and
4389
repair, renovation and
4390
restoration of the Coahoma
4391
Community College - Delta
4392
State University Education
H. B. No. 1634
06/HR03/R1920SG
PAGE 133 (BS\LH)
*HR03/R1920SG*
6,200,000.00
4393
4394
Center ..................... $ 2,500,000.00
Purchase of two (2)
4395
airplanes and three (3)
4396
flight simulators for the
4397
Gibson-Gunn Aviation
4398
School ..................... $
4399
4400
to campus in the surrounding
4402
neighborhood ............... $
500,000.00
Parking construction, paving and
4404
repair and renovation of campus
4405
buildings and facilities ... $ 1,500,000.00
4406
Acquisition and installation
4407
of any equipment necessary
4408
in establishing and maintaining
4409
a digital transmission system
4410
for TV23 ................... $ 1,000,000.00
4411
Construction of a new
4412
baseball stadium and field
4413
and related facilities ..... $ 1,500,000.00
4414
Work necessary to correct
4415
drainage problems on the
4416
west side of the campus .... $
4417
400,000.00
Phase II of construction of
4418
the Lynch Street Corridor
4419
Project, including landscaping
4420
and irrigation for the
4421
project .................... $ 1,500,000.00
4422
4423
6,400,000.00
Acquisition of land adjacent
4401
4403
700,000.00
Mississippi University for Women.................. $
4424
Martin Hall for
4425
purpose of housing the
H. B. No. 1634
06/HR03/R1920SG
PAGE 134 (BS\LH)
*HR03/R1920SG*
4,500,000.00
4426
4427
4428
School of Nursing .......... $ 4,500,000.00
Mississippi State University...................... $
Phase I of repair and renovation
4429
of Colvard Student
4430
Union ...................... $ 8,000,000.00
4431
Expansion of the North
4432
Mississippi Research
4433
and Extension Center ....... $
4434
4435
4436
960,000.00
a new building for the
4438
Department of
4439
Agricultural and
4440
Biological Engineering ..... $ 4,750,000.00
4442
4443
buildings and facilities and
4444
4445
4446
infrastructure ............. $ 4,000,000.00
4447
Design through construction
4448
documents and Phase I of
4449
construction of a wellness
4450
center ..................... $ 1,000,000.00
4451
University of Mississippi......................... $
4452
Renovation of Farley Hall ..... $ 5,000,000.00
4453
Final phase of renovation
4454
4455
4456
4,750,000.00
Phase I construction of
4437
4441
8,960,000.00
of Bryant Hall ............. $ 2,500,000.00
Final phase of relocation
of the Physical Plant ...... $ 1,000,000.00
4457
4458
H. B. No. 1634
06/HR03/R1920SG
PAGE 135 (BS\LH)
*HR03/R1920SG*
5,000,000.00
9,000,000.00
4459
4460
4461
infrastructure ............. $
4462
4463
500,000.00
To aid in the purchase or,
4464
to construct, furnish and
4465
equip a clinical/teaching
4466
facility as determined by
4467
the Vice Chancellor for
4468
Health Affairs for the
4469
University Medical Center
4470
to be in the best interest of
4471
the University Medical Center
4472
and approved by the Board
4473
of Trustees of State
4474
Institutions of
4475
Higher Learning ............ $ 4,000,000.00
4476
University of Southern Mississippi................ $
4477
Repair and renovation of the
4478
Reed Green Multipurpose
4479
Facility ................... $ 3,000,000.00
4480
of the Polymer Institute
4482
Product Process Unit/Building
4483
to house donated equipment
4484
from industry .............. $ 2,000,000.00
4486
campus buildings, facilities
4487
and infrastructure ......... $ 3,000,000.00
4488
4489
4490
4491
8,000,000.00
Completion of construction
4481
4485
4,000,000.00
Gulf Coast Campuses............................. $
Facility repairs, replacements
and upgrades ............... $ 2,000,000.00
H. B. No. 1634
06/HR03/R1920SG
PAGE 136 (BS\LH)
*HR03/R1920SG*
2,000,000.00
4492
4493
4494
4495
4496
4497
4498
infrastructure ............. $
4499
4500
4501
750,000.00
Stennis Space Center............................ $
4503
of the High Performance
4504
Visualization Center ....... $ 1,000,000.00
4506
1,000,000.00
Completion of expansion,
4502
4505
750,000.00
Education and Research Center..................... $
700,000.00
Repair, renovation, furnishing
4507
and equipping of
4508
buildings, facilities
4509
and infrastructure ......... $
700,000.00
4510
STATE AGENCIES.................................... $ 55,434,000.00
4511
4512
Renovation of cottages
4513
and construction of a visitors
4514
center and staff housing at
4515
Columbia and Oakley
4516
Training Schools ........... $ 2,000,000.00
4517
4518
4519
4520
2,000,000.00
1,000,000.00
Construction of a vehicle
maintenance facility ....... $ 1,000,000.00
4521
Repair, renovation, replacement,
4522
demolition, improvement and
4523
upgrade of facilities and
4524
infrastructure at the State
H. B. No. 1634
06/HR03/R1920SG
PAGE 137 (BS\LH)
*HR03/R1920SG*
4,000,000.00
4525
Fairgrounds and construction
4526
of facilities necessary to relocate
4527
the retail portion of the
4528
Mississippi Farmers Central Market
4529
to the State Fairgrounds ... $ 4,000,000.00
4530
4531
Department of Education........................... $
Renovation, furnishing and
4532
equipping of Dobyns Hall
4533
at the Mississippi Schools
4534
for the Blind and Deaf ..... $ 1,984,000.00
4535
Equipping, furnishing and other
4536
start-up costs for the
4537
Mississippi School for the
4538
Arts, including,
4539
but not limited to, computer
4540
equipment; visual art, music
4541
and theater supplies; cafeteria
4542
equipment and supplies;
4543
textbooks; classroom supplies;
4544
infirmary and residential
4545
life supplies ............ $ 1,000,000.00
4546
4547
Completion of construction
4548
of mental health crisis
4549
intervention centers first
4550
authorized by Chapter 463,
4551
Laws of 1999 ............... $ 2,400,000.00
4552
Construction of a
4553
maintenance/warehouse
4554
building at the Mississippi
4555
State Hospital ............. $ 1,400,000.00
4556
4557
2,984,000.00
Completion of furnishing and
equipping of nursing
H. B. No. 1634
06/HR03/R1920SG
PAGE 138 (BS\LH)
*HR03/R1920SG*
6,200,000.00
4558
home facilities at
4559
the East Mississippi
4560
State Hospital ............. $ 1,000,000.00
4561
4562
equipping of two (2)
4563
intermediate care facilities
4564
for the mentally retarded
4565
(community group homes) .... $ 1,400,000.00
4566
4567
Completion of construction, equipping
4568
and furnishing of a justice
4569
facility to accommodate the
4570
Supreme Court, Court of Appeals
4571
and State Law Library ...... $16,000,000.00
4572
Acquisition of real property
4573
and improvements located
4574
thereon in the vicinity of the
4575
New Capitol for use as
4576
part of the Capitol
4577
Complex .................... $ 1,000,000.00
4578
4579
repair and renovation of state-owned
4580
facilities necessary for
4581
compliance with the Americans
4582
With Disabilities Act ...... $ 1,000,000.00
4583
4584
repair and renovation of state
4585
institutions of higher learning
4586
necessary for compliance with
4587
the Americans With Disabilities
4588
Act ........................ $ 1,000,000.00
4589
4590
Development of requirements
and Phase I of the
H. B. No. 1634
06/HR03/R1920SG
PAGE 139 (BS\LH)
*HR03/R1920SG*
4591
implementation of a
4592
construction and property
4593
management information
4594
system .................. $
4595
4596
4597
equipping of two (2) duplex
4598
cabins at Trace State Park
4599
and utility connections,
4600
road extensions and
4601
parking areas for
4602
such cabins ............... $
4603
500,000.00
325,000.00
4604
equipping of two (2) duplex
4605
cabins at Lake Lowndes State
4606
Park and utility connections,
4607
road extensions and parking
4608
areas for such cabins ..... $
4609
A proposed plan which the Department
325,000.00
4610
of Wildlife, Fisheries and Parks
4611
shall provide not later than
4612
December 1, 2003, for an eighty-
4613
to one-hundred-fifty-acre general
4614
purpose lake located in, adjacent
4615
to or in close proximity to the
4616
Tuscumbia Wildlife Management
4617
Area located in Alcorn County,
4618
Mississippi.
4619
consist of an exact location
4620
for the proposed lake with
4621
detailed property descriptions,
4622
preliminary plans and specifications
4623
for the lake and shall be made
H. B. No. 1634
06/HR03/R1920SG
PAGE 140 (BS\LH)
This plan shall
*HR03/R1920SG*
750,000.00
4624
available not later than
4625
December 1, 2003 .......... $
4626
4627
4628
4629
Mississippi Forestry Commission................... $
storage facilities and
* * *
equipping of facilities
4631
and construction of new
4632
storage facilities
4633
and related costs ......... $
4635
4636
4637
4638
1,000,000.00
State Veterans Affairs Board...................... $
state veterans homes ...... $
900,000.00
Mississippi Library Commission.................... $
4640
Library Commission
4641
Building and moving/relocation
4642
expenses and other necessary
4643
expenses associated with
4644
such facility ............. $ 3,000,000.00
Acquiring and implementing a
4646
statewide, technology
4647
standards-compliant
4648
interlibrary loan/booksharing
4649
system .................... $
4651
500,000.00
Mississippi National Guard........................ $
4652
National Guard for construction
4653
of an armory in Kosciusko,
4654
Mississippi ............... $ 1,400,000.00
4655
4656
3,500,000.00
of the new Mississippi
4650
900,000.00
Repair and renovation of the
4639
4645
1,000,000.00
Repair, renovation of equipment
4630
4634
100,000.00
National Guard for armory
H. B. No. 1634
06/HR03/R1920SG
PAGE 141 (BS\LH)
*HR03/R1920SG*
1,900,000.00
4657
maintenance and repair
4658
projects .................. $
4659
4660
500,000.00
Department of Archives and History................ $
Finalization of architectural and
4661
exhibit design through
4662
construction documents and
4663
limited site preparation/
4664
improvement for the new
4665
State Historical Museum
4666
authorized by Chapter 560,
4667
Laws of 1998 .............. $ 1,500,000.00
4668
4669
Department of Information Technology Services..... $
communications infrastructure
4671
and related equipment at the
4672
Capitol Complex, the Education
4673
and Research Center Campus
4674
and other state buildings
4675
and connections between such
4676
locations ................. $ 1,900,000.00
4678
Mississippi Veterinary Diagnostic Laboratory...... $
furnishing and equipping and
4680
moving and relocation of the
4681
Mississippi Veterinary Diagnostic
4682
Laboratory in Jackson
4683
and related expenses ...... $ 6,000,000.00
4685
6,000,000.00
Phase II of construction,
4679
4684
1,900,000.00
Phase I of installation of
4670
4677
1,500,000.00
State Fire Academy................................ $
Construction, equipping and
4686
furnishing a new burn building
4687
with gas fire simulators
4688
and other related facilities
4689
at State Fire Academy
H. B. No. 1634
06/HR03/R1920SG
PAGE 142 (BS\LH)
*HR03/R1920SG*
2,300,000.00
4690
4691
4692
in Rankin County .......... $ 2,300,000.00
TOTAL............................................. $119,194,000.00
(2)
(a)
4693
4694
of this section.
4695
4696
4697
4698
4699
4700
4701
4702
4703
4704
4705
4706
4707
4708
(b)
4709
4710
4711
4712
4713
4714
until such time as the project is completed.
4715
actual costs incurred for which reimbursement is sought shall be
4716
maintained for each project by the Department of Finance and
4717
4718
Management.
4719
costs for a project shall not exceed three percent (3%) of the
4720
proceeds of bonds issued for such project.
4721
a particular project may not be used to reimburse administrative
4722
costs for unrelated projects.
Reimbursement may be made only
An accounting of
Reimbursement of reasonable actual and necessary
H. B. No. 1634
06/HR03/R1920SG
PAGE 143 (BS\LH)
*HR03/R1920SG*
Monies authorized for
4723
(3)
4724
4725
4726
4727
4728
4729
4730
4731
4732
4733
4734
(4)
The
4735
4736
4737
4738
general repairs and renovations or previously authorized capital
4739
projects at the agency or institution of higher learning to which
4740
such amount is allocated.
4741
(5)
4742
4743
Management, is authorized to preplan or continue planning of the
4744
following projects:
4745
(a)
Continuation of preplanning of Phase I of repair
4746
and renovation or construction of dining facilities at Alcorn
4747
State University;
4748
4749
4750
4751
4752
4753
4754
(b)
Construction of a new men's dormitory at Alcorn
State University;
(c)
Renovation of Dansby Hall, Johnson Hall and Charles
Moore Hall at Jackson State University;
(d)
Renovation of Poindexter Hall at the Mississippi
University for Women; and
(e)
H. B. No. 1634
06/HR03/R1920SG
PAGE 144 (BS\LH)
Relocation of State Records Center.
*HR03/R1920SG*
4755
4756
4757
section.
4758
(6)
The use of monies allocated to Delta State University
4759
under subsection (1) of this section for use at the Coahoma
4760
Community College - Delta State University Education Center shall
4761
be conditioned upon Coahoma County, Mississippi, providing
4762
matching funds in an amount not less than the monies allocated to
4763
such center under subsection (1) of this section.
4764
Section 3.
(1)
(a)
4765
"2003 Community and Junior Colleges Capital Improvements Fund" is
4766
4767
4768
4769
4770
4771
4772
of the fund.
4773
any purpose except as authorized under Sections 1 through 24 of
4774
this act.
4775
(b)
Unexpended amounts
4776
4777
4778
new facilities, equipping and furnishing facilities, including
4779
furniture and technology equipment and infrastructure, and
4780
addition to or renovation of existing facilities for community and
4781
junior college campuses as recommended by the State Board for
4782
Community and Junior Colleges.
4783
community and junior college is as follows:
The amount to be expended at each
4784
Coahoma....................................... $
578,799.00
4785
Copiah-Lincoln................................
683,117.00
4786
East Central..................................
614,715.00
4787
East Mississippi..............................
709,527.00
H. B. No. 1634
06/HR03/R1920SG
PAGE 145 (BS\LH)
*HR03/R1920SG*
4788
Hinds.........................................
1,341,127.00
4789
Holmes........................................
738,315.00
4790
Itawamba......................................
776,873.00
4791
Jones.........................................
930,845.00
4792
Meridian......................................
710,056.00
4793
Mississippi Delta.............................
747,822.00
4794
Mississippi Gulf Coast........................
1,185,439.00
4795
Northeast Mississippi.........................
742,672.00
4796
Northwest Mississippi.........................
949,992.00
4797
Pearl River...................................
716,262.00
4798
Southwest Mississippi.........................
574,439.00
4799
GRAND TOTAL................................... $12,000,000.00
4800
(2)
4801
4802
of this section.
4803
4804
4805
4806
4807
4808
4809
4810
in subsection (1) of this section shall have been completed,
4811
4812
4813
4814
4815
4816
(3)
4817
4818
4819
4820
H. B. No. 1634
06/HR03/R1920SG
PAGE 146 (BS\LH)
*HR03/R1920SG*
The
4821
4822
4823
4824
4825
4826
4827
Section 4.
(1)
(a)
4828
"2003 Mississippi State-Owned Buildings and IHL Repair and
4829
Renovation Fund" is created within the State Treasury.
4830
shall be maintained by the State Treasurer as a separate and
4831
special fund, separate and apart from the General Fund of the
4832
state.
4833
4834
4835
4836
The fund
(b)
4837
4838
to pay the costs of repair and renovation of state-owned buildings
4839
and facilities, and repair and renovation of state institutions of
4840
higher learning, including having environmental studies or other
4841
studies performed for the purpose of determining, assessing and/or
4842
correcting problems regarding black mold and other hazardous
4843
substances; however, Five Hundred Thousand Dollars ($500,000.00)
4844
shall be disbursed by the Department of Finance and Administration
4845
to pay the cost of repairs and renovations at the Mississippi
4846
School for the Deaf and the Mississippi School for the Blind.
4847
(2)
4848
disbursed to pay the costs of the projects described in subsection
4849
(1) of this section.
4850
used within four (4) years after the date the proceeds of the
4851
bonds authorized under Sections 1 through 24 of this act are
4852
deposited into the special fund, then the Department of Finance
4853
and Administration shall provide an accounting of such unused
H. B. No. 1634
06/HR03/R1920SG
PAGE 147 (BS\LH)
If any monies in such special fund are not
*HR03/R1920SG*
4854
4855
4856
in subsection (1) of this section shall have been completed,
4857
4858
4859
4860
4861
4862
(3)
4863
4864
4865
4866
4867
4868
4869
4870
4871
4872
4873
Section 5.
(1)
(a)
The
4874
"2003 Ayers Settlement Agreement Capital Improvements Fund" is
4875
4876
4877
4878
4879
4880
4881
of the fund.
4882
4883
(b)
Unexpended amounts
4884
4885
and Administration to pay the costs of capital improvements at
4886
H. B. No. 1634
06/HR03/R1920SG
PAGE 148 (BS\LH)
*HR03/R1920SG*
4887
4888
State Institutions of Higher Learning in order to comply with the
4889
Settlement Agreement in the case of Ayers v. Musgrove.
4890
(2)
4891
4892
of this section.
4893
(3)
4894
4895
4896
4897
4898
4899
4900
4901
4902
4903
4904
(4)
The
4905
4906
4907
4908
4909
4910
4911
4912
4913
4914
Section 6.
(1)
(a)
4915
"2003 Mississippi EDNET Fund" is created within the State
4916
Treasury.
4917
4918
Fund of the state.
4919
H. B. No. 1634
06/HR03/R1920SG
PAGE 149 (BS\LH)
*HR03/R1920SG*
4920
4921
the fund shall be deposited to the credit of the fund.
4922
the fund may not be used or expended for any purpose except as
4923
authorized under this section.
4924
(b)
Monies in
4925
by the Department of Finance and Administration to the Mississippi
4926
EDNET Institute, to pay the costs of engineering, procuring and
4927
installing equipment and facilities consisting of digital
4928
microwave interconnect and support equipment, digital video
4929
encoding and decoding equipment, digital ITFS transmission
4930
equipment, antennas and transmission lines and/or any equipment
4931
useful in establishing or maintaining a digital or analog
4932
transmission or origination system in order to complete the
4933
existing but incomplete EDNET ITFS statewide network.
4934
(2)
4935
disbursed to the Mississippi EDNET Institute to pay the costs of
4936
projects described in subsection (1) of this section.
4937
(3)
4938
4939
4940
Treasurer to the Mississippi EDNET Institute upon warrants issued
4941
by such department, which warrants shall be issued upon
4942
requisitions signed by the Executive Director of the Department of
4943
Finance and Administration, or his designee.
4944
Section 7.
(1)
(a)
4945
"2003 Chalmers Institute Repair and Renovation Fund" is created
4946
4947
4948
4949
4950
4951
H. B. No. 1634
06/HR03/R1920SG
PAGE 150 (BS\LH)
*HR03/R1920SG*
4952
fund.
4953
4954
(b)
4955
4956
of repairs and renovations of the Chalmers Institute in Holly
4957
Springs, Mississippi.
4958
(2)
4959
4960
of this section.
4961
(3)
4962
4963
4964
4965
4966
4967
4968
4969
4970
4971
4972
Section 8.
(1)
(a)
The
4973
"2003 Hillcrest Cemetery Repair Fund" is created within the State
4974
Treasury.
4975
4976
Fund of the state.
4977
4978
4979
the fund shall be deposited to the credit of the fund.
4980
the fund may not be used or expended for any purpose except as
4981
authorized under this section.
4982
4983
(b)
Monies in
H. B. No. 1634
06/HR03/R1920SG
PAGE 151 (BS\LH)
*HR03/R1920SG*
4984
Holly Springs, Mississippi, to pay the costs of repairs to the
4985
historical portion of the Hillcrest Cemetery.
4986
(2)
4987
disbursed by the Department of Finance and Administration to pay
4988
the costs of projects described in subsection (1) of this section.
4989
(3)
4990
City of Holly Springs, Mississippi, upon warrants issued by the
4991
4992
4993
4994
Section 9.
(1)
The commission, at one time, or from time to
4995
time, may declare by resolution the necessity for issuance of
4996
4997
4998
described in Sections 2, 3, 4, 6, 7 and 8 of this act.
4999
5000
Administration, declaring the necessity for the issuance of any
5001
part or all of the general obligation bonds authorized by this
5002
section, the Department of Finance and Administration shall
5003
5004
commission.
5005
5006
5007
5008
5009
of such bonds.
5010
act, the total amount of bonds issued under Sections 1 through 24
5011
of this act shall not exceed One Hundred Thirty-nine Million Four
5012
Hundred Eighty-four Thousand Dollars ($139,484,000.00).
5013
shall be issued under this section after July 1, 2008.
5014
(2)
Upon the
Except as otherwise provided in Section 10 of this
No bonds
The proceeds of the bonds issued pursuant to Sections 1
5015
through 24 of this act shall be deposited into the following
5016
special funds in not more than the following amounts:
H. B. No. 1634
06/HR03/R1920SG
PAGE 152 (BS\LH)
*HR03/R1920SG*
5017
(a)
The 2003 IHL Capital and State Agencies
5018
5019
act.............................................. $119,194,000.00.
5020
(b)
The 2003 Community and Junior College Capital
5021
5022
act.............................................. $ 12,000,000.00.
5023
(c)
The 2003 Mississippi State-Owned Buildings and IHL
5024
Repair and Renovation Fund created pursuant to Section 4
5025
of this act...................................... $
5026
5027
(d)
5029
(e)
(f)
(g)
90,000.00.
The 2003 Hillcrest Cemetery Fund created pursuant
to Section 8 of this act......................... $
5032
900,000.00.
The 2003 Chalmers Institute Repair and Renovation
Fund created pursuant to Section 7 of this act... $
5030
5031
The 2003 Mississippi EDNET Fund created pursuant to
Section 6 of this act............................ $
5028
3,000,000.00.
300,000.00.
The Rural Fire Truck Fund created pursuant to
5033
Section 17-23-1 for the rural fire truck acquisition assistance
5034
program.......................................... $
5035
(3)
4,000,000.00.
5036
special funds created in Sections 2, 3, 4, 6, 7 and 8 of this act
5037
5038
5039
5040
Section 10.
(1)
5041
5042
5043
5044
5045
5046
5047
5048
5049
H. B. No. 1634
06/HR03/R1920SG
PAGE 153 (BS\LH)
*HR03/R1920SG*
5050
5051
5052
5053
5054
5055
5056
5057
5058
5059
bonds.
5060
shall not exceed Fifteen Million Dollars ($15,000,000.00).
5061
(2)
Upon
5062
5063
5064
5065
5066
5067
5068
Section 11.
5069
5070
5071
5072
5073
5074
5075
5076
5077
5078
5079
5080
5081
5082
Section 12.
Such bonds shall
H. B. No. 1634
06/HR03/R1920SG
PAGE 154 (BS\LH)
*HR03/R1920SG*
5083
5084
5085
commission.
5086
5087
officers.
5088
5089
5090
5091
5092
5093
5094
5095
5096
5097
5098
5099
Section 13.
5100
5101
5102
5103
5104
5105
5106
Section 14.
5107
for the bonds authorized under Sections 1 through 24 of this act,
5108
5109
5110
5111
5112
5113
5114
5115
H. B. No. 1634
06/HR03/R1920SG
PAGE 155 (BS\LH)
*HR03/R1920SG*
5116
5117
5118
5119
5120
5121
5122
5123
5124
5125
5126
5127
5128
5129
5130
commission.
5131
5132
5133
5134
5135
5136
Section 15.
5137
5138
5139
5140
5141
5142
5143
5144
5145
5146
Section 16.
All
5147
5148
H. B. No. 1634
06/HR03/R1920SG
PAGE 156 (BS\LH)
*HR03/R1920SG*
If
5149
special funds created in Sections 2, 3, 4, 5, 6, 7 and 8 of this
5150
act in the amounts provided for in Sections 9(2) and 10 of this
5151
act.
5152
the order of the Department of Finance and Administration under
5153
such restrictions, if any, as may be contained in the resolution
5154
5155
The proceeds of such bonds shall be disbursed solely upon
Section 17.
5156
5157
5158
5159
5160
5161
5162
5163
5164
of its members.
5165
Section 18.
5166
5167
5168
5169
5170
5171
5172
5173
5174
Section 19.
The notice to
5175
5176
5177
5178
5179
5180
H. B. No. 1634
06/HR03/R1920SG
PAGE 157 (BS\LH)
*HR03/R1920SG*
5181
5182
5183
Section 20.
5184
5185
5186
5187
5188
5189
5190
5191
public funds.
5192
Section 21.
5193
5194
5195
Section 22.
5196
5197
5198
sale of such bonds.
5199
Section 23.
5200
5201
5202
5203
5204
5205
5206
5207
5208
5209
5210
Section 24.
5211
5212
powers herein granted, but this act shall not be deemed to repeal
5213
or to be in derogation of any existing law of this state.
H. B. No. 1634
06/HR03/R1920SG
PAGE 158 (BS\LH)
*HR03/R1920SG*
5214
SECTION 15.
(1)
As used in this section, the following
5215
words shall have the meanings ascribed herein unless the context
5216
clearly requires otherwise:
5217
(a)
5218
5219
5220
5221
5222
5223
maturity.
5224
(b)
5225
(c)
(a)
5226
(2)
5227
5228
5229
the Mississippi Community Heritage Preservation Grant Fund created
5230
5231
by the Department of Finance and Administration, declaring the
5232
5233
obligation bonds authorized by this section, the Department of
5234
Finance and Administration shall deliver a certified copy of its
5235
resolution or resolutions to the commission.
5236
resolution, the commission, in its discretion, may act as the
5237
issuing agent, prescribe the form of the bonds, advertise for and
5238
accept bids, issue and sell the bonds so authorized to be sold and
5239
do any and all other things necessary and advisable in connection
5240
with the issuance and sale of such bonds.
5241
bonds issued under this section shall not exceed Four Million
5242
Dollars ($4,000,000.00).
5243
shall be issued after July 1, 2010.
5244
(b)
Upon the adoption of a resolution
Upon receipt of such
The total amount of
No bonds authorized under this section
The proceeds of bonds issued pursuant to this
5245
section shall be deposited into the Mississippi Community Heritage
5246
Preservation Grant Fund created pursuant to Section 39-5-145.
H. B. No. 1634
06/HR03/R1920SG
PAGE 159 (BS\LH)
*HR03/R1920SG*
Any
5247
investment earnings on bonds issued pursuant to this section shall
5248
5249
5250
bonds.
5251
(3)
5252
5253
section.
5254
5255
5256
5257
5258
5259
5260
5261
5262
5263
commission.
5264
(4)
5265
5266
5267
5268
5269
5270
5271
5272
5273
5274
5275
5276
5277
5278
5279
bear.
The interest
Whenever any such
H. B. No. 1634
06/HR03/R1920SG
PAGE 160 (BS\LH)
*HR03/R1920SG*
5280
5281
5282
(5)
5283
5284
5285
5286
5287
5288
(6)
5289
5290
5291
5292
5293
5294
5295
5296
5297
sale of such bonds.
5298
5299
5300
5301
5302
5303
5304
5305
5306
5307
5308
5309
5310
5311
commission.
H. B. No. 1634
06/HR03/R1920SG
PAGE 161 (BS\LH)
*HR03/R1920SG*
5312
5313
5314
5315
5316
5317
(7)
5318
5319
5320
5321
5322
5323
5324
5325
5326
this section.
5327
(8)
5328
5329
such sale or sales to the Mississippi Community Heritage
5330
Preservation Grant Fund created in Section 39-5-145, and the
5331
proceeds of such bonds shall be disbursed for the purposes
5332
provided in Section 39-5-145.
5333
(9)
5334
5335
5336
5337
5338
5339
5340
5341
5342
(10)
Any
5343
5344
H. B. No. 1634
06/HR03/R1920SG
PAGE 162 (BS\LH)
*HR03/R1920SG*
5345
5346
5347
5348
5349
5350
(11)
5351
5352
5353
5354
5355
5356
5357
interest thereon.
5358
(12)
5359
5360
5361
5362
5363
5364
5365
5366
(13)
5367
5368
Mississippi.
5369
(14)
5370
shall be used solely for the purposes therein provided, including
5371
5372
(15)
5373
5374
5375
5376
5377
H. B. No. 1634
06/HR03/R1920SG
PAGE 163 (BS\LH)
*HR03/R1920SG*
5378
5379
5380
5381
5382
thereof.
5383
(16)
5384
authority for the exercise of the powers therein granted, but this
5385
section of this act shall not be deemed to repeal or to be in
5386
derogation of any existing law of this state.
5387
SECTION 16.
5388
amended as follows:
5389
39-5-145.
(1)
A special fund, to be designated the
5390
"Mississippi Community Heritage Preservation Grant Fund," is
5391
5392
5393
5394
consist of any monies designated for deposit therein from any
5395
source, including proceeds of any state general obligation bonds
5396
designated for deposit therein * * *.
5397
5398
into the State General Fund and any interest earned or investment
5399
earnings on amounts in the fund shall be deposited into the fund.
5400
The expenditure of monies deposited into the fund shall be under
5401
the direction of the Department of Finance and Administration,
5402
based upon recommendations of the Board of Trustees of the
5403
Department of Archives and History, and such funds shall be paid
5404
by the State Treasurer upon warrants issued by the Department of
5405
Finance and Administration.
5406
be allocated and disbursed according to the provisions of this
5407
section.
5408
proceeds of state general obligation bonds * * * and are not used
5409
within four (4) years after the date such bond proceeds are
5410
deposited into the special fund, then the Department of Finance
The fund shall
Unexpended amounts
Monies deposited into such fund shall
If any monies in the special fund are derived from
H. B. No. 1634
06/HR03/R1920SG
PAGE 164 (BS\LH)
*HR03/R1920SG*
5411
and Administration shall provide an accounting of such unused
5412
monies to the State Bond Commission.
5413
5414
(2)
Monies deposited into the fund shall be allocated and
disbursed as follows:
5415
(a)
(i)
Twenty Million Six Hundred Fifty Thousand
5416
Dollars ($20,650,000.00) shall be allocated and disbursed as
5417
grants on a reimbursable basis through the Department of Finance
5418
and Administration, based upon the recommendations of the Board of
5419
Trustees of the Department of Archives and History, to assist
5420
county governments, municipal governments, school districts and
5421
nonprofit organizations that have obtained Section 501(c)(3)
5422
tax-exempt status from the United States Internal Revenue Service
5423
in helping pay the costs incurred in preserving, restoring,
5424
rehabilitating, repairing or interpreting (i) historic county
5425
courthouses, (ii) historic school buildings, and/or (iii) other
5426
historic properties identified by certified local governments.
5427
Where possible, expenditures from the fund shall be used to match
5428
federal grants or other grants that may be accessed by the
5429
Department of Archives and History, other state agencies, county
5430
governments or municipal governments, school districts or
5431
nonprofit organizations that have obtained Section 501(c)(3)
5432
tax-exempt status from the United States Internal Revenue Service.
5433
Any properties, except those described in paragraphs (b) and (d)
5434
of this subsection, receiving monies pursuant to this section must
5435
be designated as "Mississippi Landmark" properties prior to
5436
selection as projects for funding under the provisions of this
5437
section.
5438
(ii)
One Million Seven Hundred Fifty Thousand
5439
Dollars ($1,750,000.00) shall be allocated and disbursed as grants
5440
through the Department of Finance and Administration, based upon
5441
the recommendations of the Board of Trustees of the Department of
5442
Archives and History, to assist county governments in helping pay
5443
the costs of historically appropriate restoration, repair and
H. B. No. 1634
06/HR03/R1920SG
PAGE 165 (BS\LH)
*HR03/R1920SG*
5444
renovation of historically significant county courthouses.
5445
to individual courthouses under this paragraph (a)(ii) shall not
5446
exceed Eight Hundred Seventy-five Thousand Dollars ($875,000.00).
5447
(b)
Grants
Two Hundred Fifty Thousand Dollars ($250,000.00)
5448
shall be allocated and disbursed as grant funds to the Amory
5449
Regional Museum in Amory, Mississippi, to pay the costs of capital
5450
improvements, repair, renovation, furnishing and/or equipping of
5451
the museum.
5452
directed to transfer Two Hundred Fifty Thousand Dollars
5453
($250,000.00) from the fund to the city on or before December 31,
5454
2004, and the city shall place the funds into an escrow account.
5455
The city may expend the funds from the account only in an amount
5456
equal to matching funds that are provided from any source other
5457
than the state for the project.
5458
the escrow account, the city shall certify to the Department of
5459
Finance and Administration the amount of the funds that have been
5460
withdrawn and that the funds have been withdrawn are in an amount
5461
equal to matching funds required by this paragraph.
5462
(c)
As the funds are withdrawn from
One Hundred Thousand Dollars ($100,000.00) shall be
5463
allocated and disbursed as grant funds to the Jacinto Foundation,
5464
Inc., to pay the costs of capital improvements, repairing,
5465
renovating, restoring, rehabilitating, preserving, furnishing
5466
and/or equipping the courthouse and related facilities in Jacinto,
5467
Mississippi.
5468
(d)
Four Hundred Twenty-five Thousand Dollars
5469
($425,000.00) shall be allocated and disbursed as grant funds to
5470
the Oxford-Lafayette County Heritage Foundation to pay the costs
5471
of capital improvements, repairing, renovating, restoring,
5472
rehabilitating, preserving, furnishing, equipping and/or acquiring
5473
the L.Q.C. Lamar Home in Oxford, Mississippi.
5474
(e)
Seventy-five Thousand Dollars ($75,000.00) shall be
5475
allocated and disbursed as grant funds to the City of Columbus,
5476
Mississippi Federal/State Programs Department to pay the costs of
H. B. No. 1634
06/HR03/R1920SG
PAGE 166 (BS\LH)
*HR03/R1920SG*
5477
capital improvements, repairing, renovating, restoring,
5478
rehabilitating, preserving, reconstructing, furnishing and/or
5479
equipping the Queen City Hotel in Columbus, Mississippi.
5480
(f)
One Million Dollars ($1,000,000.00) shall be
5481
allocated and disbursed as grant funds to the Town of Wesson,
5482
Mississippi, to pay the costs of restoration and renovation of the
5483
Old Wesson School.
5484
(g)
Monies in the Mississippi Community Heritage
5485
Preservation Grant Fund which are derived from proceeds of state
5486
general obligation bonds * * * may be used to reimburse reasonable
5487
actual and necessary costs incurred by the Mississippi Department
5488
of Archives and History in providing assistance directly related
5489
to a project described in paragraph (a) of this subsection for
5490
which funding is provided under this section.
5491
be made only until such time as the project is completed.
5492
accounting of actual costs incurred for which reimbursement is
5493
sought shall be maintained for each project by the Mississippi
5494
Department of Archives and History.
5495
actual and necessary costs for a project shall not exceed three
5496
percent (3%) of the proceeds of bonds issued for such project.
5497
Monies authorized for a particular project may not be used to
5498
reimburse administrative costs for unrelated projects.
5499
(3)
(a)
Reimbursement may
An
Reimbursement of reasonable
The Board of Trustees of the Department of Archives
5500
and History shall receive and consider proposals from county
5501
governments, municipal governments, school districts and nonprofit
5502
organizations that have obtained Section 501(c)(3) tax-exempt
5503
status from the United States Internal Revenue Service for
5504
projects associated with the preservation, restoration,
5505
rehabilitation, repair or interpretation of (a) historic
5506
courthouses, (b) historic school buildings and/or (c) other
5507
historic properties identified by certified local governments.
5508
Proposals shall be submitted in accordance with the provisions of
5509
procedures, criteria and standards developed by the board.
H. B. No. 1634
06/HR03/R1920SG
PAGE 167 (BS\LH)
*HR03/R1920SG*
The
5510
board shall determine those projects to be funded and may require
5511
matching funds from any applicant seeking assistance under this
5512
section.
5513
subsections (2)(a)(ii), (2)(b), (2)(c), (2)(d), (2)(e) and (2)(f)
5514
of this section.
5515
This subsection shall not apply to projects described in
(b)
The Board of Trustees of the Department of Archives
5516
and History shall receive and consider proposals from county
5517
governments for projects associated with historically appropriate
5518
restoration, repair and renovation of historically significant
5519
county courthouses.
5520
with the provisions of procedures, criteria and standards
5521
developed by the board.
5522
to be funded and may require matching funds from any applicant
5523
seeking assistance under this section.
5524
apply to projects described in subsections (2)(a)(i), (2)(b),
5525
(2)(c), (2)(d), (2)(e) and (2)(f) of this section.
5526
(4)
Proposals shall be submitted in accordance
The board shall determine those projects
This subsection shall not
The Department of Archives and History shall publicize
5527
the Community Heritage Preservation Grant program described in
5528
this section on a statewide basis, including the publication of
5529
the criteria and standards used by the department in selecting
5530
projects for funding.
5531
under the provisions of this section shall be made solely upon the
5532
deliberate consideration of each proposed project on its merits.
5533
The board shall make every effort to award the grants in a manner
5534
that will fairly distribute the funds in regard to the geography
5535
and cultural diversity of the state.
5536
apply to projects described in subsections (2)(b), (2)(c), (2)(d),
5537
(2)(e) and (2)(f) of this section.
5538
(5)
The selection of a project for funding
With regard to any project awarded funding under this
5539
section, any consultant, planner, architect, engineer, exhibit
5540
contracting firm, historic preservation specialist or other
5541
professional hired by a grant recipient to work on any such
H. B. No. 1634
06/HR03/R1920SG
PAGE 168 (BS\LH)
*HR03/R1920SG*
5542
project shall be approved by the board before their employment by
5543
the grant recipient.
5544
(6)
Plans and specifications for all projects initiated
5545
under the provisions of this section shall be approved by the
5546
board before the awarding of any contracts.
5547
specifications for any work involving "Mississippi Landmark"
5548
properties shall be developed in accordance with "The Secretary of
5549
the Interior's Standards for the Treatment of Historic
5550
Properties."
5551
SECTION 17.
The plans and
5552
amended as follows:
5553
57-64-7.
For the purposes of this chapter, the following
5554
words shall be defined as herein provided unless the context
5555
requires otherwise:
5556
5557
5558
(a)
"Alliance" means a regional economic development
alliance created under this chapter.
(b)
"Bond" or "bonds" means bonds, notes or other
5559
evidence of indebtedness of the local government unit issued
5560
pursuant to this chapter.
5561
(c)
"Cost of project" means all costs of site
5562
preparation and other start-up costs; all costs of construction;
5563
all costs of fixtures and of real and personal property required
5564
for the purposes of the project and facilities related thereto,
5565
whether publicly or privately owned, including land and any rights
5566
or undivided interest therein, easements, franchises, fees,
5567
permits, approvals, licenses, and certificates and the securing of
5568
such permits, approvals, licenses, and certificates and all
5569
machinery and equipment, including motor vehicles which are used
5570
for project functions; and including any cost associated with the
5571
closure, post-closure maintenance or corrective action on
5572
environmental matters, financing charges and interest prior to and
5573
during construction and during such additional period as the
5574
alliance may reasonably determine to be necessary for the placing
H. B. No. 1634
06/HR03/R1920SG
PAGE 169 (BS\LH)
*HR03/R1920SG*
5575
of the project in operation; costs of engineering, surveying,
5576
environmental geotechnical, architectural and legal services;
5577
costs of plans and specifications and all expenses necessary or
5578
incident to determining the feasibility or practicability of the
5579
project; administrative expenses; and such other expenses as may
5580
be necessary or incidental to the financing authorized in this
5581
chapter.
5582
creation of a debt service reserve, a renewal and replacement
5583
reserve, bond insurance and credit enhancement, and such other
5584
reserves as may be reasonably required by the alliance for the
5585
operation of its projects and as may be authorized by any bond
5586
resolution or trust agreement or indenture pursuant to the
5587
provisions of which the issuance of any such bonds may be
5588
authorized.
5589
foregoing purposes shall be regarded as a part of the costs of the
5590
project and may be paid or reimbursed as such out of the proceeds
5591
of user fees, of revenue bonds or notes issued under this chapter
5592
for such project, or from other revenues obtained by the alliance.
The costs of any project may also include funds for the
Any obligation or expense incurred for any of the
5593
(d)
"County" means any county of this state.
5594
(e)
"Foreign governmental unit" means any county,
5595
parish, city, town, village, utility district, school district,
5596
any community college, any institution of higher learning, any
5597
municipal airport authority, regional airport authority, port
5598
authority or any other political subdivision of another state.
5599
(f)
"Governing body" means the board of supervisors of
5600
any county or the governing board of any city, town or village.
5601
As to the state, the term governing body means the State Bond
5602
Commission.
5603
(g)
"Holder of bonds" or "bondholder" or any similar
5604
term means any person who shall be the registered owner of any
5605
such bond or bonds which shall at the time be registered.
5606
5607
(h)
"Law" means any act or statute, general, special or
local, of this state.
H. B. No. 1634
06/HR03/R1920SG
PAGE 170 (BS\LH)
*HR03/R1920SG*
5608
(i)
"Local government unit" means any county or
5609
incorporated city, town or village in the state acting jointly or
5610
severally.
5611
(j)
"MDA" means the Mississippi Development Authority.
5612
(k)
"Municipality" means any incorporated municipality
5613
in the state.
5614
(l)
5615
"Person" means a natural person, partnership,
association, corporation, business trust or other business entity.
5616
(m)
"Project" means and includes any of the following
5617
which promotes economic development or which assists in the
5618
creation of jobs, whether publicly or privately owned:
5619
5620
(i)
Acquisition, construction, repair, renovation,
demolition or removal of:
5621
1.
Buildings and site improvements (including
5623
2.
Potable and nonpotable water supply systems;
5624
3.
Sewage and waste disposal systems;
5625
4.
Storm water drainage and other drainage
5627
5.
Airport facilities;
5628
6.
Rail lines and rail spurs;
5629
7.
Port facilities;
5630
8.
Highways, streets and other roadways;
5631
9.
Fire suppression and prevention systems;
5632
10.
5622
5626
fixtures);
systems;
Utility distribution systems, including,
5633
but not limited to, water, electricity, natural gas, telephone and
5634
other information and telecommunications facilities, whether by
5635
wire, fiber or wireless means; provided, however, that electrical,
5636
natural gas, telephone and telecommunication systems shall be
5637
constructed, repaired or renovated only for the purpose of
5638
completing the project and connecting to existing utility systems
5639
(this provision shall not be construed to prevent a city, county
5640
or natural gas district from supplying utility service that it is
H. B. No. 1634
06/HR03/R1920SG
PAGE 171 (BS\LH)
*HR03/R1920SG*
5641
authorized to supply in the service area that it is authorized to
5642
serve);
5643
11.
Business, industrial and technology parks
5644
and the acquisition of land and acquisition or construction of
5645
improvements to land connected with any of the preceding purposes;
5646
5647
(ii)
Sections 17-5-3 and 19-9-1, (except Section 19-9-1(f));
5648
5649
(iii)
Municipal purposes authorized by or defined in
Sections 17-5-3, 17-17-301 et seq., 21-27-23, 21-33-301;
5650
5651
County purposes authorized by or defined in
(iv)
Refunding of bonds as authorized in Section
21-27-1 et seq.; and
5652
(v)
A project as defined in Section 57-75-5(f)(i)
5653
or a facility related to the project as defined in Section
5654
57-75-5(d), or both.
5655
(n)
"Resolution" means a resolution, ordinance, act,
5656
record of minutes or other appropriate enactment of a governing
5657
body.
5658
(o)
"Revenues" mean any and all taxes, fees, rates,
5659
rentals, profits and receipts collected by, payable to, or
5660
otherwise derived by, the local government units and foreign
5661
governmental units, and all other monies and income of whatsoever
5662
kind or character collected by, payable to, or otherwise derived
5663
by, the local government unit and foreign governmental units in
5664
connection with the economic development projects provided through
5665
this chapter.
5666
(p)
"Security" means a bond, note or other evidence of
5667
indebtedness issued by a local government unit pursuant to the
5668
provisions of this chapter.
5669
5670
(q)
SECTION 18.
5671
amended as follows:
5672
21-45-9.
5673
Any governing body may issue tax increment bonds,
the final maturity of which shall not extend beyond thirty (30)
H. B. No. 1634
06/HR03/R1920SG
PAGE 172 (BS\LH)
*HR03/R1920SG*
5674
years, for the purpose of financing all or a portion of the cost
5675
of a redevelopment project within the boundaries of the
5676
municipality, funding any reserve which the governing body may
5677
deem advisable in connection with the retirement of the proposed
5678
indebtedness and funding any other incidental expenses involved in
5679
incurring such indebtedness.
5680
incurred pursuant to this section shall be provided from the added
5681
increments of municipal and county ad valorem tax revenues or any
5682
portion of the sales taxes, or both, to result from any such
5683
redevelopment project and shall never constitute an indebtedness
5684
of the municipality within the meaning of any state constitutional
5685
provision or statutory limitation and shall never constitute nor
5686
give rise to a pecuniary liability of the municipality or a charge
5687
against its general credit or taxing powers.
5688
The debt service of indebtedness
Said bonds may be authorized by resolution or resolutions of
5689
the governing body, and may be issued in one or more series, may
5690
bear such date or dates, mature at such time or times, bear
5691
interest at such rate or rates, payable at such times, be in such
5692
denominations, be in such form, be registered, be executed in such
5693
manner, be payable in such medium of payment, at such place or
5694
places, be subject to such terms of redemption, with or without
5695
premium, carry such conversion or registration privileges and be
5696
declared or become due before the maturity date thereof, as such
5697
resolution or resolutions may provide; however, such bonds shall
5698
not bear a greater interest rate to maturity than that allowed
5699
under Section 75-17-101.
5700
than par value plus accrued interest at public sale in the manner
5701
provided by Section 31-19-25 or at private sale, in the discretion
5702
of the governing body.
5703
bonds issued shall not be less than seventy percent (70%) of the
5704
highest interest rate specified for the same bond issue.
5705
bonds may be repurchased by the municipality out of any available
5706
funds at a price not to exceed the principal amount thereof and
H. B. No. 1634
06/HR03/R1920SG
PAGE 173 (BS\LH)
Said bonds shall be sold for not less
The lowest interest rate specified for any
*HR03/R1920SG*
Said
5707
accrued interest, and all bonds so repurchased shall be cancelled.
5708
In connection with the issuance of said bonds, the municipality
5709
shall have the power to enter into contracts for rating of the
5710
bonds by national rating agencies; obtaining bond insurance or
5711
guarantees for such bonds and complying with the terms and
5712
conditions of such insurance or guarantees; make provision for
5713
payment in advance of maturity at the option of the owner or
5714
holder of the bonds; covenant for the security and better
5715
marketability of the bonds, including without limitation the
5716
establishment of a debt service reserve fund and sinking funds to
5717
secure or pay such bonds; and make any other provisions deemed
5718
desirable by the municipality in connection with the issuance of
5719
said bonds.
5720
If a governing body desires to issue tax increment financing
5721
bonds under the Regional Economic Development Act, the governing
5722
body also shall comply with any requirements provided therein.
5723
In connection with the issuance of said bonds, the
5724
municipality may arrange for lines of credit with any bank, firm
5725
or person for the purpose of providing an additional source of
5726
repayment for such bonds and amounts drawn on such lines of credit
5727
may be evidenced by bonds, notes or other evidences of
5728
indebtedness containing such terms and conditions as the
5729
municipality may determine; provided, however, that such bonds,
5730
notes or evidences of indebtedness shall be secured by and payable
5731
from the same sources as are pledged to the payment of said bonds
5732
which are additionally secured by such line of credit, and that
5733
said bonds, notes or other evidences of indebtedness shall be
5734
deemed to be bonds for all purposes of this chapter.
5735
preparation or execution of definitive bonds, interim receipts or
5736
certificates, or temporary bonds may be delivered to the purchaser
5737
or purchasers of said bonds.
5738
notwithstanding, any bonds, if any, issued pursuant to this
H. B. No. 1634
06/HR03/R1920SG
PAGE 174 (BS\LH)
Pending the
Any provision of law to the contrary
*HR03/R1920SG*
5739
chapter shall possess all of the qualities of negotiable
5740
instruments.
5741
The municipality may also issue refunding bonds for the
5742
purpose of paying any of its bonds at or prior to maturity or upon
5743
acceleration or redemption.
5744
time prior to the maturity or redemption of the refunded bonds as
5745
the municipality may determine.
5746
in sufficient amounts to pay or provide the principal of the bonds
5747
being refunded, together with any redemption premium thereon, any
5748
interest accrued or to accrue to the date of payment of such
5749
bonds, the expenses of issuing the refunding bonds, the expenses
5750
of redeeming the bonds being refunded, and such reserves for debt
5751
service or other capital or current expenses from the proceeds of
5752
such refunding bonds as may be required by any of the
5753
municipality's resolutions, trust indenture or other security
5754
instruments.
5755
other details thereof, the security therefor, the rights of the
5756
holders and the rights, duties and obligations of the municipality
5757
in respect of the same shall be governed by the provisions of this
5758
chapter relating to the issuance of bonds other than refunding
5759
bonds, insofar as the same may be applicable.
5760
Refunding bonds may be issued at such
The refunding bonds may be issued
The issuance of refunding bonds, the maturities and
Before incurring any debt pertaining to a redevelopment
5761
project incorporating a tax increment financing plan the governing
5762
body may, but shall not be required to, secure an agreement from
5763
one or more developers obligating such developer or developers:
5764
(a)
To effect the completion of all or any portion of
5765
the buildings or other facilities or improvements, as described in
5766
the redevelopment project, at no cost to the municipality;
5767
5768
5769
(b)
To pay all or any portion of the real property
taxes due on the project in a timely manner; and
(c)
To maintain and operate all or any portion of the
5770
buildings or other facilities or improvements of the project in
5771
such a manner as to preserve property values.
H. B. No. 1634
06/HR03/R1920SG
PAGE 175 (BS\LH)
*HR03/R1920SG*
5772
No breach of any such agreement shall impose any pecuniary
5773
liability upon a municipality or any charge upon its general
5774
credit or against its taxing powers.
5775
Additionally, the municipality may enter into an agreement
5776
with the developer under which the developer may construct all or
5777
any part of the redevelopment project with private funds in
5778
advance of issuance of the bonds and may be reimbursed by the
5779
municipality for actual costs incurred by the developer upon
5780
issuance and delivery of the bonds and receipt of the proceeds,
5781
conditioned upon dedication of redevelopment project by the
5782
developer to the municipality to assure public use and access.
5783
This condition shall not apply to the privately owned portion of a
5784
project for which the Mississippi Development Authority has issued
5785
a certificate of convenience and necessity pursuant to the
5786
Regional Economic Development Act.
5787
SECTION 19.
(1)
The Department of Finance and
5788
Administration is authorized and empowered to transfer to the
5789
Mississippi Department of Information Technology Services certain
5790
state-owned real property, and any improvements located thereon,
5791
being situated in the City of Jackson, First Judicial District of
5792
Hinds County, Mississippi, and more particularly described as
5793
follows to wit:
5794
A tract of land containing 8.668 acres, more or
5795
less, located in the South Half (S1/2) of the Northeast
5796
Quarter (NE1/4) of Section 25, Township 6 North, Range 1
5797
East, City of Jackson, Hinds County First Judicial
5798
District, Mississippi, and being more particularly
5799
described as follows, to wit:
5800
Beginning at the Northwest corner of the Southeast
5801
Quarter (SE1/4) of the Northeast Quarter (NE1/4) of said
5802
Section 25, said point being a found iron rod in
5803
concrete and from said point run thence North 90 degrees
5804
00 minutes 00 seconds East for a distance of 58.76 feet
H. B. No. 1634
06/HR03/R1920SG
PAGE 176 (BS\LH)
*HR03/R1920SG*
5805
to a point 0.50 foot distant of a back of curb; run
5806
thence the following courses being approximately 0.50
5807
foot southerly of said back of curb with South 45
5808
5809
29.76 feet; run thence South 50 degrees 29 minutes 59
5810
seconds East for a distance of 23.61 feet; run thence
5811
5812
distance of 31.02 feet; run thence South 66 degrees 23
5813
minutes 19 seconds East for a distance of 35.16 feet;
5814
run thence South 73 degrees 26 minutes 37 seconds East
5815
for a distance of 30.34 feet; run thence South 78
5816
5817
5818
5819
5820
5821
minutes 51 seconds East for a distance of 59.16 feet;
5822
run thence North 89 degrees 48 minutes 00 seconds East
5823
for a distance of 58.98 feet; run thence North 85
5824
5825
54.84 feet; run thence North 83 degrees 34 minutes 57
5826
seconds East for a distance of 31.79 feet; thence
5827
leaving said 0.50 foot offset of said back of curb line
5828
feet; run thence South 03 degrees 55 minutes 45 seconds
5829
West for a distance of 735.18 feet; run thence North 85
5830
5831
493.50 feet; run thence North 00 degrees 57 minutes 58
5832
seconds East for a distance of 124.09 feet to a found
5833
iron rod at a Southeast corner of said Eastbrooke II
5834
Condominium; run thence North 00 degrees 21 minutes 00
5835
seconds East and along the East line of said Eastbrooke
5836
II Condominium for a measured distance of 660.94 (record
H. B. No. 1634
06/HR03/R1920SG
PAGE 177 (BS\LH)
*HR03/R1920SG*
5837
of 661.60) feet back to the POINT OF BEGINNING of the
5838
above described tract of land.
5839
(2)
5840
authorized and empowered to convey to the Mississippi Department
5841
of Information Technology Services an easement over and across
5842
certain state-owned real property being situated in the City of
5843
Jackson, First Judicial District of Hinds County, Mississippi, and
5844
more particularly described as follows to wit:
5845
A strip of land 30.00 feet in width, containing
5846
10,175 square feet or 0.234 acres, more or less, located
5847
in the Southeast Quarter (SE1/4) of the Northeast
5848
Quarter (NE1/4) of Section 25, Township 6 North, Range 1
5849
East, City of Jackson, Hinds County First Judicial
5850
District, Mississippi, and being more particularly
5851
described as follows, to wit:
5852
Commencing at the Northwest corner of the Southeast
5853
Quarter (SE1/4) of the Northeast Quarter (NE1/4) of said
5854
Section 25, said point being a found iron rod in
5855
concrete and from said point run thence South 00 degrees
5856
21 minutes 00 seconds West and along the West line of
5857
said Southeast Quarter (SE1/4) of the Northeast Quarter
5858
(NE1/4) and along the East line of Eastbrooke II
5859
Condominium as recorded in Condominium Book 2 starting
5860
at page 93 of the land records of Hinds County First
5861
Judicial District at Jackson for a measured distance of
5862
5863
5864
South 03 degrees 55 minutes 45 seconds West for a
5865
distance of 505.81 feet; run thence North 85 degrees 17
5866
minutes 24 seconds West for a distance of 276.90 feet to
5867
the POINT OF BEGINNING of the following described strip
5868
of land; run thence South 00 degrees 57 minutes 58
5869
seconds West for a distance of 337.68 feet to a point on
H. B. No. 1634
06/HR03/R1920SG
PAGE 178 (BS\LH)
*HR03/R1920SG*
5870
the North line of Lakeland Drive as same exists this
5871
date (February 2006); run thence South 89 degrees 00
5872
minutes 34 seconds West and along said North line of
5873
Lakeland Drive for a distance of 30.02 feet; run thence
5874
North 00 degrees 57 minutes 58 seconds East for a
5875
5876
minutes 24 seconds East for a distance of 30.06 feet
5877
back to the POINT OF BEGINNING of the above described
5878
strip of land.
5879
SECTION 20.
5880
H. B. No. 1634
06/HR03/R1920SG
PAGE 179 (BS\LH)
*HR03/R1920SG*
ST: Bonds; authorize for various purposes and
projects.
By:
To: Fees, Salaries and
Administration
Senator(s) Tollison
SENATE BILL NO. 2178
1
2
3
4
5
6
ALLOW EMPLOYEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO EXPEND
FUNDS FOR TRAVEL OUTSIDE OF THE CONTINENTAL LIMITS OF THE UNITED
STATES UPON APPROVAL BY THE PRESIDENT OR HEAD OF THE INSTITUTION,
INSTEAD OF APPROVAL BY THE GOVERNOR AND THE DEPARTMENT OF FINANCE
AND ADMINISTRATION; AND FOR RELATED PURPOSES.
7
8
SECTION 1.
9
10
amended as follows:
25-3-41.
(1)
When any officer or employee of the State of
11
Mississippi, or any department, agency or institution thereof,
12
after first being duly authorized, is required to travel in the
13
performance of his official duties, the officer or employee shall
14
receive as expenses for each mile actually and necessarily
15
traveled, when the travel is done by a privately owned automobile
16
or other privately owned motor vehicle, the mileage reimbursement
17
rate allowable to federal employees for the use of a privately
18
owned vehicle while on official travel.
19
(2)
When any officer or employee of any county or
20
municipality, or of any agency, board or commission thereof, after
21
first being duly authorized, is required to travel in the
22
performance of his official duties, the officer or employee shall
23
receive as expenses Twenty Cents (20¢) for each mile actually and
24
necessarily traveled, when the travel is done by a privately owned
25
motor vehicle; provided, however, that the governing authorities
26
of a county or municipality may, in their discretion, authorize an
27
increase in the mileage reimbursement of officers and employees of
28
the county or municipality, or of any agency, board or commission
29
thereof, in an amount not to exceed the mileage reimbursement rate
S. B. No. 2178
06/SS02/R122
PAGE 1
*SS02/R122*
G1/2
30
authorized for officers and employees of the State of Mississippi
31
in subsection (1) of this section.
32
(3)
Where two (2) or more officers or employees travel in
33
one (1) privately owned motor vehicle, only one (1) travel expense
34
allowance at the authorized rate per mile shall be allowed for any
35
one (1) trip.
36
carrier or other means not involving a privately owned motor
37
vehicle, then the officer or employee shall receive as travel
38
expense the actual fare or other expenses incurred in such travel.
39
(4)
When the travel is done by means of a public
In addition to the foregoing, a public officer or
40
employee shall be reimbursed for other actual expenses such as
41
meals, lodging and other necessary expenses incurred in the course
42
of the travel, subject to limitations placed on meals for
43
intrastate and interstate official travel by the Department of
44
Finance and Administration, provided, that the Legislative Budget
45
Office shall place any limitations for expenditures made on
46
matters under the jurisdiction of the Legislature.
47
of Finance and Administration shall set a maximum daily
48
expenditure annually for such meals and shall notify officers and
49
employees of changes to these allowances immediately upon approval
50
of the changes.
51
unless that space was unavailable.
52
certify that tourist accommodations were not available if travel
53
is performed in first class airline accommodations.
54
expense accounts shall be submitted by those officers or employees
55
in such number as the department, agency or institution may
56
require; but in any case one (1) copy shall be furnished by state
57
departments, agencies or institutions to the Department of Finance
58
and Administration for preaudit or postaudit.
59
Finance and Administration shall promulgate and adopt reasonable
60
rules and regulations which it deems necessary and requisite to
61
effectuate economies for all expenses authorized and paid pursuant
62
to this section.
S. B. No. 2178
06/SS02/R122
PAGE 2
The Department
Travel by airline shall be at the tourist rate
The officer or employee shall
Itemized
The Department of
Requisitions shall be made on the State Fiscal
*SS02/R122*
63
Officer who shall issue his warrant on the State Treasurer.
64
Provided, however, that the provisions of this section shall not
65
include agencies financed entirely by federal funds and audited by
66
federal auditors.
67
(5)
Any officer or employee of a county or municipality, or
68
any department, board or commission thereof, who is required to
69
travel in the performance of his official duties, may receive
70
funds before the travel, in the discretion of the administrative
71
head of the county or municipal department, board or commission
72
involved, for the purpose of paying necessary expenses incurred
73
during the travel.
74
employee shall provide receipts of transportation, lodging, meals,
75
fees and any other expenses incurred during the travel.
76
portion of the funds advanced which is not expended during the
77
travel shall be returned by the officer or employee.
78
Department of Audit shall adopt rules and regulations regarding
79
advance payment of travel expenses and submission of receipts to
80
ensure proper control and strict accountability for those payments
81
and expenses.
82
(6)
Upon return from the travel, the officer or
Any
The
No state or federal funds received from any source by
83
any arm or agency of the state shall be expended in traveling
84
outside of the continental limits of the United States until the
85
governing body or head of the agency makes a finding and
86
determination that the travel would be extremely beneficial to the
87
state agency and obtains a written concurrence thereof from the
88
Governor, or his designee, and the Department of Finance and
89
Administration.
90
higher learning may expend funds for travel outside of the
91
continental limits of the United States upon a written finding by
92
the president or head of the institution that the travel would be
93
extremely beneficial to the institution.
94
95
(7)
However, employees of state institutions of
Where any officer or employee of the State of
Mississippi, or any department, agency or institution thereof, or
S. B. No. 2178
06/SS02/R122
PAGE 3
*SS02/R122*
96
of any county or municipality, or of any agency, board or
97
commission thereof, is authorized to receive travel reimbursement
98
under any other provision of law, the reimbursement may be paid
99
under the provisions of this section or the other section, but not
100
101
under both.
(8)
When the Governor, Lieutenant Governor or Speaker of the
102
House of Representatives appoints a person to a board, commission
103
or other position that requires confirmation by the Senate, the
104
person may receive reimbursement for mileage and other actual
105
expenses incurred in the performance of official duties before the
106
appointment is confirmed by the Senate, as reimbursement for those
107
expenses is authorized under this section.
108
(9)
(a)
The Department of Finance and Administration may
109
contract with one or more commercial travel agencies, after
110
receiving competitive bids or proposals therefor, for that travel
111
agency or agencies to provide necessary travel services for state
112
officers and employees.
113
municipal and county employees may also participate in the state
114
travel agency contract and utilize these travel services for
115
official municipal or county travel.
116
head of each state institution of higher learning may, in his
117
discretion, contract with a commercial travel agency to provide
118
necessary travel services for all academic officials and staff of
119
the university in lieu of participation in the state travel agency
120
contract.
121
separate travel agency shall be approved by the Board of Trustees
122
of State Institutions of Higher Learning and the Executive
123
Director of the Department of Finance and Administration.
124
Municipal and county officers and
However, the administrative
Any such decision by a university to contract with a
(b)
Before executing a contract with one or more travel
125
agencies, the Department of Finance and Administration shall
126
advertise for competitive bids or proposals once a week for two
127
(2) consecutive weeks in a regular newspaper having a general
128
circulation throughout the State of Mississippi.
S. B. No. 2178
06/SS02/R122
PAGE 4
*SS02/R122*
If the
129
department determines that it should not contract with any of the
130
bidders initially submitting proposals, the department may reject
131
all those bids, advertise as provided in this paragraph and
132
receive new proposals before executing the contract or contracts.
133
The contract or contracts may be for a period not greater than
134
three (3) years, with an option for the travel agency or agencies
135
to renew the contract or contracts on a one-year basis on the same
136
terms as the original contract or contracts, for a maximum of two
137
(2) renewals.
138
the contract twice or have declined to renew the contract for the
139
maximum number of times, the Department of Finance and
140
Administration shall advertise for bids in the manner required by
141
this paragraph and execute a new contract or contracts.
142
(c)
After the travel agency or agencies have renewed
Whenever any state officer or employee travels in
143
the performance of his official duties by airline or other public
144
carrier, he may have his travel arrangements handled by that
145
travel agency or agencies.
146
transportation for any state officer or employee, whether the
147
travel was arranged by that travel agency or agencies or was
148
arranged otherwise, shall not exceed the amount specified in the
149
state contract established by the Department of Finance and
150
Administration, Office of Purchasing and Travel, unless prior
151
approval is obtained from the office.
152
153
SECTION 2.
The amount paid for airline
S. B. No. 2178
06/SS02/R122
PAGE 5
*SS02/R122*
ST: State employee travel; revise approval
procedure for overseas travel for university
employees.
By:
Colleges
Senator(s) Harden
1
2
3
4
5
TO DEFINE THE AUTHORITY OF THE MISSISSIPPI COMMISSION ON COLLEGE
ACCREDITATION AND TO AUTHORIZE THE COMMISSION TO SEEK AN
INJUNCTION TO ENJOIN UNAPPROVED COURSE OFFERINGS; AND FOR RELATED
PURPOSES.
6
7
SECTION 1.
8
9
amended as follows:
37-101-241.
(1)
There is hereby created the Commission on
10
College Accreditation.
11
Executive Director of the State Board for Community and Junior
12
Colleges, the Commissioner of Higher Education, or their
13
designees, and two (2) additional members, one (1) of whom shall
14
be selected by the foregoing two (2) members and who shall
15
represent the private colleges within the state, and one (1) of
16
whom shall be selected by the Mississippi Association of Colleges.
17
The latter two (2) members shall each serve for a term of three
18
(3) years.
19
(2)
Said commission shall be composed of the
The commission shall meet and organize by electing from
20
among its membership a chairman, a vice chairman and a secretary.
21
The commission shall keep full and complete minutes and records of
22
all its proceedings and actions.
23
(3)
The commission shall have the power and authority, and
24
it shall be its duty, to prepare an approved list of community,
25
junior and senior colleges and universities or other entities
26
which offer one or more post-secondary academic degrees and are
27
domiciled, incorporated or otherwise located in the State of
28
Mississippi.
S. B. No. 2218
06/SS26/R415SG
PAGE 1
Post-secondary academic degrees include, but are not
*SS26/R415SG*
G1/2
29
limited to, associate, bachelor, masters and doctorate
30
degrees. * * *
31
keeping with the best educational practices in accreditation and
32
receive reports from the institutions seeking to be placed on the
33
approved list.
34
(4)
The commission shall adopt standards which are in
The above-described community, junior and senior
35
colleges and universities or other entities * * * must be approved
36
annually by the commission in order to grant diplomas of
37
graduation, degrees or offer instruction.
38
(5)
The commission shall petition the chancery court of the
39
county in which a person or agent offers one or more
40
post-secondary academic degrees subject to the provisions of this
41
chapter or advertises for the offering of such degrees without
42
having first obtained approval by the commission, for an order
43
enjoining such offering or advertising.
44
injunctive relief upon a showing that the respondent named in the
45
petition is offering or advertising one or more post-secondary
46
academic degrees without having obtained prior approval of the
47
commission.
48
district, including the county in which such action is brought,
49
shall, upon request of the commission, represent the commission in
50
bringing any such action.
51
(6)
The court may grant such
The Attorney General or the district attorney of the
The provisions of this section shall not apply to
52
private * * * schools that are accredited by the Southern
53
Association of Colleges and Schools (SACS) or to the proprietary
54
schools as defined in Sections 75-60-3, 75-60-4 and 75-60-5.
55
56
SECTION 2.
S. B. No. 2218
06/SS26/R415SG
PAGE 2
*SS26/R415SG*
ST: Authority of Mississippi Commission on
College Accreditation; define.
By:
To:
Senator(s) Huggins
Appropriations
1
2
3
4
TO REQUIRE THAT AGENCIES INCLUDE CERTAIN INFORMATION ON CONTRACT
EMPLOYEES IN THEIR ANNUAL BUDGET REQUESTS; AND FOR RELATED
PURPOSES.
5
6
SECTION 1.
7
8
9
amended as follows:
27-103-129.
(1)
To enable the Legislative Budget Office to
prepare such budget, it shall have full and plenary power and
10
authority to require all general-fund and special-fund agencies
11
and the Mississippi Department of Transportation and the Division
12
of State Aid Road Construction of the Mississippi Department of
13
Transportation to file a budget request with such information and
14
in such form and in such detail as it may deem necessary and
15
advisable, and it shall have the further power and authority to
16
reduce or eliminate any item or items of requested appropriation
17
by any state agency in the Legislative Budget Office's recommended
18
budget to the Legislature. However, where any item of requested
19
appropriation shall be so reduced or eliminated, the head of the
20
agency involved shall have the right to appear before the
21
appropriate legislative committee to urge a revision of the budget
22
to restore the item reduced or eliminated.
23
1996 fiscal year, the budget requests shall include a definition
24
of the mission of the agency, a description of the duties and
25
responsibilities of the agency, financial data relative to the
26
various programs operated by the agency and performance measures
27
associated with each program of the agency.
28
measures to be contained within the agency budget request shall be
S. B. No. 2581
06/SS26/R1152SG
PAGE 1
*SS26/R1152SG*
Beginning with the
The performance
G1/2
29
developed by cooperative efforts of the Legislative Budget Office,
30
the Department of Finance and Administration and the agency itself
31
and shall be approved jointly by the Legislative Budget Office and
32
the Department of Finance and Administration prior to inclusion
33
within the agency budget request.
34
year, the budget requests shall also include in an addendum format
35
a five-year strategic plan for the agency which shall include, but
36
not be limited to, the following items of information:
37
comprehensive mission statement, (b) performance effectiveness
38
objectives for each program of the agency for each of the five (5)
39
years covered by the plan, (c) a description of significant
40
external factors which may affect the projected levels of
41
performance, (d) a description of the agency's internal management
42
system utilized to evaluate its performance achievements in
43
relationship to the targeted performance levels, (e) an evaluation
44
by the agency of the agency's performance achievements in
45
relationship to the targeted performance levels for the two (2)
46
preceding fiscal years for which accounting records have been
47
finalized.
48
(2)
Beginning with the 1996 fiscal
(a) a
All agencies enumerated in subsection (1) of this
49
section shall include in their budget requests the following
50
information regarding contract workers for the most recently
51
completed fiscal year:
52
(a)
The name of each worker;
53
(b)
The specific type of services provided;
54
(c)
Hourly rate of compensation, or the basis for
55
compensation if a rate other than the hourly rate is used;
56
(d)
Total gross salary or wages paid; and
57
(e)
Whether the worker is a retired member of the
58
59
60
Public Employees' Retirement System.
SECTION 2.
S. B. No. 2581
06/SS26/R1152SG
PAGE 2
*SS26/R1152SG*
ST: State agencies use of contract employees;
require information in budget requests.
By: Senator(s) Chaney, Burton, Lee (35th),
Davis
To: Education;
Appropriations
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
AN ACT ENTITLED THE "MISSISSIPPI EDUCATION REFORM ACT OF
2006"; TO CREATE NEW SECTION 25-11-126, MISSISSIPPI CODE OF 1972,
TO PROVIDE THAT CERTAIN PERSONS RECEIVING A RETIREMENT ALLOWANCE
FROM THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHO ARE EMPLOYED AS
TEACHERS IN THE PUBLIC SCHOOL SYSTEM AFTER THEIR RETIREMENT MAY
RECEIVE A RETIREMENT ALLOWANCE DURING THEIR EMPLOYMENT AS TEACHERS
IN ADDITION TO RECEIVING A TEACHER'S SALARY; TO AMEND SECTIONS
25-11-103, 25-11-105, 25-11-123 AND 25-11-127, MISSISSIPPI CODE OF
1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; TO AMEND
SECTION 37-19-7, MISSISSIPPI CODE OF 1972, TO PROVIDE ADDITIONAL
BASE COMPENSATION FOR TEACHERS HOLDING LICENSES IN CRITICAL
SUBJECT AREAS, TO PROVIDE ADDITIONAL COMPENSATION FOR TEACHERS
EMPLOYED IN CRITICAL SHORTAGE AREAS, TO ESTABLISH A MISSISSIPPI
PERFORMANCE BASED PAY PLAN TO REWARD LICENSED EDUCATION PERSONNEL
AT SCHOOLS SHOWING IMPROVEMENT IN STUDENT TEST SCORES, TO PROVIDE
ADDITIONAL BASE COMPENSATION FOR MENTOR TEACHERS IN MIDDLE SCHOOLS
WITH APPROVED CLASSROOM MANAGEMENT PROGRAMS, TO DIRECT THE STATE
DEPARTMENT OF EDUCATION TO CONDUCT A VALUE-ADDED PILOT PROGRAM ON
TEACHER PERFORMANCE PAY; TO AMEND SECTION 37-3-2, MISSISSIPPI CODE
OF 1972, TO PROVIDE THAT ANY TEACHER FROM ANY STATE MEETING THE
FEDERAL STANDARDS OF A HIGHLY QUALIFIED TEACHER SHALL BE ELIGIBLE
FOR A STANDARD LICENSE IN MISSISSIPPI; TO AMEND SECTION 37-11-55,
MISSISSIPPI CODE OF 1972, TO ESTABLISH A STUDENT DISCIPLINARY
ACTION REVIEW BOARD IN EACH SCHOOL WHEN A PRINCIPAL SENDS A
DISRUPTIVE STUDENT BACK TO THE CLASSROOM; TO AMEND SECTION
37-13-89, MISSISSIPPI CODE OF 1972, TO REQUIRE REPORTING TO THE
LOCAL SCHOOL DISTRICT SUPERINTENDENT AND THE SCHOOL PRINCIPAL THE
NAME OF ANY CHILD BETWEEN THE AGES OF 15 AND 17 WHO FAILS TO
ATTEND SCHOOL; TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF
1972, TO REQUIRE THE SCHOOL SUPERINTENDENT TO REPORT SUCH STUDENT
DROPOUTS TO THE COMMISSIONER OF PUBLIC SAFETY AND TO REQUIRE THE
YOUTH COURT TO SUSPEND THE DRIVER'S LICENSE OF A CHILD WHO
UNLAWFULLY FAILS TO ATTEND SCHOOL; TO AMEND SECTION 43-21-621,
MISSISSIPPI CODE OF 1972, TO AMEND THE DISPOSITIONAL ALTERNATIVES
IN YOUTH COURT TO REQUIRE THE YOUTH COURT TO SUSPEND THE DRIVER'S
LICENSE OF A CHILD WHO FAILS TO ATTEND SCHOOL AND FURTHER TO
REQUIRE NOTIFICATION OF THE SUSPENSION TO THE DEPARTMENT OF PUBLIC
SAFETY; TO AMEND SECTION 63-1-10, MISSISSIPPI CODE OF 1972, TO
REQUIRE SUSPENSION OF THE DRIVING PRIVILEGES OF A CHILD WHO FAILS
TO ATTEND SCHOOL; TO AMEND SECTIONS 37-13-83 AND 37-13-85,
MISSISSIPPI CODE OF 1972, TO ADD THE RESPONSIBILITY OF STUDENT
DROPOUT PREVENTION TO THE DIRECTOR OF THE OFFICE OF COMPULSORY
SCHOOL ATTENDANCE IN THE STATE DEPARTMENT OF EDUCATION; TO DIRECT
THE STATE DEPARTMENT OF EDUCATION TO DEVELOP REPORTS ON CERTAIN
ITEMS RELATING TO STUDENT SCHOOL DROPOUT PREVENTION AND THE
COMPULSORY SCHOOL ATTENDANCE AGE; TO AMEND SECTION 37-17-6,
MISSISSIPPI CODE OF 1972, TO DIRECT THE STATE BOARD OF EDUCATION
TO DEVELOP AN ACCREDITATION STANDARD PROVIDING THAT NO SCHOOL WITH
A STUDENT DROPOUT RATE HIGHER THAN 10% SHALL RECEIVE A LEVEL 3
ACCREDITATION RATING OR ABOVE AND TO REQUIRE HIGH SCHOOLS WITH
GREATER THAN 15% STUDENT DROPOUT RATES OVER A 3-YEAR PERIOD TO
CONVERT TO SMALLER ATTENDANCE CENTERS; TO AMEND SECTION 37-11-53,
S. B. No. 2602
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MISSISSIPPI CODE OF 1972, TO AUTHORIZE AND DIRECT THE
SUPERINTENDENT OF SCHOOLS TO SUMMON THE PARENTS OR GUARDIANS OF
MIDDLE OR SECONDARY SCHOOL STUDENTS WHO ARE IN VIOLATION OF THE
COMPULSORY SCHOOL ATTENDANCE LAW TO ATTEND COUNSELING CONFERENCES
REGARDING THE ACTS OF THE CHILD AND TO PRESCRIBE CERTAIN CRIMINAL
PENALTIES FOR PARENTS WHO FAIL TO ATTEND THEIR CHILD'S DISCIPLINE
CONFERENCE; TO AMEND SECTIONS 63-1-31 AND 63-1-51, MISSISSIPPI
CODE OF 1972, TO PROVIDE A PROCEDURE FOR APPEAL OF THE DECISION TO
SUSPEND THE DRIVING PRIVILEGES OF A CHILD DUE TO THE CHILD'S
FAILURE TO ATTEND SCHOOL; TO AMEND SECTIONS 37-3-4, 37-3-46,
37-3-49, 37-7-337, 37-17-8, 37-17-11 AND 37-21-7, MISSISSIPPI CODE
OF 1972, TO EXEMPT HIGHEST PERFORMING SCHOOLS DESIGNATED AS LEVEL
4 AND 5 FROM CERTAIN ACCREDITATION PROCESS STANDARDS PRESCRIBED BY
STATUTE OR REGULATION OF THE STATE DEPARTMENT OF EDUCATION; TO
AMEND SECTION 37-13-61, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE
LOCAL SCHOOL DISTRICTS TO FIX THE DATE FOR THE OPENING AND CLOSING
OF THE SCHOOL TERM; TO AMEND SECTION 37-13-67, MISSISSIPPI CODE OF
1972, TO REVISE CERTAIN RESTRICTIONS ON SCHOLASTIC MONTH AND
SCHOOL DAY; TO AMEND SECTION 37-13-69, MISSISSIPPI CODE OF 1972,
TO AUTHORIZE LOCAL SCHOOL DISTRICTS TO DESIGNATE SCHOOL HOLIDAYS;
TO AMEND SECTION 37-41-53, MISSISSIPPI CODE OF 1972, TO EXEMPT
SCHOOL TRANSPORTATION VEHICLES FROM CERTAIN STATE DEPARTMENT OF
EDUCATION REGULATION; TO AMEND SECTION 37-7-301, MISSISSIPPI CODE
OF 1972, TO GRANT PUBLIC SCHOOL DISTRICTS WITH AN AVERAGE
ACCREDITATION RANKING OF LEVEL 4 OR HIGHER THE POWER TO ADOPT ANY
ORDER RELATING TO THE OPERATION OF THE SCHOOL WHICH IS NOT
INCONSISTENT WITH STATE LAW OR THE MISSISSIPPI CONSTITUTION, WITH
CERTAIN EXCEPTIONS; TO AUTHORIZE LOCAL SCHOOL DISTRICTS TO
CONTRACT WITH PRIVATE ENTITIES TO PROVIDE CERTAIN NONINSTRUCTIONAL
SERVICES; TO AMEND SECTIONS 25-11-103 AND 25-11-127, MISSISSIPPI
CODE OF 1972, IN CONFORMITY; TO AUTHORIZE THE ESTABLISHMENT OF A
MISSISSIPPI VIRTUAL PUBLIC SCHOOL PROGRAM; TO PROVIDE FOR SPONSORS
AND CRITERIA FOR THE MISSISSIPPI VIRTUAL PUBLIC SCHOOL; TO AMEND
SECTION 37-3-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE
STATEWIDE FINANCIAL REPORT BY THE STATE DEPARTMENT OF EDUCATION TO
COMPLY WITH CERTAIN FUNCTIONAL LEVEL EXPENDITURE CODES AND TO
PROVIDE THAT SAID FINANCIAL REPORT SHALL BE PREPARED ON A SCHOOL
DISTRICT BASIS; TO AMEND SECTIONS 37-9-18 AND 37-61-9, MISSISSIPPI
CODE OF 1972, TO REQUIRE SCHOOL DISTRICTS TO COMPLY WITH
APPROPRIATE FUNCTIONAL LEVEL EXPENDITURE CODES, TO REQUIRE AN
ANNUAL AUDIT OF SUCH COMPLIANCE; TO AMEND SECTION 37-61-21,
MISSISSIPPI CODE OF 1972, TO PROVIDE FOR YEAR-END FINANCIAL DATA
BY SCHOOL DISTRICTS; TO AMEND SECTIONS 37-37-1, 37-37-7 AND
37-61-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE
DEPARTMENT OF EDUCATION SHALL PRESCRIBE THE FINANCIAL ACCOUNTING
MANUAL FOR SCHOOL DISTRICTS; TO AMEND SECTION 37-61-33,
MISSISSIPPI CODE OF 1972, TO AUTHORIZE TEACHERS TO CARRY FORWARD
APPROVED CLASSROOM SUPPLY EXPENDITURES INTO SUBSEQUENT FISCAL
YEARS; TO CODIFY SECTION 37-15-38, MISSISSIPPI CODE OF 1972,
RELATING TO HIGH SCHOOL AND UNIVERSITY OR COMMUNITY COLLEGE DUAL
ENROLLMENT PROGRAMS, TO REVISE CONDITIONS FOR PARTICIPATION IN THE
PROGRAM, TO PROVIDE THAT TUITION AND COSTS FOR UNIVERSITY LEVEL
AND COMMUNITY LEVEL COURSES SHALL BE NEGOTIATED BETWEEN SCHOOL
DISTRICTS AND THE UNIVERSITY OR COMMUNITY COLLEGE, AND TO CLARIFY
THAT ALL COURSE WORK TAKEN UNDER THE PROGRAM SHALL BE DUAL CREDIT;
TO CODIFY SECTION 37-15-39, MISSISSIPPI CODE OF 1972, TO DIRECT
SCHOOL DISTRICTS TO OFFER PRE-ADVANCED PLACEMENT COURSES AND TO
REQUIRE FUNDING FOR THE 2007-2008 SCHOOL YEAR FOR ALL SOPHOMORES
TO TAKE A NATIONALLY RECOGNIZED APTITUDE TEST FOR ADVANCED
PLACEMENT CLASSES; TO AMEND SECTIONS 37-16-7, 37-31-61, 37-31-69,
37-31-205 AND 37-31-207, MISSISSIPPI CODE OF 1972, TO AUTHORIZE
AND DIRECT THE STATE BOARD OF EDUCATION AND THE STATE BOARD FOR
COMMUNITY AND JUNIOR COLLEGES TO UTILIZE FEDERAL WORKFORCE
INVESTMENT ACT AND OTHER FEDERAL FUNDS TO ESTABLISH INDUSTRY
SPECIFIC CURRICULUM TO ALLOW STUDENTS TO RECEIVE
INDUSTRY-RECOGNIZED CERTIFICATION WHILE COMPLETING THEIR HIGH
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SCHOOL COURSE WORK, TO INCLUDE SUCH COURSE WORK IN APPROPRIATE
GRADUATION STANDARDS, TO DEVELOP A UNIT OF SPECIALISTS IN
VOCATIONAL EDUCATION AS PART OF THE CURRICULUM, AND TO ESTABLISH
PARTNERSHIPS WITH THE PRIVATE SECTOR TO OFFER POTENTIAL HIGH
SCHOOL DROPOUT STUDENTS A SEMESTER SCHOLARSHIP FOR INDUSTRY
SPECIFIC TRAINING AFTER GRADUATION; TO ESTABLISH A LIFELONG
LEARNING COMMISSION AND PRESCRIBE ITS MEMBERSHIP TO STUDY THE
RELEVANCE OF THE HIGH SCHOOL EXPERIENCE IN MISSISSIPPI; TO AMEND
SECTION 37-21-55, MISSISSIPPI CODE OF 1972, TO DIRECT STATE
ENTITIES DEALING WITH EARLY CHILDHOOD EDUCATION TO BE COORDINATED
THROUGH THE ADVISORY BOARD OF THE INTERAGENCY ADVISORY COMMITTEE
FOR EARLY CHILDHOOD SERVICES TO BE ADMINISTERED BY THE MISSISSIPPI
DEPARTMENT OF HUMAN SERVICES OFFICE OF CHILDREN AND YOUTH AND TO
AUTHORIZE THE ADVISORY COUNSEL TO ASSESS THE EDUCATIONAL
COMPONENTS FOR THE STATE'S TIERED REIMBURSEMENT STRUCTURE FOR
CHILD CARE FACILITIES; TO CODIFY SECTION 37-3-95, MISSISSIPPI CODE
OF 1972, TO DIRECT THE STATE DEPARTMENT OF EDUCATION AND THE BOARD
OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO PREPARE AN
ANNUAL REPORT TO THE LEGISLATURE ON SCHOOLS OF EDUCATION IN THE
STATE; TO CODIFY SECTION 37-7-346, MISSISSIPPI CODE OF 1972, TO
DIRECT THE STATE DEPARTMENT OF EDUCATION AND THE REGIONAL
EDUCATION SERVICE AGENCIES TO DEVELOP A 5-YEAR PLAN FOR INCREASING
THE DUTIES AND RESPONSIBILITIES OF THE AGENCIES; AND FOR RELATED
PURPOSES.
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SECTION 1.
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(1)
This act shall be referred to as the
"Mississippi Education Reform Act of 2006."
(2)
The Legislature finds and determines that the quality
147
and accountability of public education and its effect upon the
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social, cultural and economic enhancement of the people of
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Mississippi is a matter of public policy, the object of which is
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the education and performance of its children and youth.
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SECTION 2.
25-11-126.
(1)
Any person who has at least twenty-eight
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(28) years of creditable service, who was employed as a public
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schoolteacher at the time of his retirement and who is employed as
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a teacher in a public school district located in a geographic area
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of the state designated as a critical teacher shortage area by the
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State Board of Education after his retirement, may choose to
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continue receiving the retirement allowance under this article
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during his employment as a teacher after his retirement in
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addition to receiving the salary authorized under Section 37-19-7
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and may do so under one (1) of the following options:
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(a)
Option A.
The retired teacher may be employed as a
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teacher and continue receiving retirement benefits and not be
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required to make any contributions to the system.
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option the retired member shall not be eligible to accrue
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additional retirement benefits and shall not be a contributing
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member of the system.
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Under this
This option is expressly designed to provide funding for the
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Mississippi Public Employees' Retirement System to actuarially
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offset any pension liability by providing the employer
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contribution plus the employee contributions of rehired employees
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as defined in Section 25-11-126 by doing the following:
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(i)
The State Department of Education is directed
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to transfer to the Mississippi Public Employees' Retirement System
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the following funds:
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of local school districts that on or after July 1, 2006, hire
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retired members as teachers pursuant to the provisions of this
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section and other funds which would have otherwise been payable to
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the agencies had the agencies not taken advantage of the
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provisions of this section.
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shall follow the provisions of Section 25-11-123.
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(ii)
Minimum and adequate education program funds
The crediting of assets and financing
Local educational agencies are directed to
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transfer to the Mississippi Public Employees' Retirement System
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the following funds:
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of local school districts that on or after July 1, 2006, hire
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retired members as teachers pursuant to the provisions of this
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section and other funds which would have otherwise been payable to
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the agencies had the agencies not taken advantage of the
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shall follow the provisions of Section 25-11-123.
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(b)
Minimum and adequate education program funds
Option B.
The crediting of assets and financing
The retired teacher may be employed as a
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teacher, continue receiving his retirement benefit and be a
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contributing member of the system for purposes of an additional
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retirement benefit.
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Under this option the retired teacher is a contributing
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member of the system and accrues retirement benefits as if he were
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newly hired and had never been a member of the system.
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accrual of benefits shall have no effect on the retirement benefit
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that he is receiving as a result of his initial retirement but
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shall accrue toward a new and separate retirement benefit.
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(2)
A person may be hired under this section subject to the
following conditions:
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The
(a)
The retired member holds any teacher's professional
license or certificate as may be required in Section 37-3-2.
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(b)
The superintendent of schools of the employing
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school district certifies in writing to the State Department of
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Education that the retired member has the requisite experience,
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training and expertise for the position to be filled and that no
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other qualified persons are available to fill the position.
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(c)
The State Superintendent of Education certifies in
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writing to the Public Employees' Retirement System that the
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employing school system serves an area that lacks qualified
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teachers to serve in the position to be filled.
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(d)
The superintendent of schools of the district
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certifies or the principal of the school certifies that there was
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no preexisting arrangement for the person to be hired.
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(e)
The person shall have had a satisfactory
performance review for the most recent period prior to retirement.
(3)
The State Superintendent of Education shall report the
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persons who are employed under this section to the executive
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director.
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SECTION 3.
amended as follows:
25-11-103.
The following words and phrases as used in
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Articles 1 and 3, unless a different meaning is plainly required
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by the context, have the following meanings:
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(a)
"Accumulated contributions" means the sum of all
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the amounts deducted from the compensation of a member and
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credited to his individual account in the annuity savings account,
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together with regular interest as provided in Section 25-11-123.
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(b)
"Actuarial cost" means the amount of funds
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presently required to provide future benefits as determined by the
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board based on applicable tables and formulas provided by the
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actuary.
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(c)
"Actuarial equivalent" means a benefit of equal
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value to the accumulated contributions, annuity or benefit, as the
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case may be, when computed upon the basis of such mortality tables
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as adopted by the board of trustees, and regular interest.
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(d)
"Actuarial tables" means such tables of mortality
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and rates of interest as adopted by the board in accordance with
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the recommendation of the actuary.
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(e)
"Agency" means any governmental body employing
persons in the state service.
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(f)
"Average compensation" means the average of the
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four (4) highest years of earned compensation reported for an
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employee in a fiscal or calendar year period, or combination
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thereof that do not overlap, or the last forty-eight (48)
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consecutive months of earned compensation reported for an
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employee.
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years of service.
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determined be in excess of One Hundred Fifty Thousand Dollars
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($150,000.00).
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lawfully paid in a lump sum for personal leave or major medical
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leave shall be included in the calculation to the extent that the
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amount does not exceed an amount that is equal to thirty (30) days
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of earned compensation and to the extent that it does not cause
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the employees' earned compensation to exceed the maximum
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reportable amount specified in Section 25-11-103(k); however, this
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thirty-day limitation shall not prevent the inclusion in the
The four (4) years need not be successive or joined
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In no case shall the average compensation so
In computing the average compensation, any amount
*SS02/R484.3*
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calculation of leave earned under federal regulations before July
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1, 1976, and frozen as of that date as referred to in Section
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25-3-99.
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and paid upon the death of a member attributable for up to one
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hundred fifty (150) days shall be used in the deceased member's
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average compensation calculation in determining the beneficiary's
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benefits.
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be used that are in excess of the amount on which contributions
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were required and paid, and no nontaxable amounts paid by the
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employer for health or life insurance premiums for the employee
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shall be used.
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increase in annual salary or compensation of more than eight
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percent (8%) retires within twenty-four (24) months from the date
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that the increase becomes effective, then the board shall exclude
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that part of the increase in salary or compensation that exceeds
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eight percent (8%) in calculating that member's average
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compensation for retirement purposes.
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provision by rule or regulation.
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compensation in excess of eight percent (8%) per year granted
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within twenty-four (24) months of the date of retirement may be
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included in the calculation of average compensation if
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satisfactory proof is presented to the board showing that the
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increase in compensation was the result of an actual change in the
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position held or services rendered, or that the compensation
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increase was authorized by the State Personnel Board or was
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increased as a result of statutory enactment, and the employer
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furnishes an affidavit stating that the increase granted within
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the last twenty-four (24) months was not contingent on a promise
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or agreement of the employee to retire.
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25-3-31 shall affect the calculation of the average compensation
291
of any member for the purposes of this article.
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compensation of any member who retires before July 1, 1992, shall
293
not exceed the annual salary of the Governor.
Only the amount of lump sum pay for personal leave due
In computing the average compensation, no amounts shall
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PAGE 7
If any member who is or has been granted any
*SS02/R484.3*
The board may enforce this
However, increases in
Nothing in Section
The average
294
(g)
"Beneficiary" means any person entitled to receive
295
a retirement allowance, an annuity or other benefit as provided by
296
Articles 1 and 3.
297
organization, estate, trust or entity; however, a beneficiary
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designated or entitled to receive monthly payments under an
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optional settlement based on life contingency or pursuant to a
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statutory monthly benefit may only be a natural person.
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event of the death before retirement of any member whose spouse
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and/or children are not entitled to a retirement allowance on the
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basis that the member has less than four (4) years of service
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credit and/or has not been married for a minimum of one (1) year
305
or the spouse has waived his or her entitlement to a retirement
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allowance under Section 25-11-114, the lawful spouse of a member
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at the time of the death of the member shall be the beneficiary of
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the member unless the member has designated another beneficiary
309
after the date of marriage in writing, and filed that writing in
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the office of the executive director of the board of trustees.
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designation or change of beneficiary shall be made in any other
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manner.
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(h)
The term "beneficiary" may also include an
In the
No
"Board" means the board of trustees provided in
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Section 25-11-15 to administer the retirement system created under
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this article.
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(i)
"Creditable service" means "prior service,"
317
"retroactive service" and all lawfully credited unused leave not
318
exceeding the accrual rates and limitations provided in Section
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25-3-91 et seq., as of the date of withdrawal from service plus
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"membership service" for which credit is allowable as provided in
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Section 25-11-109.
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the system for the purpose of computing an employee's retirement
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allowance or annuity or benefits provided in this article, nothing
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in this paragraph shall limit or otherwise restrict the power of
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the governing authority of a municipality or other political
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Except to limit creditable service reported to
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subdivision of the state to adopt such vacation and sick leave
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policies as it deems necessary.
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(j)
"Child" means either a natural child of the member,
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a child that has been made a child of the member by applicable
330
court action before the death of the member, or a child under the
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permanent care of the member at the time of the latter's death,
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which permanent care status shall be determined by evidence
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satisfactory to the board.
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(k)
"Earned compensation" means the full amount earned
335
by an employee for a given pay period including any maintenance
336
furnished up to a maximum of One Hundred Fifty Thousand Dollars
337
($150,000.00) per year, and proportionately for less than one (1)
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year of service.
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money shall be fixed by the employing state agency, and, in case
340
of doubt, by the board of trustees as defined in Section 25-11-15.
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Earned compensation shall not include any nontaxable amounts paid
342
by the employer for health or life insurance premiums for an
343
employee.
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the regular periodic compensation paid, exclusive of litigation
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fees, bond fees, and other similar extraordinary nonrecurring
346
payments.
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defined by Public Employees' Retirement System laws and
348
regulations, who is also employed by another covered agency or
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political subdivision shall have the earnings of that additional
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employment reported to the Public Employees' Retirement System
351
regardless of whether the additional employment is sufficient in
352
itself to be a covered position.
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earned compensation shall be governed by the following:
The value of that maintenance when not paid in
In any case, earned compensation shall be limited to
In addition, any member in a covered position, as
354
(i)
In addition, computation of
In the case of constables, the net earnings
355
from their office after deduction of expenses shall apply, except
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that in no case shall earned compensation be less than the total
357
direct payments made by the state or governmental subdivisions to
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the official.
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(ii)
In the case of chancery or circuit clerks,
360
the net earnings from their office after deduction of expenses
361
shall apply as expressed in Section 25-11-123(f)(4).
362
(iii)
In the case of members of the State
363
Legislature, all remuneration or amounts paid, except mileage
364
allowance, shall apply.
365
(iv)
The amount by which an eligible employee's
366
salary is reduced under a salary reduction agreement authorized
367
under Section 25-17-5 shall be included as earned compensation
368
under this paragraph, provided this inclusion does not conflict
369
with federal law, including federal regulations and federal
370
administrative interpretations under the federal law, pertaining
371
to the Federal Insurance Contributions Act or to Internal Revenue
372
Code Section 125 cafeteria plans.
373
(v)
Compensation in addition to an employee's base
374
salary that is paid to the employee under the vacation and sick
375
leave policies of a municipality or other political subdivision of
376
the state that employs him that exceeds the maximums authorized by
377
Section 25-3-91 et seq. shall be excluded from the calculation of
378
earned compensation under this article.
379
380
(vi)
The maximum salary applicable for retirement
purposes before July 1, 1992, shall be the salary of the Governor.
381
(vii)
Nothing in Section 25-3-31 shall affect the
382
determination of the earned compensation of any member for the
383
purposes of this article.
384
(l)
"Employee" means any person legally occupying a
385
position in the state service, and shall include the employees of
386
the retirement system created under this article.
387
(m)
"Employer" means the State of Mississippi or any of
388
its departments, agencies or subdivisions from which any employee
389
receives his compensation.
390
391
(n)
"Executive director" means the secretary to the
board of trustees, as provided in Section 25-11-15(9), and the
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administrator of the Public Employees' Retirement System and all
393
systems under the management of the board of trustees.
394
the term "Executive Secretary of the Public Employees' Retirement
395
System" or "executive secretary" appears in this article or in any
396
other provision of law, it shall be construed to mean the
397
Executive Director of the Public Employees' Retirement System.
398
399
(o)
Wherever
"Fiscal year" means the period beginning on July 1
of any year and ending on June 30 of the next succeeding year.
400
(p)
"Medical board" means the board of physicians or
401
any governmental or nongovernmental disability determination
402
service designated by the board of trustees that is qualified to
403
make disability determinations as provided for in Section
404
25-11-119.
405
406
407
408
409
(q)
"Member" means any person included in the
membership of the system as provided in Section 25-11-105.
(r)
"Membership service" means service as an employee
rendered while a member of the retirement system.
(s)
"Position" means any office or any employment in
410
the state service, or two (2) or more of them, the duties of which
411
call for services to be rendered by one (1) person, including
412
positions jointly employed by federal and state agencies
413
administering federal and state funds.
414
determine upon initial employment and during the course of
415
employment of an employee who does not meet the criteria for
416
coverage in the Public Employees' Retirement System based on the
417
position held, whether the employee is or becomes eligible for
418
coverage in the Public Employees' Retirement System based upon any
419
other employment in a covered agency or political subdivision.
420
or when the employee meets the eligibility criteria for coverage
421
in the other position, then the employer must withhold
422
contributions and report wages from the noncovered position in
423
accordance with the provisions for reporting of earned
424
compensation.
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The employer shall
Failure to deduct and report those contributions
*SS02/R484.3*
If
425
shall not relieve the employee or employer of liability thereof.
426
The board shall adopt such rules and regulations as necessary to
427
implement and enforce this provision.
428
(t)
"Prior service" means service rendered before
429
February 1, 1953, for which credit is allowable under Sections
430
25-11-105 and 25-11-109, and which shall allow prior service for
431
any person who is now or becomes a member of the Public Employees'
432
Retirement System and who does contribute to the system for a
433
minimum period of four (4) years.
434
(u)
"Regular interest" means interest compounded
435
annually at such a rate as determined by the board in accordance
436
with Section 25-11-121.
437
(v)
"Retirement allowance" means an annuity for life as
438
provided in this article, payable each year in twelve (12) equal
439
monthly installments beginning as of the date fixed by the board.
440
The retirement allowance shall be calculated in accordance with
441
Section 25-11-111.
442
retirement benefit in accordance with Section 25-11-111(d) before
443
March 31, 1971, and those benefits were terminated because of
444
eligibility for a social security benefit, may again receive his
445
spouse retirement benefit from and after making application with
446
the board of trustees to reinstate the spouse retirement benefit.
447
(w)
However, any spouse who received a spouse
"Retroactive service" means service rendered after
448
February 1, 1953, for which credit is allowable under Section
449
25-11-105(b) and Section 25-11-105(k).
450
(x)
"System" means the Public Employees' Retirement
451
System of Mississippi established and described in Section
452
25-11-101.
453
454
455
(y)
"State" means the State of Mississippi or any
political subdivision thereof or instrumentality of the state.
(z)
"State service" means all offices and positions of
456
trust or employment in the employ of the state, or any political
457
subdivision or instrumentality of the state, that
S. B. No. 2602
06/SS02/R484.3
PAGE 12
*SS02/R484.3*
elect to
458
participate as provided by Section 25-11-105(f), including the
459
position of elected or fee officials of the counties and their
460
deputies and employees performing public services or any
461
department, independent agency, board or commission thereof, and
462
also includes all offices and positions of trust or employment in
463
the employ of joint state and federal agencies administering state
464
and federal funds and service rendered by employees of the public
465
schools.
466
school employees, such as bus drivers, janitors, maids,
467
maintenance workers and cafeteria employees, shall have the option
468
to become members in accordance with Section 25-11-105(b), and
469
shall be eligible to receive credit for services before July 1,
470
1973, provided that the contributions and interest are paid by the
471
employee in accordance with that section; in addition, the county
472
or municipal separate school district may pay the employer
473
contribution and pro rata share of interest of the retroactive
474
service from available funds.
475
retroactive service credit shall be purchased at the actuarial
476
cost in accordance with Section 25-11-105(b).
477
Effective July 1, 1973, all nonprofessional public
(aa)
From and after July 1, 1998,
"Withdrawal from service" or "termination from
478
service" means complete severance of employment in the state
479
service of any member by resignation, dismissal or discharge,
480
except in the case of persons who become eligible to receive a
481
retirement allowance under this article and who choose to receive
482
the retirement allowance during their employment as teachers as
483
authorized by Section 25-11-126(1)(a).
484
485
(bb)
The masculine pronoun, wherever used, includes the
feminine pronoun.
486
SECTION 4.
487
amended as follows:
488
25-11-105.
489
The membership of this retirement system shall be composed as
490
I.
THOSE WHO ARE ELIGIBLE FOR MEMBERSHIP
follows:
S. B. No. 2602
06/SS02/R484.3
PAGE 13
*SS02/R484.3*
491
(a)
(i)
All persons who become employees in the state
492
service after January 31, 1953, and whose wages are subject to
493
payroll taxes and are lawfully reported on IRS Form W-2, except
494
those persons who are specifically excluded, those persons as to
495
whom election is provided in Articles 1 and 3, or those persons
496
who choose to receive or continue receiving a retirement allowance
497
during their employment as teachers as authorized by Section
498
25-11-126(1)(a), shall become members of the retirement system as
499
a condition of their employment.
500
(ii)
From and after July 1, 2002, any individual
501
who is employed by a governmental entity to perform professional
502
services shall become a member of the system if the individual is
503
paid regular periodic compensation for those services that is
504
subject to payroll taxes, is provided all other employee benefits
505
and meets the membership criteria established by the regulations
506
adopted by the board of trustees that apply to all other members
507
of the system; however, any active member employed in such a
508
position on July 1, 2002, will continue to be an active member for
509
as long as they are employed in any such position.
510
(b)
511
service after January 31, 1953, except those specifically excluded
512
or as to whom election is provided in Articles 1 and 3, unless
513
they file with the board before the lapse of sixty (60) days of
514
employment or sixty (60) days after the effective date of the
515
cited articles, whichever is later, on a form prescribed by the
516
board, a notice of election not to be covered by the membership of
517
the retirement system and a duly executed waiver of all present
518
and prospective benefits that would otherwise inure to them on
519
account of their participation in the system, shall become members
520
of the retirement system; however, no credit for prior service
521
will be granted to members until they have contributed to Article
522
3 of the retirement system for a minimum period of at least four
523
(4) years.
Those members shall receive credit for services
S. B. No. 2602
06/SS02/R484.3
PAGE 14
*SS02/R484.3*
524
performed before January 1, 1953, in employment now covered by
525
Article 3, but no credit shall be granted for retroactive services
526
between January 1, 1953, and the date of their entry into the
527
retirement system, unless the employee pays into the retirement
528
system both the employer's and the employee's contributions on
529
wages paid him during the period from January 31, 1953, to the
530
date of his becoming a contributing member, together with interest
531
at the rate determined by the board of trustees.
532
reentering after withdrawal from service shall qualify for prior
533
service under the provisions of Section 25-11-117.
534
July 1, 1998, upon eligibility as noted above, the member may
535
receive credit for such retroactive service provided:
536
(1)
Members
From and after
The member shall furnish proof satisfactory to
537
the board of trustees of certification of that service from the
538
covered employer where the services were performed; and
539
(2)
The member shall pay to the retirement system
540
on the date he or she is eligible for that credit or at any time
541
thereafter before the date of retirement the actuarial cost for
542
each year of that creditable service.
543
subparagraph (2) shall be subject to the limitations of Section
544
415 of the Internal Revenue Code and regulations promulgated under
545
Section 415.
546
The provisions of this
Nothing contained in this paragraph (b) shall be construed to
547
limit the authority of the board to allow the correction of
548
reporting errors or omissions based on the payment of the employee
549
and employer contributions plus applicable interest.
550
(c)
551
service after January 31, 1953, and who are eligible for
552
membership in any other retirement system shall become members of
553
this retirement system as a condition of their employment, unless
554
they elect at the time of their employment to become a member of
555
that other system.
S. B. No. 2602
06/SS02/R484.3
PAGE 15
*SS02/R484.3*
556
(d)
All persons who are employees in the state service
557
on January 31, 1953, and who are members of any nonfunded
558
retirement system operated by the State of Mississippi, or any of
559
its departments or agencies, shall become members of this system
560
with prior service credit unless, before February 1, 1953, they
561
file a written notice with the board of trustees that they do not
562
elect to become members.
563
(e)
All persons who are employees in the state service
564
on January 31, 1953, and who under existing laws are members of
565
any fund operated for the retirement of employees by the State of
566
Mississippi, or any of its departments or agencies, shall not be
567
entitled to membership in this retirement system unless, before
568
February 1, 1953, any such person indicates by a notice filed with
569
the board, on a form prescribed by the board, his individual
570
election and choice to participate in this system, but no such
571
person shall receive prior service credit unless he becomes a
572
member on or before February 1, 1953.
573
(f)
Each political subdivision of the state and each
574
instrumentality of the state or a political subdivision, or both,
575
is authorized to submit, for approval by the board of trustees, a
576
plan for extending the benefits of this article to employees of
577
any such political subdivision or instrumentality.
578
or any amendment to the plan for extending benefits thereof shall
579
be approved by the board of trustees if it finds that the plan, or
580
the plan as amended, is in conformity with such requirements as
581
are provided in Articles 1 and 3; however, upon approval of the
582
plan or any such plan previously approved by the board of
583
trustees, the approved plan shall not be subject to cancellation
584
or termination by the political subdivision or instrumentality,
585
except that any community hospital serving a municipality that
586
joined the Public Employees' Retirement System as of November 1,
587
1956, to offer social security coverage for its employees and
588
subsequently extended retirement annuity coverage to its employees
S. B. No. 2602
06/SS02/R484.3
PAGE 16
*SS02/R484.3*
Each such plan
589
as of December 1, 1965, may, upon documentation of extreme
590
financial hardship, have future retirement annuity coverage
591
cancelled or terminated at the discretion of the board of
592
trustees.
No such plan shall be approved unless:
593
(1)
It provides that all services that constitute
594
employment as defined in Section 25-11-5 and are performed in the
595
employ of the political subdivision or instrumentality, by any
596
employees thereof, shall be covered by the plan, with the
597
exception of municipal employees who are already covered by
598
existing retirement plans; however, those employees in this class
599
may elect to come under the provisions of this article;
600
(2)
It specifies the source or sources from which
601
the funds necessary to make the payments required by paragraph (d)
602
of Section 25-11-123 and of paragraph (f)(5)B and C of this
603
section are expected to be derived and contains reasonable
604
assurance that those sources will be adequate for that purpose;
605
(3)
It provides for such methods of administration
606
of the plan by the political subdivision or instrumentality as are
607
found by the board of trustees to be necessary for the proper and
608
efficient administration thereof;
609
(4)
It provides that the political subdivision or
610
instrumentality will make such reports, in such form and
611
containing such information, as the board of trustees may from
612
time to time require;
613
(5)
It authorizes the board of trustees to
614
terminate the plan in its entirety in the discretion of the board
615
if it finds that there has been a failure to comply substantially
616
with any provision contained in the plan, the termination to take
617
effect at the expiration of such notice and on such conditions as
618
may be provided by regulations of the board and as may be
619
consistent with applicable federal law.
620
621
A.
The board of trustees shall not finally
refuse to approve a plan submitted under paragraph (f), and shall
S. B. No. 2602
06/SS02/R484.3
PAGE 17
*SS02/R484.3*
622
not terminate an approved plan without reasonable notice and
623
opportunity for hearing to each political subdivision or
624
instrumentality affected by the board's decision.
625
decision in any such case shall be final, conclusive and binding
626
unless an appeal is taken by the political subdivision or
627
instrumentality aggrieved by the decision to the Circuit Court of
628
Hinds County, Mississippi, in accordance with the provisions of
629
law with respect to civil causes by certiorari.
630
B.
The board's
Each political subdivision or
631
instrumentality as to which a plan has been approved under this
632
section shall pay into the contribution fund, with respect to
633
wages (as defined in Section 25-11-5), at such time or times as
634
the board of trustees may by regulation prescribe, contributions
635
in the amounts and at the rates specified in the applicable
636
agreement entered into by the board.
637
C.
Every political subdivision or
638
instrumentality required to make payments under paragraph (f)(5)B
639
of this section is authorized, in consideration of the employees'
640
retention in or entry upon employment after enactment of Articles
641
1 and 3, to impose upon its employees, as to services that are
642
covered by an approved plan, a contribution with respect to wages
643
(as defined in Section 25-11-5) not exceeding the amount provided
644
in Section 25-11-123(d) if those services constituted employment
645
within the meaning of Articles 1 and 3, and to deduct the amount
646
of the contribution from the wages as and when paid.
647
Contributions so collected shall be paid into the contribution
648
fund as partial discharge of the liability of the political
649
subdivisions or instrumentalities under paragraph (f)(5)B of this
650
section.
651
employee or employer of liability for the contribution.
Failure to deduct the contribution shall not relieve the
652
D.
Any state agency, school, political
653
subdivision, instrumentality or any employer that is required to
654
submit contribution payments or wage reports under any section of
S. B. No. 2602
06/SS02/R484.3
PAGE 18
*SS02/R484.3*
655
this chapter shall be assessed interest on delinquent payments or
656
wage reports as determined by the board of trustees in accordance
657
with rules and regulations adopted by the board and delinquent
658
payments, assessed interest and any other amount certified by the
659
board as owed by an employer, may be recovered by action in a
660
court of competent jurisdiction against the reporting agency
661
liable therefor or may, upon due certification of delinquency and
662
at the request of the board of trustees, be deducted from any
663
other monies payable to the reporting agency by any department or
664
agency of the state.
665
E.
Each political subdivision of the state
666
and each instrumentality of the state or a political subdivision
667
or subdivisions that submit a plan for approval of the board, as
668
provided in this section, shall reimburse the board for coverage
669
into the expense account, its pro rata share of the total expense
670
of administering Articles 1 and 3 as provided by regulations of
671
the board.
672
(g)
The board may, in its discretion, deny the right of
673
membership in this system to any class of employees whose
674
compensation is only partly paid by the state or who are occupying
675
positions on a part-time or intermittent basis.
676
its discretion, make optional with employees in any such classes
677
their individual entrance into this system.
678
(h)
The board may, in
An employee whose membership in this system is
679
contingent on his own election, and who elects not to become a
680
member, may thereafter apply for and be admitted to membership;
681
but no such employee shall receive prior service credit unless he
682
becomes a member before July 1, 1953, except as provided in
683
paragraph (b).
684
(i)
If any member of this system changes his employment
685
to any agency of the state having an actuarially funded retirement
686
system, the board of trustees may authorize the transfer of the
687
member's creditable service and of the present value of the
S. B. No. 2602
06/SS02/R484.3
PAGE 19
*SS02/R484.3*
688
member's employer's accumulation account and of the present value
689
of the member's accumulated membership contributions to that other
690
system, provided that the employee agrees to the transfer of his
691
accumulated membership contributions and provided that the other
692
system is authorized to receive and agrees to make the transfer.
693
If any member of any other actuarially funded system
694
maintained by an agency of the state changes his employment to an
695
agency covered by this system, the board of trustees may authorize
696
the receipt of the transfer of the member's creditable service and
697
of the present value of the member's employer's accumulation
698
account and of the present value of the member's accumulated
699
membership contributions from the other system, provided that the
700
employee agrees to the transfer of his accumulated membership
701
contributions to this system and provided that the other system is
702
authorized and agrees to make the transfer.
703
(j)
Wherever state employment is referred to in this
704
section, it includes joint employment by state and federal
705
agencies of all kinds.
706
(k)
Employees of a political subdivision or
707
instrumentality who were employed by the political subdivision or
708
instrumentality before an agreement between the entity and the
709
Public Employees' Retirement System to extend the benefits of this
710
article to its employees, and which agreement provides for the
711
establishment of retroactive service credit, and who have been
712
members of the retirement system and have remained contributors to
713
the retirement system for four (4) years, may receive credit for
714
that retroactive service with the political subdivision or
715
instrumentality, provided that the employee and/or employer, as
716
provided under the terms of the modification of the joinder
717
agreement in allowing that coverage, pay into the retirement
718
system the employer's and employee's contributions on wages paid
719
the member during the previous employment, together with interest
720
or actuarial cost as determined by the board covering the period
S. B. No. 2602
06/SS02/R484.3
PAGE 20
*SS02/R484.3*
721
from the date the service was rendered until the payment for the
722
credit for the service was made.
723
the Social Security Administration or employer payroll records.
724
Effective July 1, 1998, upon eligibility as noted above, a member
725
may receive credit for that retroactive service with the political
726
subdivision or instrumentality provided:
727
(1)
Those wages shall be verified by
The member shall furnish proof satisfactory to
728
the board of trustees of certification of those services from the
729
political subdivision or instrumentality where the services were
730
rendered or verification by the Social Security Administration;
731
and
732
(2)
The member shall pay to the retirement system
733
on the date he or she is eligible for that credit or at any time
734
thereafter before the date of retirement the actuarial cost for
735
each year of that creditable service.
736
subparagraph (2) shall be subject to the limitations of Section
737
415 of the Internal Revenue Code and regulations promulgated under
738
Section 415.
739
The provisions of this
Nothing contained in this paragraph (k) shall be construed to
740
limit the authority of the board to allow the correction of
741
reporting errors or omissions based on the payment of employee and
742
employer contributions plus applicable interest.
743
time shall be made in increments of not less than one-quarter
744
(1/4) year of creditable service beginning with the most recent
745
service.
746
contributions, plus interest or the actuarial cost as provided
747
above, the member shall receive credit for the period of
748
creditable service for which full payment has been made to the
749
retirement system.
750
Payment for that
Upon the payment of all or part of the required
(l)
Through June 30, 1998, any state service eligible
751
for retroactive service credit, no part of which has ever been
752
reported, and requiring the payment of employee and employer
753
contributions plus interest, or, from and after July 1, 1998, any
S. B. No. 2602
06/SS02/R484.3
PAGE 21
*SS02/R484.3*
754
state service eligible for retroactive service credit, no part of
755
which has ever been reported to the retirement system, and
756
requiring the payment of the actuarial cost for that creditable
757
service, may, at the member's option, be purchased in quarterly
758
increments as provided above at the time that its purchase is
759
otherwise allowed.
760
(m)
All rights to purchase retroactive service credit
761
or repay a refund as provided in Section 25-11-101 et seq. shall
762
terminate upon retirement.
763
764
II.
THOSE WHO ARE NOT ELIGIBLE FOR MEMBERSHIP
The following classes of employees and officers shall not
765
become members of this retirement system, any other provisions of
766
Articles 1 and 3 to the contrary notwithstanding:
767
768
(a)
Patient or inmate help in state charitable, penal
or correctional institutions;
769
(b)
Students of any state educational institution
770
employed by any agency of the state for temporary, part-time or
771
intermittent work;
772
(c)
Participants of Comprehensive Employment and
773
Training Act of 1973 (CETA) being Public Law 93-203, who enroll on
774
or after July l, 1979; and
775
(d)
From and after July 1, 2002, individuals who are
776
employed by a governmental entity to perform professional service
777
on less than a full-time basis who do not meet the criteria
778
established in I(a)(ii) of this section.
779
III.
780
TERMINATION OF MEMBERSHIP
Membership in this system shall cease by a member withdrawing
781
his accumulated contributions, or by a member withdrawing from
782
active service with a retirement allowance, or by a member's
783
death.
784
SECTION 5.
785
amended as follows:
S. B. No. 2602
06/SS02/R484.3
PAGE 22
*SS02/R484.3*
786
25-11-123.
All of the assets of the system shall be credited
787
according to the purpose for which they are held to one (1) of
788
four (4) reserves; namely, the annuity savings account, the
789
annuity reserve, the employer's accumulation account, and the
790
expense account.
791
(a)
Annuity savings account.
In the annuity savings account
792
shall be accumulated the contributions made by members to provide
793
for their annuities, including interest thereon which shall be
794
posted monthly.
795
savings account shall be made as follows:
796
(1)
Credits to and charges against the annuity
Beginning July 1, 1991, the employer shall cause to
797
be deducted from the salary of each member on each and every
798
payroll of the employer for each and every payroll period seven
799
and one-fourth percent (7-1/4%) of earned compensation as defined
800
in Section 25-11-103.
801
biennially by the board on the basis of the liabilities of the
802
retirement system for the various allowances and benefits as shown
803
by actuarial valuation; however, any member earning at a rate less
804
than Sixteen Dollars and Sixty-seven Cents ($16.67) per month, or
805
Two Hundred Dollars ($200.00) per year, shall contribute not less
806
than One Dollar ($1.00) per month, or Twelve Dollars ($12.00) per
807
year.
808
persons who choose to receive or continue receiving a retirement
809
allowance during their employment as teachers as authorized by
810
Section 25-11-126 (1)(a).
811
Future contributions shall be fixed
This paragraph (a)(1) shall not apply to the salary of
(2)
The deductions provided herein shall be made
812
notwithstanding that the minimum compensation provided by law for
813
any member is reduced thereby.
814
consent and agree to the deductions made and provided for herein
815
and shall receipt for his full salary or compensation, and payment
816
of salary or compensation less the deduction shall be a full and
817
complete discharge and acquittance of all claims and demands
818
whatsoever for the services rendered by the person during the
S. B. No. 2602
06/SS02/R484.3
PAGE 23
*SS02/R484.3*
Every member shall be deemed to
819
period covered by the payment, except as to the benefits provided
820
under Articles 1 and 3.
821
methods of collection of contributions from members and the
822
employer.
823
production of evidence necessary to verify the correctness of
824
amounts contributed.
825
(b)
The board shall provide by rules for the
The board shall have full authority to require the
Annuity reserve.
The annuity reserve shall be the
826
account representing the actuarial value of all annuities in
827
force, and to it shall be charged all annuities and all benefits
828
in lieu of annuities, payable as provided in this article.
829
beneficiary retired on account of disability is restored to active
830
service with a compensation not less than his average final
831
compensation at the time of his last retirement, the remainder of
832
his contributions shall be transferred from the annuity reserve to
833
the annuity savings account and credited to his individual account
834
therein, and the balance of his annuity reserve shall be
835
transferred to the employer's accumulation account.
836
(c)
Employer's accumulation account.
If a
The employer's
837
accumulation account shall represent the accumulation of all
838
reserves for the payment of all retirement allowances and other
839
benefits payable from contributions made by the employer, and
840
against this account shall be charged all retirement allowances
841
and other benefits on account of members.
842
against the employer's accumulation account shall be made as
843
follows:
844
(1)
Credits to and charges
On account of each member there shall be paid
845
monthly into the employer's accumulation account by the employers
846
for the preceding fiscal year an amount equal to a certain
847
percentage of the total earned compensation, as defined in Section
848
25-11-103, of each member.
849
contributions shall be fixed biennially by the board on the basis
850
of the liabilities of the retirement system for the various
851
allowances and benefits as shown by actuarial valuation.
S. B. No. 2602
06/SS02/R484.3
PAGE 24
The percentage rate of those
*SS02/R484.3*
852
Beginning January 1, 1990, the rate shall be fixed at nine and
853
three-fourths percent (9-3/4%).
854
employer's contribution rate by one percent (1%) from and after
855
July 1 of the year following the year in which the board
856
determines and the board's actuary certifies that the employer's
857
contribution rate can be reduced by that amount without causing
858
the unfunded accrued actuarial liability amortization period for
859
the retirement system to exceed twenty (20) years.
860
subdivisions joining Article 3 of the Public Employees' Retirement
861
System after July 1, 1968, may adjust the employer's contributions
862
by agreement with the Board of Trustees of the Public Employees'
863
Retirement System to provide service credits for any period before
864
execution of the agreement based upon an actuarial determination
865
of employer's contribution rates.
866
(2)
The board shall reduce the
Political
On the basis of regular interest and of such
867
mortality and other tables as are adopted by the board of
868
trustees, the actuary engaged by the board to make each valuation
869
required by this article during the period over which the accrued
870
liability contribution is payable, immediately after making that
871
valuation, shall determine the uniform and constant percentage of
872
the earnable compensation of each member which, if contributed by
873
the employer on the basis of compensation of the member throughout
874
his entire period of membership service, would be sufficient to
875
provide for the payment of any retirement allowance payable on his
876
account for that service.
877
be known as the "normal contribution rate."
878
liability contribution has ceased to be payable, the normal
879
contribution rate shall be the percentage rate of the salary of
880
all members obtained by deducting from the total liabilities on
881
account of membership service the amount in the employer's
882
accumulation account, and dividing the remainder by one percent
883
(1%) of the present value of the prospective future salaries of
884
all members as computed on the basis of the mortality and service
S. B. No. 2602
06/SS02/R484.3
PAGE 25
The percentage rate so determined shall
*SS02/R484.3*
After the accrued
885
tables adopted by the board of trustees and regular interest.
886
normal rate of contributions shall be determined by the actuary
887
after each valuation.
888
(3)
The
The total amount payable in each year to the
889
employer's accumulation account shall not be less than the sum of
890
the percentage rate known as the "normal contribution" rate and
891
the "accrued liability contribution" rate of the total
892
compensation earnable by all members during the preceding year,
893
provided that the payment by the employer shall be sufficient,
894
when combined with the amounts in the account, to provide the
895
allowances and other benefits chargeable to this account during
896
the year then current.
897
(4)
The accrued liability contribution shall be
898
discontinued as soon as the accumulated balance in the employer's
899
accumulation account shall equal the present value, computed on
900
the basis of the normal contribution rate then in force, or the
901
prospective normal contributions to be received on account of all
902
persons who are at that time members.
903
(5)
All allowances and benefits in lieu thereof, with
904
the exception of those payable on account of members who receive
905
no prior service credit, payable from contributions of the
906
employer, shall be paid from the employer's accumulation account.
907
(6)
Upon the retirement of a member, an amount equal to
908
his retirement allowance shall be transferred from the employer's
909
accumulation account to the annuity reserve.
910
(d)
Expense account.
The expense account shall be the
911
account to which the expenses of the administration of the system
912
shall be charged, exclusive of amounts payable as retirement
913
allowances and as other benefits provided herein.
914
shall make annual appropriations in amounts sufficient to
915
administer the system, which shall be credited to this account.
916
There shall be transferred to the State Treasury from this
917
account, not less than once per month, an amount sufficient for
S. B. No. 2602
06/SS02/R484.3
PAGE 26
*SS02/R484.3*
The Legislature
918
payment of the estimated expenses of the system for the succeeding
919
thirty (30) days.
920
shall accrue to the benefit of the system. However,
921
notwithstanding the provisions of Sections 25-11-15(10) and
922
25-11-105(f)(5)E, all expenses of the administration of the system
923
shall be paid from the interest earnings, provided the interest
924
earnings are in excess of the actuarial interest assumption as
925
determined by the board, and provided the present cost of the
926
administrative expense fee of two percent (2%) of the
927
contributions reported by the political subdivisions and
928
instrumentalities shall be reduced to one percent (1%) from and
929
after July 1, 1983, through June 30, 1984, and shall be eliminated
930
thereafter.
931
(e)
Any interest earned on the expense account
Collection of contributions.
The employer shall cause
932
to be deducted on each and every payroll of a member for each and
933
every payroll period, beginning subsequent to January 31, 1953,
934
the contributions payable by the member as provided in Articles 1
935
and 3.
936
The employer shall make deductions from salaries of employees
937
as provided in Articles 1 and 3 and shall transmit monthly, or at
938
such time as the board of trustees designates, the amount
939
specified to be deducted to the Executive Director of the Public
940
Employees' Retirement System.
941
making a record of all those receipts, shall deposit such amounts
942
as provided by law.
943
(f)
(1)
The executive director, after
Upon the basis of each actuarial valuation provided
944
herein, the board of trustees shall biennially determine the
945
normal contribution rate and the accrued liability contribution
946
rate as provided in this section.
947
shall be known as the "employer's contribution rate."
948
on earned compensation effective January 1, 1990, the rate
949
computed as provided in this section shall be nine and
950
three-fourths percent (9-3/4%).
S. B. No. 2602
06/SS02/R484.3
PAGE 27
*SS02/R484.3*
The sum of these two (2) rates
Beginning
The board shall reduce the
951
employer's contribution rate by one percent (1%) from and after
952
July 1 of the year following the year in which the board
953
determines and the board's actuary certifies that the employer's
954
contribution rate can be reduced by that amount without causing
955
the unfunded accrued actuarial liability amortization period for
956
the retirement system to exceed twenty (20) years.
957
rate of those contributions shall be fixed biennially by the board
958
on the basis of the liabilities of the retirement system for the
959
various allowances and benefits as shown by actuarial
960
valuation.
961
(2)
The percentage
The amount payable by the employer on account of
962
normal and accrued liability contributions shall be determined by
963
applying the employer's contribution rate to the amount of
964
compensation earned by employees who are members of the system.
965
Monthly, or at such time as the board of trustees designates, each
966
department or agency shall compute the amount of the employer's
967
contribution payable, with respect to the salaries of its
968
employees who are members of the system, and shall cause that
969
amount to be paid to the board of trustees from the personal
970
service allotment of the amount appropriated for the operation of
971
the department or agency, or from funds otherwise available to the
972
agency, for the payment of salaries to its employees.
973
(3)
Constables shall pay employer and employee
974
contributions on their net fee income as well as the employee
975
contributions on all direct treasury or county payroll income.
976
The county shall be responsible for the employer contribution on
977
all direct treasury or county payroll income of constables.
978
(4)
Chancery and circuit clerks shall be responsible
979
for both the employer and employee share of contributions on the
980
proportionate share of net income attributable to fees, as well as
981
the employee share of net income attributable to direct treasury
982
or county payroll income, and the employing county shall be
S. B. No. 2602
06/SS02/R484.3
PAGE 28
*SS02/R484.3*
983
responsible for the employer contributions on the net income
984
attributable to direct treasury or county payroll income.
985
(5)
Once each year, under procedures established by the
986
system, each employer shall submit to the Public Employees'
987
Retirement System a copy of their report to Social Security of all
988
employees' earnings.
989
(6)
The board shall provide by rules for the methods of
990
collection of contributions of employers and members.
The amounts
991
determined due by an agency to the various funds as specified in
992
Articles 1 and 3 are made obligations of the agency to the board
993
and shall be paid as provided herein.
994
contributions shall not relieve the employee and employer from
995
liability thereof.
996
accrued interest shall be the obligation of the employee and
997
delinquent employer contributions and any accrued interest shall
998
be the obligation of the employer.
999
discretion, elect to pay any or all of the interest on delinquent
Failure to deduct those
Delinquent employee contributions and any
The employer may, in its
1000
employee contributions.
1001
and regulations established by the board, all employers are
1002
authorized and shall transfer all funds due to the Public
1003
Employees' Retirement System electronically and shall transmit any
1004
wage or other reports by computerized reporting systems.
1005
1006
1007
SECTION 6.
From and after July 1, 1996, under rules
amended as follows:
25-11-127.
(1)
(a)
No person who is being paid a
1008
retirement allowance or a pension after retirement under this
1009
article shall be employed or paid for any service by the State of
1010
Mississippi, except as provided in this section or in Section
1011
25-11-126.
1012
(b)
No retiree of this retirement system who is
1013
reemployed or is reelected to office after retirement shall
1014
continue to draw retirement benefits while so reemployed, except
1015
as provided in this section or in Section 25-11-126.
S. B. No. 2602
06/SS02/R484.3
PAGE 29
*SS02/R484.3*
1016
(c)
No person employed or elected under the exceptions
1017
provided for in this section shall become a member under Article 3
1018
of the retirement system.
1019
(2)
Except as otherwise provided in Section 25-11-126, any
1020
person who has been retired under the provisions of Article 3 and
1021
who is later reemployed in service covered by this article shall
1022
cease to receive benefits under this article and shall again
1023
become a contributing member of the retirement system.
1024
otherwise provided in Section 25-11-126, when the person retires
1025
again, if the person has been a contributing member of the
1026
retirement system during his reemployment and the reemployment
1027
exceeds six (6) months, the person shall have his or her benefit
1028
recomputed, including service after again becoming a member,
1029
provided that the total retirement allowance paid to the retired
1030
member in his or her previous retirement shall be deducted from
1031
the member's retirement reserve and taken into consideration in
1032
recalculating the retirement allowance under a new option
1033
selected.
1034
1035
1036
(3)
Except as
The board shall have the right to prescribe rules and
regulations for carrying out the provisions of this section.
(4)
The provisions of this section shall not be construed to
1037
prohibit any retiree, regardless of age, from being employed and
1038
drawing a retirement allowance either:
1039
(a)
For a period of time not to exceed one-half (1/2)
1040
of the normal working days for the position in any fiscal year
1041
during which the retiree will receive no more than one-half (1/2)
1042
of the salary in effect for the position at the time of
1043
employment, or
1044
(b)
For a period of time in any fiscal year sufficient
1045
in length to permit a retiree to earn not in excess of twenty-five
1046
percent (25%) of retiree's average compensation.
1047
To determine the normal working days for a position under
1048
paragraph (a) of this subsection, the employer shall determine the
S. B. No. 2602
06/SS02/R484.3
PAGE 30
*SS02/R484.3*
1049
required number of working days for the position on a full-time
1050
basis and the equivalent number of hours representing the
1051
full-time position.
1052
(1/2) of the required number of working days or up to one-half
1053
(1/2) of the equivalent number of hours and receive up to one-half
1054
(1/2) of the salary for the position.
1055
with multiple employers, the limitation shall equal one-half (1/2)
1056
of the number of days or hours for a single full-time position.
The retiree then may work up to one-half
In the case of employment
1057
Notice shall be given in writing to the executive director,
1058
setting forth the facts upon which the employment is being made,
1059
and the notice shall be given within five (5) days from the date
1060
of employment and also from the date of termination of the
1061
employment.
1062
(5)
Any member may continue in municipal or county elected
1063
office or be elected to a municipal or county office, provided
1064
that the person:
1065
(a)
Files annually, in writing, in the office of the
1066
employer and the office of the executive director of the system
1067
before the person takes office or as soon as possible after
1068
retirement, a waiver of all salary or compensation and elects to
1069
receive in lieu of that salary or compensation a retirement
1070
allowance as provided in this section, in which event no salary or
1071
compensation shall thereafter be due or payable for those
1072
services; however, any such officer or employee may receive, in
1073
addition to the retirement allowance, office expense allowance,
1074
mileage or travel expense authorized by any statute of the State
1075
of Mississippi; or
1076
(b)
Elects to receive compensation for that elective
1077
office in an amount not to exceed twenty-five percent (25%) of the
1078
retiree's average compensation.
1079
term "compensation" shall not include office expense allowance,
1080
mileage or travel expense authorized by a statute of the State of
1081
Mississippi.
S. B. No. 2602
06/SS02/R484.3
PAGE 31
As used in this paragraph, the
In order to receive compensation as allowed in this
*SS02/R484.3*
1082
paragraph, the member shall file annually, in writing, in the
1083
office of the employer and the office of the executive director of
1084
the system, an election to receive, in addition to a retirement
1085
allowance, compensation as allowed in this paragraph.
1086
SECTION 7.
1087
amended as follows:
1088
37-19-7.
(1)
This section shall be known and may be cited
1089
as the Mississippi "Teacher Opportunity Program (TOP)."
The
1090
allowance in the minimum education program and the Mississippi
1091
Adequate Education Program for teachers' salaries in each county
1092
and separate school district shall be determined and paid in
1093
accordance with the scale for teachers' salaries as provided in
1094
this subsection.
1095
licenses or the equivalent as determined by the State Board of
1096
Education, and the following number of years of teaching
1097
experience, the scale shall be as follows:
For teachers holding the following types of
1098
2004-2005 School Year
1099
Less Than 25 Years of Teaching Experience
1100
AAAA............................................. $ 31,775.00
1101
AAA..............................................
30,850.00
1102
AA...............................................
29,925.00
1103
A................................................
28,000.00
1104
25 or More Years of Teaching Experience
1105
AAAA............................................. $ 33,775.00
1106
AAA..............................................
32,850.00
1107
AA...............................................
31,925.00
1108
A................................................
30,000.00
1109
The State Board of Education shall revise the salary scale
1110
prescribed above for the 2004-2005 school year to conform to any
1111
adjustments made to the salary scale in prior fiscal years due to
1112
revenue growth over and above five percent (5%).
1113
percent (1%) that the Sine Die General Fund Revenue Estimate
1114
Growth exceeds five percent (5%) for fiscal year 2005, as
S. B. No. 2602
06/SS02/R484.3
PAGE 32
*SS02/R484.3*
For each one
1115
certified by the Legislative Budget Office to the State Board of
1116
Education and subject to specific appropriation therefor by the
1117
Legislature, the State Board of Education shall revise the salary
1118
scale to provide an additional one percent (1%) across the board
1119
increase in the base salaries for each type of license.
1120
2005-2006 School Year and School Years Thereafter
1121
Less Than 25 Years of Teaching Experience
1122
AAAA............................................. $ 34,000.00
1123
AAA..............................................
33,000.00
1124
AA...............................................
32,000.00
1125
A................................................
30,000.00
1126
25 or More Years of Teaching Experience
1127
AAAA............................................. $ 36,000.00
1128
AAA..............................................
35,000.00
1129
AA...............................................
34,000.00
1130
A................................................
32,000.00
1131
The State Board of Education shall revise the salary scale
1132
prescribed above for the 2005-2006 school year to conform to any
1133
adjustments made to the salary scale in prior fiscal years due to
1134
revenue growth over and above five percent (5%).
1135
percent (1%) that the Sine Die General Fund Revenue Estimate
1136
Growth exceeds five percent (5%) for fiscal year 2006, as
1137
certified by the Legislative Budget Office to the State Board of
1138
Education and subject to specific appropriation therefor by the
1139
Legislature, the State Board of Education shall revise the salary
1140
scale to provide an additional one percent (1%) across the board
1141
increase in the base salaries for each type of license.
1142
For each one
It is the intent of the Legislature that any state funds made
1143
available for salaries of licensed personnel in excess of the
1144
funds paid for such salaries for the 1986-1987 school year shall
1145
be paid to licensed personnel pursuant to a personnel appraisal
1146
and compensation system implemented by the State Board of
1147
Education.
The State Board of Education shall have the authority
S. B. No. 2602
06/SS02/R484.3
PAGE 33
*SS02/R484.3*
1148
to adopt and amend rules and regulations as are necessary to
1149
establish, administer and maintain the system.
1150
All teachers employed on a full-time basis shall be paid a
1151
minimum salary in accordance with the above scale.
1152
school district shall receive any funds under this section for any
1153
school year during which the local supplement paid to any
1154
individual teacher shall have been reduced to a sum less than that
1155
paid to that individual teacher for performing the same duties
1156
from local supplement during the immediately preceding school
1157
year.
1158
and/or life insurance shall be considered as a part of the
1159
aggregate amount of local supplement but shall not be considered a
1160
part of the amount of individual local supplement.
The amount actually spent for the purposes of group health
1161
1162
However, no
2004-2005 School Year Annual Increment
For teachers holding a Class AAAA license, the minimum base
1163
pay specified in this subsection shall be increased by the sum of
1164
Seven Hundred Forty Dollars ($740.00) for each year of teaching
1165
experience possessed by the person holding such license until such
1166
person shall have twenty-five (25) years of teaching experience.
1167
For teachers holding a Class AAA license, the minimum base
1168
1169
Six Hundred Seventy-five Dollars ($675.00) for each year of
1170
teaching experience possessed by the person holding such license
1171
until such person shall have twenty-five (25) years of teaching
1172
experience.
1173
For teachers holding a Class AA license, the minimum base pay
1174
specified in this subsection shall be increased by the sum of Six
1175
Hundred Ten Dollars ($610.00) for each year of teaching experience
1176
possessed by the person holding such license until such person
1177
shall have twenty-five (25) years of teaching experience.
1178
For teachers holding a Class A license, the minimum base pay
1179
specified in this subsection shall be increased by the sum of Four
1180
Hundred Sixty-five Dollars ($465.00) for each year of teaching
S. B. No. 2602
06/SS02/R484.3
PAGE 34
*SS02/R484.3*
1181
1182
person shall have twenty-four (24) years of teaching experience.
1183
2005-2006 School Year
1184
and School Years Thereafter Annual Increments
1185
For teachers holding a Class AAAA license, the minimum base
1186
1187
Seven Hundred Seventy Dollars ($770.00) for each year of teaching
1188
1189
1190
For teachers holding a Class AAA license, the minimum base
1191
1192
Seven Hundred Five Dollars ($705.00) for each year of teaching
1193
1194
1195
For teachers holding a Class AA license, the minimum base pay
1196
specified in this subsection shall be increased by the sum of Six
1197
Hundred Forty Dollars ($640.00) for each year of teaching
1198
1199
1200
For teachers holding a Class A license, the minimum base pay
1201
specified in this subsection shall be increased by the sum of Four
1202
Hundred Eighty Dollars ($480.00) for each year of teaching
1203
1204
person shall have twenty-four (24) years of teaching experience.
1205
The level of professional training of each teacher to be used
1206
in establishing the salary allotment for the teachers for each
1207
year shall be determined by the type of valid teacher's license
1208
issued to those teachers on or before October 1 of the current
1209
school year.
1210
(2)
(a)
The following employees shall receive an annual
1211
salary supplement in the amount of Six Thousand Dollars
1212
($6,000.00), plus fringe benefits, in addition to any other
1213
compensation to which the employee may be entitled:
S. B. No. 2602
06/SS02/R484.3
PAGE 35
*SS02/R484.3*
1214
(i)
Any licensed teacher who has met the
1215
requirements and acquired a Master Teacher certificate from the
1216
National Board for Professional Teaching Standards and who is
1217
employed by a local school board or the State Board of Education
1218
as a teacher and not as an administrator.
1219
submit documentation to the State Department of Education that the
1220
certificate was received prior to October 15 in order to be
1221
eligible for the full salary supplement in the current school
1222
year, or the teacher shall submit such documentation to the State
1223
Department of Education prior to February 15 in order to be
1224
eligible for a prorated salary supplement beginning with the
1225
second term of the school year.
1226
(ii)
Such teacher shall
A licensed nurse who has met the requirements
1227
and acquired a certificate from the National Board for
1228
Certification of School Nurses, Inc., and who is employed by a
1229
local school board or the State Board of Education as a school
1230
nurse and not as an administrator.
1231
shall submit documentation to the State Department of Education
1232
that the certificate was received before October 15 in order to be
1233
1234
year, or the licensed school nurse shall submit the documentation
1235
to the State Department of Education before February 15 in order
1236
to be eligible for a prorated salary supplement beginning with the
1237
second term of the school year.
1238
number of licensed school nurses eligible for a salary supplement
1239
under this paragraph (ii) shall not exceed twenty (20).
1240
(iii)
The licensed school nurse
Provided, however, that the total
Any licensed school counselor who has met
1241
the requirements and acquired a National Certified School
1242
Counselor (NCSC) endorsement from the National Board of Certified
1243
Counselors and who is employed by a local school board or the
1244
State Board of Education as a counselor and not as an
1245
administrator.
1246
documentation to the State Department of Education that the
S. B. No. 2602
06/SS02/R484.3
PAGE 36
Such licensed school counselor shall submit
*SS02/R484.3*
1247
endorsement was received prior to October 15 in order to be
1248
1249
year, or the licensed school counselor shall submit such
1250
documentation to the State Department of Education prior to
1251
February 15 in order to be eligible for a prorated salary
1252
supplement beginning with the second term of the school year.
1253
However, any school counselor who started the National Board for
1254
Professional Teaching Standards process for school counselors
1255
between June 1, 2003, and June 30, 2004, and completes the
1256
requirements and acquires the master teacher certificate shall be
1257
entitled to the master teacher supplement, and those counselors
1258
who complete the process shall be entitled to a one-time
1259
reimbursement for the actual cost of the process as outlined in
1260
paragraph (b) of this subsection.
1261
(iv)
Any licensed speech-language pathologist and
1262
audiologist who has met the requirements and acquired a
1263
Certificate of Clinical Competence from the American
1264
Speech-Language-Hearing Association and who is employed by a local
1265
school board.
1266
audiologist shall submit documentation to the State Department of
1267
Education that the certificate or endorsement was received prior
1268
to October 15 in order to be eligible for the full salary
1269
supplement in the current school year, or the licensed
1270
speech-language pathologist and audiologist shall submit such
1271
documentation to the State Department of Education prior to
1272
February 15 in order to be eligible for a prorated salary
1273
supplement beginning with the second term of the school year.
1274
(b)
Such licensed speech-language pathologist and
An employee shall be reimbursed one (1) time for
1275
the actual cost of completing the process of acquiring the
1276
certificate or endorsement, excluding any costs incurred for
1277
postgraduate courses, not to exceed Five Hundred Dollars ($500.00)
1278
for a school counselor or speech-language pathologist and
1279
audiologist, regardless of whether or not the process resulted in
S. B. No. 2602
06/SS02/R484.3
PAGE 37
*SS02/R484.3*
1280
the award of the certificate or endorsement.
1281
district or any private individual or entity may pay the cost of
1282
completing the process of acquiring the certificate or endorsement
1283
for any employee of the school district described under paragraph
1284
(a), and the State Department of Education shall reimburse the
1285
school district for such cost, regardless of whether or not the
1286
process resulted in the award of the certificate or endorsement.
1287
If a private individual or entity has paid the cost of completing
1288
the process of acquiring the certificate or endorsement for an
1289
employee, the local school district may agree to directly
1290
reimburse the individual or entity for such cost on behalf of the
1291
employee.
1292
(c)
A local school
All salary supplements, fringe benefits and process
1293
reimbursement authorized under this subsection shall be paid
1294
directly by the State Department of Education to the local school
1295
district and shall be in addition to its minimum education program
1296
allotments and not a part thereof in accordance with regulations
1297
promulgated by the State Board of Education, and subject to
1298
appropriation by the Legislature.
1299
not reduce the local supplement paid to any employee receiving
1300
such salary supplement, and the employee shall receive any local
1301
supplement to which employees with similar training and experience
1302
otherwise are entitled.
1303
(d)
Local school districts shall
The State Department of Education may not pay any
1304
process reimbursement to a school district for an employee who
1305
does not complete the certification or endorsement process
1306
required to be eligible for the certificate or endorsement.
1307
employee for whom such cost has been paid in full or in part by a
1308
local school district or private individual or entity fails to
1309
complete the certification or endorsement process, the employee
1310
shall be liable to the school district or individual or entity for
1311
all amounts paid by the school district or individual or entity on
S. B. No. 2602
06/SS02/R484.3
PAGE 38
*SS02/R484.3*
If an
1312
behalf of that employee toward his or her certificate or
1313
endorsement.
1314
(3)
(a)
Effective July 1, 2007, if funds are available for
1315
that purpose, the Legislature may authorize state funds for
1316
additional base compensation for teachers holding licenses in
1317
critical subject areas or the equivalent and who teach at least a
1318
majority of their courses in a critical subject area, as
1319
determined by the State Board of Education.
1320
(b)
Effective July 1, 2007, if funds are available for
1321
that purpose, the Legislature may authorize state funds for
1322
additional base compensation for teachers employed in a public
1323
school district located in a geographic area of the state
1324
designated as a critical teacher shortage area by the State Board
1325
of Education.
1326
(4)
(a)
This section shall be known and may be cited as the
1327
"Mississippi Performance Based Pay (MPBP)" plan.
In addition to
1328
the minimum base pay described in this section, if funds are
1329
available for that purpose, the State of Mississippi may provide
1330
monies from state funds to school districts as defined below for
1331
the purposes of rewarding certified teachers and administrators on
1332
an equal basis at individual schools showing improvement in
1333
student test scores at the top fifty percent (50%) of individual
1334
schools.
1335
Department of Education based on the following criteria:
The MPBP plan shall be developed by the Mississippi
1336
(i)
It is the express intent of this legislation
1337
that the MPBP plan shall utilize only existing standards of
1338
accreditation and assessment as established by the State Board of
1339
Education.
1340
(ii)
To ensure that all of Mississippi's teachers
1341
at all schools have equal access to the monies set aside in this
1342
section, the MPBP program shall be designed to calculate each
1343
school's performance as determined by said school's increase in
1344
scores from the prior school year.
S. B. No. 2602
06/SS02/R484.3
PAGE 39
*SS02/R484.3*
The MPBP program shall be
1345
based on a standardized scores rating where all levels of schools
1346
can be judged in a statistically fair and reasonable way.
1347
end of each year, after all student achievement scores have been
1348
standardized, the Mississippi Department of Education shall
1349
determine the number of schools scoring in the top fifty percent
1350
(50%) in terms of student improvement and allocate the money
1351
provided for as described in this section on the following basis:
1352
1.
At the
Schools ranking in the top quartile in
1353
terms of student improvement will receive sixty-five percent (65%)
1354
of the money set aside as described by this section, and to be
1355
equally divided among teachers and administrators.
1356
2.
Schools ranking in the second quartile in
1357
terms of student improvement will receive thirty-five percent
1358
(35%) of the money set aside as described in this section, and to
1359
be equally divided among teachers and administrators.
1360
(iii)
To ensure all teachers cooperate in the
1361
spirit of teamwork, individual schools may submit a plan to the
1362
local school educational authority to be approved prior to the
1363
beginning of each school year beginning 2007-2008.
1364
include, but not be limited to, how all teachers, regardless of
1365
subject area, and administrators will be responsible for improving
1366
student achievement for their individual school.
1367
(b)
The plan shall
The Mississippi Department of Education shall
1368
ensure that all local educational authorities have access to
1369
details of the MPBP program by November 1, 2006, for the purposes
1370
of collecting baseline measurements for full implementation during
1371
the 2007-2008 school year.
1372
(c)
The State Department of Education is directed to
1373
conduct research on the feasibility of a value-added model of pay
1374
for performance model.
1375
1376
(i)
"Value-added" is a statistical approach
designed to measure teacher effectiveness while minimizing outside
S. B. No. 2602
06/SS02/R484.3
PAGE 40
*SS02/R484.3*
1377
influences by controlling for factors such as family background,
1378
race and socioeconomic status.
1379
(ii)
The State Department of Education study
1380
should measure at least three (3) years of student test scores in
1381
Grades 3 through 8 in reading, math, science, language arts and
1382
social studies to provide a longitudinal picture of individual
1383
student progress and teacher effectiveness.
1384
(iii)
The study should show how each student
1385
performs on a year-to-year basis compared to his or her expected
1386
score which is calculated on the basis of the pupil's results on
1387
prior tests.
1388
performance against that of his or her peers.
1389
At the same time, it should track a student's
(iv)
The study should be "blind" defined as
1390
personally identifying information of the teachers' and students'
1391
data being measured in the research kept anonymous.
1392
population sample should also be selected in a randomly stratified
1393
way and not based on volunteers.
1394
(v)
The
The State Department of Education is
1395
authorized to use any appropriate statistical measurements to
1396
successfully accomplish the intent of this section.
1397
(vi)
The State Department of Education shall
1398
present an annual report on their findings and progress to the
1399
Legislature and Governor's Office beginning in January 2007.
1400
(5)
(a)
Beginning in the 2006-2007 school year, if funds
1401
are available for that purpose, each middle school in Mississippi
1402
shall have at least two (2) mentor teachers, as defined by
1403
Sections 37-9-201 through 37-9-213, that shall receive additional
1404
base compensation provided for by the State Legislature in the
1405
amount of One Thousand Dollars ($1,000.00).
1406
(b)
To be eligible for this state funding, the
1407
individual school must have a classroom management program
1408
approved by the local school board.
S. B. No. 2602
06/SS02/R484.3
PAGE 41
*SS02/R484.3*
1409
(c)
If funds are available for that purpose, the state
1410
shall provide additional funding under this subsection (5) for
1411
only two (2) mentor teachers per middle school, however, this
1412
shall not prohibit local school districts from providing
1413
additional salary supplements for more than two (2) teacher
1414
mentors from nonadequate education program funds.
1415
(6)
Notwithstanding any provision in this section to the
1416
contrary, any person who is receiving a retirement allowance from
1417
the Public Employees' Retirement System who is employed as a
1418
teacher after his retirement, and chooses to continue receiving
1419
the retirement allowance during his employment as a teacher after
1420
his retirement, as authorized by Section 25-11-126, shall be paid
1421
a salary not less than the amount of the salary for teachers with
1422
similar experience filling similar positions, including annual
1423
increments for years of experience, less the employee and employer
1424
contribution to the Mississippi Public Employees' Retirement
1425
System.
1426
annual increments or other increases.
1427
1428
1429
The retired member shall be entitled to any supplements,
SECTION 8.
amended as follows:
37-3-2.
(1)
There is established within the State
1430
Department of Education the Commission on Teacher and
1431
Administrator Education, Certification and Licensure and
1432
Development.
1433
to make recommendations to the State Board of Education regarding
1434
standards for the certification and licensure and continuing
1435
professional development of those who teach or perform tasks of an
1436
educational nature in the public schools of Mississippi.
1437
(2)
It shall be the purpose and duty of the commission
The commission shall be composed of fifteen (15)
1438
qualified members.
1439
composed of the following members to be appointed, three (3) from
1440
each congressional district:
1441
(3) school administrators; one (1) representative of schools of
S. B. No. 2602
06/SS02/R484.3
PAGE 42
The membership of the commission shall be
four (4) classroom teachers; three
*SS02/R484.3*
1442
education of institutions of higher learning located within the
1443
state to be recommended by the Board of Trustees of State
1444
Institutions of Higher Learning; one (1) representative from the
1445
schools of education of independent institutions of higher
1446
learning to be recommended by the Board of the Mississippi
1447
Association of Independent Colleges; one (1) representative from
1448
public community and junior colleges located within the state to
1449
be recommended by the State Board for Community and Junior
1450
Colleges; one (1) local school board member; and four (4) lay
1451
persons.
1452
Education after consultation with the State Superintendent of
1453
Public Education.
1454
Education shall be made as follows:
1455
appointed for a term of one (1) year; five (5) members shall be
1456
appointed for a term of two (2) years; and five (5) members shall
1457
be appointed for a term of three (3) years.
1458
members shall be appointed for a term of four (4) years.
1459
(3)
All appointments shall be made by the State Board of
The first appointments by the State Board of
five (5) members shall be
Thereafter, all
The State Board of Education when making appointments
1460
shall designate a chairman.
1461
once every two (2) months or more often if needed.
1462
commission shall be compensated at a rate of per diem as
1463
authorized by Section 25-3-69 and be reimbursed for actual and
1464
necessary expenses as authorized by Section 25-3-41.
1465
(4)
The commission shall meet at least
Members of the
An appropriate staff member of the State Department of
1466
Education shall be designated and assigned by the State
1467
Superintendent of Public Education to serve as executive secretary
1468
and coordinator for the commission.
1469
appropriate staff members of the State Department of Education
1470
shall be designated and assigned by the State Superintendent of
1471
Public Education to serve on the staff of the commission.
1472
(5)
No less than two (2) other
It shall be the duty of the commission to:
S. B. No. 2602
06/SS02/R484.3
PAGE 43
*SS02/R484.3*
1473
(a)
Set standards and criteria, subject to the approval
1474
of the State Board of Education, for all educator preparation
1475
programs in the state;
1476
(b)
Recommend to the State Board of Education each year
1477
approval or disapproval of each educator preparation program in
1478
the state;
1479
(c)
Establish, subject to the approval of the State
1480
Board of Education, standards for initial teacher certification
1481
and licensure in all fields;
1482
(d)
Establish, subject to the approval of the State
1483
Board of Education, standards for the renewal of teacher licenses
1484
in all fields;
1485
(e)
Review and evaluate objective measures of teacher
1486
performance, such as test scores, which may form part of the
1487
licensure process, and to make recommendations for their use;
1488
1489
(f)
and licensure;
1490
1491
Review all existing requirements for certification
(g)
Consult with groups whose work may be affected by
the commission's decisions;
1492
(h)
Prepare reports from time to time on current
1493
practices and issues in the general area of teacher education and
1494
certification and licensure;
1495
(i)
Hold hearings concerning standards for teachers'
1496
and administrators' education and certification and licensure with
1497
approval of the State Board of Education;
1498
1499
(j)
Board of Education;
1500
1501
1502
Hire expert consultants with approval of the State
(k)
Set up ad hoc committees to advise on specific
areas; and
(l)
Perform such other functions as may fall within
1503
their general charge and which may be delegated to them by the
1504
State Board of Education.
S. B. No. 2602
06/SS02/R484.3
PAGE 44
*SS02/R484.3*
1505
(6)
(a)
Standard License - Approved Program Route.
An
1506
educator entering the school system of Mississippi for the first
1507
time and meeting all requirements as established by the State
1508
Board of Education shall be granted a standard five-year license.
1509
Persons who possess two (2) years of classroom experience as an
1510
assistant teacher or who have taught for one (1) year in an
1511
accredited public or private school shall be allowed to fulfill
1512
student teaching requirements under the supervision of a qualified
1513
participating teacher approved by an accredited college of
1514
education.
1515
teacher is employed shall compensate such assistant teachers at
1516
the required salary level during the period of time such
1517
individual is completing student teaching requirements.
1518
Applicants for a standard license shall submit to the department:
The local school district in which the assistant
1519
(i)
1520
(ii)
An application on a department form;
An official transcript of completion of a
1521
teacher education program approved by the department or a
1522
nationally accredited program, subject to the following:
1523
Licensure to teach in Mississippi prekindergarten through
1524
kindergarten classrooms shall require completion of a teacher
1525
education program or a bachelor of science degree with child
1526
development emphasis from a program accredited by the American
1527
Association of Family and Consumer Sciences (AAFCS) or by the
1528
National Association for Education of Young Children (NAEYC) or by
1529
the National Council for Accreditation of Teacher Education
1530
(NCATE).
1531
those applicants who have completed a teacher education program,
1532
and in Grade 1 through Grade 4 shall require the completion of an
1533
interdisciplinary program of studies.
1534
through 8 shall require the completion of an interdisciplinary
1535
program of studies with two (2) or more areas of concentration.
1536
Licensure to teach in Mississippi Grades 7 through 12 shall
1537
require a major in an academic field other than education, or a
Licensure to teach in Mississippi kindergarten, for
S. B. No. 2602
06/SS02/R484.3
PAGE 45
*SS02/R484.3*
Licenses for Grades 4
1538
combination of disciplines other than education.
1539
preparing to teach a subject shall complete a major in the
1540
respective subject discipline.
1541
licensure shall demonstrate that such person's college preparation
1542
in those fields was in accordance with the standards set forth by
1543
the National Council for Accreditation of Teacher Education
1544
(NCATE) or the National Association of State Directors of Teacher
1545
Education and Certification (NASDTEC) or, for those applicants who
1546
have a bachelor of science degree with child development emphasis,
1547
the American Association of Family and Consumer Sciences (AAFCS);
1548
(iii)
Students
All applicants for standard
A copy of test scores evidencing
1549
satisfactory completion of nationally administered examinations of
1550
achievement, such as the Educational Testing Service's teacher
1551
testing examinations; and
1552
(iv)
1553
Board of Education.
1554
(b)
Any other document required by the State
Standard License - Nontraditional Teaching Route.
1555
Beginning January 1, 2004, an individual who has a passing score
1556
on the Praxis I Basic Skills and Praxis II Specialty Area Test in
1557
the requested area of endorsement may apply for the Teach
1558
Mississippi Institute (TMI) program to teach students in Grades 7
1559
through 12 if the individual meets the requirements of this
1560
paragraph (b).
1561
requiring that teacher preparation institutions which provide the
1562
Teach Mississippi Institute (TMI) program for the preparation of
1563
nontraditional teachers shall meet the standards and comply with
1564
the provisions of this paragraph.
1565
(i)
The State Board of Education shall adopt rules
The Teach Mississippi Institute (TMI) shall
1566
include an intensive eight-week, nine-semester-hour summer program
1567
or a curriculum of study in which the student matriculates in the
1568
fall or spring semester, which shall include, but not be limited
1569
to, instruction in education, effective teaching strategies,
1570
classroom management, state curriculum requirements, planning and
S. B. No. 2602
06/SS02/R484.3
PAGE 46
*SS02/R484.3*
1571
instruction, instructional methods and pedagogy, using test
1572
results to improve instruction, and a one (1) semester three-hour
1573
supervised internship to be completed while the teacher is
1574
employed as a full-time teacher intern in a local school district.
1575
The TMI shall be implemented on a pilot program basis, with
1576
courses to be offered at up to four (4) locations in the state,
1577
with one (1) TMI site to be located in each of the three (3)
1578
Mississippi Supreme Court districts.
1579
(ii)
The school sponsoring the teacher intern
1580
shall enter into a written agreement with the institution
1581
providing the Teach Mississippi Institute (TMI) program, under
1582
terms and conditions as agreed upon by the contracting parties,
1583
providing that the school district shall provide teacher interns
1584
seeking a nontraditional provisional teaching license with a
1585
one-year classroom teaching experience.
1586
successfully complete the one (1) semester three-hour intensive
1587
internship in the school district during the semester immediately
1588
following successful completion of the TMI and prior to the end of
1589
the one-year classroom teaching experience.
1590
(iii)
The teacher intern shall
Upon completion of the nine-semester-hour
1591
TMI or the fall or spring semester option, the individual shall
1592
submit his transcript to the commission for provisional licensure
1593
of the intern teacher, and the intern teacher shall be issued a
1594
provisional teaching license by the commission, which will allow
1595
the individual to legally serve as a teacher while the person
1596
completes a nontraditional teacher preparation internship program.
1597
(iv)
During the semester of internship in the
1598
school district, the teacher preparation institution shall monitor
1599
the performance of the intern teacher.
1600
employs the provisional teacher shall supervise the provisional
1601
teacher during the teacher's intern year of employment under a
1602
nontraditional provisional license, and shall, in consultation
1603
with the teacher intern's mentor at the school district of
S. B. No. 2602
06/SS02/R484.3
PAGE 47
*SS02/R484.3*
The school district that
1604
employment, submit to the commission a comprehensive evaluation of
1605
the teacher's performance sixty (60) days prior to the expiration
1606
of the nontraditional provisional license.
1607
evaluation establishes that the provisional teacher intern's
1608
performance fails to meet the standards of the approved
1609
nontraditional teacher preparation internship program, the
1610
individual shall not be approved for a standard license.
1611
(v)
If the comprehensive
An individual issued a provisional teaching
1612
license under this nontraditional route shall successfully
1613
complete, at a minimum, a one-year beginning teacher mentoring and
1614
induction program administered by the employing school district
1615
with the assistance of the State Department of Education.
1616
(vi)
Upon successful completion of the TMI and the
1617
internship provisional license period, applicants for a Standard
1618
License - Nontraditional Route shall submit to the commission a
1619
transcript of successful completion of the twelve (12) semester
1620
hours required in the internship program, and the employing school
1621
district shall submit to the commission a recommendation for
1622
standard licensure of the intern.
1623
recommends licensure, the applicant shall be issued a Standard
1624
License - Nontraditional Route which shall be valid for a
1625
five-year period and be renewable.
1626
(vii)
If the school district
At the discretion of the teacher preparation
1627
institution, the individual shall be allowed to credit the twelve
1628
(12) semester hours earned in the nontraditional teacher
1629
internship program toward the graduate hours required for a Master
1630
of Arts in Teacher (MAT) Degree.
1631
(viii)
The local school district in which the
1632
nontraditional teacher intern or provisional licensee is employed
1633
shall compensate such teacher interns at Step 1 of the required
1634
salary level during the period of time such individual is
1635
completing teacher internship requirements and shall compensate
S. B. No. 2602
06/SS02/R484.3
PAGE 48
*SS02/R484.3*
1636
such Standard License - Nontraditional Route teachers at Step 3 of
1637
the required salary level when they complete license requirements.
1638
Implementation of the TMI program provided for under this
1639
paragraph (b) shall be contingent upon the availability of funds
1640
appropriated specifically for such purpose by the Legislature.
1641
Such implementation of the TMI program may not be deemed to
1642
prohibit the State Board of Education from developing and
1643
implementing additional alternative route teacher licensure
1644
programs, as deemed appropriate by the board.
1645
certification program in effect prior to July 1, 2002, shall
1646
remain in effect.
1647
The emergency
The State Department of Education shall compile and report,
1648
in consultation with the commission, information relating to
1649
nontraditional teacher preparation internship programs, including
1650
the number of programs available and geographic areas in which
1651
they are available, the number of individuals who apply for and
1652
possess a nontraditional conditional license, the subject areas in
1653
which individuals who possess nontraditional conditional licenses
1654
are teaching and where they are teaching, and shall submit its
1655
findings and recommendations to the legislative committees on
1656
education by December 1, 2004.
1657
A Standard License - Approved Program Route shall be issued
1658
for a five-year period, and may be renewed.
1659
as a profession, a hiring preference shall be granted to persons
1660
holding a Standard License - Approved Program Route or Standard
1661
License - Nontraditional Teaching Route over persons holding any
1662
other license.
1663
(c)
Recognizing teaching
Special License - Expert Citizen.
In order to
1664
allow a school district to offer specialized or technical courses,
1665
the State Department of Education, in accordance with rules and
1666
regulations established by the State Board of Education, may grant
1667
a one-year expert citizen-teacher license to local business or
1668
other professional personnel to teach in a public school or
S. B. No. 2602
06/SS02/R484.3
PAGE 49
*SS02/R484.3*
1669
nonpublic school accredited or approved by the state.
1670
may begin teaching upon his employment by the local school board
1671
and licensure by the Mississippi Department of Education.
1672
board shall adopt rules and regulations to administer the expert
1673
citizen-teacher license.
1674
be renewed in accordance with the established rules and
1675
regulations of the State Department of Education.
1676
(d)
Such person
The
A Special License - Expert Citizen may
Special License - Nonrenewable.
The State Board of
1677
Education is authorized to establish rules and regulations to
1678
allow those educators not meeting requirements in subsection
1679
(6)(a), (b) or (c) to be licensed for a period of not more than
1680
three (3) years, except by special approval of the State Board of
1681
Education.
1682
(e)
Nonlicensed Teaching Personnel.
A nonlicensed
1683
person may teach for a maximum of three (3) periods per teaching
1684
day in a public school or a nonpublic school accredited/approved
1685
by the state.
1686
transcript or record of his education and experience which
1687
substantiates his preparation for the subject to be taught and
1688
shall meet other qualifications specified by the commission and
1689
approved by the State Board of Education.
1690
local school board hire nonlicensed personnel as authorized under
1691
this paragraph in excess of five percent (5%) of the total number
1692
of licensed personnel in any single school.
1693
4 or 5 accreditation standards shall be exempted from any
1694
restrictions in this paragraph relating to the employment of
1695
nonlicensed teaching personnel.
1696
(f)
Such person shall submit to the department a
In no case shall any
Schools meeting Level
Special License - Transitional Bilingual Education.
1697
Beginning July 1, 2003, the commission shall grant special
1698
licenses to teachers of transitional bilingual education who
1699
possess such qualifications as are prescribed in this section.
1700
Teachers of transitional bilingual education shall be compensated
1701
by local school boards at not less than one (1) step on the
S. B. No. 2602
06/SS02/R484.3
PAGE 50
*SS02/R484.3*
1702
regular salary schedule applicable to permanent teachers licensed
1703
under this section.
1704
to teachers of transitional bilingual education who present the
1705
commission with satisfactory evidence that they (i) possess a
1706
speaking and reading ability in a language, other than English, in
1707
which bilingual education is offered and communicative skills in
1708
English; (ii) are in good health and sound moral character; (iii)
1709
possess a bachelor's degree or an associate's degree in teacher
1710
education from an accredited institution of higher education; (iv)
1711
meet such requirements as to courses of study, semester hours
1712
therein, experience and training as may be required by the
1713
commission; and (v) are legally present in the United States and
1714
possess legal authorization for employment.
1715
transitional bilingual education serving under a special license
1716
shall be under an exemption from standard licensure if he achieves
1717
the requisite qualifications therefor.
1718
by a teacher of transitional bilingual education under such an
1719
exemption shall be credited to the teacher in acquiring a Standard
1720
Educator License.
1721
prohibit a local school board from employing a teacher licensed in
1722
an appropriate field as approved by the State Department of
1723
Education to teach in a program in transitional bilingual
1724
education.
1725
(g)
The commission shall grant special licenses
A teacher of
Two (2) years of service
Nothing in this paragraph shall be deemed to
In the event any school district meets Level 4 or 5
1726
accreditation standards, the State Board of Education, in its
1727
discretion, may exempt such school district from any restrictions
1728
in paragraph (e) relating to the employment of nonlicensed
1729
teaching personnel.
1730
(h)
Highly Qualified Teachers.
Beginning July 1, 2006,
1731
any teacher from any state meeting the federal definition of
1732
highly qualified, as described in the No Child Left Behind Act,
1733
shall be granted a standard five-year license by the Mississippi
1734
Department of Education.
S. B. No. 2602
06/SS02/R484.3
PAGE 51
*SS02/R484.3*
1735
(7)
Administrator License.
The State Board of Education is
1736
authorized to establish rules and regulations and to administer
1737
the licensure process of the school administrators in the State of
1738
Mississippi.
1739
licensure with exceptions only through special approval of the
1740
State Board of Education.
1741
(a)
There will be four (4) categories of administrator
Administrator License - Nonpracticing.
Those
1742
educators holding administrative endorsement but have no
1743
administrative experience or not serving in an administrative
1744
position on January 15, 1997.
1745
(b)
Administrator License - Entry Level.
Those
1746
educators holding administrative endorsement and having met the
1747
department's qualifications to be eligible for employment in a
1748
Mississippi school district.
1749
shall be issued for a five-year period and shall be nonrenewable.
1750
(c)
Administrator License - Entry Level
Standard Administrator License - Career Level.
An
1751
administrator who has met all the requirements of the department
1752
for standard administrator licensure.
1753
(d)
Administrator License - Nontraditional Route.
The
1754
board may establish a nontraditional route for licensing
1755
administrative personnel.
1756
administrative licensure shall be available for persons holding,
1757
but not limited to, a master of business administration degree, a
1758
master of public administration degree, a master of public
1759
planning and policy degree or a doctor of jurisprudence degree
1760
from an accredited college or university, with five (5) years of
1761
administrative or supervisory experience.
1762
of the requirements of alternate route licensure for
1763
administrators shall qualify the person for a standard
1764
administrator license.
1765
Such nontraditional route for
Successful completion
The State Department of Education shall compile and report,
1766
in consultation with the commission, information relating to
1767
nontraditional administrator preparation internship programs,
S. B. No. 2602
06/SS02/R484.3
PAGE 52
*SS02/R484.3*
1768
including the number of programs available and geographic areas in
1769
which they are available, the number of individuals who apply for
1770
and possess a nontraditional conditional license and where they
1771
are employed, and shall submit its findings and recommendations to
1772
the legislative committees on education by December 1, 2004.
1773
Beginning with the 1997-1998 school year, individuals seeking
1774
school administrator licensure under paragraph (b), (c) or (d)
1775
shall successfully complete a training program and an assessment
1776
process prescribed by the State Board of Education.
1777
seeking school administrator licensure prior to June 30, 1997, and
1778
completing all requirements for provisional or standard
1779
administrator certification and who have never practiced, shall be
1780
exempt from taking the Mississippi Assessment Battery Phase I.
1781
Applicants seeking school administrator licensure during the
1782
period beginning July 1, 1997, through June 30, 1998, shall
1783
participate in the Mississippi Assessment Battery, and upon
1784
request of the applicant, the department shall reimburse the
1785
applicant for the cost of the assessment process required.
1786
June 30, 1998, all applicants for school administrator licensure
1787
shall meet all requirements prescribed by the department under
1788
paragraph (b), (c) or (d), and the cost of the assessment process
1789
required shall be paid by the applicant.
1790
(8)
Reciprocity.
(a)
Applicants
After
The department shall grant a standard
1791
license to any individual who possesses a valid standard license
1792
from another state * * *.
1793
(b)
The department shall grant a nonrenewable special
1794
license to any individual who possesses a credential which is less
1795
than a standard license or certification from another state, or
1796
who possesses a standard license from another state but has less
1797
than two (2) years of full-time teaching or administration
1798
experience.
1799
school year plus one (1) additional school year to expire on June
1800
30 of the second year, not to exceed a total period of twenty-four
S. B. No. 2602
06/SS02/R484.3
PAGE 53
Such special license shall be valid for the current
*SS02/R484.3*
1801
(24) months, during which time the applicant shall be required to
1802
complete the requirements for a standard license in Mississippi.
1803
(9)
Renewal and Reinstatement of Licenses.
The State Board
1804
of Education is authorized to establish rules and regulations for
1805
the renewal and reinstatement of educator and administrator
1806
licenses.
1807
by an educator shall be extended five (5) years beyond the
1808
expiration date of the license in order to afford the educator
1809
adequate time to fulfill new renewal requirements established
1810
pursuant to this subsection.
1811
education, educational specialist or doctor of education degree in
1812
May 1997 for the purpose of upgrading the educator's license to a
1813
higher class shall be given this extension of five (5) years plus
1814
five (5) additional years for completion of a higher degree.
1815
(10)
Effective May 15, 1997, the valid standard license held
An educator completing a master of
All controversies involving the issuance, revocation,
1816
suspension or any change whatsoever in the licensure of an
1817
educator required to hold a license shall be initially heard in a
1818
hearing de novo, by the commission or by a subcommittee
1819
established by the commission and composed of commission members
1820
for the purpose of holding hearings.
1821
denial of issuance, revocation or suspension of a license shall be
1822
by sworn affidavit filed with the Commission of Teacher and
1823
Administrator Education, Certification and Licensure and
1824
Development.
1825
subcommittee shall be final, unless the aggrieved party shall
1826
appeal to the State Board of Education, within ten (10) days, of
1827
the decision of the committee or its subcommittee.
1828
the State Board of Education shall be on the record previously
1829
made before the commission or its subcommittee unless otherwise
1830
provided by rules and regulations adopted by the board.
1831
Board of Education in its authority may reverse, or remand with
1832
instructions, the decision of the committee or its subcommittee.
1833
The decision of the State Board of Education shall be final.
S. B. No. 2602
06/SS02/R484.3
PAGE 54
Any complaint seeking the
The decision thereon by the commission or its
*SS02/R484.3*
An appeal to
The State
1834
(11)
The State Board of Education, acting through the
1835
commission, may deny an application for any teacher or
1836
administrator license for one or more of the following:
1837
1838
(a)
Lack of qualifications which are prescribed by law
or regulations adopted by the State Board of Education;
1839
(b)
The applicant has a physical, emotional or mental
1840
disability that renders the applicant unfit to perform the duties
1841
authorized by the license, as certified by a licensed psychologist
1842
or psychiatrist;
1843
(c)
The applicant is actively addicted to or actively
1844
dependent on alcohol or other habit-forming drugs or is a habitual
1845
user of narcotics, barbiturates, amphetamines, hallucinogens or
1846
other drugs having similar effect, at the time of application for
1847
a license;
1848
1849
(d)
by another state;
1850
1851
(e)
Fraud or deceit committed by the applicant in
securing or attempting to secure such certification and license;
1852
1853
Revocation of an applicant's certificate or license
(f)
Failing or refusing to furnish reasonable evidence
of identification;
1854
(g)
The applicant has been convicted, has pled guilty
1855
or entered a plea of nolo contendere to a felony, as defined by
1856
federal or state law; or
1857
(h)
The applicant has been convicted, has pled guilty
1858
or entered a plea of nolo contendere to a sex offense as defined
1859
by federal or state law.
1860
(12)
The State Board of Education, acting on the
1861
recommendation of the commission, may revoke or suspend any
1862
teacher or administrator license for specified periods of time for
1863
one or more of the following:
1864
(a)
Breach of contract or abandonment of employment may
1865
result in the suspension of the license for one (1) school year as
1866
provided in Section 37-9-57;
S. B. No. 2602
06/SS02/R484.3
PAGE 55
*SS02/R484.3*
1867
(b)
Obtaining a license by fraudulent means shall
1868
result in immediate suspension and continued suspension for one
1869
(1) year after correction is made;
1870
(c)
Suspension or revocation of a certificate or
1871
license by another state shall result in immediate suspension or
1872
revocation and shall continue until records in the prior state
1873
have been cleared;
1874
(d)
The license holder has been convicted, has pled
1875
guilty or entered a plea of nolo contendere to a felony, as
1876
defined by federal or state law;
1877
(e)
The license holder has been convicted, has pled
1878
guilty or entered a plea of nolo contendere to a sex offense, as
1879
defined by federal or state law; or
1880
(f)
The license holder knowingly and willfully
1881
committing any of the acts affecting validity of mandatory uniform
1882
test results as provided in Section 37-16-4(1).
1883
(13)
(a)
Dismissal or suspension of a licensed employee by
1884
a local school board pursuant to Section 37-9-59 may result in the
1885
suspension or revocation of a license for a length of time which
1886
shall be determined by the commission and based upon the severity
1887
of the offense.
1888
(b)
Any offense committed or attempted in any other
1889
state shall result in the same penalty as if committed or
1890
attempted in this state.
1891
(c)
A person may voluntarily surrender a license.
The
1892
surrender of such license may result in the commission
1893
recommending any of the above penalties without the necessity of a
1894
hearing.
1895
surrendered by a licensed employee may only be reinstated by a
1896
majority vote of all members of the commission present at the
1897
meeting called for such purpose.
1898
1899
(14)
However, any such license which has voluntarily been
A person whose license has been suspended on any
grounds except criminal grounds may petition for reinstatement of
S. B. No. 2602
06/SS02/R484.3
PAGE 56
*SS02/R484.3*
1900
the license after one (1) year from the date of suspension, or
1901
after one-half (1/2) of the suspended time has lapsed, whichever
1902
is greater.
1903
grounds may be reinstated upon petition to the commission filed
1904
after expiration of the sentence and parole or probationary period
1905
imposed upon conviction.
1906
license may be reinstated upon satisfactory showing of evidence of
1907
rehabilitation.
1908
reinstatement to furnish evidence satisfactory to the commission
1909
of good character, good mental, emotional and physical health and
1910
such other evidence as the commission may deem necessary to
1911
establish the petitioner's rehabilitation and fitness to perform
1912
the duties authorized by the license.
1913
(15)
A license suspended or revoked on the criminal
A revoked, suspended or surrendered
The commission shall require all who petition for
Reporting procedures and hearing procedures for dealing
1914
with infractions under this section shall be promulgated by the
1915
commission, subject to the approval of the State Board of
1916
Education.
1917
effected at the time indicated on the notice of suspension or
1918
revocation.
1919
superintendent of the school district or school board where the
1920
teacher or administrator is employed of any disciplinary action
1921
and also notify the teacher or administrator of such revocation or
1922
suspension and shall maintain records of action taken.
1923
Board of Education may reverse or remand with instructions any
1924
decision of the commission regarding a petition for reinstatement
1925
of a license, and any such decision of the State Board of
1926
Education shall be final.
1927
(16)
The revocation or suspension of a license shall be
The commission shall immediately notify the
The State
An appeal from the action of the State Board of
1928
Education in denying an application, revoking or suspending a
1929
license or otherwise disciplining any person under the provisions
1930
of this section shall be filed in the Chancery Court of the First
1931
Judicial District of Hinds County on the record made, including a
1932
verbatim transcript of the testimony at the hearing.
S. B. No. 2602
06/SS02/R484.3
PAGE 57
*SS02/R484.3*
The appeal
1933
shall be filed within thirty (30) days after notification of the
1934
action of the board is mailed or served and the proceedings in
1935
chancery court shall be conducted as other matters coming before
1936
the court.
1937
the appeal and by the prepayment of all costs, including the cost
1938
of preparation of the record of the proceedings by the State Board
1939
of Education, and the filing of a bond in the sum of Two Hundred
1940
Dollars ($200.00) conditioned that if the action of the board be
1941
affirmed by the chancery court, the applicant or license holder
1942
shall pay the costs of the appeal and the action of the chancery
1943
court.
1944
(17)
The appeal shall be perfected upon filing notice of
All such programs, rules, regulations, standards and
1945
criteria recommended or authorized by the commission shall become
1946
effective upon approval by the State Board of Education as
1947
designated by appropriate orders entered upon the minutes thereof.
1948
(18)
The granting of a license shall not be deemed a
1949
property right nor a guarantee of employment in any public school
1950
district.
1951
for teaching in the public schools of Mississippi.
1952
shall in no way alter or abridge the authority of local school
1953
districts to require greater qualifications or standards of
1954
performance as a prerequisite of initial or continued employment
1955
in such districts.
1956
(19)
A license is a privilege indicating minimal eligibility
This section
In addition to the reasons specified in subsections
1957
(12) and (13) of this section, the board shall be authorized to
1958
suspend the license of any licensee for being out of compliance
1959
with an order for support, as defined in Section 93-11-153.
1960
procedure for suspension of a license for being out of compliance
1961
with an order for support, and the procedure for the reissuance or
1962
reinstatement of a license suspended for that purpose, and the
1963
payment of any fees for the reissuance or reinstatement of a
1964
license suspended for that purpose, shall be governed by Section
1965
93-11-157 or 93-11-163, as the case may be.
S. B. No. 2602
06/SS02/R484.3
PAGE 58
*SS02/R484.3*
The
Actions taken by the
1966
board in suspending a license when required by Section 93-11-157
1967
or 93-11-163 are not actions from which an appeal may be taken
1968
under this section.
1969
required by Section 93-11-157 or 93-11-163 shall be taken in
1970
accordance with the appeal procedure specified in Section
1971
93-11-157 or 93-11-163, as the case may be, rather than the
1972
procedure specified in this section.
1973
between any provision of Section 93-11-157 or 93-11-163 and any
1974
provision of this chapter, the provisions of Section 93-11-157 or
1975
93-11-163, as the case may be, shall control.
1976
SECTION 9.
Any appeal of a license suspension that is
If there is any conflict
1977
amended as follows:
1978
37-11-55.
The local school board shall adopt and make
1979
available to all teachers, school personnel, students and parents
1980
or guardians, at the beginning of each school year, a code of
1981
student conduct developed in consultation with teachers, school
1982
personnel, students and parents or guardians.
1983
based on the rules governing student conduct and discipline
1984
adopted by the school board and shall be made available at the
1985
school level in the student handbook or similar publication.
1986
code shall include, but not be limited to:
1987
1988
1989
(a)
The code shall be
The
Specific grounds for disciplinary action under the
school district's discipline plan;
(b)
Procedures to be followed for acts requiring
1990
discipline, including suspensions and expulsion, which comply with
1991
due process requirements;
1992
(c)
An explanation of the responsibilities and rights
1993
of students with regard to:
1994
property; knowledge and observation of rules of conduct; free
1995
speech and student publications; assembly; privacy; and
1996
participation in school programs and activities;
1997
1998
(d)
attendance; respect for persons and
Policies and procedures recognizing the teacher as
the authority in classroom matters, and supporting that teacher in
S. B. No. 2602
06/SS02/R484.3
PAGE 59
*SS02/R484.3*
1999
any decision in compliance with the written discipline code of
2000
conduct.
2001
to remove from the classroom any student who, in the professional
2002
judgment of the teacher, is disrupting the learning environment,
2003
to the office of the principal or assistant principal.
2004
principal or assistant principal shall determine the proper
2005
placement for the student, who may not be returned to the
2006
classroom until a conference of some kind has been held with the
2007
parent, guardian or custodian during which the disrupting behavior
2008
is discussed and agreements are reached that no further disruption
2009
will be tolerated; * * *
2010
2011
Such recognition shall include the right of the teacher
(e)
The
Establishment of the Disciplinary Action Review
Board in every publicly-funded school in the State of Mississippi:
2012
(i)
In the event a principal, or other designated
2013
disciplinarian, makes a decision to readmit a student to a
2014
teacher's classroom and the teacher objects, the teacher, as the
2015
classroom authority, has the right to appeal the principal's
2016
decision to the Disciplinary Action Review Board.
2017
(ii)
2018
Members shall be appointed as follows:
1.
The school's faculty shall choose two (2)
2019
teachers to serve as members and one (1) teacher to serve as an
2020
alternate member; and
2021
2022
2.
The school's principal shall choose one
3.
The teacher objecting to the student's
(1) faculty member;
2023
2024
readmission may not serve on the Student Disciplinary Review
2025
Board.
2026
(iii)
Students whose readmission is objected to by
2027
the disciplining teacher may be temporarily reassigned to another
2028
classroom, placed in an in-school suspension, or any other
2029
available option at the discretion of the designated
2030
disciplinarian until the Student Disciplinary Review Board can
2031
meet to hear the case.
S. B. No. 2602
06/SS02/R484.3
PAGE 60
*SS02/R484.3*
2032
(iv)
All cases shall be heard within three (3)
2033
school days of the designated disciplinarian's decision to readmit
2034
the student over the disciplining teacher's objections.
2035
(v)
The committee's placement determination
2036
regarding a student with a disability who receives special
2037
education services is subject to the requirements of the
2038
Individuals with Disabilities Education Act and federal
2039
regulations, state statutes, and agency requirements necessary to
2040
carry out federal law or regulations or state law relating to
2041
special education;
2042
(f)
Policies and procedures for dealing with a student
2043
who causes a disruption in the classroom, on school property or
2044
vehicles, or at school-related activities;
2045
(g)
Procedures for the development of behavior
2046
modification plans by the school principal, reporting teacher and
2047
student's parent for a student who causes a disruption in the
2048
classroom, on school property or vehicles, or at school-related
2049
activities for a second time during the school year; and
2050
(h)
Policies and procedures specifically concerning
2051
gang-related activities in the school, on school property or
2052
vehicles, or at school-related activities.
2053
SECTION 10.
2054
amended as follows:
2055
37-13-89.
(1)
In each school district within the state,
2056
there shall be employed the number of school attendance officers
2057
determined by the Office of Compulsory School Attendance
2058
Enforcement to be necessary to adequately enforce the provisions
2059
of the Mississippi Compulsory School Attendance Law; however, this
2060
number shall not exceed one hundred fifty-three (153) school
2061
attendance officers at any time.
2062
school attendance officers employed pursuant to this section shall
2063
be employees of the State Department of Education.
2064
Department of Education shall employ all persons employed as
S. B. No. 2602
06/SS02/R484.3
PAGE 61
*SS02/R484.3*
From and after July 1, 1998, all
The State
2065
school attendance officers by district attorneys before July 1,
2066
1998, and shall assign them to school attendance responsibilities
2067
in the school district in which they were employed before July 1,
2068
1998.
2069
attendance officer shall be the probationary period of state
2070
service.
2071
(2)
The first twelve (12) months of employment for each school
(a)
The State Department of Education shall obtain
2072
current criminal records background checks and current child abuse
2073
registry checks on all persons applying for the position of school
2074
attendance officer after July 2, 2002.
2075
information and registry checks must be kept on file for any new
2076
hires.
2077
employment as a school attendance officer, the applicant must be
2078
fingerprinted.
2079
state level, the Department of Public Safety shall forward the
2080
fingerprints to the Federal Bureau of Investigation (FBI) for a
2081
national criminal history record check.
2082
the fee, not to exceed Fifty Dollars ($50.00), for the
2083
fingerprinting and criminal records background check; however, the
2084
State Department of Education, in its discretion, may pay the fee
2085
for the fingerprinting and criminal records background check on
2086
behalf of any applicant.
2087
the State Board of Education, employee of the State Department of
2088
Education or any person other than the subject of the criminal
2089
records background check disseminate information received through
2090
any such checks except insofar as required to fulfill the purposes
2091
of this subsection.
2092
The criminal records
In order to determine an applicant's suitability for
(b)
If no disqualifying record is identified at the
The applicant shall pay
Under no circumstances may a member of
If the fingerprinting or criminal records check
2093
discloses a felony conviction, guilty plea or plea of nolo
2094
contendere to a felony of possession or sale of drugs, murder,
2095
manslaughter, armed robbery, rape, sexual battery, sex offense
2096
listed in Section 45-33-23(g), child abuse, arson, grand larceny,
2097
burglary, gratification of lust or aggravated assault which has
S. B. No. 2602
06/SS02/R484.3
PAGE 62
*SS02/R484.3*
2098
not been reversed on appeal or for which a pardon has not been
2099
granted, the applicant is not eligible to be employed as a school
2100
attendance officer.
2101
results of the fingerprinting and criminal records check is
2102
voidable if the new hire receives a disqualifying criminal records
2103
check.
2104
may allow an applicant aggrieved by an employment decision under
2105
this subsection to appear before the board, or before a hearing
2106
officer designated for that purpose, to show mitigating
2107
circumstances that may exist and allow the new hire to be employed
2108
as a school attendance officer.
2109
grant waivers for mitigating circumstances, which may include, but
2110
are not necessarily limited to:
2111
committed; (ii) circumstances surrounding the crime; (iii) length
2112
of time since the conviction and criminal history since the
2113
conviction; (iv) work history; (v) current employment and
2114
character references; and (vi) other evidence demonstrating the
2115
ability of the person to perform the responsibilities of a school
2116
attendance officer competently and that the person does not pose a
2117
threat to the health or safety of children.
2118
Any employment of an applicant pending the
However, the State Board of Education, in its discretion,
(c)
The State Board of Education may
(i) age at which the crime was
A member of the State Board of Education or
2119
employee of the State Department of Education may not be held
2120
liable in any employment discrimination suit in which an
2121
allegation of discrimination is made regarding an employment
2122
decision authorized under this section.
2123
(3)
Each school attendance officer shall possess a college
2124
degree with a major in a behavioral science or a related field or
2125
shall have no less than three (3) years combined actual experience
2126
as a school teacher, school administrator, law enforcement officer
2127
possessing such degree, and/or social worker; however, these
2128
requirements shall not apply to persons employed as school
2129
attendance officers before January 1, 1987.
2130
officers also shall satisfy any additional requirements that may
S. B. No. 2602
06/SS02/R484.3
PAGE 63
*SS02/R484.3*
School attendance
2131
be established by the State Personnel Board for the position of
2132
school attendance officer.
2133
2134
(4)
It shall be the duty of each school attendance officer
to:
2135
(a)
Cooperate with any public agency to locate and
2136
identify all compulsory-school-age children who are not attending
2137
school;
2138
(b)
2139
jurisdiction;
2140
(c)
Cooperate with all courts of competent
Investigate all cases of nonattendance and unlawful
2141
absences by compulsory-school-age children not enrolled in a
2142
nonpublic school;
2143
(d)
Provide appropriate counseling to encourage all
2144
school-age children to attend school until they have completed
2145
high school;
2146
(e)
Attempt to secure the provision of social or
2147
welfare services that may be required to enable any child to
2148
attend school;
2149
(f)
Contact the home or place of residence of a
2150
compulsory-school-age child and any other place in which the
2151
officer is likely to find any compulsory-school-age child when the
2152
child is absent from school during school hours without a valid
2153
written excuse from school officials, and when the child is found,
2154
the officer shall notify the parents and school officials as to
2155
where the child was physically located;
2156
(g)
Contact promptly the home of each
2157
compulsory-school-age child in the school district within the
2158
officer's jurisdiction who is not enrolled in school or is not in
2159
attendance at public school and is without a valid written excuse
2160
from school officials; if no valid reason is found for the
2161
nonenrollment or absence from the school, the school attendance
2162
officer shall give written notice to the parent, guardian or
S. B. No. 2602
06/SS02/R484.3
PAGE 64
*SS02/R484.3*
2163
custodian of the requirement for the child's enrollment or
2164
attendance;
2165
(h)
Collect and maintain information concerning
2166
absenteeism, dropouts and other attendance-related problems, as
2167
may be required by law or the Office of Compulsory School
2168
Attendance Enforcement; * * *
2169
(i)
Report to the local school district superintendent
2170
and the school principal the name of any child between the ages of
2171
fifteen (15) and seventeen (17) who has accumulated twelve (12)
2172
unlawful absences in a single school year; and
2173
(j)
Perform all other duties relating to compulsory
2174
school attendance established by the State Department of Education
2175
or district school attendance supervisor, or both.
2176
(5)
While engaged in the performance of his duties, each
2177
school attendance officer shall carry on his person a badge
2178
identifying him as a school attendance officer under the Office of
2179
Compulsory School Attendance Enforcement of the State Department
2180
of Education and an identification card designed by the State
2181
Superintendent of Public Education and issued by the school
2182
attendance officer supervisor.
2183
identification card shall bear the name of any elected public
2184
official.
2185
(6)
Neither the badge nor the
The State Personnel Board shall develop a salary scale
2186
for school attendance officers as part of the variable
2187
compensation plan.
2188
shall be based upon factors including, but not limited to,
2189
education, professional certification and licensure, and number of
2190
years of experience.
2191
accordance with this salary scale.
2192
scale shall be no less than the following:
2193
(a)
The various pay ranges of the salary scale
School attendance officers shall be paid in
The minimum salaries under the
For school attendance officers holding a bachelor's
2194
degree or any other attendance officer who does not hold such a
2195
degree, the annual salary shall be based on years of experience as
S. B. No. 2602
06/SS02/R484.3
PAGE 65
*SS02/R484.3*
2196
a school attendance officer or related field of service or
2197
employment, no less than as follows:
2198
Years of Experience
Salary
2199
0 - 4 years
$19,650.00
2200
5 - 8 years
21,550.00
2201
9 - 12 years
23,070.00
2202
13 - 16 years
24,590.00
2203
Over 17 years
26,110.00
2204
(b)
For school attendance officers holding a license as
2205
a social worker, the annual salary shall be based on years of
2206
experience as a school attendance officer or related field of
2207
service or employment, no less than as follows:
2208
Years of Experience
Salary
2209
0 - 4 years
$20,650.00
2210
5 - 8 years
22,950.00
2211
9 - 12 years
24,790.00
2212
13 - 16 years
26,630.00
2213
17 - 20 years
28,470.00
2214
Over 21 years
30,310.00
2215
(c)
For school attendance officers holding a master's
2216
degree in a behavioral science or a related field, the annual
2217
salary shall be based on years of experience as a school
2218
attendance officer or related field of service or employment, no
2219
less than as follows:
2220
Years of Experience
Salary
2221
0 - 4 years
$21,450.00
2222
5 - 8 years
24,000.00
2223
9 - 12 years
26,040.00
2224
13 - 16 years
28,080.00
2225
17 - 20 years
30,120.00
2226
Over 21 years
32,160.00
2227
2228
(7)
(a)
Each school attendance officer employed by a
district attorney on June 30, 1998, who became an employee of the
S. B. No. 2602
06/SS02/R484.3
PAGE 66
*SS02/R484.3*
2229
State Department of Education on July 1, 1998, shall be awarded
2230
credit for personal leave and major medical leave for his
2231
continuous service as a school attendance officer under the
2232
district attorney, and if applicable, the youth or family court or
2233
a state agency.
2234
amount equal to one-third (1/3) of the maximum personal leave the
2235
school attendance officer could have accumulated had he been
2236
credited with such leave under Section 25-3-93 during his
2237
employment with the district attorney, and if applicable, the
2238
youth or family court or a state agency.
2239
medical leave shall be in an amount equal to one-half (1/2) of the
2240
maximum major medical leave the school attendance officer could
2241
have accumulated had he been credited with such leave under
2242
Section 25-3-95 during his employment with the district attorney,
2243
and if applicable, the youth or family court or a state agency.
2244
However, if a district attorney who employed a school attendance
2245
officer on June 30, 1998, certifies, in writing, to the State
2246
Department of Education that the school attendance officer had
2247
accumulated, pursuant to a personal leave policy or major medical
2248
leave policy lawfully adopted by the district attorney, a number
2249
of days of unused personal leave or major medical leave, or both,
2250
which is greater than the number of days to which the school
2251
attendance officer is entitled under this paragraph, the State
2252
Department of Education shall authorize the school attendance
2253
officer to retain the actual unused personal leave or major
2254
medical leave, or both, certified by the district attorney,
2255
subject to the maximum amount of personal leave and major medical
2256
leave the school attendance officer could have accumulated had he
2257
been credited with such leave under Sections 25-3-93 and 25-3-95.
2258
(b)
The credit for personal leave shall be in an
The credit for major
For the purpose of determining the accrual rate for
2259
personal leave under Section 25-3-93 and major medical leave under
2260
Section 25-3-95, the State Department of Education shall give
2261
consideration to all continuous service rendered by a school
S. B. No. 2602
06/SS02/R484.3
PAGE 67
*SS02/R484.3*
2262
attendance officer before July 1, 1998, in addition to the service
2263
rendered by the school attendance officer as an employee of the
2264
department.
2265
(c)
In order for a school attendance officer to be
2266
awarded credit for personal leave and major medical leave or to
2267
retain the actual unused personal leave and major medical leave
2268
accumulated by him before July 1, 1998, the district attorney who
2269
employed the school attendance officer must certify, in writing,
2270
to the State Department of Education the hire date of the school
2271
attendance officer.
2272
by the youth or family court or a state agency before being
2273
designated an employee of the district attorney who has not had a
2274
break in continuous service, the hire date shall be the date that
2275
the school attendance officer was hired by the youth or family
2276
court or state agency.
2277
which the certification must be received by the department and
2278
shall provide written notice to all district attorneys of the
2279
certification requirement and the date by which the certification
2280
must be received.
2281
(8)
(a)
For each school attendance officer employed
The department shall prescribe the date by
School attendance officers shall maintain regular
2282
office hours on a year-round basis; however, during the school
2283
term, on those days that teachers in all of the school districts
2284
served by a school attendance officer are not required to report
2285
to work, the school attendance officer also shall not be required
2286
to report to work.
2287
district's school term is that period of time identified as the
2288
school term in contracts entered into by the district with
2289
licensed personnel.)
2290
required to report to work on any day recognized as an official
2291
state holiday if teachers in any school district served by that
2292
school attendance officer are required to report to work on that
2293
day, regardless of the school attendance officer's status as an
2294
employee of the State Department of Education, and compensatory
S. B. No. 2602
06/SS02/R484.3
PAGE 68
(For purposes of this subsection, a school
A school attendance officer shall be
*SS02/R484.3*
2295
leave may not be awarded to the school attendance officer for
2296
working during that day.
2297
be allowed by the school attendance officer's supervisor to use
2298
earned leave on such days.
2299
(b)
However, a school attendance officer may
The State Department of Education annually shall
2300
designate a period of two (2) consecutive weeks in the summer
2301
between school years during which school attendance officers shall
2302
not be required to report to work.
2303
who elects to work at any time during that period may not be
2304
awarded compensatory leave for such work and may not opt to be
2305
absent from work at any time other than during the two (2) weeks
2306
designated by the department unless the school attendance officer
2307
uses personal leave or major medical leave accrued under Section
2308
25-3-93 or 25-3-95 for such absence.
2309
(9)
A school attendance officer
The State Department of Education shall provide all
2310
continuing education and training courses that school attendance
2311
officers are required to complete under state law or rules and
2312
regulations of the department.
2313
SECTION 11.
2314
amended as follows:
2315
37-13-91.
2316
2317
2318
(1)
This section shall be referred to as the
"Mississippi Compulsory School Attendance Law."
(2)
The following terms as used in this section are defined
as follows:
2319
(a)
"Parent" means the father or mother to whom a child
2320
has been born, or the father or mother by whom a child has been
2321
legally adopted.
2322
(b)
"Guardian" means a guardian of the person of a
2323
child, other than a parent, who is legally appointed by a court of
2324
competent jurisdiction.
2325
(c)
"Custodian" means any person having the present
2326
care or custody of a child, other than a parent or guardian of the
2327
child.
S. B. No. 2602
06/SS02/R484.3
PAGE 69
*SS02/R484.3*
2328
(d)
"School day" means not less than five (5) and not
2329
more than eight (8) hours of actual teaching in which both
2330
teachers and pupils are in regular attendance for scheduled
2331
schoolwork.
2332
(e)
"School" means any public school in this state or
2333
any nonpublic school in this state which is in session each school
2334
year for at least one hundred eighty (180) school days, except
2335
that the "nonpublic" school term shall be the number of days that
2336
each school shall require for promotion from grade to grade.
2337
(f)
"Compulsory-school-age child" means a child who has
2338
attained or will attain the age of six (6) years on or before
2339
September 1 of the calendar year and who has not attained the age
2340
of seventeen (17) years on or before September 1 of the calendar
2341
year; and shall include any child who has attained or will attain
2342
the age of five (5) years on or before September 1 and has
2343
enrolled in a full-day public school kindergarten program.
2344
Provided, however, that the parent or guardian of any child
2345
enrolled in a full-day public school kindergarten program shall be
2346
allowed to disenroll the child from the program on a one-time
2347
basis, and such child shall not be deemed a compulsory-school-age
2348
child until the child attains the age of six (6) years.
2349
2350
2351
(g)
"School attendance officer" means a person employed
by the State Department of Education pursuant to Section 37-13-89.
(h)
"Appropriate school official" means the
2352
superintendent of the school district, or his designee, or, in the
2353
case of a nonpublic school, the principal or the headmaster.
2354
(i)
"Nonpublic school" means an institution for the
2355
teaching of children, consisting of a physical plant, whether
2356
owned or leased, including a home, instructional staff members and
2357
students, and which is in session each school year.
2358
definition shall include, but not be limited to, private, church,
2359
parochial and home instruction programs.
S. B. No. 2602
06/SS02/R484.3
PAGE 70
*SS02/R484.3*
This
2360
(3)
A parent, guardian or custodian of a
2361
compulsory-school-age child in this state shall cause the child to
2362
enroll in and attend a public school or legitimate nonpublic
2363
school for the period of time that the child is of compulsory
2364
school age, except under the following circumstances:
2365
(a)
When a compulsory-school-age child is physically,
2366
mentally or emotionally incapable of attending school as
2367
determined by the appropriate school official based upon
2368
sufficient medical documentation.
2369
(b)
When a compulsory-school-age child is enrolled in
2370
and pursuing a course of special education, remedial education or
2371
education for handicapped or physically or mentally disadvantaged
2372
children.
2373
2374
2375
(c)
When a compulsory-school-age child is being
educated in a legitimate home instruction program.
The parent, guardian or custodian of a compulsory-school-age
2376
child described in this subsection, or the parent, guardian or
2377
custodian of a compulsory-school-age child attending any nonpublic
2378
school, or the appropriate school official for any or all children
2379
attending a nonpublic school shall complete a "certificate of
2380
enrollment" in order to facilitate the administration of this
2381
section.
2382
The form of the certificate of enrollment shall be prepared
2383
by the Office of Compulsory School Attendance Enforcement of the
2384
State Department of Education and shall be designed to obtain the
2385
following information only:
2386
2387
(i)
of birth of the compulsory-school-age child;
2388
2389
(ii)
The name, address and telephone number of the
parent, guardian or custodian of the compulsory-school-age child;
2390
2391
The name, address, telephone number and date
(iii)
A simple description of the type of
education the compulsory-school-age child is receiving and, if the
S. B. No. 2602
06/SS02/R484.3
PAGE 71
*SS02/R484.3*
2392
child is enrolled in a nonpublic school, the name and address of
2393
the school; and
2394
(iv)
The signature of the parent, guardian or
2395
custodian of the compulsory-school-age child or, for any or all
2396
compulsory-school-age child or children attending a nonpublic
2397
school, the signature of the appropriate school official and the
2398
date signed.
2399
The certificate of enrollment shall be returned to the school
2400
attendance officer where the child resides on or before September
2401
15 of each year.
2402
school attendance officer to be in noncompliance with this section
2403
shall comply, after written notice of the noncompliance by the
2404
school attendance officer, with this subsection within ten (10)
2405
days after the notice or be in violation of this section.
2406
However, in the event the child has been enrolled in a public
2407
school within fifteen (15) calendar days after the first day of
2408
the school year as required in subsection (6), the parent or
2409
custodian may, at a later date, enroll the child in a legitimate
2410
nonpublic school or legitimate home instruction program and send
2411
the certificate of enrollment to the school attendance officer and
2412
be in compliance with this subsection.
Any parent, guardian or custodian found by the
2413
For the purposes of this subsection, a legitimate nonpublic
2414
school or legitimate home instruction program shall be those not
2415
operated or instituted for the purpose of avoiding or
2416
circumventing the compulsory attendance law.
2417
(4)
An "unlawful absence" is an absence during a school day
2418
by a compulsory-school-age child, which absence is not due to a
2419
valid excuse for temporary nonattendance.
2420
due to disciplinary suspension shall not be considered an
2421
"excused" absence under this section.
2422
apply to children enrolled in a nonpublic school.
2423
2424
Days missed from school
Each of the following shall constitute a valid excuse for
temporary nonattendance of a compulsory-school-age child enrolled
S. B. No. 2602
06/SS02/R484.3
PAGE 72
*SS02/R484.3*
2425
in a public school, provided satisfactory evidence of the excuse
2426
is provided to the superintendent of the school district, or his
2427
designee:
2428
(a)
An absence is excused when the absence results from
2429
the compulsory-school-age child's attendance at an authorized
2430
school activity with the prior approval of the superintendent of
2431
the school district, or his designee.
2432
include field trips, athletic contests, student conventions,
2433
musical festivals and any similar activity.
2434
(b)
These activities may
An absence is excused when the absence results from
2435
illness or injury which prevents the compulsory-school-age child
2436
from being physically able to attend school.
2437
(c)
An absence is excused when isolation of a
2438
compulsory-school-age child is ordered by the county health
2439
officer, by the State Board of Health or appropriate school
2440
official.
2441
(d)
An absence is excused when it results from the
2442
death or serious illness of a member of the immediate family of a
2443
compulsory-school-age child.
2444
compulsory-school-age child shall include children, spouse,
2445
grandparents, parents, brothers and sisters, including
2446
stepbrothers and stepsisters.
2447
(e)
The immediate family members of a
An absence is excused when it results from a
2448
medical or dental appointment of a compulsory-school-age child
2449
where an approval of the superintendent of the school district, or
2450
his designee, is gained before the absence, except in the case of
2451
emergency.
2452
(f)
An absence is excused when it results from the
2453
attendance of a compulsory-school-age child at the proceedings of
2454
a court or an administrative tribunal if the child is a party to
2455
the action or under subpoena as a witness.
2456
2457
(g)
An absence may be excused if the religion to which
the compulsory-school-age child or the child's parents adheres,
S. B. No. 2602
06/SS02/R484.3
PAGE 73
*SS02/R484.3*
2458
requires or suggests the observance of a religious event.
2459
approval of the absence is within the discretion of the
2460
superintendent of the school district, or his designee, but
2461
approval should be granted unless the religion's observance is of
2462
such duration as to interfere with the education of the child.
2463
(h)
The
An absence may be excused when it is demonstrated
2464
to the satisfaction of the superintendent of the school district,
2465
or his designee, that the purpose of the absence is to take
2466
advantage of a valid educational opportunity such as travel,
2467
including vacations or other family travel.
2468
absence must be gained from the superintendent of the school
2469
district, or his designee, before the absence, but the approval
2470
shall not be unreasonably withheld.
2471
(i)
Approval of the
An absence may be excused when it is demonstrated
2472
to the satisfaction of the superintendent of the school district,
2473
or his designee, that conditions are sufficient to warrant the
2474
compulsory-school-age child's nonattendance.
2475
shall be excused by the school district superintendent, or his
2476
designee, when any student suspensions or expulsions circumvent
2477
the intent and spirit of the compulsory attendance law.
2478
(5)
However, no absences
Any parent, guardian or custodian of a
2479
compulsory-school-age child subject to this section who refuses or
2480
willfully fails to perform any of the duties imposed upon him or
2481
her under this section or who intentionally falsifies any
2482
information required to be contained in a certificate of
2483
enrollment, shall be guilty of contributing to the neglect of a
2484
child and, upon conviction, shall be punished in accordance with
2485
Section 97-5-39.
2486
Upon prosecution of a parent, guardian or custodian of a
2487
compulsory-school-age child for violation of this section, the
2488
presentation of evidence by the prosecutor that shows that the
2489
child has not been enrolled in school within eighteen (18)
2490
calendar days after the first day of the school year of the public
S. B. No. 2602
06/SS02/R484.3
PAGE 74
*SS02/R484.3*
2491
school which the child is eligible to attend, or that the child
2492
has accumulated twelve (12) unlawful absences during the school
2493
year at the public school in which the child has been enrolled,
2494
shall establish a prima facie case that the child's parent,
2495
guardian or custodian is responsible for the absences and has
2496
refused or willfully failed to perform the duties imposed upon him
2497
or her under this section.
2498
section shall be brought against a parent, guardian or custodian
2499
of a compulsory-school-age child unless the school attendance
2500
officer has contacted promptly the home of the child and has
2501
provided written notice to the parent, guardian or custodian of
2502
the requirement for the child's enrollment or attendance.
2503
(6)
However, no proceedings under this
If a compulsory-school-age child has not been enrolled
2504
in a school within fifteen (15) calendar days after the first day
2505
of the school year of the school which the child is eligible to
2506
attend or the child has accumulated five (5) unlawful absences
2507
during the school year of the public school in which the child is
2508
enrolled, the school district superintendent shall report, within
2509
two (2) school days or within five (5) calendar days, whichever is
2510
less, the absences to the school attendance officer.
2511
Department of Education shall prescribe a uniform method for
2512
schools to utilize in reporting the unlawful absences to the
2513
school attendance officer.
2514
any child who has accumulated twelve (12) unlawful absences in a
2515
single school year to the Commissioner of Public Safety for
2516
driver's license suspension pursuant to Section 63-1-10.
2517
superintendent, or his designee, also shall report any student
2518
suspensions or student expulsions to the school attendance officer
2519
when they occur.
2520
(7)
The State
The superintendent shall also report
The
When a school attendance officer has made all attempts
2521
to secure enrollment and/or attendance of a compulsory-school-age
2522
child and is unable to effect the enrollment and/or attendance,
2523
the attendance officer shall file a petition with the youth court
S. B. No. 2602
06/SS02/R484.3
PAGE 75
*SS02/R484.3*
2524
under Section 43-21-451 or shall file a petition in a court of
2525
competent jurisdiction as it pertains to parent or child.
2526
Sheriffs, deputy sheriffs and municipal law enforcement officers
2527
shall be fully authorized to investigate all cases of
2528
nonattendance and unlawful absences by compulsory-school-age
2529
children, and shall be authorized to file a petition with the
2530
youth court under Section 43-21-451 or file a petition or
2531
information in the court of competent jurisdiction as it pertains
2532
to parent or child for violation of this section.
2533
shall expedite a hearing to make an appropriate adjudication and a
2534
disposition to ensure compliance with the Compulsory School
2535
Attendance Law, and may order the child to enroll or re-enroll in
2536
school.
2537
child is ordered may assign, in his discretion, the child to the
2538
alternative school program of the school established pursuant to
2539
Section 37-13-92.
2540
a child who fails to attend school by taking and keeping it in
2541
custody of the court for not more than one (1) year, and shall
2542
also notify the Commissioner of Public Safety of the suspension.
2543
(8)
The youth court
The superintendent of the school district to which the
The court shall suspend the driver's license of
The State Board of Education shall adopt rules and
2544
regulations for the purpose of reprimanding any school
2545
superintendents who fail to timely report unexcused absences under
2546
the provisions of this section.
2547
(9)
Notwithstanding any provision or implication herein to
2548
the contrary, it is not the intention of this section to impair
2549
the primary right and the obligation of the parent or parents, or
2550
person or persons in loco parentis to a child, to choose the
2551
proper education and training for such child, and nothing in this
2552
section shall ever be construed to grant, by implication or
2553
otherwise, to the State of Mississippi, any of its officers,
2554
agencies or subdivisions any right or authority to control,
2555
manage, supervise or make any suggestion as to the control,
2556
management or supervision of any private or parochial school or
S. B. No. 2602
06/SS02/R484.3
PAGE 76
*SS02/R484.3*
2557
institution for the education or training of children, of any kind
2558
whatsoever that is not a public school according to the laws of
2559
this state; and this section shall never be construed so as to
2560
grant, by implication or otherwise, any right or authority to any
2561
state agency or other entity to control, manage, supervise,
2562
provide for or affect the operation, management, program,
2563
curriculum, admissions policy or discipline of any such school or
2564
home instruction program.
2565
2566
2567
SECTION 12.
amended as follows:
43-21-621.
(1)
The youth court may, in compliance with the
2568
laws governing education of children, order any state-supported
2569
public school in its jurisdiction after notice and hearing to
2570
enroll or re-enroll any compulsory-school-age child in school, and
2571
further order appropriate educational services.
2572
however, that the youth court shall not order the enrollment or
2573
reenrollment of a student who has been suspended or expelled by a
2574
public school pursuant to Section 37-9-71 or 37-7-301 for
2575
possession of a weapon on school grounds, for an offense involving
2576
a threat to the safety of other persons or for the commission of a
2577
violent act.
2578
any action which results in death or physical harm to another or
2579
an attempt to cause death or physical harm to another.
2580
superintendent of the school district to which such child is
2581
ordered may, in his discretion, assign such child to the
2582
alternative school program of such school established pursuant to
2583
Section 37-13-92, Mississippi Code of 1972.
2584
jurisdiction to enforce school and education laws.
2585
this section shall be construed to affect the attendance of a
2586
child in a legitimate home instruction program.
2587
(2)
Provided,
For the purpose of this section "violent act" means
The
The court shall have
Nothing in
The youth court may specify the following conditions of
2588
probation related to any juvenile ordered to enroll or re-enroll
2589
in school:
That the juvenile maintain passing grades in up to
S. B. No. 2602
06/SS02/R484.3
PAGE 77
*SS02/R484.3*
2590
four (4) courses during each grading period and meet with the
2591
court counselor and a representative of the school to make a plan
2592
for how to maintain those passing grades.
2593
(3)
If the adjudication of delinquency was for an offense
2594
involving a threat to the safety of the juvenile or others and
2595
school attendance is a condition of probation, the youth court
2596
judge shall make a finding that the principal of the juvenile's
2597
school should be notified.
2598
be notified, the youth court counselor shall within five (5) days
2599
or before the juvenile begins to attend school, whichever occurs
2600
first, notify the principal of the juvenile's school in writing of
2601
the nature of the offense and the probation requirements related
2602
to school attendance.
2603
counselor shall handle the report according to the guidelines and
2604
rules adopted by the State Board of Education.
2605
(4)
If the judge orders that the principal
A principal notified by a juvenile court
The court shall suspend the child's driver's license by
2606
taking and keeping it in the custody of the court for not more
2607
than one (1) year, and shall also notify the Commissioner of
2608
Public Safety of the suspension.
2609
SECTION 13.
2610
amended as follows:
2611
63-1-10.
(1)
Any applicant for a license under eighteen
2612
(18) years of age must submit with the application documentation
2613
from the appropriate authority that the applicant is in compliance
2614
with Section 63-1-9(1)(g).
2615
school principal of a public or private school or his designee,
2616
or, in the case of a home study program, the parent, or the adult
2617
education supervisor of the General Education Development Program
2618
or his designee.
2619
status shall be on a form designed by the Department of Education
2620
as approved by the Department of Public Safety in a manner that
2621
insures the authenticity of the form and any information or
2622
signature contained thereon.
S. B. No. 2602
06/SS02/R484.3
PAGE 78
The appropriate authority shall be the
Documentation of the applicant's enrollment
Any student who is eligible to apply
*SS02/R484.3*
2623
for a license and who is properly enrolled in a school under the
2624
jurisdiction of the authority is entitled to receive the
2625
documentation for presentation to the Department of Public Safety
2626
to accompany the application.
2627
section to provide documentation shall be made available to public
2628
schools, private schools approved by the State Board of Elementary
2629
and Secondary Education, and adult education supervisors at school
2630
board offices and shall be made available to others through the
2631
Department of Public Safety.
2632
(2)
(a)
The forms required under this
Whenever an applicant who is under eighteen (18)
2633
years of age is unable to attend any school program due to
2634
acceptable circumstances, the appropriate authority where the
2635
student last attended shall provide the student with documentation
2636
to present to the department to excuse such student from the
2637
provisions of Section 63-1-9(1)(g).
2638
shall be the sole judge of whether withdrawal of a student or
2639
failure of a student to attend is due to acceptable circumstances.
2640
Suspension or expulsion from school or incarceration in a
2641
correctional institution is not an acceptable circumstance for a
2642
person being unable to attend school.
2643
(b)
The appropriate authority
Whenever a child who is under eighteen (18) years
2644
of age accumulates twelve (12) unlawful absences, that child's
2645
driver's license shall be suspended.
2646
(3)
Any person denied a license for failure to satisfy the
2647
education requirements of Section 63-1-9(1)(g) or whose license is
2648
suspended due to failure to attend school shall have the right to
2649
file a request within thirty (30) days thereafter for a hearing
2650
before the Department of Public Safety to determine whether the
2651
person is entitled to a license or is subject to the cancellation
2652
of his license under the provisions of this section.
2653
shall be held within ten (10) days of the receipt by the
2654
department of the request.
2655
department may be taken under Section 63-1-31.
S. B. No. 2602
06/SS02/R484.3
PAGE 79
The hearing
Appeal from the decision of the
*SS02/R484.3*
2656
SECTION 14.
2657
amended as follows:
2658
63-1-31.
When a person is denied a license or any temporary
2659
driving permit after filing the proper application, or when a
2660
child's driver's license is suspended due to failure to attend
2661
school, he shall have the right within sixty (60) days thereafter
2662
to file a petition, in the county circuit or chancery court in the
2663
county wherein such application was filed, praying for a hearing
2664
in the matter before the judge of the court in which such
2665
application is presented.
2666
vested with jurisdiction to hear such matters forthwith within
2667
term time or during vacation, upon five (5) days' written notice
2668
to the officer who refused to issue such license or any temporary
2669
driving permit.
2670
may suit the convenience of the court.
2671
petition, testimony may be taken, and the court shall render such
2672
judgment in the matter as it deems right and proper under the law
2673
and evidence.
2674
Such judge or chancellor is hereby
Said hearing shall be conducted at such place as
SECTION 15.
On the hearing of the
2675
amended as follows:
2676
63-1-51.
(1)
It shall be the duty of the trial judge, upon
2677
conviction of any person holding a license issued pursuant to this
2678
article where the penalty for a traffic violation is as much as
2679
Ten Dollars ($10.00), to mail a copy of abstract of the court
2680
record or provide an electronically or computer generated copy of
2681
abstract of the court record immediately to the commissioner at
2682
Jackson, Mississippi, showing the date of conviction, penalty,
2683
etc., so that a record of same may be made by the Department of
2684
Public Safety.
2685
license of any person for a period of one (1) year upon receiving
2686
a duly certified record of each person's convictions of any of the
2687
following offenses when such conviction has become final:
S. B. No. 2602
06/SS02/R484.3
PAGE 80
The commissioner shall forthwith revoke the
*SS02/R484.3*
2688
2689
(a)
the operation of a motor vehicle;
2690
2691
Manslaughter or negligent homicide resulting from
(b)
Any felony in the commission of which a motor
vehicle is used;
2692
(c)
Failure to stop and render aid as required under
2693
the laws of this state in event of a motor vehicle accident
2694
resulting in the death or personal injury of another;
2695
(d)
Perjury or the willful making of a false affidavit
2696
or statement under oath to the department under this article or
2697
under any other law relating to the ownership or operation of
2698
motor vehicles;
2699
(e)
Conviction, or forfeiture of bail not vacated, upon
2700
three (3) charges of reckless driving committed within a period of
2701
twelve (12) months;
2702
(f)
Contempt for failure to pay a fine or fee or to
2703
respond to a summons or citation pursuant to a charge of a
2704
violation of this title.
2705
(2)
The commissioner shall revoke the license issued
2706
pursuant to this article of any person convicted of negligent
2707
homicide, in addition to any penalty now provided by law.
2708
(3)
In addition to the reasons specified in this section,
2709
the commissioner shall be authorized to suspend the license issued
2710
to any person pursuant to this article for being out of compliance
2711
with an order for support, as defined in Section 93-11-153.
2712
procedure for suspension of a license for being out of compliance
2713
with an order for support, and the procedure for the reissuance or
2714
reinstatement of a license suspended for that purpose, and the
2715
payment of any fees for the reissuance or reinstatement of a
2716
license suspended for that purpose, shall be governed by Section
2717
93-11-157 or 93-11-163, as the case may be.
2718
conflict between any provision of Section 93-11-157 or 93-11-163
2719
and any provision of this article, the provisions of Section
2720
93-11-157 or 93-11-163, as the case may be, shall control.
S. B. No. 2602
06/SS02/R484.3
PAGE 81
*SS02/R484.3*
The
If there is any
2721
(4)
The Commissioner shall suspend the driver's license
2722
issued to a child when required under Section 63-1-10 for failure
2723
to attend school.
2724
SECTION 16.
2725
amended as follows:
2726
37-13-83.
The State Superintendent of Public Education shall
2727
appoint a director for the Office of Compulsory School Attendance
2728
Enforcement, who shall be an Associate State Superintendent of
2729
Education, and who shall meet all qualifications established for
2730
school attendance officer supervisors and any additional
2731
qualifications that may be established by the State Superintendent
2732
of Public Education or State Personnel Board.
2733
be responsible for the proper administration of the Office of
2734
Compulsory School Attendance Enforcement in conformity with the
2735
Mississippi Compulsory School Attendance Law, shall be responsible
2736
for student dropout prevention in the public schools and any other
2737
regulations or policies that may be adopted by the State Board of
2738
Education.
2739
SECTION 17.
The director shall
2740
amended as follows:
2741
37-13-85.
The Office of Compulsory School Attendance
2742
Enforcement shall have the following powers and duties, in
2743
addition to all others imposed or granted by law:
2744
(a)
To establish any policies or guidelines concerning
2745
the employment of school attendance officers which serve to
2746
effectuate a uniform system of enforcement under the Mississippi
2747
Compulsory School Attendance Law throughout the state, and to
2748
designate the number of school attendance officers which shall be
2749
employed to serve in each school district area;
2750
2751
2752
2753
(b)
To supervise and assist school attendance officer
supervisors in the performance of their duties;
(c)
To establish minimum standards for enrollment and
attendance for the state and each individual school district, and
S. B. No. 2602
06/SS02/R484.3
PAGE 82
*SS02/R484.3*
2754
to monitor the success of the state and districts in achieving the
2755
required levels of performance;
2756
(d)
To provide to school districts failing to meet the
2757
established standards for enrollment and attendance assistance in
2758
reducing absenteeism or the dropout rates in those districts;
2759
(e)
To establish any qualifications, in addition to
2760
those required under Section 37-13-89, for school attendance
2761
officers as the office deems necessary to further the purposes of
2762
the Mississippi Compulsory School Attendance Law;
2763
(f)
To develop and implement a system under which
2764
school districts are required to maintain accurate records that
2765
document enrollment and attendance in such a manner that the
2766
records reflect all changes in enrollment and attendance, and to
2767
require school attendance officers to submit information
2768
concerning public school attendance on a monthly basis to the
2769
office;
2770
(g)
To prepare the form of the certificate of
2771
enrollment required under the Mississippi Compulsory School
2772
Attendance Law and to furnish a sufficient number of the
2773
certificates of enrollment to each school attendance officer in
2774
the state;
2775
(h)
To publish a report each year on the work of school
2776
attendance officers in each school district concerning enforcement
2777
of the Mississippi Compulsory School Attendance Law.
2778
shall include:
2779
and reductions or increases in the school dropout rates;
2780
information describing attendance-related problems and proposed
2781
solutions for those problems; and any other information that the
2782
State Department of Education may require.
2783
submitted to the State Board of Education and the Education
2784
Committees of the Senate and House of Representatives before the
2785
first day of July for the immediately preceding school year;
S. B. No. 2602
06/SS02/R484.3
PAGE 83
The report
figures reflecting school attendance violations
*SS02/R484.3*
The report shall be
2786
(i)
To provide to the State Board of Education
2787
statistical information concerning absenteeism, dropouts and other
2788
attendance-related problems as requested by the State Board of
2789
Education;
2790
2791
(j)
To provide for the certification of school
attendance officers;
2792
(k)
To provide for a course of training and education
2793
for school attendance officers, and to require successful
2794
completion of the course as a prerequisite to certification by the
2795
office as school attendance officers;
2796
(l)
To adopt any guidelines or policies the office
2797
deems necessary to effectuate an orderly transition from the
2798
supervision of school attendance officers by district attorneys to
2799
the supervision by the school attendance officer supervisors;
2800
(m)
Beginning on July 1, 1998, to require school
2801
attendance officer supervisors to employ persons employed by
2802
district attorneys before July 1, 1998, as school attendance
2803
officers without requiring such persons to submit an application
2804
or interview for employment with the State Department of
2805
Education;
2806
(n)
To adopt policies or guidelines linking the duties
2807
of school attendance officers to the appropriate courts, law
2808
enforcement agencies and community service providers; * * *
2809
(o)
To adopt any other policies or guidelines that the
2810
office deems necessary for the enforcement of the Mississippi
2811
Compulsory School Attendance Law; however, the policies or
2812
guidelines shall not add to or contradict with the requirements of
2813
Section 37-13-91;
2814
(p)
To be responsible for the administration of a
2815
statewide dropout prevention program in the public schools of the
2816
state; and
S. B. No. 2602
06/SS02/R484.3
PAGE 84
*SS02/R484.3*
2817
(q)
To provide a written report on the following issues
2818
related to dropout prevention to the Education Committees of the
2819
House and Senate and the Governor by December 1, 2006:
2820
(i)
Report on school counselor effectiveness in
2821
dropout prevention.
2822
crucial to a student's success in school that the middle school
2823
years are a critical time to intervene for potential dropouts.
2824
The Mississippi Legislature requires additional information to
2825
assess the impact the state's counselors have on the dropout rate.
2826
The report shall contain, at a minimum, the following information:
2827
Research indicates that school counselors are
1.
A summary of districts' middle school
2828
dropout prevention services specifically including the number of
2829
counselors per school and their responsibility; and
2830
2831
2.
The financial sources of funding these
programs and the salaries of school counselors; and
2832
3.
The potential partnership of the state's
2833
regional education service agencies in developing and implementing
2834
dropout prevention plans for the state in their regions; and
2835
4.
The number of counselors that have
2836
received a National Certified School Counselor (NCSC) endorsement
2837
from the National Board of Certified Counselors by grade and its
2838
impact on dropout prevention.
2839
(ii)
Scientifically-based methods of reducing
2840
dropouts.
The State Department of Education shall identify
2841
scientifically-based research that is being used to reduce the
2842
dropout rate, especially in high-poverty school districts.
2843
report shall contain, at a minimum, the following information:
2844
2845
1.
2.
Effective policies, including, but not
limited to:
2848
2849
Examples of best practices from states
with low dropout rates; and
2846
2847
The
a.
Career and technical education in the
curriculum;
S. B. No. 2602
06/SS02/R484.3
PAGE 85
*SS02/R484.3*
2850
2851
Early intervention of middle-aged
c.
Provision and effect of supplemental
students;
2852
2853
b.
services for at-risk students;
2854
d.
Impact of school size;
2855
e.
Impact of discipline in the school
f.
The relation of adolescent literacy
2856
environment;
2857
2858
program and the dropout rate.
2859
(iii)
2860
community resources.
2861
issue a report on best practices of this state and others in the
2862
utilization of local community resources.
2863
contain, at a minimum, examples of local resources utilized and
2864
how.
2865
(iv)
Best practices in the utilization of local
The report shall
The effect of raising the
2866
compulsory-school-attendance age.
2867
Education shall issue a report on the effect of raising the
2868
compulsory-school-attendance age to the Education Committees of
2869
the House and Senate by December 1, 2006.
2870
contain, at a minimum, the following information:
2871
1.
The State Department of
The report shall
The social and economic impact on the
2872
state of student dropouts and the ability for dropouts to
2873
comprehend the effect and consequences;
2874
2875
2.
Research supporting variables that
contribute and detract from student persistence in school;
2876
3.
The State Department of Education's
2877
strategy that would be provided to implement a raise in the
2878
compulsory-school-attendance age;
2879
2880
4.
The financial impact of raising the
compulsory-school-attendance age on school districts;
2881
5.
2882
their compulsory-school-attendance age; and
S. B. No. 2602
06/SS02/R484.3
PAGE 86
Examples of other states that have raised
*SS02/R484.3*
2883
6.
Qualitative reports from school district
2884
administrators on the impact of raising the compulsory school age
2885
on the dropout crisis.
2886
SECTION 18.
2887
amended as follows:
2888
37-17-6.
(1)
The State Board of Education, acting through
2889
the Commission on School Accreditation, shall establish and
2890
implement a permanent performance-based accreditation system, and
2891
all public elementary and secondary schools shall be accredited
2892
under this system.
2893
(2)
No later than June 30, 1995, the State Board of
2894
Education, acting through the Commission on School Accreditation,
2895
shall require school districts to provide school classroom space
2896
that is air conditioned as a minimum requirement for
2897
accreditation.
2898
(3)
(a)
Beginning with the 1994-1995 school year, the State
2899
Board of Education, acting through the Commission on School
2900
Accreditation, shall require that school districts employ
2901
certified school librarians according to the following formula:
2902
Number of Students
Number of Certified
2903
Per School Library
School Librarians
2904
0 - 499 Students
½ Full-time Equivalent
2905
2906
Certified Librarian
500 or More Students
2907
Librarian
2908
2909
1 Full-time Certified
(b)
The State Board of Education, however, may increase
the number of positions beyond the above requirements.
2910
(c)
The assignment of such school librarians to the
2911
particular schools shall be at the discretion of the local school
2912
district.
2913
librarian without appropriate training and certification as a
2914
school librarian by the State Department of Education.
No individual shall be employed as a certified school
S. B. No. 2602
06/SS02/R484.3
PAGE 87
*SS02/R484.3*
2915
(d)
School librarians in such district shall spend at
2916
least fifty percent (50%) of direct work time in a school library
2917
and shall devote no more than one-fourth (1/4) of the workday to
2918
administrative activities which are library related.
2919
(e)
Nothing in this subsection shall prohibit any
2920
school district from employing more certified school librarians
2921
than are provided for in this section.
2922
(f)
Any additional mileage levied to fund school
2923
librarians required for accreditation under this subsection shall
2924
be included in the tax increase limitation set forth in Sections
2925
37-57-105 and 37-57-107 and shall not be deemed a new program for
2926
purposes of the limitation.
2927
(4)
On or before December 31, 2002, the State Board of
2928
Education shall implement the performance-based accreditation
2929
system for school districts and for individual schools which shall
2930
include the following:
2931
2932
(a)
for all schools, with a focus on the basic curriculum;
2933
2934
(b)
(c)
A process to implement accountability at both the
school district level and the school level;
2937
2938
Strong accountability for results with appropriate
local flexibility for local implementation;
2935
2936
High expectations for students and high standards
(d)
Individual schools shall be held accountable for
student growth and performance;
2939
(e)
Set annual performance standards for each of the
2940
schools of the state and measure the performance of each school
2941
against itself through the standard that has been set for it;
2942
(f)
A determination of which schools exceed their
2943
standards and a plan for providing recognition and rewards to such
2944
schools;
2945
(g)
A determination of which schools are failing to
2946
meet their standards and a determination of the appropriate role
2947
of the State Board of Education and the State Department of
S. B. No. 2602
06/SS02/R484.3
PAGE 88
*SS02/R484.3*
2948
Education in providing assistance and initiating possible
2949
intervention;
2950
(h)
2951
Development of a comprehensive student assessment
system to implement these requirements; and
2952
(i)
The State Board of Education may, based on a
2953
written request that contains specific reasons for requesting a
2954
waiver from the school districts affected by Hurricane Katrina of
2955
2005, hold harmless school districts from assignment of district
2956
and school level accountability ratings for the 2005-2006 school
2957
year.
2958
hardship in the school district may grant the request.
2959
intent of the Legislature that all school districts maintain the
2960
highest possible academic standards and instructional programs in
2961
all schools as required by law and the State Board of Education.
2962
The State Board of Education upon finding an extreme
It is the
The State Board of Education may continue to assign school
2963
district performance levels by using a number classification and
2964
may assign individual school performance levels by using a number
2965
classification to be consistent with school district performance
2966
levels.
2967
(5)
Nothing in this section shall be deemed to require a
2968
nonpublic school which receives no local, state or federal funds
2969
for support to become accredited by the State Board of Education.
2970
(6)
The State Board of Education shall create an
2971
accreditation audit unit under the Commission on School
2972
Accreditation to determine whether schools are complying with
2973
accreditation standards.
2974
(7)
The State Board of Education shall be specifically
2975
authorized and empowered to withhold adequate minimum education
2976
program or adequate education program fund allocations, whichever
2977
is applicable, to any public school district for failure to timely
2978
report student, school personnel and fiscal data necessary to meet
2979
state and/or federal requirements.
2980
(8)
Deleted.
S. B. No. 2602
06/SS02/R484.3
PAGE 89
*SS02/R484.3*
2981
(9)
The State Board of Education shall establish, for those
2982
school districts failing to meet accreditation standards, a
2983
program of development to be complied with in order to receive
2984
state funds, except as otherwise provided in subsection (14) of
2985
this section when the Governor has declared a state of emergency
2986
in a school district or as otherwise provided in Section 206,
2987
Mississippi Constitution of 1890.
2988
establishing these standards, shall provide for notice to schools
2989
and sufficient time and aid to enable schools to attempt to meet
2990
these standards, unless procedures under subsection (14) of this
2991
section have been invoked.
2992
(10)
The state board, in
Beginning July 1, 1998, the State Board of Education
2993
shall be charged with the implementation of the program of
2994
development in each applicable school district as follows:
2995
(a)
Develop an impairment report for each district
2996
failing to meet accreditation standards in conjunction with school
2997
district officials;
2998
(b)
Notify any applicable school district failing to
2999
meet accreditation standards that it is on probation until
3000
corrective actions are taken or until the deficiencies have been
3001
removed.
3002
action plan to improve its deficiencies.
3003
deficiencies, the corrective action plan for each such school
3004
district shall be based upon a complete analysis of the following:
3005
student test data, student grades, student attendance reports,
3006
student dropout data, existence and other relevant data.
3007
corrective action plan shall describe the specific measures to be
3008
taken by the particular school district and school to improve:
3009
(a) instruction; (b) curriculum; (c) professional development; (d)
3010
personnel and classroom organization; (e) student incentives for
3011
performance; (f) process deficiencies; and (g) reporting to the
3012
local school board, parents and the community.
3013
action plan shall describe the specific individuals responsible
The local school district shall develop a corrective
S. B. No. 2602
06/SS02/R484.3
PAGE 90
*SS02/R484.3*
For district academic
The
The corrective
3014
for implementing each component of the recommendation and how each
3015
will be evaluated.
3016
to the State Board of Education as may be required.
3017
of the State Board of Education establishing the probationary
3018
period of time shall be final;
3019
(c)
All corrective action plans shall be provided
The decision
Offer, during the probationary period, technical
3020
assistance to the school district in making corrective actions.
3021
Beginning July 1, 1998, subject to the availability of funds, the
3022
State Department of Education shall provide technical and/or
3023
financial assistance to all such school districts in order to
3024
implement each measure identified in that district's corrective
3025
action plan through professional development and on-site
3026
assistance.
3027
all available federal funding in order to support its corrective
3028
action plan in addition to state funds made available under this
3029
paragraph;
3030
Each such school district shall apply for and utilize
(d)
Contract, in its discretion, with the institutions
3031
of higher learning or other appropriate private entities to assist
3032
school districts;
3033
(e)
Provide for publication of public notice at least
3034
one (1) time during the probationary period, in a newspaper
3035
published within the jurisdiction of the school district failing
3036
to meet accreditation standards, or if no newspaper is published
3037
therein, then in a newspaper having a general circulation therein.
3038
The publication shall include the following:
3039
school system's status as being on probation; all details relating
3040
to the impairment report, and other information as the State Board
3041
of Education deems appropriate.
3042
section shall be subject to Section 13-3-31 and not contrary to
3043
other laws regarding newspaper publication.
3044
(11)
(a)
declaration of
Public notices issued under this
If the recommendations for corrective action are
3045
not taken by the local school district or if the deficiencies are
3046
not removed by the end of the probationary period, the Commission
S. B. No. 2602
06/SS02/R484.3
PAGE 91
*SS02/R484.3*
3047
on School Accreditation shall conduct a hearing to allow such
3048
affected school district to present evidence or other reasons why
3049
its accreditation should not be withdrawn.
3050
consideration of the results of such hearing, the Commission on
3051
School Accreditation shall be authorized, with the approval of the
3052
State Board of Education, to withdraw the accreditation of a
3053
public school district, and issue a request to the Governor that a
3054
state of emergency be declared in that district.
3055
(b)
Subsequent to its
If the State Board of Education and the Commission
3056
on School Accreditation determine that an extreme emergency
3057
situation exists in a school district which jeopardizes the
3058
safety, security or educational interests of the children enrolled
3059
in the schools in that district and such emergency situation is
3060
believed to be related to a serious violation or violations of
3061
accreditation standards or state or federal law, the State Board
3062
of Education may request the Governor to declare a state of
3063
emergency in that school district.
3064
paragraph, such declarations of a state of emergency shall not be
3065
limited to those instances when a school district's impairments
3066
are related to a lack of financial resources, but also shall
3067
include serious failure to meet minimum academic standards, as
3068
evidenced by a continued pattern of poor student performance.
3069
(c)
For purposes of this
Whenever the Governor declares a state of emergency
3070
in a school district in response to a request made under paragraph
3071
(a) or (b) of this subsection, the State Board of Education may
3072
take one or more of the following actions:
3073
(i)
Declare a state of emergency, under which some
3074
or all of state funds can be escrowed except as otherwise provided
3075
in Section 206, Constitution of 1890, until the board determines
3076
corrective actions are being taken or the deficiencies have been
3077
removed, or that the needs of students warrant the release of
3078
funds.
3079
which the board determines to have been restored to standard even
Such funds may be released from escrow for any program
S. B. No. 2602
06/SS02/R484.3
PAGE 92
*SS02/R484.3*
3080
though the state of emergency may not as yet be terminated for the
3081
district as a whole;
3082
(ii)
Override any decision of the local school
3083
board or superintendent of education, or both, concerning the
3084
management and operation of the school district, or initiate and
3085
make decisions concerning the management and operation of the
3086
school district;
3087
(iii)
Assign an interim conservator who will have
3088
those powers and duties prescribed in subsection (14) of this
3089
section;
3090
(iv)
Grant transfers to students who attend this
3091
school district so that they may attend other accredited schools
3092
or districts in a manner which is not in violation of state or
3093
federal law;
3094
(v)
For states of emergency declared under
3095
paragraph (a) only, if the accreditation deficiencies are related
3096
to the fact that the school district is too small, with too few
3097
resources, to meet the required standards and if another school
3098
district is willing to accept those students, abolish that
3099
district and assign that territory to another school district or
3100
districts.
3101
consolidation with another school district or districts, then if
3102
the State Board of Education finds that it is in the best interest
3103
of the pupils of the district for such consolidation to proceed,
3104
the voluntary consolidation shall have priority over any such
3105
assignment of territory by the State Board of Education;
If the school district has proposed a voluntary
3106
(vi)
3107
paragraph (b) only, reduce local supplements paid to school
3108
district employees, including, but not limited to, instructional
3109
personnel, assistant teachers and extracurricular activities
3110
personnel, if the district's impairment is related to a lack of
3111
financial resources, but only to an extent which will result in
S. B. No. 2602
06/SS02/R484.3
PAGE 93
*SS02/R484.3*
3112
the salaries being comparable to districts similarly situated, as
3113
determined by the State Board of Education;
3114
(vii)
3115
paragraph (b) only, the State Board of Education must take such
3116
action as prescribed in Section 37-17-13.
3117
(d)
At such time as satisfactory corrective action has
3118
been taken in a school district in which a state of emergency has
3119
been declared, the State Board of Education may request the
3120
Governor to declare that the state of emergency no longer exists
3121
in the district.
3122
(e)
Not later than July 1 of each year, the State
3123
Department of Education shall develop an itemized accounting of
3124
the expenditures associated with the management of the conservator
3125
process with regard to each school district in which a conservator
3126
has been appointed, and an assessment as to the extent to which
3127
the conservator has achieved, or failed to achieve, the goals for
3128
which the conservator was appointed to guide the local school
3129
district.
3130
(12)
Upon the declaration of a state of emergency in a
3131
school district under subsection (11) of this section, the
3132
Commission on School Accreditation shall be responsible for public
3133
notice at least once a week for at least three (3) consecutive
3134
weeks in a newspaper published within the jurisdiction of the
3135
school district failing to meet accreditation standards, or if no
3136
newspaper is published therein, then in a newspaper having a
3137
general circulation therein.
3138
smaller than one-fourth (1/4) of a standard newspaper page and
3139
shall be printed in bold print.
3140
appointed for the school district, such notice shall begin as
3141
follows:
3142
1972, as amended, adopted by the Mississippi Legislature during
3143
the 1991 Regular Session, this school district (name of school
3144
district) is hereby placed under the jurisdiction of the State
The size of such notice shall be no
If a conservator has been
"By authority of Section 37-17-6, Mississippi Code of
S. B. No. 2602
06/SS02/R484.3
PAGE 94
*SS02/R484.3*
3145
Department of Education acting through its appointed conservator
3146
(name of conservator)."
3147
The notice also shall include, in the discretion of the State
3148
Board of Education, any or all details relating to the school
3149
district's emergency status, including the declaration of a state
3150
of emergency in the school district and a description of the
3151
district's impairment deficiencies, conditions of any
3152
conservatorship and corrective actions recommended and being
3153
taken.
3154
to Section 13-3-31 and not contrary to other laws regarding
3155
newspaper publication.
3156
Public notices issued under this section shall be subject
Upon termination of the state of emergency in a school
3157
district, the Commission on School Accreditation shall cause
3158
notice to be published in the school district in the same manner
3159
provided in this section, to include any or all details relating
3160
to the corrective action taken in the school district which
3161
resulted in the termination of the state of emergency.
3162
(13)
The State Board of Education or the Commission on
3163
School Accreditation shall have the authority to require school
3164
districts to produce the necessary reports, correspondence,
3165
financial statements, and any other documents and information
3166
necessary to fulfill the requirements of this section.
3167
Nothing in this section shall be construed to grant any
3168
individual, corporation, board or conservator the authority to
3169
levy taxes except in accordance with presently existing statutory
3170
provisions.
3171
(14)
(a)
Whenever the Governor declares a state of
3172
emergency in a school district in response to a request made under
3173
subsection (11) of this section, the State Board of Education, in
3174
its discretion, may assign an interim conservator to the school
3175
district who will be responsible for the administration,
3176
management and operation of the school district, including, but
3177
not limited to, the following activities:
S. B. No. 2602
06/SS02/R484.3
PAGE 95
*SS02/R484.3*
3178
(i)
Approving or disapproving all financial
3179
obligations of the district, including, but not limited to, the
3180
employment, termination, nonrenewal and reassignment of all
3181
certified and noncertified personnel, contractual agreements and
3182
purchase orders, and approving or disapproving all claim dockets
3183
and the issuance of checks; in approving or disapproving
3184
employment contracts of superintendents, assistant superintendents
3185
or principals, the interim conservator shall not be required to
3186
comply with the time limitations prescribed in Sections 37-9-15
3187
and 37-9-105;
3188
(ii)
Supervising the day-to-day activities of the
3189
district's staff, including reassigning the duties and
3190
responsibilities of personnel in a manner which, in the
3191
determination of the conservator, will best suit the needs of the
3192
district;
3193
(iii)
Reviewing the district's total financial
3194
obligations and operations and making recommendations to the
3195
district for cost savings, including, but not limited to,
3196
reassigning the duties and responsibilities of staff;
3197
3198
(iv)
Attending all meetings of the district's
school board and administrative staff;
3199
(v)
Approving or disapproving all athletic, band
3200
and other extracurricular activities and any matters related to
3201
those activities;
3202
(vi)
Maintaining a detailed account of
3203
recommendations made to the district and actions taken in response
3204
to those recommendations;
3205
(vii)
Reporting periodically to the State Board of
3206
Education on the progress or lack of progress being made in the
3207
district to improve the district's impairments during the state of
3208
emergency; and
3209
3210
(viii)
Appointing a parent advisory committee,
comprised of parents of students in the school district, which may
S. B. No. 2602
06/SS02/R484.3
PAGE 96
*SS02/R484.3*
3211
make recommendations to the conservator concerning the
3212
administration, management and operation of the school district.
3213
Except when, in the determination of the State Board of
3214
Education, the school district's impairment is related to a lack
3215
of financial resources, the cost of the salary of the conservator
3216
and any other actual and necessary costs related to the
3217
conservatorship paid by the State Department of Education shall be
3218
reimbursed by the local school district from nonminimum program
3219
funds.
3220
superintendent of the local school district for reimbursement
3221
purposes, and any unpaid balance may be withheld from the
3222
district's minimum or adequate education program funds.
The department shall submit an itemized statement to the
3223
At such time as the Governor, pursuant to the request of the
3224
State Board of Education, declares that the state of emergency no
3225
longer exists in a school district, the powers and
3226
responsibilities of the interim conservator assigned to such
3227
district shall cease.
3228
(b)
In order to provide loans to school districts under
3229
a state of emergency which have impairments related to a lack of
3230
financial resources, the School District Emergency Assistance Fund
3231
is created as a special fund in the State Treasury into which
3232
monies may be transferred or appropriated by the Legislature from
3233
any available public education funds.
3234
be appropriated or transferred to the School District Emergency
3235
Assistance Fund for any one (1) emergency shall be Two Million
3236
Dollars ($2,000,000.00), and the maximum amount that may be
3237
appropriated during any fiscal year shall be Three Million Dollars
3238
($3,000,000.00).
3239
The maximum amount that may
The State Board of Education may loan monies from the School
3240
District Emergency Assistance Fund to a school district that is
3241
under a state of emergency in such amounts, as determined by the
3242
board, which are necessary to correct the district's impairments
3243
related to a lack of financial resources.
S. B. No. 2602
06/SS02/R484.3
PAGE 97
*SS02/R484.3*
The loans shall be
3244
evidenced by an agreement between the school district and the
3245
State Board of Education and shall be repayable in principal,
3246
without necessity of interest, to the State General Fund or the
3247
Education Enhancement Fund, depending on the source of funding for
3248
such loan, by the school district from any allowable funds that
3249
are available.
3250
due and payable within five (5) years after the impairments
3251
related to a lack of financial resources are corrected.
3252
school district fails to make payments on the loan in accordance
3253
with the terms of the agreement between the district and the State
3254
Board of Education, the State Department of Education, in
3255
accordance with rules and regulations established by the State
3256
Board of Education, may withhold that district's minimum program
3257
funds in an amount and manner that will effectuate repayment
3258
consistent with the terms of the agreement; such funds withheld by
3259
the department shall be deposited into the State General Fund or
3260
the Education Enhancement Fund, as the case may be.
3261
The total amount loaned to the district shall be
If a
If the State Board of Education determines that an extreme
3262
emergency exists, simultaneous with the powers exercised in this
3263
subsection, it shall take immediate action against all parties
3264
responsible for the affected school districts having been
3265
determined to be in an extreme emergency.
3266
include, but not be limited to, initiating civil actions to
3267
recover funds and criminal actions to account for criminal
3268
activity.
3269
Board of Education from the surety bonds of school officials or
3270
from any civil action brought under this subsection shall be
3271
applied toward the repayment of any loan made to a school district
3272
hereunder.
3273
(15)
Such action shall
Any funds recovered by the State Auditor or the State
In the event a majority of the membership of the school
3274
board of any school district resigns from office, the State Board
3275
of Education shall be authorized to assign an interim conservator,
3276
who shall be responsible for the administration, management and
S. B. No. 2602
06/SS02/R484.3
PAGE 98
*SS02/R484.3*
3277
operation of the school district until such time as new board
3278
members are selected or the Governor declares a state of emergency
3279
in that school district under subsection (11), whichever occurs
3280
first.
3281
the interim conservator, shall have all powers which were held by
3282
the previously existing school board, and may take such action as
3283
prescribed in Section 37-17-13 and/or one or more of the actions
3284
authorized in this section.
3285
In such case, the State Board of Education, acting through
(16)
Beginning with the school district audits conducted for
3286
the 1997-1998 fiscal year, the State Board of Education, acting
3287
through the Commission on School Accreditation, shall require each
3288
school district to comply with standards established by the State
3289
Department of Audit for the verification of fixed assets and the
3290
auditing of fixed assets records as a minimum requirement for
3291
accreditation.
3292
(17)
Before December 1, 1999, the State Board of Education
3293
shall recommend a program to the Education Committees of the House
3294
of Representatives and the Senate for identifying and rewarding
3295
public schools that improve or are high performing.
3296
shall be described by the board in a written report, which shall
3297
include criteria and a process through which improving schools and
3298
high-performing schools will be identified and rewarded.
3299
The program
The State Superintendent of Education and the State Board of
3300
Education also shall develop a comprehensive accountability plan
3301
to ensure that local school boards, superintendents, principals
3302
and teachers are held accountable for student achievement.
3303
written report on the accountability plan shall be submitted to
3304
the Education Committees of both houses of the Legislature before
3305
December 1, 1999, with any necessary legislative recommendations.
3306
(18)
A
Beginning with the 2006-2007 school year, no school
3307
with a student dropout rate greater than ten percent (10%) shall
3308
receive a Level 3 accreditation rating or above as defined by the
3309
Mississippi Commission on School Accreditation.
S. B. No. 2602
06/SS02/R484.3
PAGE 99
*SS02/R484.3*
3310
Beginning with the 2007-2008 school year, the State Board of
3311
Education, acting through the Mississippi Commission on School
3312
Accreditation, shall develop accreditation standards to require
3313
high schools in the state with a student dropout rate greater than
3314
fifteen percent (15%) over a three-year period to convert their
3315
high school attendance centers into centers with smaller student
3316
enrollment, or to convert its high school to a charter school as
3317
provided in Section 37-28-1 et seq., Mississippi Code of 1972.
3318
Beginning with the 2006-2007 school year, the State
3319
Department of Education shall provide technical assistance as
3320
necessary to school districts in order to develop a school
3321
district student dropout prevention plan for students in the
3322
middle and high school grades.
3323
student dropout prevention plan shall include a team of local
3324
citizens from the business, law enforcement and education
3325
community.
Each such local school district
3326
Any school or school district with a Level 4 or 5
3327
accreditation rating is exempt from the requirements of this
3328
subsection (18).
3329
SECTION 19.
3330
amended as follows:
3331
37-11-53.
(1)
A copy of the school district's discipline
3332
plan shall be distributed to each student enrolled in the
3333
district, and the parents, guardian or custodian of such student
3334
shall sign a statement verifying that they have been given notice
3335
of the discipline policies of their respective school district.
3336
The school board shall have its official discipline plan and code
3337
of student conduct legally audited on an annual basis to insure
3338
that its policies and procedures are currently in compliance with
3339
applicable statutes, case law and state and federal constitutional
3340
provisions.
3341
1, 2001, the provisions of this section, Section 37-11-55 and
S. B. No. 2602
06/SS02/R484.3
PAGE 100
As part of the first legal audit occurring after July
*SS02/R484.3*
3342
Section 37-11-18.1 shall be fully incorporated into the school
3343
district's discipline plan and code of student conduct.
3344
3345
3346
(2)
All discipline plans of school districts shall include,
but not be limited to, the following:
(a)
3347
compulsory-school-age child enrolled in a public school district
3348
shall be responsible financially for his or her minor child's
3349
destructive acts against school property or persons;
3350
(b)
3351
3352
may be requested to appear at school by the school attendance
3353
officer or an appropriate school official for a conference
3354
regarding acts of the child specified in paragraph (a) of this
3355
subsection, or for any other discipline conference regarding the
3356
acts of the child;
3357
(c)
3358
compulsory-school-age child over the age of ten (10) years, who is
3359
in violation of the compulsory school attendance law or who is
3360
considered as having excessive absenteeism from school may be
3361
requested to appear at school after working hours by the school
3362
attendance officer or an appropriate school official for a
3363
conference regarding the absenteeism of the child;
3364
(d)
3365
compulsory-school-age child enrolled in a school district who
3366
refuses or willfully fails to attend such discipline conference
3367
specified in paragraph (b) or paragraph (c) of this section may be
3368
summoned by proper notification by the superintendent of schools
3369
or the school attendance officer and be required to attend such
3370
discipline conference; and
3371
(e)
3372
3373
shall be responsible for any criminal fines brought against such
S. B. No. 2602
06/SS02/R484.3
PAGE 101
*SS02/R484.3*
3374
student for unlawful activity occurring on school grounds or
3375
buses.
3376
(3)
3377
compulsory-school-age child who (a) fails to attend a discipline
3378
conference or a student absenteeism conference within three (3)
3379
school days of official school notification to which such parent,
3380
guardian or custodian has been summoned under the provisions of
3381
this section, or who (b) refuses or willfully fails to perform any
3382
other duties imposed upon him or her under the provisions of this
3383
section, shall be guilty of a misdemeanor and, upon conviction,
3384
shall be:
3385
3386
(a)
Fined an amount not to exceed Two Hundred Fifty
Dollars ($250.00);
3387
(b)
3388
hours; and/or
3389
(c)
Perform community service of up to twenty-five (25)
With the consent of the student's teacher(s),
3390
attend class with the student for a period of time agreed upon by
3391
the court, in consultation with the reporting teacher and school
3392
principal.
3393
attend class with the student or fails to attend class with the
3394
student, the student shall be suspended in accordance with the
3395
code of student conduct and discipline policies of the school
3396
district.
3397
(4)
If the parent, guardian or custodian does not agree to
Any public school district shall be entitled to recover
3398
damages in an amount not to exceed Twenty Thousand Dollars
3399
($20,000.00), plus necessary court costs, from the parents of any
3400
minor under the age of eighteen (18) years and over the age of six
3401
(6) years, who maliciously and willfully damages or destroys
3402
property belonging to such school district.
3403
shall not apply to parents whose parental control of such child
3404
has been removed by court order or decree.
3405
in this section shall be in addition to all other actions which
3406
the school district is entitled to maintain and nothing in this
S. B. No. 2602
06/SS02/R484.3
PAGE 102
*SS02/R484.3*
However, this section
The action authorized
3407
section shall preclude recovery in a greater amount from the minor
3408
or from a person, including the parents, for damages to which such
3409
minor or other person would otherwise be liable.
3410
3411
3412
3413
* * *
SECTION 20.
amended as follows:
37-3-4.
(1)
There is established within the State
3414
Department of Education, the School Executive Management
3415
Institute.
3416
Education upon recommendation by the State Superintendent of
3417
Public Education.
3418
with the approval of the State Board of Education, shall assign
3419
sufficient staff members from the State Department of Education to
3420
the institute.
3421
(2)
The director shall be appointed by the State Board of
The State Superintendent of Public Education,
It shall be the purpose and duty of the institute to
3422
conduct thorough empirical studies and analyses of the school
3423
management needs of the local school districts throughout the
3424
state, to make recommendations to the State Board of Education
3425
regarding standards and programs of training that aid in the
3426
development of administrative and management skills of local
3427
school administrators, and to conduct such programs related to
3428
these purposes as they are implemented under guidelines
3429
established by the State Board of Education.
3430
(3)
The State Board of Education shall develop and implement
3431
through the School Executive Management Institute a program for
3432
the development of administrative and management skills of local
3433
school administrators under which all local school administrators
3434
shall be required to participate.
3435
appropriations available for such purpose, the School Executive
3436
Management Institute or the Mississippi School Boards Association
3437
shall be required to offer courses at least twice a year on the
3438
uses of technology to principals, superintendents and other
3439
administrative personnel.
S. B. No. 2602
06/SS02/R484.3
PAGE 103
Subject to the extent of
These courses shall relate to the
*SS02/R484.3*
3440
application of technology to learning, as well as administrative
3441
problems.
3442
(4)
(a)
The institute shall have an advisory board composed
3443
of ten (10) qualified members appointed by the State Board of
3444
Education after consultation with the State Superintendent of
3445
Public Education.
3446
to the institute on the types of training to be instituted and
3447
supported.
3448
of the following members, two (2) to be appointed from each
3449
congressional district:
3450
representative of public community/junior colleges within the
3451
state; one (1) representative of a school of education in an
3452
institution of higher learning within the state; two (2) local
3453
school board members; one (1) classroom teacher; and two (2) lay
3454
persons.
3455
shall be appointed for a term of one (1) year, three (3) members
3456
shall be appointed for a term of two (2) years, two (2) members
3457
shall be appointed for a term of three (3) years, and two (2)
3458
members shall be appointed for a term of four (4) years.
3459
Thereafter, all members shall be appointed for a term of four (4)
3460
years.
3461
but in no event fewer than three (3) times per year.
3462
of the advisory board shall be compensated at the per diem rate
3463
authorized by Section 25-3-69 and reimbursed for actual and
3464
necessary expenses as authorized by Section 25-3-41.
This advisory board will offer recommendations
The membership of the advisory board shall be composed
three (3) school administrators; one (1)
In making the initial appointments, three (3) members
3465
The advisory board shall meet when called by the director,
(b)
The members
Board members of the Oxford-Lafayette Business and
3466
Industrial Complex shall be paid per diem and reimbursed for
3467
expenses and mileage from local funds in accordance with Section
3468
37-6-13.
3469
(5)
(a)
Basic Education Course.
Subject to the extent of
3470
appropriations available for such purpose, the School Executive
3471
Management Institute of the State Department of Education shall
3472
prepare and conduct a course of training for basic education for
S. B. No. 2602
06/SS02/R484.3
PAGE 104
*SS02/R484.3*
3473
the local school board members of this state, in order for board
3474
members to carry out their duties more effectively and be exposed
3475
to new ideas involving school restructuring.
3476
shall be known as the "School Board Member Training Course" and
3477
shall consist of at least twelve (12) hours of training.
3478
School Executive Management Institute shall issue certificates of
3479
completion to those school board members who complete the basic
3480
education course.
3481
(b)
Continuing Education Course.
The basic course
The
The Mississippi
3482
School Boards Association shall be responsible for preparing and
3483
conducting a course of training for continuing education for the
3484
local school board members of this state, in order for board
3485
members to carry out their duties more effectively and be exposed
3486
to new ideas involving school restructuring.
3487
education course shall be known as the "Continuing Education
3488
Course for School Board Members" and shall consist of at least six
3489
(6) hours of training.
3490
The continuing
The Mississippi School Boards Association shall issue
3491
certificates of completion to those school board members who
3492
complete the continuing education course.
3493
for preparing and conducting the continuing education course
3494
provided for in this paragraph shall be paid out of any funds
3495
which are made available to the Mississippi School Boards
3496
Association upon authorization and appropriation by the
3497
Legislature to the State Department of Education.
3498
(6)
All costs and expenses
The Mississippi School Boards Association shall prepare
3499
and submit a report each year to the State Board of Education and
3500
to the respective Chairs of the House and Senate Education
3501
Committees describing the activities and providing an evaluation
3502
of the continuing education programs offered by the association
3503
each year.
3504
3505
(7)
The School Executive Management Institute of the State
Department of Education, or the Mississippi School Boards
S. B. No. 2602
06/SS02/R484.3
PAGE 105
*SS02/R484.3*
3506
Association with the oversight of the State Board of Education, at
3507
least twice a year, shall prepare and conduct required courses of
3508
training for continuing education for the elementary and secondary
3509
school principals of this state, in order for principals to carry
3510
out their duties more effectively and be exposed to new ideas
3511
involving school management.
3512
shall be known as the "Continuing Education Course for Principals"
3513
and shall consist of at least six (6) hours of training.
3514
content of the continuing education courses and the time and place
3515
such courses are to be conducted shall be determined by the School
3516
Executive Management Institute or the Mississippi School Boards
3517
Association; however, to the extent practicable, such training
3518
sessions shall be held within geographical proximity of local
3519
districts in order that travel times and costs shall not be
3520
prohibitive.
3521
The continuing education course
The
The institute shall issue certificates of completion to those
3522
principals who complete such courses.
3523
preparing and conducting the basic and continuing education
3524
courses provided for in this subsection shall be paid out of any
3525
funds which are made available to the institute upon authorization
3526
and appropriation by the Legislature.
3527
(8)
All costs and expenses for
Principals and other administrators at schools meeting
3528
Level 4 or 5 accreditation standards shall be exempted from the
3529
3530
SECTION 21.
3531
amended as follows:
3532
37-3-46.
3533
of Education shall:
3534
(a)
From and after July 1, 1983, the State Department
Provide to local school districts financial,
3535
training and other assistance to implement and maintain a state
3536
program of educational accountability and assessment of
3537
performance.
S. B. No. 2602
06/SS02/R484.3
PAGE 106
*SS02/R484.3*
3538
(b)
Provide to local school districts technical
3539
assistance and training in the development, implementation and
3540
administration of a personnel appraisal and compensation system
3541
for all school employees.
3542
report to the Legislature on January 5, 1986, with recommendations
3543
based upon the personnel appraisal and compensation system
3544
developed under this subsection.
3545
(c)
The State Board of Education shall
Provide to local school districts technical
3546
assistance in the development, implementation and administration
3547
of programs designed to keep children in school voluntarily and to
3548
prevent dropouts.
3549
3550
3551
(d)
Schools meeting Level 4 or 5 accreditation
standards shall be exempted from the provisions of this section.
SECTION 22.
3552
amended as follows:
3553
37-3-49.
(1)
3554
provide an instructional program and establish guidelines and
3555
procedures for managing such program in the public schools as part
3556
of the State Program of Educational Accountability and Assessment
3557
of Performance as prescribed in Section 37-3-46.
3558
districts may (a) elect to adopt the instructional program and
3559
management system provided by the State Department of Education,
3560
or (b) elect to adopt an instructional program and management
3561
system which meets or exceeds criteria established by the State
3562
Department of Education for such.
3563
the courses taught in Grades K-8 which contain skills tested
3564
through the Mississippi Basic Skills Assessment Program and shall
3565
proceed through all secondary school courses mandated for
3566
graduation and all secondary school courses in the Mississippi
3567
end-of-course testing program.
3568
be included in the district's instructional program as they are
3569
provided by the State Department of Education along with
3570
instructional practices, resources, evaluation items and
S. B. No. 2602
06/SS02/R484.3
PAGE 107
*SS02/R484.3*
Public school
This provision shall begin with
Other state core objectives must
3571
management procedures.
3572
program and accompanying procedures to all other instructional
3573
areas.
3574
guidelines, or a program and guidelines developed by a local
3575
school district which incorporates the core objectives from the
3576
curriculum structure are enforced through the performance-based
3577
accreditation system.
3578
every effort be made to protect the instructional time in the
3579
classroom and reduce the amount of paperwork which must be
3580
completed by teachers.
3581
take steps to insure that school districts properly use staff
3582
development time to work on the districts' instructional
3583
management plans.
3584
(2)
Districts are encouraged to adapt this
The department shall provide that such program and
It is the intent of the Legislature that
The State Department of Education shall provide such
3585
instructional program and management guidelines which shall
3586
require for every public school district that:
3587
(a)
All courses taught in Grades K-8 which contain
3588
skills which are tested through the Mississippi Basic Skills
3589
Assessment Program, all secondary school courses mandated for
3590
graduation, and all courses in the end-of-course testing program
3591
shall include the State Department of Education's written list of
3592
learning objectives.
3593
(b)
The local school board must adopt the objectives
3594
that will form the core curriculum which will be systematically
3595
delivered throughout the district.
3596
(c)
The set of objectives provided by the State
3597
Department of Education must be accompanied by suggested
3598
instructional practices and resources that would help teachers
3599
organize instruction so as to promote student learning of the
3600
objectives.
3601
accompanied by suggested instructional practices and resources
3602
that would help teachers organize instruction.
3603
practices and resources that are identified are to be used as
S. B. No. 2602
06/SS02/R484.3
PAGE 108
Objectives added by the school district must also be
*SS02/R484.3*
The instructional
3604
suggestions and not as requirements that teachers must follow. The
3605
goal of the program is to have students to achieve the desired
3606
objective and not to limit teachers in the way they teach.
3607
(d)
Standards for student performance must be
3608
established for each core objective in the local program and those
3609
standards establish the district's definition of mastery for each
3610
objective.
3611
(e)
There shall be an annual review of student
3612
performance in the instructional program against locally
3613
established standards.
3614
instructional program, the district shall take action to improve
3615
student performance.
3616
(3)
When weaknesses exist in the local
The State Board of Education and the board of trustees
3617
of each school district shall adopt policies to limit and reduce
3618
the number and length of written reports that classroom teachers
3619
are required to prepare.
3620
(4)
This section shall not be construed to limit teachers
3621
from using their own professional skills to help students master
3622
instructional objectives, nor shall it be construed as a call for
3623
more detailed or complex lesson plans or any increase in testing
3624
at the local school district level.
3625
3626
3627
(5)
Schools meeting Level 4 or 5 accreditation standards
shall be exempted from the provisions of this section.
SECTION 23.
3628
amended as follows:
3629
37-7-337.
(1)
The governing authorities of the county,
3630
counties or city in which a school district is located and the
3631
school board of each school district shall develop a five-year
3632
plan to encourage community involvement with the schools in such
3633
district.
3634
Education on or before January 1, 1993.
3635
3636
(2)
Such plan shall be filed with the State Department of
S. B. No. 2602
06/SS02/R484.3
PAGE 109
*SS02/R484.3*
3637
SECTION 24.
3638
amended as follows:
3639
37-17-8.
(1)
The State Board of Education, through the
3640
Commission on School Accreditation, shall establish criteria for
3641
comprehensive in-service staff development plans.
3642
shall:
3643
for allocating available state funds for in-service training to
3644
local school districts; (b) require that a portion of the plans be
3645
devoted exclusively for the purpose of providing staff development
3646
training for beginning teachers within that local school district
3647
and for no other purpose; and (c) require that a portion of the
3648
school district's in-service training for administrators and
3649
teachers be dedicated to the application and utilization of
3650
various disciplinary techniques.
3651
recommendations to the Legislature concerning the amount of funds
3652
which shall be appropriated for this purpose.
3653
These criteria
(2)
(a) include, but not be limited to, formula and guidelines
The board shall each year make
Beginning with the 1998-1999 school year, school
3654
districts shall not be required to submit staff development plans
3655
to the Commission on School Accreditation for approval.
3656
any school district accredited at Level 1 or Level 2 shall
3657
include, as a part of any required corrective action plan,
3658
provisions to address staff development in accordance with State
3659
Board of Education requirements.
3660
specifically exempt from this section, must maintain on file staff
3661
development plans as required under this section.
3662
have been prepared by a district committee appointed by the
3663
district superintendent and consisting of teachers,
3664
administrators, school board members, and lay people, and it shall
3665
have been approved by the district superintendent.
3666
(3)
However,
All school districts, unless
The plan shall
In order to insure that teachers are not overburdened
3667
with paperwork and written reports, local school districts and
3668
the State Board of Education shall take such steps as may be
S. B. No. 2602
06/SS02/R484.3
PAGE 110
*SS02/R484.3*
3669
necessary to further the reduction of paperwork requirements on
3670
teachers.
3671
3672
3673
(4)
SECTION 25.
3674
amended as follows:
3675
37-17-11.
(1)
(a)
Effective July 1, 2006, schools with
3676
Level 4 or 5 accreditation standards shall be exempted from the
3677
provisions pursuant to Sections 37-3-4, 37-3-46, 37-3-49,
3678
37-7-301, 37-7-306, 37-7-337, 37-9-79, 37-13-61, 37-13-67,
3679
37-15-9, 37-17-6, 37-17-8, 37-21-7, 37-25-9, 37-41-53, 37-151-5
3680
and 37-151-77, Mississippi Code of 1972, or (b) the process
3681
standards included in the Mississippi Public Schools
3682
Accountability Manual not required by law.
3683
(b)
Effective upon official issuance of State Board of
3684
Education accreditation ratings, each school initially meeting a
3685
Level 4 or 5 accreditation rating shall have their exemption
3686
status reevaluated every three (3) years.
3687
exempted school's rating is reduced to a Level 1, 2 or 3, then
3688
that school shall automatically lose its exempt status until it
3689
again achieves a Level 4 or 5 ranking.
3690
(2)
If a previously
For the purposes of this section, a Level 4 and 5 school
3691
is defined as designated by the State Board of Education
3692
accreditation ratings.
3693
(3)
The State Department of Education is directed to provide
3694
a report of all exempted process standards and nonexempted process
3695
standards to the Office of the Governor, the Chairs of the House
3696
and Senate Education Committees, and the Mississippi Association
3697
of State Superintendents by December 1, 2006.
3698
SECTION 26.
3699
amended as follows:
3700
37-21-7.
3701
(1)
This section shall be referred to as the
"Mississippi Elementary Schools Assistant Teacher Program," the
S. B. No. 2602
06/SS02/R484.3
PAGE 111
*SS02/R484.3*
3702
purpose of which shall be to provide an early childhood education
3703
program that assists in the instruction of basic skills.
3704
State Board of Education is authorized, empowered and directed to
3705
implement a statewide system of assistant teachers in kindergarten
3706
classes and in the first, second and third grades.
3707
teacher shall assist pupils in actual instruction under the strict
3708
supervision of a licensed teacher.
3709
(2)
(a)
The
The assistant
Except as otherwise authorized under subsection
3710
(7), each school district shall employ the total number of
3711
assistant teachers funded under subsection (6) of this section.
3712
The superintendent of each district shall assign the assistant
3713
teachers to the kindergarten, first-, second- and third-grade
3714
classes in the district in a manner that will promote the maximum
3715
efficiency, as determined by the superintendent, in the
3716
instruction of skills such as verbal and linguistic skills,
3717
logical and mathematical skills, and social skills.
3718
(b)
If a licensed teacher to whom an assistant teacher
3719
has been assigned is required to be absent from the classroom, the
3720
assistant teacher may assume responsibility for the classroom in
3721
lieu of a substitute teacher.
3722
assume sole responsibility of the classroom for more than three
3723
(3) consecutive school days.
3724
assistant teacher be assigned to serve as a substitute teacher for
3725
any teacher other than the licensed teacher to whom that assistant
3726
teacher has been assigned.
3727
(3)
However, no assistant teacher shall
Further, in no event shall any
Assistant teachers shall have, at a minimum, a high
3728
school diploma or a GED equivalent, and shall show demonstratable
3729
proficiency in reading and writing skills.
3730
of Education shall develop a testing procedure for assistant
3731
teacher applicants to be used in all school districts in the
3732
state.
3733
3734
(4)
(a)
In order to receive funding, each school district
shall:
S. B. No. 2602
06/SS02/R484.3
PAGE 112
The State Department
*SS02/R484.3*
3735
(i)
Submit a plan on the implementation of a
3736
reading improvement program to the State Department of Education;
3737
and
3738
(ii)
Develop a plan of educational accountability
3739
and assessment of performance, including pretests and posttests,
3740
for reading in Grades 1 through 6.
3741
(b)
3742
Additionally, each school district shall:
(i)
Provide annually a mandatory preservice
3743
orientation session, using an existing in-school service day, for
3744
administrators and teachers on the effective use of assistant
3745
teachers as part of a team in the classroom setting and on the
3746
role of assistant teachers, with emphasis on program goals;
3747
(ii)
Hold periodic workshops for administrators
3748
and teachers on the effective use and supervision of assistant
3749
teachers;
3750
3751
(iii)
Provide training annually on specific
instructional skills for assistant teachers;
3752
(iv)
Annually evaluate their program in accordance
3753
with their educational accountability and assessment of
3754
performance plan; and
3755
3756
3757
3758
(v)
Designate the necessary personnel to supervise
and report on their program.
(5)
The State Department of Education shall:
(a)
Develop and assist in the implementation of a
3759
statewide uniform training module, subject to the availability of
3760
funds specifically appropriated therefor by the Legislature, which
3761
shall be used in all school districts for training administrators,
3762
teachers and assistant teachers.
3763
consolidated training of each assistant teacher and teacher to
3764
whom the assistant teacher is assigned, working together as a
3765
team, and shall require further periodical training for
3766
administrators, teachers and assistant teachers regarding the role
3767
of assistant teachers;
S. B. No. 2602
06/SS02/R484.3
PAGE 113
*SS02/R484.3*
The module shall provide for the
3768
(b)
Annually evaluate the program on the district and
3769
state level.
3770
appropriated therefor by the Legislature, the department shall
3771
develop:
3772
principal or assistant principal, to collect data for the annual
3773
overall program evaluation conducted by the department; or (ii) a
3774
program evaluation model that, at a minimum, addresses process
3775
evaluation; and
3776
Subject to the availability of funds specifically
(i) uniform evaluation reports, to be performed by the
(c)
Promulgate rules, regulations and such other
3777
standards deemed necessary to effectuate the purposes of this
3778
section.
3779
any rules, regulations or standards adopted by the department may
3780
result in a violation of compulsory accreditation standards as
3781
established by the State Board of Education and Commission on
3782
School Accreditation.
3783
(6)
Noncompliance with the provisions of this section and
In addition to other funds allotted under the Minimum
3784
Education or Adequate Education Program, each school district
3785
shall be allotted sufficient funding for the purpose of employing
3786
assistant teachers.
3787
the amount he or she received in the prior school year.
3788
district shall receive any funds under this section for any school
3789
year during which the aggregate amount of the local contribution
3790
to the salaries of assistant teachers by the district shall have
3791
been reduced below such amount for the previous year.
3792
No assistant teacher shall be paid less than
No school
For the 2001-2002 school year, the minimum salary for
3793
assistant teachers shall be Nine Thousand Three Hundred Sixty-five
3794
Dollars ($9,365.00).
3795
3796
assistant teachers shall be Nine Thousand Nine Hundred Dollars
3797
($9,900.00).
3798
3799
assistant teachers shall be Ten Thousand Five Hundred Dollars
3800
($10,500.00).
S. B. No. 2602
06/SS02/R484.3
PAGE 114
*SS02/R484.3*
3801
3802
assistant teachers shall be Eleven Thousand Two Hundred Dollars
3803
($11,200.00).
3804
For the 2005-2006 school year and school years thereafter,
3805
the minimum salary for assistant teachers shall be Twelve Thousand
3806
Dollars ($12,000.00).
3807
In addition, for each one percent (1%) that the Sine Die
3808
General Fund Revenue Estimate Growth exceeds five percent (5%) in
3809
fiscal year 2003, 2004, 2005 or 2006, as certified by the
3810
Legislative Budget Office to the State Board of Education and
3811
subject to the specific appropriation therefor by the Legislature,
3812
the State Board of Education shall revise the salary scale in the
3813
appropriate year to provide an additional one percent (1%) across
3814
the board increase in the base salaries for assistant teachers.
3815
The State Board of Education shall revise the salaries prescribed
3816
above for assistant teachers to conform to any adjustments made in
3817
prior fiscal years due to revenue growth over and above five
3818
percent (5%).
3819
working only in the grades for which the funds were allotted, but
3820
may be assigned to other classes as provided in subsection (2)(a)
3821
of this section.
3822
(7)
(a)
The assistant teachers shall not be restricted to
As an alternative to employing assistant teachers,
3823
any school district may use the allotment provided under
3824
subsection (6) of this section for the purpose of employing
3825
licensed teachers for kindergarten, first-, second- and
3826
third-grade classes; however, no school district shall be
3827
authorized to use the allotment for assistant teachers for the
3828
purpose of employing licensed teachers unless the district has
3829
established that the employment of licensed teachers using such
3830
funds will reduce the teacher:student ratio in the kindergarten,
3831
first-, second- and third-grade classes.
3832
assistant teachers shall be applied to reducing teacher:student
3833
ratio in Grades K-3.
S. B. No. 2602
06/SS02/R484.3
PAGE 115
*SS02/R484.3*
All state funds for
3834
It is the intent of the Legislature that no school district
3835
shall dismiss any assistant teacher for the purpose of using the
3836
assistant teacher allotment to employ licensed teachers.
3837
districts may rely only upon normal attrition to reduce the number
3838
of assistant teachers employed in that district.
3839
(b)
School
Schools meeting Level 4 or 5 accreditation
3840
standards shall be exempted from the provisions of this section,
3841
with the exception of the requirements of Section 37-21-7(3).
3842
SECTION 27.
3843
amended as follows:
3844
37-13-61.
The local school board shall have the power and
3845
authority to fix the date for the opening and closing of the
3846
school term, subject to the full one hundred eighty (180) days
3847
required for a school term of a scholastic year in Section
3848
37-13-63.
3849
authorized to keep school in session in excess of the minimum
3850
number of days prescribed in Section 37-13-63.
3851
3852
3853
Provided, however, that local school boards are
SECTION 28.
amended as follows:
37-13-67. * * *
The number of hours of actual teaching which
3854
shall constitute a school day shall be determined and fixed by the
3855
board of trustees of the school district at not less than five (5)
3856
hours * * *.
3857
SECTION 29.
3858
amended as follows:
3859
37-13-69.
All public schools of this state may observe such
3860
legal holidays as may be designated by the local school board, and
3861
no sessions of school shall be held on holidays so designated and
3862
observed.
3863
term required by law exclusive of the holidays authorized by this
3864
section.
3865
the reports of the superintendents, principals and teachers, and
3866
such superintendents, principals and teachers shall be allowed pay
However, all schools shall operate for the full minimum
The holidays thus observed shall not be deducted from
S. B. No. 2602
06/SS02/R484.3
PAGE 116
*SS02/R484.3*
3867
for full time as though they had taught on said holidays.
3868
However, such holidays shall not be counted or included in any way
3869
in determining the average daily attendance of the school.
3870
SECTION 30.
3871
amended as follows:
3872
37-41-53.
(1)
Each school board, person, firm or
3873
corporation transporting public school children on the public
3874
roads, streets and highways of the state with motor vehicles shall
3875
have said motor vehicles inspected according to the laws of the
3876
state * * *.
3877
mechanic to be safe for transporting pupils on the roads, streets
3878
and highways of the state before it is released for such purpose.
3879
If such motor vehicle is found to be unsafe for transporting
3880
pupils, then it shall be properly repaired or adjusted as
3881
necessary before being used to transport pupils.
3882
of this subsection (1) shall not apply to vehicles owned by
3883
individuals and under private contract to the school district and
3884
used exclusively for transporting members of their immediate
3885
families.
3886
(2)
Each motor vehicle shall be inspected by a competent
The provisions
The State Department of Education may, at its
3887
discretion, inspect any school bus used for transporting pupils to
3888
and from the public schools or for activity purposes to determine
3889
the safety of such motor vehicle for operation on the roads,
3890
streets and highways of this state.
3891
inspected and is found to be unsafe for transporting pupils, a
3892
report shall be filed with the appropriate school official
3893
indicating its deficiencies with recommendations for correcting
3894
such deficiencies.
3895
(3)
In the event a vehicle is
If it is determined that any buses are in such defective
3896
condition as to constitute an emergency safety hazard, those buses
3897
may be condemned and removed from service and shall not be
3898
returned to service until adequate repairs are completed and such
3899
buses are reinspected by the State Department of Education.
S. B. No. 2602
06/SS02/R484.3
PAGE 117
*SS02/R484.3*
Any
3900
school official who approves the operation of any school bus that
3901
has been removed from service under the conditions listed above,
3902
prior to being reinspected by the State Department of Education,
3903
shall be guilty of a misdemeanor and upon conviction shall be
3904
punished by imprisonment in the county jail for a period not to
3905
exceed sixty (60) days, or a fine of not less than Five Hundred
3906
Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00),
3907
or by both such fine and imprisonment, in the discretion of the
3908
court.
3909
SECTION 31.
3910
amended as follows:
3911
37-7-301.
The school boards of all school districts shall
3912
have the following powers, authority and duties in addition to all
3913
others imposed or granted by law, to wit:
3914
(a)
To organize and operate the schools of the district
3915
and to make such division between the high school grades and
3916
elementary grades as, in their judgment, will serve the best
3917
interests of the school;
3918
(b)
To introduce public school music, art, manual
3919
training and other special subjects into either the elementary or
3920
high school grades, as the board shall deem proper;
3921
(c)
To be the custodians of real and personal school
3922
property and to manage, control and care for same, both during the
3923
school term and during vacation;
3924
(d)
To have responsibility for the erection, repairing
3925
and equipping of school facilities and the making of necessary
3926
school improvements;
3927
(e)
To suspend or to expel a pupil or to change the
3928
placement of a pupil to the school district's alternative school
3929
or home-bound program for misconduct in the school or on school
3930
property, as defined in Section 37-11-29, on the road to and from
3931
school, or at any school-related activity or event, or for conduct
3932
occurring on property other than school property or other than at
S. B. No. 2602
06/SS02/R484.3
PAGE 118
*SS02/R484.3*
3933
a school-related activity or event when such conduct by a pupil,
3934
in the determination of the school superintendent or principal,
3935
renders that pupil's presence in the classroom a disruption to the
3936
educational environment of the school or a detriment to the best
3937
interest and welfare of the pupils and teacher of such class as a
3938
whole, and to delegate such authority to the appropriate officials
3939
of the school district;
3940
(f)
To visit schools in the district, in their
3941
discretion, in a body for the purpose of determining what can be
3942
done for the improvement of the school in a general way;
3943
(g)
To support, within reasonable limits, the
3944
superintendent, principal and teachers where necessary for the
3945
proper discipline of the school;
3946
(h)
To exclude from the schools students with what
3947
appears to be infectious or contagious diseases; provided,
3948
however, such student may be allowed to return to school upon
3949
presenting a certificate from a public health officer, duly
3950
licensed physician or nurse practitioner that the student is free
3951
from such disease;
3952
(i)
To require those vaccinations specified by the
3953
State Health Officer as provided in Section 41-23-37, Mississippi
3954
Code of 1972;
3955
(j)
3956
3957
To see that all necessary utilities and services
are provided in the schools at all times when same are needed;
(k)
To authorize the use of the school buildings and
3958
grounds for the holding of public meetings and gatherings of the
3959
people under such regulations as may be prescribed by said board;
3960
(l)
To prescribe and enforce rules and regulations not
3961
inconsistent with law or with the regulations of the State Board
3962
of Education for their own government and for the government of
3963
the schools, and to transact their business at regular and special
3964
meetings called and held in the manner provided by law;
S. B. No. 2602
06/SS02/R484.3
PAGE 119
*SS02/R484.3*
3965
(m)
To maintain and operate all of the schools under
3966
their control for such length of time during the year as may be
3967
required;
3968
3969
3970
(n)
To enforce in the schools the courses of study and
the use of the textbooks prescribed by the proper authorities;
(o)
To make orders directed to the superintendent of
3971
schools for the issuance of pay certificates for lawful purposes
3972
on any available funds of the district and to have full control of
3973
the receipt, distribution, allotment and disbursement of all funds
3974
provided for the support and operation of the schools of such
3975
school district whether such funds be derived from state
3976
appropriations, local ad valorem tax collections, or otherwise.
3977
The local school board shall be authorized and empowered to
3978
promulgate rules and regulations that specify the types of claims
3979
and set limits of the dollar amount for payment of claims by the
3980
superintendent of schools to be ratified by the board at the next
3981
regularly scheduled meeting after payment has been made;
3982
(p)
To select all school district personnel in the
3983
manner provided by law, and to provide for such employee fringe
3984
benefit programs, including accident reimbursement plans, as may
3985
be deemed necessary and appropriate by the board;
3986
(q)
To provide athletic programs and other school
3987
activities and to regulate the establishment and operation of such
3988
programs and activities;
3989
(r)
To join, in their discretion, any association of
3990
school boards and other public school-related organizations, and
3991
to pay from local funds other than minimum foundation funds, any
3992
membership dues;
3993
(s)
To expend local school activity funds, or other
3994
available school district funds, other than minimum education
3995
program funds, for the purposes prescribed under this paragraph.
3996
"Activity funds" shall mean all funds received by school officials
3997
in all school districts paid or collected to participate in any
S. B. No. 2602
06/SS02/R484.3
PAGE 120
*SS02/R484.3*
3998
school activity, such activity being part of the school program
3999
and partially financed with public funds or supplemented by public
4000
funds.
4001
raised and/or expended by any organization unless commingled in a
4002
bank account with existing activity funds, regardless of whether
4003
the funds were raised by school employees or received by school
4004
employees during school hours or using school facilities, and
4005
regardless of whether a school employee exercises influence over
4006
the expenditure or disposition of such funds.
4007
not be required to make any payment to any school for the use of
4008
any school facility if, in the discretion of the local school
4009
governing board, the organization's function shall be deemed to be
4010
beneficial to the official or extracurricular programs of the
4011
school.
4012
"organization" shall not include any organization subject to the
4013
control of the local school governing board.
4014
only be expended for any necessary expenses or travel costs,
4015
including advances, incurred by students and their chaperons in
4016
attending any in-state or out-of-state school-related programs,
4017
conventions or seminars and/or any commodities, equipment, travel
4018
expenses, purchased services or school supplies which the local
4019
school governing board, in its discretion, shall deem beneficial
4020
to the official or extracurricular programs of the district,
4021
including items which may subsequently become the personal
4022
property of individuals, including yearbooks, athletic apparel,
4023
book covers and trophies.
4024
travel expenses of school district personnel.
4025
governing board shall be authorized and empowered to promulgate
4026
rules and regulations specifically designating for what purposes
4027
school activity funds may be expended.
4028
board shall provide (i) that such school activity funds shall be
4029
maintained and expended by the principal of the school generating
4030
the funds in individual bank accounts, or (ii) that such school
The term "activity funds" shall not include any funds
Organizations shall
For the purposes of this provision, the term
S. B. No. 2602
06/SS02/R484.3
PAGE 121
Activity funds may
Activity funds may be used to pay
*SS02/R484.3*
The local school
The local school governing
4031
activity funds shall be maintained and expended by the
4032
superintendent of schools in a central depository approved by the
4033
board.
4034
school activity funds be audited as part of the annual audit
4035
required in Section 37-9-18.
4036
shall prescribe a uniform system of accounting and financial
4037
reporting for all school activity fund transactions;
4038
The local school governing board shall provide that such
(t)
The State Department of Education
To contract, on a shared savings, lease or
4039
lease-purchase basis, for energy efficiency services and/or
4040
equipment as provided for in Section 31-7-14, not to exceed ten
4041
(10) years;
4042
4043
(u)
To maintain accounts and issue pay certificates on
school food service bank accounts;
4044
(v)
(i)
To lease a school building from an individual,
4045
partnership, nonprofit corporation or a private for-profit
4046
corporation for the use of such school district, and to expend
4047
funds therefor as may be available from any nonminimum program
4048
sources.
4049
lease a school building shall declare by resolution that a need
4050
exists for a school building and that the school district cannot
4051
provide the necessary funds to pay the cost or its proportionate
4052
share of the cost of a school building required to meet the
4053
present needs.
4054
shall be published once each week for three (3) consecutive weeks
4055
in a newspaper having a general circulation in the school district
4056
involved, with the first publication thereof to be made not less
4057
than thirty (30) days prior to the date upon which the school
4058
board is to act on the question of leasing a school building.
4059
no petition requesting an election is filed prior to such meeting
4060
as hereinafter provided, then the school board may, by resolution
4061
spread upon its minutes, proceed to lease a school building.
4062
at any time prior to said meeting a petition signed by not less
4063
than twenty percent (20%) or fifteen hundred (1500), whichever is
The school board of the school district desiring to
S. B. No. 2602
06/SS02/R484.3
PAGE 122
The resolution so adopted by the school board
*SS02/R484.3*
If
If
4064
less, of the qualified electors of the school district involved
4065
shall be filed with the school board requesting that an election
4066
be called on the question, then the school board shall, not later
4067
than the next regular meeting, adopt a resolution calling an
4068
election to be held within such school district upon the question
4069
of authorizing the school board to lease a school building.
4070
election shall be called and held, and notice thereof shall be
4071
given, in the same manner for elections upon the questions of the
4072
issuance of the bonds of school districts, and the results thereof
4073
shall be certified to the school board.
4074
(3/5) of the qualified electors of the school district who voted
4075
in such election shall vote in favor of the leasing of a school
4076
building, then the school board shall proceed to lease a school
4077
building.
4078
(20) years, and the total cost of such lease shall be either the
4079
amount of the lowest and best bid accepted by the school board
4080
after advertisement for bids or an amount not to exceed the
4081
current fair market value of the lease as determined by the
4082
averaging of at least two (2) appraisals by certified general
4083
appraisers licensed by the State of Mississippi.
4084
building" as used in this paragraph (v)(i) shall be construed to
4085
mean any building or buildings used for classroom purposes in
4086
connection with the operation of schools and shall include the
4087
site therefor, necessary support facilities, and the equipment
4088
thereof and appurtenances thereto such as heating facilities,
4089
water supply, sewage disposal, landscaping, walks, drives and
4090
playgrounds.
4091
may include a lease/purchase contract;
Such
If at least three-fifths
The term of the lease contract shall not exceed twenty
4092
The term "school
The term "lease" as used in this paragraph (v)(i)
(ii)
If two (2) or more school districts propose
4093
to enter into a lease contract jointly, then joint meetings of the
4094
school boards having control may be held but no action taken shall
4095
be binding on any such school district unless the question of
4096
leasing a school building is approved in each participating school
S. B. No. 2602
06/SS02/R484.3
PAGE 123
*SS02/R484.3*
4097
district under the procedure hereinabove set forth in paragraph
4098
(v)(i).
4099
term and amount of the lease contract shall apply to the school
4100
boards of school districts acting jointly.
4101
executed by two (2) or more school districts as joint lessees
4102
shall set out the amount of the aggregate lease rental to be paid
4103
by each, which may be agreed upon, but there shall be no right of
4104
occupancy by any lessee unless the aggregate rental is paid as
4105
stipulated in the lease contract.
4106
under the lease contract shall be in proportion to the amount of
4107
lease rental paid by each;
4108
All of the provisions of paragraph (v)(i) regarding the
(w)
Any lease contract
All rights of joint lessees
To employ all noninstructional and noncertificated
4109
employees and fix the duties and compensation of such personnel
4110
deemed necessary pursuant to the recommendation of the
4111
superintendent of schools;
4112
4113
4114
(x)
To employ and fix the duties and compensation of
such legal counsel as deemed necessary;
(y)
Subject to rules and regulations of the State Board
4115
of Education, to purchase, own and operate trucks, vans and other
4116
motor vehicles, which shall bear the proper identification
4117
required by law;
4118
(z)
To expend funds for the payment of substitute
4119
teachers and to adopt reasonable regulations for the employment
4120
and compensation of such substitute teachers;
4121
(aa)
To acquire in its own name by purchase all real
4122
property which shall be necessary and desirable in connection with
4123
the construction, renovation or improvement of any public school
4124
building or structure.
4125
property is greater than Fifty Thousand Dollars ($50,000.00), the
4126
school board shall not purchase the property for an amount
4127
exceeding the fair market value of such property as determined by
4128
the average of at least two (2) independent appraisals by
4129
certified general appraisers licensed by the State of Mississippi.
S. B. No. 2602
06/SS02/R484.3
PAGE 124
Whenever the purchase price for such real
*SS02/R484.3*
4130
If the board shall be unable to agree with the owner of any such
4131
real property in connection with any such project, the board shall
4132
have the power and authority to acquire any such real property by
4133
condemnation proceedings pursuant to Section 11-27-1 et seq.,
4134
Mississippi Code of 1972, and for such purpose, the right of
4135
eminent domain is hereby conferred upon and vested in said board.
4136
Provided further, that the local school board is authorized to
4137
grant an easement for ingress and egress over sixteenth section
4138
land or lieu land in exchange for a similar easement upon
4139
adjoining land where the exchange of easements affords substantial
4140
benefit to the sixteenth section land; provided, however, the
4141
exchange must be based upon values as determined by a competent
4142
appraiser, with any differential in value to be adjusted by cash
4143
payment.
4144
under such authority shall terminate when the easement ceases to
4145
be used for its stated purpose.
4146
which is subject to an existing lease shall be burdened by any
4147
such easement except by consent of the lessee or unless the school
4148
district shall acquire the unexpired leasehold interest affected
4149
by the easement;
4150
Any easement rights granted over sixteenth section land
(bb)
No sixteenth section or lieu land
To charge reasonable fees related to the
4151
educational programs of the district, in the manner prescribed in
4152
Section 37-7-335;
4153
(cc)
Subject to rules and regulations of the State
4154
Board of Education, to purchase relocatable classrooms for the use
4155
of such school district, in the manner prescribed in Section
4156
37-1-13;
4157
(dd)
Enter into contracts or agreements with other
4158
school districts, political subdivisions or governmental entities
4159
to carry out one or more of the powers or duties of the school
4160
board, or to allow more efficient utilization of limited resources
4161
for providing services to the public;
S. B. No. 2602
06/SS02/R484.3
PAGE 125
*SS02/R484.3*
4162
(ee)
To provide for in-service training for employees
4163
of the district.
4164
designate two (2) days of the minimum school term, as defined in
4165
Section 37-19-1, for employee in-service training for
4166
implementation of the new statewide testing system as developed by
4167
the State Board of Education.
4168
to approval by the State Board of Education pursuant to uniform
4169
rules and regulations;
4170
(ff)
Until June 30, 1994, the school boards may
Such designation shall be subject
As part of their duties to prescribe the use of
4171
textbooks, to provide that parents and legal guardians shall be
4172
responsible for the textbooks and for the compensation to the
4173
school district for any books which are not returned to the proper
4174
schools upon the withdrawal of their dependent child.
4175
textbook is lost or not returned by any student who drops out of
4176
the public school district, the parent or legal guardian shall
4177
also compensate the school district for the fair market value of
4178
the textbooks;
4179
(gg)
If a
To conduct fund-raising activities on behalf of
4180
the school district that the local school board, in its
4181
discretion, deems appropriate or beneficial to the official or
4182
extracurricular programs of the district; provided that:
4183
(i)
Any proceeds of the fund-raising activities
4184
shall be treated as "activity funds" and shall be accounted for as
4185
are other activity funds under this section; and
4186
(ii)
Fund-raising activities conducted or
4187
authorized by the board for the sale of school pictures, the
4188
rental of caps and gowns or the sale of graduation invitations for
4189
which the school board receives a commission, rebate or fee shall
4190
contain a disclosure statement advising that a portion of the
4191
proceeds of the sales or rentals shall be contributed to the
4192
student activity fund;
4193
4194
(hh)
To allow individual lessons for music, art and
other curriculum-related activities for academic credit or
S. B. No. 2602
06/SS02/R484.3
PAGE 126
*SS02/R484.3*
4195
nonacademic credit during school hours and using school equipment
4196
and facilities, subject to uniform rules and regulations adopted
4197
by the school board;
4198
(ii)
To charge reasonable fees for participating in an
4199
extracurricular activity for academic or nonacademic credit for
4200
necessary and required equipment such as safety equipment, band
4201
instruments and uniforms;
4202
(jj)
To conduct or participate in any fund-raising
4203
activities on behalf of or in connection with a tax-exempt
4204
charitable organization;
4205
(kk)
4206
To exercise such powers as may be reasonably
necessary to carry out the provisions of this section;
4207
(ll)
To expend funds for the services of nonprofit arts
4208
organizations or other such nonprofit organizations who provide
4209
performances or other services for the students of the school
4210
district;
4211
(mm)
To expend federal No Child Left Behind Act funds,
4212
or any other available funds that are expressly designated and
4213
authorized for that use, to pay training, educational expenses,
4214
salary incentives and salary supplements to employees of local
4215
school districts; except that incentives shall not be considered
4216
part of the local supplement as defined in Section 37-151-5(o),
4217
nor shall incentives be considered part of the local supplement
4218
paid to an individual teacher for the purposes of Section
4219
37-19-7(1).
4220
other state funds may not be used for salary incentives or salary
4221
supplements as provided in this paragraph (mm);
4222
Mississippi Adequate Education Program funds or any
(nn)
To use any available funds, not appropriated or
4223
designated for any other purpose, for reimbursement to the
4224
state-licensed employees from both in-state and out-of-state, who
4225
enter into a contract for employment in a school district, for the
4226
expense of moving when the employment necessitates the relocation
4227
of the licensed employee to a different geographical area than
S. B. No. 2602
06/SS02/R484.3
PAGE 127
*SS02/R484.3*
4228
that in which the licensed employee resides before entering into
4229
the contract.
4230
Dollars ($1,000.00) for the documented actual expenses incurred in
4231
the course of relocating, including the expense of any
4232
professional moving company or persons employed to assist with the
4233
move, rented moving vehicles or equipment, mileage in the amount
4234
authorized for county and municipal employees under Section
4235
25-3-41 if the licensed employee used his personal vehicle or
4236
vehicles for the move, meals and such other expenses associated
4237
with the relocation.
4238
moving expenses under this section on more than one (1) occasion
4239
by the same school district.
4240
construed to require the actual residence to which the licensed
4241
employee relocates to be within the boundaries of the school
4242
district that has executed a contract for employment in order for
4243
the licensed employee to be eligible for reimbursement for the
4244
moving expenses.
4245
within the boundaries of the State of Mississippi.
4246
receiving relocation assistance through the Critical Teacher
4247
Shortage Act as provided in Section 37-159-5 shall not be eligible
4248
to receive additional relocation funds as authorized in this
4249
paragraph;
4250
(oo)
The reimbursement shall not exceed One Thousand
No licensed employee may be reimbursed for
Nothing in this section shall be
However, the licensed employee must relocate
Any individual
To use any available funds, not appropriated or
4251
designated for any other purpose, to reimburse persons who
4252
interview for employment as a licensed employee with the district
4253
for the mileage and other actual expenses incurred in the course
4254
of travel to and from the interview at the rate authorized for
4255
county and municipal employees under Section 25-3-41;
4256
(pp)
Consistent with the report of the Task Force to
4257
Conduct a Best Financial Management Practices Review, to improve
4258
school district management and use of resources and identify cost
4259
savings as established in Section 8 of Chapter 610, Laws of 2002,
4260
local school boards are encouraged to conduct independent reviews
S. B. No. 2602
06/SS02/R484.3
PAGE 128
*SS02/R484.3*
4261
of the management and efficiency of schools and school districts.
4262
Such management and efficiency reviews shall provide state and
4263
local officials and the public with the following:
4264
4265
(i)
An assessment of a school district's
governance and organizational structure;
4266
(ii)
4267
financial and personnel management;
4268
(iii)
4269
(iv)
4270
(v)
An assessment of facilities utilization,
An assessment of food services, transportation
and safety/security systems;
4273
4274
An assessment of revenue levels and sources;
planning and maintenance;
4271
4272
An assessment of the school district's
(vi)
An assessment of instructional and
administrative technology;
4275
(vii)
A review of the instructional management and
4276
the efficiency and effectiveness of existing instructional
4277
programs; and
4278
(viii)
Recommended methods for increasing
4279
efficiency and effectiveness in providing educational services to
4280
the public;
4281
(qq)
To enter into agreements with other local school
4282
boards for the establishment of an educational service agency
4283
(ESA) to provide for the cooperative needs of the region in which
4284
the school district is located, as provided in Section 37-7-345.
4285
This paragraph shall repeal on July 1, 2007;
4286
(rr)
To implement a financial literacy program for
4287
students in Grades 10 and 11.
4288
programs and obtain free literature from various nationally
4289
recognized programs.
4290
board may certify a program that is most appropriate for the
4291
school districts' needs.
4292
literacy program, then any student in Grade 10 or 11 may
4293
participate in the program.
S. B. No. 2602
06/SS02/R484.3
PAGE 129
The board may review the national
After review of the different programs, the
If a district implements a financial
The financial literacy program shall
*SS02/R484.3*
4294
include, but is not limited to, instruction in the same areas of
4295
personal business and finance as required under Section
4296
37-1-3(2)(b).
4297
teachers from local community organizations, including, but not
4298
limited to, the following:
4299
Agriculture Rural Development, United States Department of Housing
4300
and Urban Development, Junior Achievement, bankers and other
4301
nonprofit organizations.
4302
construed as to require school boards to implement a financial
4303
literacy program;
4304
The school board may coordinate with volunteer
(ss)
United States Department of
Nothing in this paragraph shall be
To collaborate with the State Board of Education,
4305
Community Action Agencies or the Department of Human Services to
4306
develop and implement a voluntary program to provide services for
4307
a full-day prekindergarten program that addresses the cognitive,
4308
social, and emotional needs of four-year-old and three-year-old
4309
children.
4310
funds, grants, donations or gifts to fund the voluntary program;
4311
The school board may utilize nonstate source special
(tt)
With respect to any lawful, written obligation of
4312
a school district, including, but not limited to, leases
4313
(excluding leases of sixteenth section public school trust land),
4314
bonds, notes, or other agreement, to agree in writing with the
4315
obligee that the State Tax Commission or any state agency,
4316
department or commission created under state law may:
4317
(i)
Withhold all or any part (as agreed by the
4318
school board) of any monies which such local school board is
4319
entitled to receive from time to time under any law and which is
4320
in the possession of the State Tax Commission, or any state
4321
agency, department or commission created under state law; and
4322
(ii)
Pay the same over to any financial
4323
institution, trustee or other obligee, as directed in writing by
4324
the school board, to satisfy all or part of such obligation of the
4325
school district.
S. B. No. 2602
06/SS02/R484.3
PAGE 130
*SS02/R484.3*
4326
The school board may make such written agreement to withhold
4327
and transfer funds irrevocable for the term of the written
4328
obligation and may include in the written agreement any other
4329
terms and provisions acceptable to the school board.
4330
school board files a copy of such written agreement with the State
4331
Tax Commission, or any state agency, department or commission
4332
created under state law then the State Tax Commission or any state
4333
agency, department or commission created under state law shall
4334
immediately make the withholdings provided in such agreement from
4335
the amounts due the local school board and shall continue to pay
4336
the same over to such financial institution, trustee or obligee
4337
for the term of the agreement.
4338
If the
This paragraph (tt) shall not grant any extra authority to a
4339
school board to issue debt in any amount exceeding statutory
4340
limitations on assessed value of taxable property within such
4341
school district or the statutory limitations on debt maturities,
4342
and shall not grant any extra authority to impose, levy or collect
4343
a tax which is not otherwise expressly provided for, and shall not
4344
be construed to apply to sixteenth section public school trust
4345
land;
4346
(uu)
With respect to any matter or transaction that is
4347
competitively bid by a school district, to accept from any bidder
4348
as a good faith deposit or bid bond or bid surety, the same type
4349
of good faith deposit or bid bond or bid surety that may be
4350
accepted by the state or any other political subdivision on
4351
similar competitively bid matters or transactions.
4352
(uu) shall not be construed to apply to sixteenth section public
4353
school trust land.
4354
of any school district funds in the same kind and manner of
4355
investments, including pooled investments, as any other political
4356
subdivision, including community hospitals; * * *
4357
4358
(vv)
This paragraph
The school board may authorize the investment
To utilize the alternate method for the conveyance
or exchange of unused school buildings and/or land, reserving a
S. B. No. 2602
06/SS02/R484.3
PAGE 131
*SS02/R484.3*
4359
partial or other undivided interest in the property, as
4360
specifically authorized and provided in Section 37-7-485,
4361
Mississippi Code of 1972;
4362
(ww)
The governing authority of each individual school
4363
district shall have the power to adopt any orders, resolutions or
4364
ordinances with respect to school district affairs, property and
4365
finances which are not inconsistent with the Mississippi
4366
Constitution of 1890, the Mississippi Code of 1972, or any other
4367
statute or law of the State of Mississippi.
4368
provided, the powers granted to governing authorities of school
4369
districts are complete without the existence of or reference to
4370
any specific authority granted in any other statute or law of the
4371
State of Mississippi and may be exercised unless specifically
4372
prohibited by a statute or law of the State of Mississippi.
4373
Unless such actions are specifically authorized by another statute
4374
or law of the State of Mississippi, this section shall not
4375
authorize the governing authority of a school district to (i) levy
4376
taxes of any kind or increase the levy of any authorized tax, (ii)
4377
issue bonds of any kind, or (iii) the authority to enter into
4378
collective bargaining agreements.
4379
governing authorities of school districts may be exercised unless
4380
specifically prohibited by the statutes or laws of the State of
4381
Mississippi; and
4382
(xx)
Except as otherwise
All other powers of the
In order to provide for economy, efficiency and
4383
cost effectiveness in the delivery of education local district
4384
school boards are hereby given explicit authority and
4385
encouragement to delegate, privatize or otherwise enter into a
4386
contract with private entities for the operation of any and all
4387
functions of nonacademic school process, procedures and
4388
operations, including, but not limited to, cafeteria workers,
4389
janitorial services, transportation, professional development,
4390
achievement, and instructional consulting services materials and
4391
products, purchasing cooperatives, insurance, business manager
S. B. No. 2602
06/SS02/R484.3
PAGE 132
*SS02/R484.3*
4392
services, auditing and accounting services, school safety/risk
4393
prevention, data processing and student records, and other staff
4394
services.
4395
education service agency, are encouraged to enter into buying
4396
consortia with other member districts for the purposes of more
4397
efficient use of state resources as described in Section 37-7-345.
4398
4399
4400
Local districts, working through their regional
SECTION 32.
amended as follows:
25-11-103.
The following words and phrases as used in
4401
Articles 1 and 3, unless a different meaning is plainly required
4402
by the context, have the following meanings:
4403
(a)
"Accumulated contributions" means the sum of all
4404
the amounts deducted from the compensation of a member and
4405
credited to his individual account in the annuity savings account,
4406
together with regular interest as provided in Section 25-11-123.
4407
(b)
"Actuarial cost" means the amount of funds
4408
presently required to provide future benefits as determined by the
4409
board based on applicable tables and formulas provided by the
4410
actuary.
4411
(c)
"Actuarial equivalent" means a benefit of equal
4412
value to the accumulated contributions, annuity or benefit, as the
4413
case may be, when computed upon the basis of such mortality tables
4414
as adopted by the board of trustees, and regular interest.
4415
(d)
"Actuarial tables" means such tables of mortality
4416
and rates of interest as adopted by the board in accordance with
4417
the recommendation of the actuary.
4418
4419
4420
(e)
"Agency" means any governmental body employing
persons in the state service.
(f)
"Average compensation" means the average of the
4421
four (4) highest years of earned compensation reported for an
4422
employee in a fiscal or calendar year period, or combination
4423
thereof that do not overlap, or the last forty-eight (48)
4424
consecutive months of earned compensation reported for an
S. B. No. 2602
06/SS02/R484.3
PAGE 133
*SS02/R484.3*
4425
employee.
The four (4) years need not be successive or joined
4426
years of service.
4427
determined be in excess of One Hundred Fifty Thousand Dollars
4428
($150,000.00).
4429
lawfully paid in a lump sum for personal leave or major medical
4430
leave shall be included in the calculation to the extent that the
4431
amount does not exceed an amount that is equal to thirty (30) days
4432
of earned compensation and to the extent that it does not cause
4433
the employees' earned compensation to exceed the maximum
4434
reportable amount specified in Section 25-11-103(k); however, this
4435
thirty-day limitation shall not prevent the inclusion in the
4436
calculation of leave earned under federal regulations before July
4437
1, 1976, and frozen as of that date as referred to in Section
4438
25-3-99.
4439
and paid upon the death of a member attributable for up to one
4440
hundred fifty (150) days shall be used in the deceased member's
4441
average compensation calculation in determining the beneficiary's
4442
benefits.
4443
be used that are in excess of the amount on which contributions
4444
were required and paid, and no nontaxable amounts paid by the
4445
employer for health or life insurance premiums for the employee
4446
shall be used.
4447
increase in annual salary or compensation of more than eight
4448
percent (8%) retires within twenty-four (24) months from the date
4449
that the increase becomes effective, then the board shall exclude
4450
that part of the increase in salary or compensation that exceeds
4451
eight percent (8%) in calculating that member's average
4452
compensation for retirement purposes.
4453
provision by rule or regulation.
4454
compensation in excess of eight percent (8%) per year granted
4455
within twenty-four (24) months of the date of retirement may be
4456
included in the calculation of average compensation if
4457
satisfactory proof is presented to the board showing that the
In no case shall the average compensation so
In computing the average compensation, any amount
Only the amount of lump-sum pay for personal leave due
In computing the average compensation, no amounts shall
S. B. No. 2602
06/SS02/R484.3
PAGE 134
If any member who is or has been granted any
*SS02/R484.3*
The board may enforce this
However, increases in
4458
increase in compensation was the result of an actual change in the
4459
position held or services rendered, or that the compensation
4460
increase was authorized by the State Personnel Board or was
4461
increased as a result of statutory enactment, and the employer
4462
furnishes an affidavit stating that the increase granted within
4463
the last twenty-four (24) months was not contingent on a promise
4464
or agreement of the employee to retire.
4465
25-3-31 shall affect the calculation of the average compensation
4466
of any member for the purposes of this article.
4467
compensation of any member who retires before July 1, 1992, shall
4468
not exceed the annual salary of the Governor.
4469
(g)
Nothing in Section
The average
"Beneficiary" means any person entitled to receive
4470
a retirement allowance, an annuity or other benefit as provided by
4471
Articles 1 and 3.
4472
organization, estate, trust or entity; however, a beneficiary
4473
designated or entitled to receive monthly payments under an
4474
optional settlement based on life contingency or pursuant to a
4475
statutory monthly benefit may only be a natural person.
4476
event of the death before retirement of any member whose spouse
4477
and/or children are not entitled to a retirement allowance on the
4478
basis that the member has less than four (4) years of service
4479
credit and/or has not been married for a minimum of one (1) year
4480
or the spouse has waived his or her entitlement to a retirement
4481
allowance under Section 25-11-114, the lawful spouse of a member
4482
at the time of the death of the member shall be the beneficiary of
4483
the member unless the member has designated another beneficiary
4484
after the date of marriage in writing, and filed that writing in
4485
the office of the executive director of the board of trustees.
4486
designation or change of beneficiary shall be made in any other
4487
manner.
4488
(h)
The term "beneficiary" may also include an
In the
No
"Board" means the board of trustees provided in
4489
Section 25-11-15 to administer the retirement system created under
4490
this article.
S. B. No. 2602
06/SS02/R484.3
PAGE 135
*SS02/R484.3*
4491
(i)
"Creditable service" means "prior service,"
4492
"retroactive service" and all lawfully credited unused leave not
4493
exceeding the accrual rates and limitations provided in Section
4494
25-3-91 et seq., as of the date of withdrawal from service plus
4495
"membership service" for which credit is allowable as provided in
4496
Section 25-11-109.
4497
the system for the purpose of computing an employee's retirement
4498
allowance or annuity or benefits provided in this article, nothing
4499
in this paragraph shall limit or otherwise restrict the power of
4500
the governing authority of a municipality or other political
4501
subdivision of the state to adopt such vacation and sick leave
4502
policies as it deems necessary.
4503
(j)
Except to limit creditable service reported to
"Child" means either a natural child of the member,
4504
a child that has been made a child of the member by applicable
4505
court action before the death of the member, or a child under the
4506
permanent care of the member at the time of the latter's death,
4507
which permanent care status shall be determined by evidence
4508
satisfactory to the board.
4509
(k)
"Earned compensation" means the full amount earned
4510
by an employee for a given pay period including any maintenance
4511
furnished up to a maximum of One Hundred Fifty Thousand Dollars
4512
($150,000.00) per year, and proportionately for less than one (1)
4513
year of service.
4514
money shall be fixed by the employing state agency, and, in case
4515
of doubt, by the board of trustees as defined in Section 25-11-15.
4516
Earned compensation shall not include any nontaxable amounts paid
4517
by the employer for health or life insurance premiums for an
4518
employee.
4519
the regular periodic compensation paid, exclusive of litigation
4520
fees, bond fees, and other similar extraordinary nonrecurring
4521
payments.
4522
defined by Public Employees' Retirement System laws and
4523
regulations, who is also employed by another covered agency or
The value of that maintenance when not paid in
In any case, earned compensation shall be limited to
In addition, any member in a covered position, as
S. B. No. 2602
06/SS02/R484.3
PAGE 136
*SS02/R484.3*
4524
political subdivision shall have the earnings of that additional
4525
employment reported to the Public Employees' Retirement System
4526
regardless of whether the additional employment is sufficient in
4527
itself to be a covered position.
4528
earned compensation shall be governed by the following:
4529
(i)
In addition, computation of
In the case of constables, the net earnings
4530
from their office after deduction of expenses shall apply, except
4531
that in no case shall earned compensation be less than the total
4532
direct payments made by the state or governmental subdivisions to
4533
the official.
4534
(ii)
In the case of chancery or circuit clerks,
4535
the net earnings from their office after deduction of expenses
4536
shall apply as expressed in Section 25-11-123(f)(4).
4537
(iii)
In the case of members of the State
4538
Legislature, all remuneration or amounts paid, except mileage
4539
allowance, shall apply.
4540
(iv)
The amount by which an eligible employee's
4541
salary is reduced under a salary reduction agreement authorized
4542
under Section 25-17-5 shall be included as earned compensation
4543
under this paragraph, provided this inclusion does not conflict
4544
with federal law, including federal regulations and federal
4545
administrative interpretations under the federal law, pertaining
4546
to the Federal Insurance Contributions Act or to Internal Revenue
4547
Code Section 125 cafeteria plans.
4548
(v)
Compensation in addition to an employee's base
4549
salary that is paid to the employee under the vacation and sick
4550
leave policies of a municipality or other political subdivision of
4551
the state that employs him that exceeds the maximums authorized by
4552
Section 25-3-91 et seq. shall be excluded from the calculation of
4553
earned compensation under this article.
4554
4555
(vi)
The maximum salary applicable for retirement
purposes before July 1, 1992, shall be the salary of the Governor.
S. B. No. 2602
06/SS02/R484.3
PAGE 137
*SS02/R484.3*
4556
(vii)
Nothing in Section 25-3-31 shall affect the
4557
determination of the earned compensation of any member for the
4558
purposes of this article.
4559
(l)
"Employee" means any person legally occupying a
4560
position in the state service, and shall include the employees of
4561
the retirement system created under this article.
4562
"employee" shall not include any employee of a private entity
4563
which leases staff to a local school board to provide
4564
noninstructional services pursuant to Section 37-7-301(uu).
4565
(m)
The term
"Employer" means the State of Mississippi or any of
4566
its departments, agencies or subdivisions from which any employee
4567
receives his compensation.
4568
(n)
"Executive director" means the secretary to the
4569
board of trustees, as provided in Section 25-11-15(9), and the
4570
administrator of the Public Employees' Retirement System and all
4571
systems under the management of the board of trustees.
4572
the term "Executive Secretary of the Public Employees' Retirement
4573
System" or "executive secretary" appears in this article or in any
4574
other provision of law, it shall be construed to mean the
4575
Executive Director of the Public Employees' Retirement System.
4576
4577
(o)
Wherever
"Fiscal year" means the period beginning on July 1
of any year and ending on June 30 of the next succeeding year.
4578
(p)
"Medical board" means the board of physicians or
4579
any governmental or nongovernmental disability determination
4580
service designated by the board of trustees that is qualified to
4581
make disability determinations as provided for in Section
4582
25-11-119.
4583
4584
4585
4586
4587
4588
(q)
"Member" means any person included in the
membership of the system as provided in Section 25-11-105.
(r)
"Membership service" means service as an employee
rendered while a member of the retirement system.
(s)
"Position" means any office or any employment in
the state service, or two (2) or more of them, the duties of which
S. B. No. 2602
06/SS02/R484.3
PAGE 138
*SS02/R484.3*
4589
call for services to be rendered by one (1) person, including
4590
positions jointly employed by federal and state agencies
4591
administering federal and state funds.
4592
determine upon initial employment and during the course of
4593
employment of an employee who does not meet the criteria for
4594
coverage in the Public Employees' Retirement System based on the
4595
position held, whether the employee is or becomes eligible for
4596
coverage in the Public Employees' Retirement System based upon any
4597
other employment in a covered agency or political subdivision.
4598
or when the employee meets the eligibility criteria for coverage
4599
in the other position, then the employer must withhold
4600
contributions and report wages from the noncovered position in
4601
accordance with the provisions for reporting of earned
4602
compensation.
4603
shall not relieve the employee or employer of liability thereof.
4604
The board shall adopt such rules and regulations as necessary to
4605
implement and enforce this provision.
4606
(t)
The employer shall
If
Failure to deduct and report those contributions
"Prior service" means service rendered before
4607
February 1, 1953, for which credit is allowable under Sections
4608
25-11-105 and 25-11-109, and which shall allow prior service for
4609
any person who is now or becomes a member of the Public Employees'
4610
Retirement System and who does contribute to the system for a
4611
minimum period of four (4) years.
4612
(u)
"Regular interest" means interest compounded
4613
annually at such a rate as determined by the board in accordance
4614
with Section 25-11-121.
4615
(v)
"Retirement allowance" means an annuity for life as
4616
provided in this article, payable each year in twelve (12) equal
4617
monthly installments beginning as of the date fixed by the board.
4618
The retirement allowance shall be calculated in accordance with
4619
Section 25-11-111.
4620
retirement benefit in accordance with Section 25-11-111(d) before
4621
March 31, 1971, and those benefits were terminated because of
S. B. No. 2602
06/SS02/R484.3
PAGE 139
However, any spouse who received a spouse
*SS02/R484.3*
4622
eligibility for a social security benefit, may again receive his
4623
spouse retirement benefit from and after making application with
4624
the board of trustees to reinstate the spouse retirement benefit.
4625
(w)
"Retroactive service" means service rendered after
4626
February 1, 1953, for which credit is allowable under Section
4627
25-11-105(b) and Section 25-11-105(k).
4628
(x)
"System" means the Public Employees' Retirement
4629
System of Mississippi established and described in Section
4630
25-11-101.
4631
4632
(y)
"State" means the State of Mississippi or any
political subdivision thereof or instrumentality of the state.
4633
(z)
"State service" means all offices and positions of
4634
trust or employment in the employ of the state, or any political
4635
subdivision or instrumentality of the state, that elect to
4636
participate as provided by Section 25-11-105(f), including the
4637
position of elected or fee officials of the counties and their
4638
deputies and employees performing public services or any
4639
department, independent agency, board or commission thereof, and
4640
also includes all offices and positions of trust or employment in
4641
the employ of joint state and federal agencies administering state
4642
and federal funds and service rendered by employees of the public
4643
schools.
4644
school employees, such as bus drivers, janitors, maids,
4645
maintenance workers and cafeteria employees, shall have the option
4646
to become members in accordance with Section 25-11-105(b), and
4647
shall be eligible to receive credit for services before July 1,
4648
1973, provided that the contributions and interest are paid by the
4649
employee in accordance with that section; in addition, the county
4650
or municipal separate school district may pay the employer
4651
contribution and pro rata share of interest of the retroactive
4652
service from available funds.
4653
retroactive service credit shall be purchased at the actuarial
4654
cost in accordance with Section 25-11-105(b).
Effective July 1, 1973, all nonprofessional public
S. B. No. 2602
06/SS02/R484.3
PAGE 140
From and after July 1, 1998,
*SS02/R484.3*
4655
(aa)
"Withdrawal from service" or "termination from
4656
service" means complete severance of employment in the state
4657
service of any member by resignation, dismissal or discharge.
4658
4659
4660
4661
4662
(bb)
The masculine pronoun, wherever used, includes the
feminine pronoun.
SECTION 33.
amended as follows:
25-11-127.
(1)
(a)
No person who is being paid a
4663
retirement allowance or a pension after retirement under this
4664
article shall be employed or paid for any service by the State of
4665
Mississippi, except as provided in this section.
4666
(b)
No retiree of this retirement system who is
4667
reemployed or is reelected to office after retirement shall
4668
continue to draw retirement benefits while so reemployed, except
4669
as provided in this section.
4670
(c)
No person employed or elected under the exceptions
4671
provided for in this section shall become a member under Article 3
4672
of the retirement system.
4673
(2)
Any person who has been retired under the provisions of
4674
Article 3 and who is later reemployed in service covered by this
4675
article shall cease to receive benefits under this article and
4676
shall again become a contributing member of the retirement system.
4677
When the person retires again, if the reemployment exceeds six (6)
4678
months, the person shall have his or her benefit recomputed,
4679
including service after again becoming a member, provided that the
4680
total retirement allowance paid to the retired member in his or
4681
her previous retirement shall be deducted from the member's
4682
retirement reserve and taken into consideration in recalculating
4683
the retirement allowance under a new option selected.
4684
4685
(3)
The board shall have the right to prescribe rules and
regulations for carrying out the provisions of this section.
S. B. No. 2602
06/SS02/R484.3
PAGE 141
*SS02/R484.3*
4686
(4)
The provisions of this section shall not be construed to
4687
prohibit any retiree, regardless of age, from being employed and
4688
drawing a retirement allowance either:
4689
(a)
For a period of time not to exceed one-half (1/2)
4690
of the normal working days for the position in any fiscal year
4691
during which the retiree will receive no more than one-half (1/2)
4692
of the salary in effect for the position at the time of
4693
employment, or
4694
(b)
For a period of time in any fiscal year sufficient
4695
in length to permit a retiree to earn not in excess of twenty-five
4696
percent (25%) of retiree's average compensation.
4697
To determine the normal working days for a position under
4698
paragraph (a) of this subsection, the employer shall determine the
4699
required number of working days for the position on a full-time
4700
basis and the equivalent number of hours representing the
4701
full-time position.
4702
(1/2) of the required number of working days or up to one-half
4703
(1/2) of the equivalent number of hours and receive up to one-half
4704
(1/2) of the salary for the position.
4705
with multiple employers, the limitation shall equal one-half (1/2)
4706
of the number of days or hours for a single full-time position.
The retiree then may work up to one-half
In the case of employment
4707
Notice shall be given in writing to the executive director,
4708
setting forth the facts upon which the employment is being made,
4709
and the notice shall be given within five (5) days from the date
4710
of employment and also from the date of termination of the
4711
employment.
4712
(5)
Any member may continue in municipal or county elected
4713
office or be elected to a municipal or county office, provided
4714
that the person:
4715
(a)
Files annually, in writing, in the office of the
4716
employer and the office of the executive director of the system
4717
before the person takes office or as soon as possible after
4718
retirement, a waiver of all salary or compensation and elects to
S. B. No. 2602
06/SS02/R484.3
PAGE 142
*SS02/R484.3*
4719
receive in lieu of that salary or compensation a retirement
4720
allowance as provided in this section, in which event no salary or
4721
compensation shall thereafter be due or payable for those
4722
services; however, any such officer or employee may receive, in
4723
addition to the retirement allowance, office expense allowance,
4724
mileage or travel expense authorized by any statute of the State
4725
of Mississippi; or
4726
(b)
Elects to receive compensation for that elective
4727
office in an amount not to exceed twenty-five percent (25%) of the
4728
retiree's average compensation.
4729
term "compensation" shall not include office expense allowance,
4730
mileage or travel expense authorized by a statute of the State of
4731
Mississippi.
4732
paragraph, the member shall file annually, in writing, in the
4733
office of the employer and the office of the executive director of
4734
the system, an election to receive, in addition to a retirement
4735
allowance, compensation as allowed in this paragraph.
4736
As used in this paragraph, the
In order to receive compensation as allowed in this
This section shall not be construed to mean that any employee
4737
of a private entity which leases staff to local school boards to
4738
provide noninstructional services as authorized in Section
4739
37-7-301(uu) shall become a member of the retirement system.
4740
SECTION 34.
(1)
The Mississippi Legislature hereby
4741
establishes the Mississippi Virtual Public School.
4742
declares that:
4743
(a)
It finds and
Meeting the educational needs of children in our
4744
state's schools is of the greatest importance to the future
4745
welfare of Mississippi;
4746
(b)
Closing the achievement gap between high-performing
4747
students, including the achievement gap among at-risk students, is
4748
a significant and present challenge;
4749
4750
(c)
Providing a broader range of educational options to
parents and utilizing existing resources, along with technology,
S. B. No. 2602
06/SS02/R484.3
PAGE 143
*SS02/R484.3*
4751
may help students in our state improve their academic achievement;
4752
and
4753
(d)
Many of our school districts currently lack the
4754
capacity to provide other public school choices for students whose
4755
schools are low performing.
4756
4757
(2)
The Mississippi Legislature further finds and declares
that virtual schools established in this section:
4758
(a)
Provide Mississippi families with an alternative
4759
choice to access additional educational resources in an effort to
4760
improve academic achievement.
4761
(b)
Must be recognized as public schools and provided
4762
equitable treatment and resources as any other public school in
4763
the state.
4764
(c)
Nothing in this section shall preclude the use of
4765
computer- and Internet-based instruction for students in a virtual
4766
or remote setting.
4767
(3)
4768
Definitions:
(a)
"Virtual school" shall mean an independent public
4769
school in which the school uses technology in order to deliver a
4770
significant portion of instruction to its students via the
4771
Internet in a virtual or remote setting.
4772
(b)
"Sponsor" shall mean the public school district,
4773
regional education service agency, charter school board or
4774
Mississippi State Board of Education having a fiduciary
4775
responsibility independently or cooperatively for the operation of
4776
the virtual school.
4777
4778
4779
(4)
Accountability requirements:
(a)
Sponsor.
A virtual school shall be evaluated
annually by its sponsor based on the following criteria:
4780
(i)
The extent to which school demonstrates
4781
increases in student achievement according to the goals of its
4782
authorizing contract and state academic standards.
S. B. No. 2602
06/SS02/R484.3
PAGE 144
*SS02/R484.3*
4783
(ii)
The accountability and viability of the
4784
virtual school, as demonstrated by its academic, fiscal and
4785
operational performance.
4786
(b)
4787
Student and family:
(i)
Each student will have access to a sequential
4788
curriculum that meets or exceeds the state’s academic standards
4789
and that has an interactive program with significant online
4790
components.
4791
(ii)
Each student will be required to have the
4792
Mississippi State Board of Education required number of hours of
4793
learning opportunities per academic year, or a student has
4794
demonstrated mastery or completion of appropriate subject areas.
4795
(iii)
Each student will be assessed regularly in
4796
the required Mississippi Curriculum Tests, Subject Area Tests, and
4797
those tests required by the "No Child Left Behind Act."
4798
4799
(iv)
For each family with a student enrolled, the
virtual school shall:
4800
1.
Provide instructional materials;
4801
2.
Ensure access to necessary technology such
4802
as a computer and printer; and
4803
4804
3.
Ensure access to an Internet connection
used for schoolwork.
4805
(v)
Virtual schools are prohibited from providing
4806
allotments to students or families to purchase instructional
4807
programs or materials.
4808
virtual schools from reimbursing families for costs associated
4809
with their Internet connection for use in the virtual school
4810
program.
4811
4812
4813
4814
(c)
Teacher.
Nothing in this section shall prohibit
Each teacher shall be qualified to teach
in the State of Mississippi under existing law.
(d)
Open enrollment.
Any student who meets state
residency requirements may enroll in a virtual school.
S. B. No. 2602
06/SS02/R484.3
PAGE 145
*SS02/R484.3*
4815
(5)
Costs.
The costs of the Mississippi Virtual Public
4816
School shall be free to any student and shared by the Mississippi
4817
Department of Education and the local school district.
4818
SECTION 35.
4819
amended as follows:
4820
37-3-11.
4821
(1)
Until July 1, 1984, the State Superintendent
of Public Education shall have the power and it shall be his duty:
4822
(a)
To supervise in the manner provided by law the
4823
public free schools, agricultural high schools and junior colleges
4824
of the state and to prescribe such rules and regulations for the
4825
efficient organization and conduct of same, as he may deem
4826
necessary.
4827
4828
4829
4830
4831
(b)
To preside over all meetings of the State Board of
(c)
To collect data for determining the proper
Education.
distribution of the state common school funds.
(d)
To have bound and preserved in his office, as the
4832
property of the state, all such school documents from other states
4833
and governments, books and pamphlets on educational subjects,
4834
school books, apparatus, maps, charts and the like, as shall be or
4835
have been purchased or donated for the use of his office.
4836
4837
4838
(e)
To keep a complete record of all his official acts
and the acts of the State Board of Education.
(f)
To prepare, have printed and furnish all officers
4839
charged with the administration of the laws pertaining to the
4840
public schools, such blank forms and books as may be necessary to
4841
the proper discharge of their duties; all of this printing shall
4842
be paid for out of funds provided by the Legislature.
4843
(g)
To have printed in pamphlet form the laws
4844
pertaining to the public schools and publish therein forms for
4845
conducting school business, the rules and regulations for the
4846
government of schools that he or the board of education may
4847
recommend, and such other matters as may be deemed worthy of
S. B. No. 2602
06/SS02/R484.3
PAGE 146
*SS02/R484.3*
4848
public interest pertaining to the public schools; all of this
4849
printing shall be paid for out of funds provided by the
4850
Legislature.
4851
(h)
To meet the county superintendents annually at such
4852
time and place as he shall appoint for the purpose of accumulating
4853
facts relative to schools, to review the educational progress made
4854
in the various sections of the state, to compare views, discuss
4855
problems, hear discussions and suggestions relative to
4856
examinations and qualifications of teachers, methods of
4857
instruction, textbooks, summer schools for teachers, visitation of
4858
schools, consolidation of schools, health work in the schools,
4859
vocational education and other matters pertaining to the public
4860
school system.
4861
(i)
To advise the county superintendents upon all
4862
matters involving the welfare of the schools, and at the request
4863
of any county superintendent to give his opinion upon a written
4864
statement of facts on all questions and controversies arising out
4865
of the interpretation and construction of the school laws, in
4866
regard to rights, powers and duties of school officers and county
4867
superintendents, and to keep a record of all such decisions.
4868
Before giving any opinion, the superintendent may submit the
4869
statement of facts to the Attorney General for his advice thereon,
4870
and it shall be the duty of the Attorney General forthwith to
4871
examine such statement, and suggest the proper decision to be made
4872
upon such facts.
4873
(j)
To require annually, and as often as he may deem
4874
proper, of county superintendents, detailed reports on the
4875
educational business of the various counties.
4876
(k)
To make reports concerning agricultural high
4877
schools and serve on various committees and boards as provided by
4878
law.
S. B. No. 2602
06/SS02/R484.3
PAGE 147
*SS02/R484.3*
4879
(l)
On or before January 10 in each year in which the
4880
Legislature meets in regular session, to prepare, and have printed
4881
a report to the Legislature showing:
4882
4883
(i)
The receipts and disbursements of all school
funds officially handled by him;
4884
(ii)
The number of school districts, school
4885
teachers employed, and pupils taught therein, and the attendance
4886
of pupils;
4887
(iii)
County and district levies for common
4888
schools, high schools, agricultural high schools, consolidated
4889
schools and junior colleges;
4890
(iv)
The conditions of vocational education in the
4891
State of Mississippi, a list of schools to which federal and state
4892
aid has been given, and a detailed statement of the expenditures
4893
of federal funds and the state funds that may be provided;
4894
(v)
Such general matters, information and
4895
recommendations as relate, in his opinion, to the educational
4896
interests of the state.
4897
(m)
To determine the number of educable children in the
4898
several school districts of the state under rules and regulations
4899
to be prescribed by the State Board of Education.
4900
4901
4902
(n)
To perform such other duties in the administration
of the public schools as may be required by law.
(2)
From and after July 1, 1984, the State Superintendent of
4903
Public Education shall perform the duties assigned to him by the
4904
State Board of Education, and he shall have the following duties:
4905
4906
(a)
To serve as Secretary for the State Board of
Education;
4907
(b)
4908
Department of Education;
4909
(c)
4910
To be the chief administrative officer of the State
To recommend to the State Board of Education for
its consideration rules and regulations for the supervision of the
S. B. No. 2602
06/SS02/R484.3
PAGE 148
*SS02/R484.3*
4911
public free schools and agricultural high schools of the state and
4912
for the efficient organization and conduct of the same;
4913
(d)
To collect data and make it available to the State
4914
Board for determining the proper distribution of the state common
4915
school funds;
4916
(e)
To keep a complete record of all official acts of
4917
the State Superintendent and the acts of the State Board of
4918
Education;
4919
(f)
To prepare, have printed and furnish all officers
4920
charged with the administration of the laws pertaining to the
4921
public schools, such blank forms and books as may be necessary to
4922
the proper discharge of their duties, said printing to be paid for
4923
out of funds provided by the Legislature;
4924
(g)
To have printed in pamphlet form the laws
4925
pertaining to the public schools and publish therein forms for
4926
conducting school business, the rules and regulations for the
4927
government of schools that the State Superintendent or the Board
4928
of Education may recommend, and such other matters as may be
4929
deemed worthy of public interest pertaining to the public schools,
4930
said printing to be paid for out of funds provided by the
4931
Legislature;
4932
(h)
To meet all superintendents annually at such time
4933
and place as the State Superintendent shall appoint for the
4934
purpose of accumulating facts relative to schools, to review the
4935
educational progress made in the various sections of the state, to
4936
compare views, discuss problems, hear discussions and suggestions
4937
relative to examinations and qualifications of teachers, methods
4938
of instruction, textbooks, summer schools for teachers, visitation
4939
of schools, consolidation of schools, health work in the schools,
4940
vocational education and other matters pertaining to the public
4941
school system;
4942
4943
(i)
To advise all superintendents upon all matters
involving the welfare of the schools, and at the request of any
S. B. No. 2602
06/SS02/R484.3
PAGE 149
*SS02/R484.3*
4944
superintendent to give an opinion upon a written statement of
4945
facts on all questions and controversies arising out of the
4946
interpretation and construction of the school laws, in regard to
4947
rights, powers and duties of school officers and superintendents,
4948
and to keep a record of all such decisions.
4949
opinion, the superintendent may submit the statement of facts to
4950
the Attorney General, and it shall be the duty of the Attorney
4951
General forthwith to examine such statement and suggest the proper
4952
decision to be made upon such fact;
4953
(j)
Before giving any
To require annually, and as often as the State
4954
Superintendent may deem proper, of all superintendents, detailed
4955
reports on the educational business of the various districts;
4956
(k)
On or before January 10 in each year to prepare
4957
under the direction of the State Board of Education and have
4958
printed the annual report of the board to the Legislature showing:
4959
4960
(i)
The receipts and disbursements of all school
funds handled by the board;
4961
(ii)
The number of school districts, school
4962
teachers employed, school administrators employed, pupils taught
4963
and the attendance record of pupils therein;
4964
4965
(iii)
County and district levies for each school
district and agricultural high school;
4966
(iv)
The condition of vocational education, a list
4967
of schools to which federal and state aid has been given, and a
4968
detailed statement of the expenditures of federal funds and the
4969
state funds that may be provided, and the ranking of subjects
4970
taught as compared with the state's needs;
4971
(v)
Reports of Expenditures for public schools
4972
shall be divided into the following categories and function codes,
4973
and shall show the same level of detail as reports completed prior
4974
to FY2006.
4975
the State Department of Education upon request.
4976
Total Student Expenditures
These reports shall be made available by district from
S. B. No. 2602
06/SS02/R484.3
PAGE 150
*SS02/R484.3*
4977
Instruction (1000s);
4978
Other Student Instructional Expenditures (2100s,
4979
2200s);
4980
General Administration (2300s and 2500s);
4981
School Administration (2400s);
4982
Other Expenditures (2600s, 2700s, 2800s, 3100s, 3200s);
4983
Non-Operational Expenditures (4000s, 5000s, 6000s).
4984
(vi)
Such general matters, information and
4985
recommendations as relate, in the board's opinion, to the
4986
educational interests of the state;
4987
(l)
To determine the number of educable children in the
4988
several school districts under rules and regulations prescribed by
4989
the State Board of Education;
4990
4991
4992
(m)
To perform such other duties as may be prescribed
by the State Board of Education.
SECTION 36.
4993
amended as follows:
4994
37-61-9.
(1)
On or before the fifteenth day of August of
4995
each year, the local school board of each school district, with
4996
the assistance of the superintendent of schools, shall prepare and
4997
file with the levying authority for the school district, as
4998
defined in Section 37-57-1, Mississippi Code of 1972, at least two
4999
(2) copies of a budget of estimated expenditures for the support,
5000
maintenance and operation of the public schools of the school
5001
district for the fiscal year commencing on July 1 of such year.
5002
Such budget shall be prepared on forms prescribed and provided by
5003
the State Auditor and shall contain such information as the State
5004
Auditor may require.
5005
(2)
In addition, on or before the fifteenth day of August of
5006
each year, the local school board of each school district, with
5007
5008
file with the State Department of Education such budgetary
5009
information as the State Board of Education may require.
S. B. No. 2602
06/SS02/R484.3
PAGE 151
*SS02/R484.3*
The
5010
State Board of Education shall prescribe and provide forms to each
5011
school district for this purpose.
5012
(3)
Prior to the adoption of a budget pursuant to this
5013
section, the school board of each school district shall hold at
5014
least one (1) public hearing to provide the general public with an
5015
opportunity to comment on the taxing and spending plan
5016
incorporated in the proposed budget.
5017
held at least one (1) week prior to the adoption of the budget
5018
with advance notice.
5019
synopsis of such budget in a form prescribed by the State
5020
Department of Audit shall be published in a newspaper having
5021
general circulation in the school district on a date different
5022
from the date on which the county or any municipality therein may
5023
publish its budget.
5024
(4)
The public hearing shall be
After final adoption of the budget, a
Beginning with the fiscal year 1995-1996, there shall be
5025
imposed limitations on budgeted expenditures for certain
5026
administration costs, as defined hereinafter, in an amount not
5027
greater than One Hundred Fifty Thousand Dollars ($150,000.00) plus
5028
four percent (4%) of the expenditures of all school districts each
5029
year.
5030
shall be defined as expenditures for salaries and fringe benefits
5031
paid for central administration costs from all sources of revenue
5032
in the following expenditure functions as defined in the
5033
MISSISSIPPI PUBLIC SCHOOL DISTRICT FINANCIAL ACCOUNTING MANUAL:
5034
For purposes of this subsection, "administration costs"
2300 =
Support Services - General Administration
5035
2310 =
Board of Education Services
5036
2320 =
Executive Administration Services
5037
2330 =
Special Area Administration Services
5038
2500 =
Business Services
5039
2510 =
Fiscal Services
5040
2520 =
Purchasing Services
5041
2530 =
Warehousing and Distributing Services
5042
2540 =
Printing, Publishing and Duplicating Services
S. B. No. 2602
06/SS02/R484.3
PAGE 152
*SS02/R484.3*
5043
5044
2590 =
Other Support Services - Business
* * *
5045
Any costs classified as "administration costs" for purposes
5046
of this subsection which can be demonstrated by the local school
5047
district to be an expenditure that results in a net cost savings
5048
to the district that may otherwise require budget expenditures for
5049
functions not covered under the definition of administration costs
5050
herein may be excluded from the limitations imposed herein.
5051
local school board shall make a specific finding of such costs and
5052
spread such finding upon its minutes, which shall be subject to
5053
the approval of the Office of Educational Accountability of the
5054
State Department of Education.
5055
make expenditure cuts, as a result of application of this
5056
subsection, shall not be required to reduce such expenditures more
5057
than twenty-five percent (25%) in any year in order to comply with
5058
this mandate.
The
Any school district required to
5059
The State Auditor shall ensure that functions in all
5060
expenditure categories to which this administrative limitation
5061
applies shall be properly classified.
5062
This section shall not apply to central administration with
5063
five (5) or less full-time employees, or to those school districts
5064
which can substantiate that comparable reductions have occurred in
5065
administrative costs for the five-year period immediately prior to
5066
school year 1993-1994.
5067
section may jeopardize the fiscal integrity or operations of the
5068
school district, have an adverse impact on the ability of the
5069
district to deliver educational services, or otherwise restrict
5070
the district from achieving or maintaining a quality education
5071
program, the State Board of Education shall be authorized to
5072
exempt the application of this section to such school district
5073
pursuant to rules and regulations of the State Board of Education
5074
consistent with the intent of this section.
S. B. No. 2602
06/SS02/R484.3
PAGE 153
In the event the application of this
*SS02/R484.3*
5075
SECTION 37.
5076
amended as follows:
5077
37-9-18.
(1)
The superintendent of schools shall furnish to
5078
the school board a financial statement of receipts and
5079
disbursements, by funds, on or before the last working day of the
5080
following month covering the prior month.
5081
be authorized to investigate and audit all financial records of
5082
the superintendent of schools at any and all times.
5083
(2)
The school board shall
The State Auditor, in his discretion, shall audit the
5084
financial records of school districts.
The State Auditor shall
5085
give reasonable notice to school districts regarding the times
5086
during which he will perform such audits.
5087
which the State Auditor is not scheduled to perform an audit, the
5088
school board shall cause all the financial records of the
5089
superintendent of schools to be audited by a certified public
5090
accountant licensed to practice accounting in the State of
5091
Mississippi.
5092
each year, the audit shall be performed by the State Auditor.
5093
Contracts for the audit of public school districts shall be let by
5094
the school board in the manner prescribed by the State Auditor.
5095
The audit shall be conducted in accordance with generally accepted
5096
auditing standards and generally accepted accounting principles,
5097
and the report presented thereon shall be in accordance with
5098
generally accepted accounting principles.
5099
opinion on the general purpose financial statements is a
5100
disclaimer, as that term is defined by generally accepted auditing
5101
standards, or if the State Auditor determines the existence of
5102
serious financial conditions in the district, the State Auditor
5103
shall immediately notify the State Board of Education.
5104
receiving the notice, the State Superintendent of Public Education
5105
shall direct the school district to immediately cease all
5106
expenditures until a financial advisor is appointed by the state
5107
superintendent.
However, if the disclaimer is a result of
S. B. No. 2602
06/SS02/R484.3
PAGE 154
*SS02/R484.3*
In any fiscal year in
If the school board so elects by resolution adopted
If the Auditor's
Upon
5108
conditions caused by Hurricane Katrina 2005 and applies to fiscal
5109
years 2005 and/or 2006, then the Superintendent of Education may
5110
appoint a financial advisor, and may direct the school district to
5111
immediately cease all expenditures until a financial advisor is
5112
appointed.
5113
Board of Education and shall be a certified public accountant or a
5114
qualified business officer.
5115
approval of the State Board of Education:
5116
5117
5118
The financial advisor shall be an agent of the State
(a)
The financial advisor shall, with the
Approve or disapprove all expenditures and all
financial obligations of the district;
(b)
Ensure compliance with any statutes and State Board
5119
of Education rules or regulations concerning expenditures by
5120
school districts;
5121
(c)
Review salaries and the number of all district
5122
personnel and make recommendations to the local school board of
5123
any needed adjustments.
5124
the reduction in local salary supplement, such recommended
5125
reductions shall be only to the extent which will result in the
5126
salaries being comparable to districts similarly situated, as
5127
determined by the State Board of Education.
5128
board, in considering either a reduction in personnel or a
5129
reduction in local supplements, shall not be required to comply
5130
with the time limitations prescribed in Sections 37-9-15 and
5131
37-9-105 and, further, shall not be required to comply with
5132
Sections 37-19-11 and 37-19-7(1) in regard to reducing local
5133
supplements and the number of personnel;
5134
(d)
Should such recommendations necessitate
The local school
Work with the school district's business office to
5135
correct all inappropriate accounting procedures and/or uses of
5136
school district funds and to prepare the school district's budget
5137
for the next fiscal year; and
5138
(e)
Report frequently to the State Board of Education
5139
on the corrective actions being taken and the progress being made
5140
in the school district.
S. B. No. 2602
06/SS02/R484.3
PAGE 155
The financial advisor shall serve until
*SS02/R484.3*
5141
such time as corrective action and progress is being made in such
5142
school district as determined by the State Board of Education with
5143
the concurrence of the State Auditor, or until such time as an
5144
interim conservator is assigned to such district by the State
5145
Board of Education under Section 37-17-6.
5146
shall be responsible for all expenses associated with the use of
5147
the financial advisor.
5148
the school district to meet accreditation standards, the State
5149
Board of Education shall proceed under Section 37-17-6.
5150
(3)
The school district
If the audit report reflects a failure by
When conducting an audit of a public school district,
5151
the Auditor shall test to insure that the school district is
5152
complying with the requirements of Section 37-61-33(3)(a)(iii)
5153
relating to classroom supply funds.
5154
report of all classroom supply funds carried over from previous
5155
years.
5156
compile a report on the compliance or noncompliance by all school
5157
districts with the requirements of Section 37-61-33(3)(a)(iii),
5158
which report must be submitted to the Chairmen of the Education
5159
and Appropriations Committees of the House of Representatives and
5160
Senate.
5161
(4)
The audit must include a
Based upon the audit report, the State Auditor shall
When conducting an audit of a public school district the
5162
State Auditor shall test to ensure correct and appropriate coding
5163
at the function level.
5164
correct and appropriate functional level expenditure codes in both
5165
budgeting and expenditures by school district.
5166
audit report, the State Auditor shall compile a report on the
5167
compliance or noncompliance by all public school districts with
5168
correct and appropriate coding at the function level, which report
5169
must be submitted to the Chairman of the Education and
5170
Appropriations Committees of the Senate and the House of
5171
Representatives.
5172
5173
(5)
The audit must include a report showing
Based upon the
In the event the State Auditor does not perform the
audit examination, then the audit report of the school district
S. B. No. 2602
06/SS02/R484.3
PAGE 156
*SS02/R484.3*
5174
shall be reviewed by the State Auditor for compliance with
5175
applicable state laws before final payment is made on the audit by
5176
the school board.
5177
cancelled checks and other financial records required by law to be
5178
kept and maintained in the case of municipalities shall be
5179
faithfully kept and maintained in the office of the superintendent
5180
of schools under the same provisions and penalties provided by law
5181
in the case of municipal officials.
5182
SECTION 38.
All financial records, books, vouchers,
5183
amended as follows:
5184
37-61-21.
(1)
If it should appear to the superintendent of
5185
schools or the school board of any school district that the
5186
amounts to be received from state appropriations, taxation or any
5187
other source will be more than the amount estimated in the budget
5188
filed and approved, or if it should appear that such amounts shall
5189
be less than the amount estimated, the school board of the school
5190
district, with assistance from the superintendent, may revise the
5191
budget at any time during the fiscal year by increasing or
5192
decreasing the fund budget, in proportion to the increase or
5193
decrease in the estimated amounts.
5194
superintendent of schools or the school board of a school district
5195
that some function of the budget as filed is in excess of the
5196
requirement of that function and that the entire amount budgeted
5197
for such function will not be needed for expenditures therefor
5198
during the fiscal year, the school board of the school district,
5199
with assistance from the superintendent, may transfer resources to
5200
and from functions and funds within the budget when and where
5201
needed; however, no such transfer shall be made from fund to fund
5202
or from function to function which will result in the expenditure
5203
of any money for any purpose different from that for which the
5204
money was appropriated, allotted, collected or otherwise made
5205
available or for a purpose which is not authorized by law.
5206
revision of any budget under the provisions hereof shall be made
S. B. No. 2602
06/SS02/R484.3
PAGE 157
*SS02/R484.3*
If it should appear to the
No
5207
which will permit a fund expenditure in excess of the resources
5208
available for such purpose.
5209
shall be incorporated in the minutes of the school board by
5210
spreading them on the minutes or by attaching them as an addendum.
5211
Final budget revisions, pertinent to a fiscal year, shall be
5212
approved on or before the date set by the State Board of Education
5213
for the school district to submit its financial information for
5214
that fiscal year.
5215
(2)
The revised portions of the budgets
In addition, on or before the fifteenth day of October
5216
of each year, the local school board of each school district, with
5217
5218
file with the State Department of Education year-end financial
5219
statements and such budgetary information as the State Board of
5220
Education may require.
5221
prescribe and provide forms to each school district for this
5222
purpose.
5223
statements after October 15 of each year.
5224
No additional changes shall be made to said financial
SECTION 39.
5225
amended as follows:
5226
37-37-1.
The State Department of Education is hereby
5227
authorized and directed to prescribe and formulate for use by all
5228
school districts of this state, including municipal separate
5229
school districts, adequate accounting systems and other essential
5230
financial records which shall be uniform for all of the school
5231
districts of this state.
5232
method of accounting for and keeping records of all funds
5233
received, handled and disbursed by such school district, whether
5234
derived from taxation or otherwise, including funds derived from
5235
donations, athletic events and other special activities of the
5236
school district.
5237
formulated by the State Department of Education shall be
5238
distributed and disseminated to all of the school districts of
5239
this state and it shall be mandatory that the boards of trustees
S. B. No. 2602
06/SS02/R484.3
PAGE 158
Such uniform system shall include a
The uniform system of accounts so prescribed and
*SS02/R484.3*
5240
of all such school districts install, utilize and follow said
5241
uniform system of accounts in keeping the financial records of the
5242
school district.
5243
SECTION 40.
5244
amended as follows:
5245
37-37-7.
(1)
In making audits under the provisions of this
5246
chapter, the examiners may call the attendance rolls at the
5247
schools, make field investigations and surveys, make checks of the
5248
number of students being transported upon publicly or privately
5249
owned buses, and make other and further examinations and
5250
investigations as may be necessary to determine whether or not the
5251
students reported are actually enrolled in and attending the
5252
public schools or are actually being transported or entitled to
5253
transportation to such public schools.
5254
(2)
In addition to the powers and duties of examiners in
5255
subsection (1), the State Department of Education may establish
5256
policies and procedures to ensure the accuracy and reliability of
5257
student data used to determine state funding for local school
5258
districts, which may include, but are not limited to, the
5259
following:
5260
(a)
On-site audits;
5261
(b)
An auditing process that ensures the timeliness and
5262
accuracy of reports generated by school districts of this state
5263
regarding all student transactions;
5264
(c)
An auditing process that provides for the
5265
timeliness, process and accuracy of the electronic transmission of
5266
all student data to the Mississippi Department of Education,
5267
including, but not limited to, student enrollment, attendance,
5268
transportation, absenteeism, graduation and dropouts and other
5269
student data and administrative functions as deemed necessary;
5270
(d)
An audit of the accuracy and validity of all
5271
student transactions using the Mississippi Student Information
5272
System; and
S. B. No. 2602
06/SS02/R484.3
PAGE 159
*SS02/R484.3*
5273
(e)
An audit process that ensures the timeliness and
5274
accuracy of reports, other than student data, required for
5275
submission in accordance with state law and/or State Board of
5276
Education policies.
5277
Reviews and audits shall be conducted with advance notice,
5278
except that unannounced audits may be made upon the determination
5279
of the State Department of Education when they are necessary due
5280
to complaints or valid concerns.
5281
effort to work with school districts in scheduling audits in
5282
consideration of instructional activities such as statewide
5283
student testing days.
5284
district shall cooperate fully with examiners in providing any
5285
related information requested in order to properly conduct the
5286
review or audit.
5287
SECTION 41.
Examiners shall make every
The Department of Education and the school
5288
amended as follows:
5289
37-61-23.
The superintendent of schools of each school
5290
district shall open and keep regular sets of books, as prescribed
5291
by the State Department of Education, which shall be subject to
5292
inspection during office hours by any citizen so desiring to
5293
inspect the same.
5294
separately and same shall be safely preserved by the
5295
superintendent of schools.
5296
SECTION 42.
The books for each fiscal year shall be kept
5297
amended as follows:
5298
37-61-33.
(1)
There is created within the State Treasury a
5299
special fund to be designated the "Education Enhancement Fund"
5300
into which shall be deposited all the revenues collected pursuant
5301
to Sections 27-65-75(7) and (8) and 27-67-31(a) and (b).
5302
(2)
Of the amount deposited into the Education Enhancement
5303
Fund, Sixteen Million Dollars ($16,000,000.00) shall be
5304
appropriated each fiscal year to the State Department of Education
5305
to be distributed to all school districts.
S. B. No. 2602
06/SS02/R484.3
PAGE 160
*SS02/R484.3*
Such money shall be
5306
distributed to all school districts in the proportion that the
5307
average daily attendance of each school district bears to the
5308
average daily attendance of all school districts within the state
5309
for the following purposes:
5310
(a)
Purchasing, erecting, repairing, equipping,
5311
remodeling and enlarging school buildings and related facilities,
5312
including gymnasiums, auditoriums, lunchrooms, vocational training
5313
buildings, libraries, teachers' homes, school barns,
5314
transportation vehicles (which shall include new and used
5315
transportation vehicles) and garages for transportation vehicles,
5316
and purchasing land therefor.
5317
(b)
Establishing and equipping school athletic fields
5318
and necessary facilities connected therewith, and purchasing land
5319
therefor.
5320
(c)
Providing necessary water, light, heating, air
5321
conditioning and sewerage facilities for school buildings, and
5322
purchasing land therefor.
5323
(d)
As a pledge to pay all or a portion of the debt
5324
service on debt issued by the school district under Sections
5325
37-59-1 through 37-59-45, 37-59-101 through 37-59-115, 37-7-351
5326
through 37-7-359, 37-41-89 through 37-41-99, 37-7-301, 37-7-302
5327
and 37-41-81, or debt issued by boards of supervisors for
5328
agricultural high schools pursuant to Section 37-27-65, if such
5329
pledge is accomplished pursuant to a written contract or
5330
resolution approved and spread upon the minutes of an official
5331
meeting of the district's school board or board of supervisors.
5332
The annual grant to such district in any subsequent year during
5333
the term of the resolution or contract shall not be reduced below
5334
an amount equal to the district's grant amount for the year in
5335
which the contract or resolution was adopted.
5336
provision is to allow school districts to irrevocably pledge a
5337
certain, constant stream of revenue as security for long-term
5338
obligations issued under the code sections enumerated in this
S. B. No. 2602
06/SS02/R484.3
PAGE 161
*SS02/R484.3*
The intent of this
5339
paragraph or as otherwise allowed by law.
5340
Legislature that the provisions of this paragraph shall be
5341
cumulative and supplemental to any existing funding programs or
5342
other authority conferred upon school districts or school boards.
5343
Debt of a district secured by a pledge of sales tax revenue
5344
pursuant to this paragraph shall not be subject to any debt
5345
limitation contained in the foregoing enumerated code sections.
5346
5347
5348
(3)
It is the intent of the
The remainder of the money deposited into the Education
Enhancement Fund shall be appropriated as follows:
(a)
5349
To the State Department of Education as follows:
(i)
Sixteen and sixty-one one-hundredths percent
5350
(16.61%) to the cost of the adequate education program determined
5351
under Section 37-151-7; of the funds generated by the percentage
5352
set forth in this section for the support of the adequate
5353
education program, one and one hundred seventy-eight
5354
one-thousandths percent (1.178%) of the funds shall be
5355
appropriated to be used by the State Department of Education for
5356
the purchase of textbooks to be loaned under Sections 37-43-1
5357
through 37-43-59 to approved nonpublic schools, as described in
5358
Section 37-43-1.
5359
school shall be in the proportion that the average daily
5360
attendance of each nonpublic school bears to the total average
5361
daily attendance of all nonpublic schools;
5362
The funds to be distributed to each nonpublic
(ii)
Seven and ninety-seven one-hundredths percent
5363
(7.97%) to assist the funding of transportation operations and
5364
maintenance pursuant to Section 37-19-23; and
5365
(iii)
Nine and sixty-one one-hundredths percent
5366
(9.61%) for classroom supplies, instructional materials and
5367
equipment, including computers and computer software, to be
5368
distributed to all school districts in the proportion that the
5369
average daily attendance of each school district bears to the
5370
average daily attendance of all school districts within the state.
5371
Classroom supply funds shall not be expended for administrative
S. B. No. 2602
06/SS02/R484.3
PAGE 162
*SS02/R484.3*
5372
purposes.
Local school districts shall allocate classroom supply
5373
funds equally among all classroom teachers in the school district.
5374
For purposes of this subparagraph, "teacher" means any employee of
5375
the school board of a school district who is required by law to
5376
obtain a teacher's license from the State Department of Education
5377
and who is assigned to an instructional area of work as defined by
5378
the department, but shall not include a federally funded teacher.
5379
Two (2) or more teachers may agree to pool their classroom supply
5380
funds for the benefit of a school within the district.
5381
intent of the Legislature that all classroom teachers shall be
5382
involved in the development of a spending plan that addresses
5383
individual classroom needs and supports the overall goals of the
5384
school regarding supplies, instructional materials, equipment,
5385
computers or computer software under the provisions of this
5386
subparagraph, including the type, quantity and quality of such
5387
supplies, materials and equipment.
5388
in writing to the school principal for approval.
5389
funds allocated under this subparagraph shall supplement, not
5390
replace, other local and state funds available for the same
5391
purposes.
5392
received under this subparagraph in the year in which they are
5393
received, but such funds may be carried forward for expenditure in
5394
any succeeding school year.
5395
teachers with an approved spending plan that has not been fully
5396
funded need not expend the funds allocated under this subparagraph
5397
in the year in which they are received.
5398
forward for expenditure in any subsequent school year in which
5399
their plan is fully funded.
5400
funds allocated under this subparagraph that remain unspent,
5401
unless it is reserved in an approved spending plan, by March 31 of
5402
the fiscal year in which they were allotted, shall be utilized by
5403
the school where the teacher is employed for instructional supply
5404
and equipment purposes.
It is the
This plan shall be submitted
Classroom supply
School districts need not fully expend the funds
S. B. No. 2602
06/SS02/R484.3
PAGE 163
Any individual teacher or group of
Such funds may be carried
However, beginning July 1, 2006, any
*SS02/R484.3*
5405
develop and promulgate rules and regulations for the
5406
administration of this subparagraph consistent with the above
5407
criteria, with particular emphasis on allowing the individual
5408
teachers to expend funds as they deem appropriate;
5409
(b)
Twenty-two and nine one-hundredths percent (22.09%)
5410
to the Board of Trustees of State Institutions of Higher Learning
5411
for the purpose of supporting institutions of higher learning; and
5412
(c)
Fourteen and forty-one one-hundredths percent
5413
(14.41%) to the State Board for Community and Junior Colleges for
5414
the purpose of providing support to community and junior colleges.
5415
(4)
The amount remaining in the Education Enhancement Fund
5416
after funds are distributed as provided in subsections (2) and (3)
5417
of this section shall be disbursed as follows:
5418
(a)
Twenty-five Million Dollars ($25,000,000.00) shall
5419
be deposited into the Working Cash-Stabilization Reserve Fund
5420
created pursuant to Section 27-103-203(1), until the balance in
5421
such fund reaches the maximum balance of seven and one-half
5422
percent (7-1/2%) of the General Fund appropriations in the
5423
appropriate fiscal year.
5424
Cash-Stabilization Reserve Fund is reached, such money shall
5425
remain in the Education Enhancement Fund to be appropriated in the
5426
manner provided for in paragraph (b) of this subsection.
5427
5428
5429
(b)
After the maximum balance in the Working
The remainder shall be appropriated for other
educational needs.
(5)
None of the funds appropriated pursuant to subsection
5430
(3)(a) of this section shall be used to reduce the state's General
5431
Fund appropriation for the categories listed in an amount below
5432
the following amounts:
5433
(a)
For subsection (3)(a)(ii) of this section,
5434
Thirty-six Million Seven Hundred Thousand Dollars
5435
($36,700,000.00);
5436
5437
(b)
For the aggregate of minimum program allotments in
the 1997 fiscal year, formerly provided for in Chapter 19, Title
S. B. No. 2602
06/SS02/R484.3
PAGE 164
*SS02/R484.3*
5438
37, Mississippi Code of 1972, as amended, excluding those funds
5439
for transportation as provided for in subsection (5)(a) in this
5440
section.
5441
5442
5443
SECTION 43.
37-15-38.
The local school boards of public school
5444
districts, the Board of Trustees of State Institutions of Higher
5445
Learning and the State Board for Community and Junior Colleges are
5446
authorized to establish a dual credit system under which students
5447
meeting the prescribed criteria of this section may be enrolled in
5448
a postsecondary institution in Mississippi while they are still in
5449
school.
5450
(a)
Student eligibility.
Prior to the transfer of
5451
appropriate credits earned by qualified high school students from
5452
community and junior colleges and state institutions of higher
5453
learning to the students' home school district, the student must
5454
be properly enrolled in a dual enrollment program.
5455
(b)
Admission criteria for dual enrollment in community
5456
and junior college or university programs.
5457
of the community and junior college districts and the Board of
5458
Trustees of State Institutions of Higher Learning are authorized
5459
to recommend admission criteria for dual enrollment programs under
5460
which high school students may enroll at a community or junior
5461
college or university while they are still attending high school
5462
and enrolled in high school courses.
5463
enroll in community or junior college courses under the dual
5464
enrollment programs if they meet that individual institution's
5465
stated admission requirements.
5466
(c)
The boards of trustees
Students may be admitted to
Tuition and cost responsibility.
Tuition and costs
5467
for university-level courses, and community and junior college
5468
courses under this dual credit program may be paid for by the
5469
postsecondary institution, the local school district, the parents
5470
or legal guardians of the student, grants, foundations or other
S. B. No. 2602
06/SS02/R484.3
PAGE 165
*SS02/R484.3*
5471
private or public sources, and shall be paid directly to the
5472
credit-granting institution.
5473
(d)
Transportation responsibility.
Any transportation
5474
required by a student to participate in the dual enrollment/dual
5475
credit program shall be the responsibility of the parents or legal
5476
guardians of the student, but may be paid for from other private
5477
or public sources.
5478
(e)
School district average daily attendance credit.
5479
When dually enrolled student tuition is paid for by the local
5480
district, the admitted student shall be counted for adequate
5481
education program funding purposes in the average daily attendance
5482
of the public school district in which they attend high school.
5483
(f)
5484
requirements.
5485
admitted to the dual enrollment program shall be recorded on the
5486
college transcript at the university, or community and junior
5487
college where the student attends classes.
5488
university or community and junior college course work may be
5489
released to another institution or used for college graduation
5490
requirements only after the student has received a high school
5491
diploma or has successfully completed the General Educational
5492
Development (GED) test.
5493
(g)
5494
in dual credit courses.
5495
determine course prerequisites for enrolling and receiving dual
5496
credit.
5497
(h)
High school student transcript transfer
Grades and college credits earned by students
The transcript of such
Determining factor of prerequisites for enrollment
The postsecondary institutions will
Process for determining articulation of curriculum
5498
between high school, university, and community and junior college
5499
courses.
5500
offered through Mississippi Curriculum Frameworks shall meet the
5501
outlined competencies requirements.
5502
in Mississippi Curriculum Frameworks shall meet the standards
5503
established at the postsecondary level.
Postsecondary curricula for eligible courses currently
S. B. No. 2602
06/SS02/R484.3
PAGE 166
*SS02/R484.3*
Eligible courses not offered
Postsecondary level
5504
developmental courses shall not meet the requirements of this
5505
program.
5506
established between each postsecondary institution and the
5507
district implementing a dual credit program.
5508
Dual credit memorandum of understandings shall be
(i)
Ineligible courses for dual credit programs.
5509
Unless waived by the school principal, all courses that are
5510
required for subject area testing as a requirement for graduation
5511
from Mississippi Public Schools are not eligible for dual credit.
5512
(j)
Eligible courses for dual credit programs.
Courses
5513
eligible for dual credit should include foreign languages,
5514
advanced math courses, advanced science courses, performing arts,
5515
advanced business and technology, and career and technical
5516
courses.
5517
dual credit must receive unconditional approval from the
5518
superintendent of the local school district and the chief academic
5519
officer at the participating community and junior college or
5520
university.
5521
make the final decision on what courses they shall grant semester
5522
hour credit.
5523
decision on the transfer of college or university credit to the
5524
student's high school transcript.
5525
These courses and any additional courses considered for
Universities and community and junior colleges shall
The local school superintendent shall make the final
(k)
High school Carnegie unit equivalency.
One (1)
5526
three-hour university or community and junior college course shall
5527
be equal to one-half (1/2) high school Carnegie unit.
5528
Carnegie unit may be awarded for a three-hour university or
5529
college course upon approval of the Mississippi Department of
5530
Education.
5531
that are less than three (3) hours shall be developed between the
5532
local school district and participating postsecondary
5533
institutions.
5534
(l)
A full
Partial credit agreements for postsecondary courses
Course alignment.
Once alignment is achieved
5535
between university courses, community and junior college courses,
5536
and State Board of Education approved high school courses, the
S. B. No. 2602
06/SS02/R484.3
PAGE 167
*SS02/R484.3*
5537
universities, community and junior colleges and high schools have
5538
the duty to review their respective policies and assess the place
5539
of dual credit courses within the context of their traditional
5540
offerings.
5541
(m)
Maximum dual credits allowed.
It shall be a stated
5542
goal of the dual credit program to make possible for every student
5543
who desires to do so to earn a semester's worth of college credit
5544
in high school, saving Mississippi's parents thousands of dollars
5545
in tuition, and increasing the academic rigor of the senior year
5546
for Mississippi students.
5547
student shall be allowed to earn an unlimited number of college or
5548
university credits for dual credit as long as a B average is
5549
earned on the first two (2) approved dual credit courses.
5550
the completion of two (2) courses if a B average is not
5551
maintained, the student shall not be allowed to continue
5552
participation in the dual credit program.
5553
participation in the dual credit program may or may not affect
5554
participation in the dual enrollment program.
5555
(n)
5556
A qualified dually enrolled high school
After
Disallowance of
Dual credit program allowances.
(i)
Examination preparation.
Taught at high
5557
school by qualified teacher; credit at secondary level obtained
5558
after completion of course and passing exams, i.e., Advanced
5559
Placement and International Baccalaureate courses whereby high
5560
school students are allowed CLEP credit by making a three (3) or
5561
higher on end-of-course exams.
5562
(ii)
School-based.
Taught at high school or may
5563
be taught at designated postsecondary site by a district-employed
5564
qualified teacher approved as instructor by collaborating college
5565
or university.
5566
(iii)
College/university-based.
Taught at
5567
college, university or high school by instructor employed by
5568
college or university and approved by collaborating district.
S. B. No. 2602
06/SS02/R484.3
PAGE 168
*SS02/R484.3*
5569
(iv)
Online.
May include eligible courses offered
5570
by the Mississippi Virtual Public School or any postsecondary
5571
institution.
5572
(o)
5573
Qualifications of dual credit instructors.
(i)
Dual credit academic instructors shall have at
5574
a minimum a master’s degree with at least eighteen (18) graduate
5575
semester hours in their field of expertise.
5576
community and junior college personnel shall have the sole
5577
authority in the selection of dual credit instructors.
5578
(ii)
University and
Dual credit career and technical education
5579
instructors shall meet the requirements set forth by the State
5580
Board for Community and Junior Colleges in the qualifications
5581
manual for postsecondary Career and Technical personnel.
5582
University and community and junior college personnel shall have
5583
the sole authority in the selection of dual credit instructors.
5584
(p)
Guidance on local agreements.
The Chief Academic
5585
Officer of the Mississippi Board of Trustees of State Institutions
5586
of Higher Learning and the Chief Academic Officer of the State
5587
Board for Community and Junior Colleges shall develop a template
5588
to be used by the individual community colleges and area
5589
institutions of higher learning for consistent implementation
5590
across the State of Mississippi.
5591
5592
SECTION 44.
5593
37-15-39.
(1)
The purpose of this section is to ensure that
5594
each student has a sufficient education for success after high
5595
school and that all students have equal access to a substantive
5596
and rigorous curriculum that is designed to challenge their minds
5597
and enhance their knowledge skill.
5598
(2)
5599
For purposes of this section:
(a)
"Advanced placement course" means any high school
5600
level preparatory course for a college advanced placement test
5601
that:
S. B. No. 2602
06/SS02/R484.3
PAGE 169
*SS02/R484.3*
5602
(i)
Incorporates all topics specified by
5603
recognized advanced placement authorities on standards for a given
5604
subject area; and
5605
5606
5607
(ii)
Is approved by recognized advanced placement
authorities;
(b)
"Dual enrollment course" means a postsecondary
5608
level course(s) offered by state institutions of higher learning
5609
and community or junior colleges, upon successful completion would
5610
qualify for academic credit in both the postsecondary institution
5611
and public high school;
5612
(c)
"Pre-advanced placement course" means a middle
5613
school, junior high school or high school level course that
5614
specifically prepares students to enroll and to participate in an
5615
advanced placement course;
5616
(d)
"Vertical team" means a group of educators from
5617
different grade levels in a given discipline who work
5618
cooperatively to develop and implement a vertically aligned
5619
program aimed at helping students from diverse backgrounds acquire
5620
the academic skills necessary for success in the advanced
5621
placement program and other challenging course work; and
5622
(e)
"High concentration of low-income students," used
5623
with respect to a public school or public school district, means a
5624
public school or public school district that serves a student
5625
population fifty percent (50%) or more of whom are low-income
5626
individuals ages five (5) through seventeen (17) years from a
5627
low-income family on the basis of data on children eligible for
5628
the free or reduced-price lunches under the National School Lunch
5629
Act, data on children in families receiving assistance under Part
5630
A of Title IV of the Social Security Act, or data on children
5631
eligible to receive medical assistance under the Medicaid program
5632
under Title XIX of the Social Security Act, or through an
5633
alternate method that combines or extrapolates that data.
S. B. No. 2602
06/SS02/R484.3
PAGE 170
*SS02/R484.3*
5634
5635
(3)
(a)
A teacher of an advanced placement and/or
pre-advanced placement course must obtain appropriate training.
5636
(b)
The State Board of Education shall establish clear,
5637
specific and challenging training guidelines that require teachers
5638
of advanced placement courses and teachers of pre-advanced
5639
placement courses to obtain a recognized advanced placement
5640
authority endorsed training.
5641
(4)
(a)
In order to ensure that each student has a
5642
sufficient education for success after high school and that all
5643
students have equal access to a substantive and rigorous
5644
curriculum that is designed to challenge their minds and enhance
5645
their knowledge skill, school districts should offer pre-advanced
5646
placement courses to prepare students for the demands of advanced
5647
placement course work.
5648
(b)
Funding shall be made available for the 2007-2008
5649
school year so that all sophomores in Mississippi's public schools
5650
shall take an examination that measures students' ability to
5651
succeed in an advance placement course.
5652
(c)
The State Department of Education shall:
5653
(i)
5654
placement courses;
5655
5656
(ii)
Develop rules necessary for the
implementation of advanced placement courses;
5657
5658
Approve all classes designated as pre-advanced
(iii)
Seek federal funding through the Advanced
Placement Incentive Grant Program and other available funding; and
5659
(iv)
Focus funding with the intent to carry out
5660
activities that target school districts serving a high
5661
concentration of low-income students.
5662
(5)
Beginning with the 2007-2008 school year, all school
5663
districts shall offer at least one (1) advanced placement course
5664
in each of the four (4) core areas of math, English, science and
5665
social studies for a total of four (4) courses.
S. B. No. 2602
06/SS02/R484.3
PAGE 171
*SS02/R484.3*
The use of the
5666
state's on-line Advanced Placement Instructional Program is an
5667
appropriate alternative.
5668
(6)
Any high school offering the International Baccalaureate
5669
Diploma Programme shall be exempt from the provisions of
5670
subsection 5 of this section but shall have the right to
5671
participate in teacher training and program funding as any high
5672
school offering advanced placement courses.
5673
SECTION 45.
5674
amended as follows:
5675
37-16-7.
(1)
Each district school board shall establish
5676
standards for graduation from its schools which shall include as a
5677
minimum:
5678
(a)
Mastery of minimum academic skills as measured by
5679
assessments developed and administered by the State Board of
5680
Education.
5681
(b)
Completion of a minimum number of academic credits,
5682
and all other applicable requirements prescribed by the district
5683
school board.
5684
(2)
A student who meets all requirements prescribed in
5685
subsection (1) of this section shall be awarded a standard diploma
5686
in a form prescribed by the state board.
5687
(3)
The State Board of Education may establish student
5688
proficiency standards for promotion to grade levels leading to
5689
graduation.
5690
(4)
In developing an industry-recognized certification
5691
program pursuant to Sections 37-31-61, 37-31-69, 37-31-205 and
5692
37-31-207, the State Board of Education, working with its Division
5693
of Vocational and Technical Education and the State Board for
5694
Community and Junior Colleges, shall:
5695
(a)
For the purposes of awarding credit for graduation,
5696
approve the use of additional or substitute tests for the
5697
correlated Mississippi Curriculum Framework assessment, such as
S. B. No. 2602
06/SS02/R484.3
PAGE 172
*SS02/R484.3*
5698
academic achievement tests, industry certifications or state
5699
licensure examinations; and
5700
(b)
Permit students participating in vocational and
5701
technical education programs designed to enable such students to
5702
pass such industry certification examinations or state licensure
5703
examinations to be awarded, upon obtaining satisfactory scores on
5704
such industry certification or licensure examinations, the
5705
appropriate verified units of credit for one or more vocational
5706
and technical education classes which have been integrated into
5707
the Mississippi Curriculum Framework.
5708
and state licensure examinations may cover relevant classes
5709
related to the Mississippi Curriculum Framework and may, at the
5710
discretion of the board, address some Mississippi Curriculum
5711
Framework for required classes.
5712
SECTION 46.
Such industry certification
5713
amended as follows:
5714
37-31-61.
(1)
For the development of industry-recognized
5715
certifications, the State Board of Education shall incorporate
5716
into its vocational education program a comparable curriculum
5717
framework for mathematics, science, English and social studies,
5718
including history, and other subject areas as may be appropriate.
5719
The board may also authorize, in its regulations for accrediting
5720
public schools in Mississippi, the substitution of industry
5721
certification and state licensure examinations for the curriculum
5722
framework assessments for the purpose of awarding verified units
5723
of credit for vocational education courses, where appropriate.
5724
(2)
In coordination with the Department of Employment
5725
Security, there shall be established, within the Department of
5726
Education, a unit of specialists in vocational education.
5727
unit shall (a) assist in developing and revising local vocational
5728
education programs to integrate into the Mississippi Department of
5729
Education's curriculum framework, (b) provide professional
5730
development for vocational education personnel to improve the
S. B. No. 2602
06/SS02/R484.3
PAGE 173
*SS02/R484.3*
The
5731
quality of vocational education, and (c) seek the input of
5732
business and industry representatives regarding the content and
5733
direction of the vocational education programs in the public
5734
schools of Mississippi.
5735
(3)
The trustees of such school district, as classified and
5736
defined by law, including those already having this authority, and
5737
the trustees of agricultural high schools and community/junior
5738
colleges may, with the consent in writing of the State Board of
5739
Education, establish and conduct such schools, classes or courses,
5740
under the provisions herein stated and under the general
5741
supervision of the board.
5742
SECTION 47.
5743
amended as follows:
5744
37-31-69.
(1)
The school board of a local school district,
5745
in its discretion, may establish and implement a vocational
5746
apprenticeship program in the high schools in that district
5747
through which students may earn high school units for vocational
5748
experience or an industry-recognized certification as defined in
5749
Section 37-31-61 as an alternative to those high school units
5750
required by the school district in addition to the core curriculum
5751
defined by the State Board of Education.
5752
vocational apprenticeship program established pursuant to this
5753
section shall be to provide those students with skills and
5754
training that will lead to gainful employment in a trade or other
5755
specialized vocation or an industry-recognized certification.
5756
(2)
The purpose of a
Students who participate in the vocational
5757
apprenticeship or an industry-recognized certification program
5758
shall be required to complete all high school units comprising the
5759
core curriculum, as defined by the State Board of Education
5760
5761
vocational apprenticeship program may be awarded credit for an
5762
additional eight (8) high school units earned through the
5763
vocational apprenticeship or an industry-recognized certification
S. B. No. 2602
06/SS02/R484.3
PAGE 174
In addition, a student in the
*SS02/R484.3*
5764
program, which units shall apply toward, and must be recognized by
5765
the State Board of Education in fulfillment of, the local school
5766
district's graduation requirements.
5767
vocational apprenticeship program, whereby a student gains actual
5768
work experience through employment in a job approved by the local
5769
school district.
5770
governing the participation of students in the vocational
5771
apprenticeship or an industry-recognized certification program.
5772
(3)
Units may be awarded in the
The local school district shall adopt policies
Students successfully completing a vocational
5773
apprenticeship or an industry-recognized certification program
5774
established pursuant to this section are entitled to a diploma
5775
evidencing graduation from a high school in Mississippi.
5776
SECTION 48.
5777
amended as follows:
5778
37-31-205.
5779
authority to:
5780
(a)
5781
5782
(1)
The State Board of Education shall have the
Expend funds received either by appropriation or
directly from federal or private sources;
(b)
Channel funds to secondary schools, community and
5783
junior colleges and regional vocational-technical facilities
5784
according to priorities set by the board;
5785
(c)
Allocate funds on an annual budgetary basis;
5786
(d)
Set standards for and approve all vocational and
5787
technical education programs or an industry-recognized
5788
certification program in the public school system and community
5789
and junior colleges or other agencies or institutions which
5790
receive state funds and federal funds for such purposes,
5791
including, but not limited to, the following vocational and
5792
technical education programs:
5793
occupational home economics, consumer and homemaking education,
5794
distributive education, business and office, health, industrial
5795
arts, guidance services, technical education, cooperative
5796
education, and all other specialized training not requiring a
S. B. No. 2602
06/SS02/R484.3
PAGE 175
agriculture, trade and industry,
*SS02/R484.3*
5797
bachelor's degree, with the exception of programs of nursing
5798
education regulated under the provisions of Section 37-129-1.
5799
State Board of Education shall authorize local school boards,
5800
within such school board's discretion, to offer distributive
5801
education as a one-hour or two-hour block course.
5802
no reduction of payments from state funding for distributive
5803
education due to the selection of either the one-hour or two-hour
5804
course offering;
5805
(e)
The
There shall be
Set and publish licensure standards for vocational
5806
and technical education personnel.
5807
shall recognize a vocational and technical education teacher's
5808
work when school is not in session which is in the teacher's
5809
particular field of instruction as a means for the teacher to
5810
fulfill the requirements for renewal of the teacher's license.
5811
The board shall establish, by rules and regulations, the
5812
documentation of such work which must be submitted to the board
5813
and the number of actual working hours required to fulfill renewal
5814
requirements.
5815
does not have a bachelor's degree takes classes in fulfillment of
5816
licensure renewal requirements, such classes must be in
5817
furtherance of a bachelor's degree;
5818
5819
(f)
The State Board of Education
If a vocational and technical education teacher who
Require data and information on program performance
from those programs receiving state funds;
5820
(g)
Expend funds to expand career information;
5821
(h)
Supervise and maintain the Division of Vocational
5822
and Technical Education and to utilize, to the greatest extent
5823
possible, the division as the administrative unit of the board
5824
responsible for coordinating programs and services with local
5825
institutions;
5826
(i)
Utilize appropriate staff of the State Department
5827
of Education to perform services for the vocational student
5828
organizations, including, but not limited to, procurement,
5829
accounting services, tax services and banking services.
S. B. No. 2602
06/SS02/R484.3
PAGE 176
*SS02/R484.3*
The
5830
department may also procure and pay for annual audits of the
5831
vocational student organizations using vocational funds or other
5832
available funds of the State Department of Education.
5833
intent of this provision that any related costs be paid with
5834
vocational funds appropriated by the Legislature;
5835
(j)
It is the
Promulgate such rules and regulations necessary to
5836
carry out the provisions of this chapter in accordance with
5837
Section 25-43-1 et seq.;
5838
(k)
Set standards and approve all vocational and
5839
technical education equipment and facilities purchased and/or
5840
leased with state and federal vocational funds;
5841
(l)
Encourage provisions for lifelong learning and
5842
changing personal career preferences and advancement of vocational
5843
and technical education students through articulated programs
5844
between high schools and community and junior colleges;
5845
(m)
Encourage the establishment of new linkages with
5846
business and industry which will provide for a better
5847
understanding of essential labor market concepts;
5848
(n)
Periodically review the funding and reporting
5849
processes required of local school districts by the board or
5850
division with the aim of simplifying or eliminating inefficient
5851
practices and procedures;
5852
(o)
Assist in the development of high technology
5853
programs and resource centers to support current and projected
5854
industrial needs;
5855
(p)
Assist in the development of a technical assistance
5856
program for business and industry which will provide for
5857
industrial training and services, including the transfer of
5858
information relative to new applications and advancements in
5859
technology; and
5860
(q)
Enter into contracts and agreements with the State
5861
Board for Community and Junior Colleges for conditions under which
5862
vocational and technical education programs in community and
S. B. No. 2602
06/SS02/R484.3
PAGE 177
*SS02/R484.3*
5863
junior colleges shall receive state and federal funds which flow
5864
through the State Board of Education for such purposes.
5865
(2)
It is the intent of the Legislature that no vocational
5866
and technical education course or program existing on June 30,
5867
1982, shall be eliminated by the State Board of Education under
5868
the authority vested in paragraph (d) of subsection (1) of this
5869
section prior to June 30, 1985.
5870
Legislature that no vocational and technical education teacher or
5871
other personnel employed on June 30, 1983, shall be discharged due
5872
to licensure standards promulgated by the board under paragraph
5873
(e) of subsection (1) of this section, if any such teacher or
5874
personnel shall have complied with any newly published licensure
5875
standards by June 30, 1985.
5876
shall be construed to abrogate or affect in any manner the
5877
authority of local public school districts or community and junior
5878
colleges to eliminate vocational and technical education courses
5879
or programs or to discharge any vocational and technical education
5880
teacher or other personnel.
5881
(3)
It is further the intent of the
Nothing contained in this section
The State Board of Education and the State Board for
5882
Community and Junior Colleges may provide that every vocational
5883
and technical education course or program in Mississippi may
5884
integrate academic and vocational-technical education through
5885
coherent sequences of courses, so that students in such programs
5886
achieve both academic and occupational competencies or an
5887
industry-recognized certification.
5888
funds available from the 1990 Perkins Act, or other available
5889
federal funds, for an industry-recognized certification through
5890
the accreditation process and the teacher licensure process.
5891
SECTION 49.
5892
amended as follows:
5893
37-31-207.
5894
(1)
The State Board of Education shall have the
following duties:
S. B. No. 2602
06/SS02/R484.3
PAGE 178
The boards may expend federal
*SS02/R484.3*
5895
5896
(a)
To seek the best available projections of
employment and occupations for Mississippians;
5897
(b)
To utilize these projections and other
5898
considerations to set vocational and technical education
5899
priorities;
5900
5901
(c)
To utilize the services of all state agencies
having information regarding the purposes of this chapter;
5902
(d)
To cooperate with the Governor's Office of Job
5903
Development and Training and the Board of Economic Development to
5904
prevent duplication and provide continuity of employment and
5905
training services;
5906
(e)
To conduct evaluations of the success or failure of
5907
vocational-technical programs, including the extent to which
5908
training actually leads to jobs in the field in which the student
5909
was trained;
5910
(f)
Obtain and publish data and information on program
5911
performance from those vocational-technical programs receiving
5912
state funds; and
5913
(g)
To notify local school districts and public
5914
community/junior colleges prior to March 1 annually of any
5915
discontinuation of ongoing vocational programs which would affect
5916
the renewing of contracts with vocational personnel.
5917
(2)
The State Board of Education is directed to partner with
5918
the State Board for Community and Junior Colleges, the Mississippi
5919
Department of Employment Security - Office of the Governor, and
5920
the representatives of the business community appointed by the
5921
Governor to establish the "Industry Certification Partnership"
5922
program to develop and implement a program designed to encourage
5923
businesses in Mississippi to offer potential high school dropout
5924
students a semester scholarship at a community or junior college
5925
for industry specific training after their graduation in return
5926
for their promise or compact to stay in school.
S. B. No. 2602
06/SS02/R484.3
PAGE 179
*SS02/R484.3*
5927
5928
5929
5930
SECTION 50.
There is established a commission to be
known as the "Lifelong Learning Commission."
(2)
The commission shall consist of four (4) members, who
shall serve ex officio, as follows:
5931
5932
(1)
(a)
The Governor of the State of Mississippi, who shall
serve as Chairman;
5933
(b)
The State Superintendent of Education;
5934
(c)
The Commissioner of the State Board for Community
5935
and Junior Colleges; and
5936
(d)
5937
5938
5939
5940
5941
(3)
The Commissioner of Higher Education.
The mission of the Lifelong Learning Commission shall
include, but not be limited to, the following:
(a)
Assess the dropout crisis in Mississippi and
recommend action steps to address it;
(b)
Create a set of common definitions for graduation
5942
and dropout rates that can be used to compare their progress
5943
relative to other states;
5944
5945
5946
5947
5948
5949
5950
5951
5952
(c)
Facilitate agreements to make the Mississippi high
school experience more meaningful;
(d)
To encourage more rigor and relevance in the high
school experience;
(e)
Facilitate the transferability of education from
secondary to postsecondary institutions;
(f)
Raise state awareness on the need for improving
Mississippi's high schools;
(g)
Develop a series of best practices policy actions
5953
state policymakers and legislators can implement to achieve
5954
system-wide high school reform; and
5955
(h)
When necessary, the commission may convene town
5956
hall meetings around the state where students, teachers,
5957
administrators and parents can talk about high school, the senior
5958
year and impediments to greater success.
S. B. No. 2602
06/SS02/R484.3
PAGE 180
*SS02/R484.3*
5959
(4)
The commission may prepare an annual report for the
5960
consideration of the Chairmen of the House and Senate Education
5961
and University and College Committees pertaining to the
5962
information gathered in pursuit of their mission.
5963
(5)
The commission members shall meet at times and places
5964
they deem necessary and use all available resources to fulfill its
5965
mission.
5966
SECTION 51.
5967
amended as follows:
5968
37-21-55.
(1)
The Interagency Advisory Committee for Early
5969
Childhood Services is created to develop and make recommendations
5970
to the Early Childhood Services Interagency Coordinating Council
5971
established under Section 37-21-53 as deemed necessary to
5972
implement the council's responsibilities relating to all programs
5973
serving preschool children and their families in Mississippi.
5974
5975
(2)
The membership of the Interagency Advisory Committee for
Early Childhood Services shall be as follows:
5976
(a)
The Chairmen of the Senate Education, Public Health
5977
and Welfare and Appropriations Committees, or their Senate
5978
designees;
5979
(b)
The Chairmen of the House Education, Public Health
5980
and Welfare and Appropriations Committees, or their House
5981
designees;
5982
(c)
A representative of the Governor;
5983
(d)
5985
(e)
A representative of the State Department of Health;
5986
(f)
A representative of the Department of Human
(g)
A representative of the State Department of Mental
5990
(h)
5991
Rehabilitation Services;
5984
5987
Education;
Services;
5988
5989
Health;
S. B. No. 2602
06/SS02/R484.3
PAGE 181
*SS02/R484.3*
5992
5993
(i)
childhood profession:
5994
5995
(i)
(ii)
(iii)
(iv)
A representative from a public school
prekindergarten program appointed by the Speaker of the House;
6002
6003
A representative from a licensed child care
center appointed by the President of the Senate;
6000
6001
A representative from a regulated family
child care home network appointed by the Governor;
5998
5999
The President of the Mississippi Head Start
Association;
5996
5997
The following representatives of the early
(v)
A representative from a private school
prekindergarten program appointed by the Governor;
6004
(vi)
A representative from a half-day church
6005
sponsored prekindergarten program appointed by the Speaker of the
6006
House;
6007
(vii)
A representative from a university or
6008
college early childhood program appointed by the President of the
6009
Senate;
6010
6011
(viii)
A representative of a tribal early
childhood program appointed by the Governor;
6012
(ix)
A representative of an early childhood
6013
professional organization appointed by the President of the
6014
Senate;
6015
6016
(x)
appointed by the Speaker of the House; and
6017
6018
(xi)
6021
6022
6023
6024
A representative of a community or junior
college early childhood program appointed by the Governor;
6019
6020
A representative of an advocacy organization
(j)
A parent of a preschool-age child appointed by the
(k)
A parent of a preschool-age child with special
Governor;
needs appointed by the Speaker of the House;
(l)
A representative of the cooperative extension
services appointed by the President of the Senate;
S. B. No. 2602
06/SS02/R484.3
PAGE 182
*SS02/R484.3*
6025
(m)
A physician who is a member of the Mississippi
6026
Chapter of the American Academy of Pediatrics, appointed by the
6027
Director of the University Medical Center;
6028
6029
(n)
Forum, or his designee; and
6030
6031
6032
The Director of the Mississippi Public Education
(o)
The Executive Director of the Mississippi Economic
Council, or his designee.
To the extent possible, any representative of a state agency
6033
designated to serve on the Interagency Advisory Committee shall be
6034
the same individual designated to assist the Interagency
6035
Coordinating Council in performing its duties and
6036
responsibilities.
6037
(3)
The advisory committee shall meet upon call of the Early
6038
Childhood Services Interagency Coordinating Council before August
6039
1, 2000, and the council shall appoint a chairman from among the
6040
membership of the advisory committee.
6041
for a one-year term and may be reappointed for subsequent terms.
6042
The advisory committee shall adopt internal organizational
6043
procedures necessary for efficient operation of the advisory
6044
committee and may establish subcommittees for conducting specific
6045
programs and activities.
6046
include duties of officers, a process for selecting officers,
6047
duties of subcommittees, quorum requirements for conducting
6048
business and policies for any staff.
6049
Childhood Services Interagency Coordinating Council shall
6050
designate necessary staff of their departments to assist the
6051
advisory committee in performing its duties and responsibilities.
6052
The advisory committee shall meet and conduct business at least
6053
quarterly.
6054
open to the public, and opportunity for public comment must be
6055
made available at each meeting.
6056
committee shall notify all persons who request such notice as to
6057
the date, time and place of each meeting.
The chairman shall serve
Advisory committee procedures must
The members of the Early
Quarterly meetings of the advisory committee shall be
S. B. No. 2602
06/SS02/R484.3
PAGE 183
*SS02/R484.3*
The staff of the advisory
6058
(4)
The Interagency Advisory Committee for Early Childhood
6059
Services, in addition to responsibilities assigned by the Early
6060
Childhood Services Interagency Coordinating Council, shall perform
6061
each of the following duties:
6062
(a)
Assist in the implementation of the study conducted
6063
by the Task Force on the Development and Implementation of
6064
Comprehensive Early Childhood Services in Mississippi established
6065
under Laws, 1999, Chapter 584;
6066
6067
(b)
Identify services to children which impact early
childhood development and education;
6068
(c)
Identify and recommend methods to facilitate
6069
interagency coordination of service programs for preschool
6070
children; and
6071
(d)
Serve as a forum for information exchange regarding
6072
recommendations and priorities in early childhood development and
6073
education. * * *
6074
6075
* * *
(5)
The Advisory Board of the Interagency Council, with the
6076
consent of a majority of its members, shall have the authority to
6077
direct any state entity with early childhood responsibilities to
6078
be coordinated through the Office of Children and Youth for the
6079
purposes of alignment of the State of Mississippi's early
6080
childhood educational efforts.
6081
(6)
Beginning in July 1, 2006, the Advisory Board of the
6082
Interagency Council shall meet at the discretion of the Director
6083
of the Office of Children and Youth to assess the appropriate
6084
criteria for determining, and implementation of, the educational
6085
components of the state's tiered reimbursement structure.
6086
6087
6088
SECTION 52.
37-3-95.
The State Department of Education and the Board of
6089
Trustees of State Institutions of Higher Learning shall jointly
6090
prepare an annual report for the Legislature and the Governor, to
S. B. No. 2602
06/SS02/R484.3
PAGE 184
*SS02/R484.3*
6091
be submitted by December 1 of each year beginning in 2006, which
6092
shall compile existing data to create a rating system that
6093
measures the performance of the state's public schools of
6094
education.
6095
6096
6097
SECTION 53.
37-7-346.
The State Department of Education and the regional
6098
education service agencies (RESAs) shall jointly prepare a report
6099
to be submitted by December 15, 2006, for consideration of the
6100
Legislature and the Governor, detailing their plans which shall be
6101
enacted by State Board of Education policy of how RESAs will work
6102
in partnership with the State Department of Education to increase
6103
their function as a local provider of educational services and
6104
purchasing consortia as provided in Section 37-7-345(6),
6105
Mississippi Code of 1972.
6106
necessarily be limited to, professional development, instructional
6107
materials, educational technology, curriculum development,
6108
alternative educational programs, purchasing cooperatives,
6109
insurance cooperatives, business manager services, auditing and
6110
accounting services, school safety/risk prevention, data
6111
processing and student records, communications/public information,
6112
employee background checks, grants management, and
6113
printing/publications and internships.
6114
6115
SECTION 54.
These services shall include, but not
S. B. No. 2602
06/SS02/R484.3
PAGE 185
*SS02/R484.3*
ST: Mississippi Education Reform Act of 2006;
enact.
By:
To:
Senator(s) Burton
Finance
1
2
3
4
TO INCREASE THE TERM OF YEARS FOR WHICH THE BOARD OF TRUSTEES OF A
COMMUNITY COLLEGE DISTRICT MAY CONTRACT FOR ENERGY EFFICIENCY
SERVICES; AND FOR RELATED PURPOSES.
5
6
SECTION 1.
7
amended as follows:
8
37-29-67.
9
(1)
The duties of the board of trustees shall be
the general government of the community/junior college and
10
directive of the administration thereof.
11
provisions of Sections 37-29-1 through 37-29-273, the board shall
12
have full power to do all things necessary to the successful
13
operation of the district and the college or colleges or
14
attendance centers located therein to insure educational
15
advantages and opportunities to all the enrollees within the
16
district.
17
(2)
Subject to the
The board of trustees shall be authorized to designate a
18
personnel supervisor or other person employed by the district to
19
recommend teachers and to transmit such recommendations to the
20
board of trustees; however, this authorization shall be restricted
21
to no more than two (2) positions for each employment period in
22
the district.
23
(3)
The delineation and enumeration of the powers and
24
purposes set out in Sections 37-29-1 through 37-29-273 shall be
25
deemed to be supplemental and additional, and shall not be
26
construed to restrict the powers of the board of trustees of the
27
district or of any college located therein so as to deny to the
S. B. No. 2607
06/SS02/R954
PAGE 1
*SS02/R954*
G1/2
28
said district and the college or colleges therein the rights,
29
privileges, and powers previously authorized by statute.
30
(4)
The board of trustees shall have the power to contract,
31
on a shared-savings, lease or lease-purchase basis, for energy
32
efficiency services and/or equipment as prescribed in Section
33
31-7-14, not to exceed fifteen (15) years.
34
(5)
The board of trustees shall be authorized with the
35
approval of the State Board for Community and Junior Colleges, to
36
change the name of the junior college to community college.
37
State Board for Community and Junior Colleges shall establish
38
guidelines for the implementation of any junior college name
39
change.
40
shall hereinafter refer to the junior college district or its
41
successor in name as changed by the board of trustees.
42
The
Any reference to junior college district in this chapter
(6)
The boards of trustees shall purchase and maintain
43
business property insurance and business personal property
44
insurance on all college-owned buildings and/or contents as
45
required by federal law and regulations of the Federal Emergency
46
Management Agency (FEMA) as is necessary for receiving public
47
assistance or reimbursement for repair, reconstruction,
48
replacement or other damage to such buildings and/or contents
49
caused by the Hurricane Katrina Disaster of 2005 or subsequent
50
disasters.
51
from any available source for the purpose of obtaining and
52
maintaining that property insurance.
53
authorized to enter into agreements with the Department of Finance
54
and Administration, local school districts, other community/junior
55
college districts, state institutions of higher learning,
56
community hospitals and/or other state agencies to pool their
57
liabilities to participate in a group business property and/or
58
business personal property insurance program, subject to uniform
59
rules and regulations as may be adopted by the Department of
60
Finance and Administration.
The boards of trustees are authorized to expend funds
S. B. No. 2607
06/SS02/R954
PAGE 2
*SS02/R954*
The boards of trustees are
61
62
SECTION 2.
S. B. No. 2607
06/SS02/R954
PAGE 3
*SS02/R954*
ST: Community college trustees' authority to
contract for energy efficiency services;
increase term limitation.
By: Senator(s) Robertson, Gordon, Tollison,
Butler, Clarke, Dearing, Hyde-Smith, Jackson
(15th), Jackson (11th), Jordan, Walls,
Wilemon
To:
Finance
COMMITTEE SUBSTITUTE
FOR
1
2
3
4
5
6
7
8
9
10
11
TO AUTHORIZE A SALES TAX DIVERSION IN THE AMOUNT OF 18-1/2% OF THE
TOTAL SALES TAX REVENUE COLLECTED ON BUSINESS ACTIVITIES ON THE
CAMPUS OF A STATE INSTITUTION OF HIGHER LEARNING OR COMMUNITY OR
JUNIOR COLLEGE WHOSE CAMPUS IS NOT LOCATED WITHIN THE CORPORATE
LIMITS OF A MUNICIPALITY; TO REQUIRE SUCH AMOUNT TO BE ALLOCATED
FOR DISTRIBUTION TO THE STATE INSTITUTION OF HIGHER LEARNING OR
COMMUNITY OR JUNIOR COLLEGE AND PAID TO THE STATE INSTITUTION OF
HIGHER LEARNING OR COMMUNITY OR JUNIOR COLLEGE; TO AMEND SECTION
27-65-53, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR
RELATED PURPOSES.
12
13
SECTION 1.
14
amended as follows:
15
27-65-75.
On or before the fifteenth day of each month, the
16
revenue collected under the provisions of this chapter during the
17
preceding month shall be paid and distributed as follows:
18
(1)
(a)
On or before August 15, 1992, and each succeeding
19
month thereafter through July 15, 1993, eighteen percent (18%) of
20
the total sales tax revenue collected during the preceding month
21
under the provisions of this chapter, except that collected under
22
the provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on
23
business activities within a municipal corporation shall be
24
allocated for distribution to the municipality and paid to the
25
municipal corporation.
26
succeeding month thereafter, eighteen and one-half percent
27
(18-1/2%) of the total sales tax revenue collected during the
28
preceding month under the provisions of this chapter, except that
29
collected under the provisions of Sections 27-65-15, 27-65-19(3)
30
and 27-65-21, on business activities within a municipal
S. B. No. 2686
06/SS26/R951CS
PAGE 1
On or before August 15, 1993, and each
*SS26/R951CS*
G1/2
31
corporation shall be allocated for distribution to the
32
municipality and paid to the municipal corporation.
33
A municipal corporation, for the purpose of distributing the
34
tax under this subsection, shall mean and include all incorporated
35
cities, towns and villages.
36
Monies allocated for distribution and credited to a municipal
37
corporation under this subsection may be pledged as security for a
38
loan if the distribution received by the municipal corporation is
39
otherwise authorized or required by law to be pledged as security
40
for such a loan.
41
In any county having a county seat that is not an
42
incorporated municipality, the distribution provided under this
43
subsection shall be made as though the county seat was an
44
incorporated municipality; however, the distribution to the
45
municipality shall be paid to the county treasury in which the
46
municipality is located, and those funds shall be used for road,
47
bridge and street construction or maintenance in the county.
48
(b)
49
month thereafter, eighteen and one-half percent (18-1/2%) of the
50
total sales tax revenue collected during the preceding month under
51
the provisions of this chapter, except that collected under the
52
provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on
53
business activities on the campus of a state institution of higher
54
learning or community or junior college whose campus is not
55
located within the corporate limits of a municipality, shall be
56
allocated for distribution to the state institution of higher
57
learning or community or junior college and paid to the state
58
institution of higher learning or community or junior college.
59
(2)
On or before September 15, 1987, and each succeeding
60
month thereafter, from the revenue collected under this chapter
61
during the preceding month, One Million One Hundred Twenty-five
62
Thousand Dollars ($1,125,000.00) shall be allocated for
63
distribution to municipal corporations as defined under subsection
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64
(1) of this section in the proportion that the number of gallons
65
of gasoline and diesel fuel sold by distributors to consumers and
66
retailers in each such municipality during the preceding fiscal
67
year bears to the total gallons of gasoline and diesel fuel sold
68
by distributors to consumers and retailers in municipalities
69
statewide during the preceding fiscal year.
70
Commission shall require all distributors of gasoline and diesel
71
fuel to report to the commission monthly the total number of
72
gallons of gasoline and diesel fuel sold by them to consumers and
73
retailers in each municipality during the preceding month.
74
State Tax Commission shall have the authority to promulgate such
75
rules and regulations as is necessary to determine the number of
76
gallons of gasoline and diesel fuel sold by distributors to
77
consumers and retailers in each municipality.
78
percentage allocation of funds under this subsection for the
79
fiscal year beginning July 1, 1987, and ending June 30, 1988, the
80
State Tax Commission may consider gallons of gasoline and diesel
81
fuel sold for a period of less than one (1) fiscal year.
82
purposes of this subsection, the term "fiscal year" means the
83
fiscal year beginning July 1 of a year.
84
(3)
The State Tax
The
In determining the
For the
On or before September 15, 1987, and on or before the
85
fifteenth day of each succeeding month, until the date specified
86
in Section 65-39-35, the proceeds derived from contractors' taxes
87
levied under Section 27-65-21 on contracts for the construction or
88
reconstruction of highways designated under the highway program
89
created under Section 65-3-97 shall, except as otherwise provided
90
in Section 31-17-127, be deposited into the State Treasury to the
91
credit of the State Highway Fund to be used to fund that highway
92
program.
93
provide to the State Tax Commission such information as is
94
necessary to determine the amount of proceeds to be distributed
95
under this subsection.
The Mississippi Department of Transportation shall
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96
(4)
On or before August 15, 1994, and on or before the
97
fifteenth day of each succeeding month through July 15, 1999, from
98
the proceeds of gasoline, diesel fuel or kerosene taxes as
99
provided in Section 27-5-101(a)(ii)1, Four Million Dollars
100
($4,000,000.00) shall be deposited in the State Treasury to the
101
credit of a special fund designated as the "State Aid Road Fund,"
102
created by Section 65-9-17.
103
or before the fifteenth day of each succeeding month, from the
104
total amount of the proceeds of gasoline, diesel fuel or kerosene
105
taxes apportioned by Section 27-5-101(a)(ii)1, Four Million
106
Dollars ($4,000,000.00) or an amount equal to twenty-three and
107
one-fourth percent (23-1/4%) of those funds, whichever is the
108
greater amount, shall be deposited in the State Treasury to the
109
credit of the "State Aid Road Fund," created by Section 65-9-17.
110
Those funds shall be pledged to pay the principal of and interest
111
on state aid road bonds heretofore issued under Sections 19-9-51
112
through 19-9-77, in lieu of and in substitution for the funds
113
previously allocated to counties under this section.
114
may not be pledged for the payment of any state aid road bonds
115
issued after April 1, 1981; however, this prohibition against the
116
pledging of any such funds for the payment of bonds shall not
117
apply to any bonds for which intent to issue those bonds has been
118
published, for the first time, as provided by law before March 29,
119
1981.
120
this subsection and subsection (9) of this section, there shall be
121
first deducted and paid the amount necessary to pay the expenses
122
of the Office of State Aid Road Construction, as authorized by the
123
Legislature for all other general and special fund agencies.
124
remainder of the fund shall be allocated monthly to the several
125
counties in accordance with the following formula:
126
127
On or before August 15, 1999, and on
Those funds
From the amount of taxes paid into the special fund under
(a)
One-third (1/3) shall be allocated to all counties
in equal shares;
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The
*SS26/R951CS*
128
(b)
One-third (1/3) shall be allocated to counties
129
based on the proportion that the total number of rural road miles
130
in a county bears to the total number of rural road miles in all
131
counties of the state; and
132
(c)
One-third (1/3) shall be allocated to counties
133
based on the proportion that the rural population of the county
134
bears to the total rural population in all counties of the state,
135
according to the latest federal decennial census.
136
For the purposes of this subsection, the term "gasoline,
137
diesel fuel or kerosene taxes" means such taxes as defined in
138
paragraph (f) of Section 27-5-101.
139
The amount of funds allocated to any county under this
140
subsection for any fiscal year after fiscal year 1994 shall not be
141
less than the amount allocated to the county for fiscal year 1994.
142
Any reference in the general laws of this state or the
143
Mississippi Code of 1972 to Section 27-5-105 shall mean and be
144
construed to refer and apply to subsection (4) of Section
145
27-65-75.
146
(5)
One Million Six Hundred Sixty-six Thousand Six Hundred
147
Sixty-six Dollars ($1,666,666.00) each month shall be paid into
148
the special fund known as the "State Public School Building Fund"
149
created and existing under the provisions of Sections 37-47-1
150
through 37-47-67.
151
the last day of each succeeding month hereafter.
152
(6)
Those payments into that fund are to be made on
An amount each month beginning August 15, 1983, through
153
November 15, 1986, as specified in Section 6 of Chapter 542, Laws
154
of 1983, shall be paid into the special fund known as the
155
Correctional Facilities Construction Fund created in Section 6 of
156
Chapter 542, Laws of 1983.
157
(7)
On or before August 15, 1992, and each succeeding month
158
thereafter through July 15, 2000, two and two hundred sixty-six
159
one-thousandths percent (2.266%) of the total sales tax revenue
160
collected during the preceding month under the provisions of this
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161
chapter, except that collected under the provisions of Section
162
27-65-17(2) shall be deposited by the commission into the School
163
Ad Valorem Tax Reduction Fund created under Section 37-61-35.
164
or before August 15, 2000, and each succeeding month thereafter,
165
two and two hundred sixty-six one-thousandths percent (2.266%) of
166
the total sales tax revenue collected during the preceding month
167
under the provisions of this chapter, except that collected under
168
the provisions of Section 27-65-17(2), shall be deposited into the
169
School Ad Valorem Tax Reduction Fund created under Section
170
37-61-35 until such time that the total amount deposited into the
171
fund during a fiscal year equals Forty-two Million Dollars
172
($42,000,000.00).
173
subsection (7) during the fiscal year in excess of Forty-two
174
Million Dollars ($42,000,000.00) shall be deposited into the
175
Education Enhancement Fund created under Section 37-61-33 for
176
appropriation by the Legislature as other education needs and
177
shall not be subject to the percentage appropriation requirements
178
set forth in Section 37-61-33.
179
(8)
On
Thereafter, the amounts diverted under this
180
thereafter, nine and seventy-three one-thousandths percent
181
(9.073%) of the total sales tax revenue collected during the
182
preceding month under the provisions of this chapter, except that
183
collected under the provisions of Section 27-65-17(2), shall be
184
deposited into the Education Enhancement Fund created under
185
Section 37-61-33.
186
(9)
187
thereafter, from the revenue collected under this chapter during
188
the preceding month, Two Hundred Fifty Thousand Dollars
189
($250,000.00) shall be paid into the State Aid Road Fund.
190
(10)
191
thereafter through August 15, 1995, from the revenue collected
192
under this chapter during the preceding month, Two Million Dollars
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193
($2,000,000.00) shall be deposited into the Motor Vehicle Ad
194
Valorem Tax Reduction Fund established in Section 27-51-105.
195
(11)
Notwithstanding any other provision of this section to
196
the contrary, on or before February 15, 1995, and each succeeding
197
month thereafter, the sales tax revenue collected during the
198
preceding month under the provisions of Section 27-65-17(2) and
199
the corresponding levy in Section 27-65-23 on the rental or lease
200
of private carriers of passengers and light carriers of property
201
as defined in Section 27-51-101 shall be deposited, without
202
diversion, into the Motor Vehicle Ad Valorem Tax Reduction Fund
203
established in Section 27-51-105.
204
(12)
205
the contrary, on or before August 15, 1995, and each succeeding
206
207
preceding month under the provisions of Section 27-65-17(1) on
208
retail sales of private carriers of passengers and light carriers
209
of property, as defined in Section 27-51-101 and the corresponding
210
levy in Section 27-65-23 on the rental or lease of these vehicles,
211
shall be deposited, after diversion, into the Motor Vehicle Ad
212
Valorem Tax Reduction Fund established in Section 27-51-105.
213
(13)
On or before July 15, 1994, and on or before the
214
fifteenth day of each succeeding month thereafter, that portion of
215
the avails of the tax imposed in Section 27-65-22 that is derived
216
from activities held on the Mississippi State Fairgrounds Complex,
217
shall be paid into a special fund that is created in the State
218
Treasury and shall be expended upon legislative appropriation
219
solely to defray the costs of repairs and renovation at the Trade
220
Mart and Coliseum.
221
(14)
222
thereafter through July 15, 2005, that portion of the avails of
223
the tax imposed in Section 27-65-23 that is derived from sales by
224
cotton compresses or cotton warehouses and that would otherwise be
225
paid into the General Fund, shall be deposited in an amount not to
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226
exceed Two Million Dollars ($2,000,000.00) into the special fund
227
created under Section 69-37-39.
228
(15)
229
the contrary, on or before September 15, 2000, and each succeeding
230
231
preceding month under the provisions of Section 27-65-19(1)(f) and
232
(g)(i)2, shall be deposited, without diversion, into the
233
Telecommunications Ad Valorem Tax Reduction Fund established in
234
Section 27-38-7.
235
(16)
236
thereafter, the sales tax revenue collected during the preceding
237
month under the provisions of this chapter on the gross proceeds
238
of sales of a project as defined in Section 57-30-1 shall be
239
deposited, after all diversions except the diversion provided for
240
in subsection (1) of this section, into the Sales Tax Incentive
241
Fund created in Section 57-30-3.
242
(17)
243
the contrary, on or before April 15, 2002, and each succeeding
244
245
preceding month under Section 27-65-23 on sales of parking
246
services of parking garages and lots at airports shall be
247
deposited, without diversion, into the special fund created under
248
Section 27-5-101(d).
249
(18)
250
thereafter through July 15, 2008, from the sales tax revenue
251
collected during the preceding month under the provisions of this
252
chapter, Two Million Five Hundred Thousand Dollars ($2,500,000.00)
253
shall be deposited into the Special Funds Transfer Fund created in
254
Section 4 of Chapter 556, Laws of 2003.
255
(19)
(a)
256
257
preceding month under the provisions of this chapter on the gross
258
proceeds of sales of a business enterprise located within a
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*SS26/R951CS*
259
redevelopment project area under the provisions of Sections
260
57-91-1 through 57-91-11, and the revenue collected on the gross
261
proceeds of sales from sales made to a business enterprise located
262
in a redevelopment project area under the provisions of Sections
263
57-91-1 through 57-91-11 (provided that such sales made to a
264
business enterprise are made on the premises of the business
265
enterprise), shall, except as otherwise provided in this
266
subsection (19), be deposited, after all diversions, into the
267
Redevelopment Project Incentive Fund as created in Section
268
57-91-9.
269
(b)
For a municipality participating in the Economic
270
Redevelopment Act created in Sections 57-91-1 through 57-91-11,
271
the diversion provided for in subsection (1) of this section
272
attributable to the gross proceeds of sales of a business
273
enterprise located within a redevelopment project area under the
274
provisions of Sections 57-91-1 through 57-91-11, and attributable
275
to the gross proceeds of sales from sales made to a business
276
enterprise located in a redevelopment project area under the
277
provisions of Sections 57-91-1 through 57-91-11 (provided that
278
such sales made to a business enterprise are made on the premises
279
of the business enterprise), shall be deposited into the
280
Redevelopment Project Incentive Fund as created in Section
281
57-91-9, as follows:
282
(i)
For the first six (6) years in which payments
283
are made to a developer from the Redevelopment Project Incentive
284
Fund, one hundred percent (100%) of the diversion shall be
285
deposited into the fund;
286
(ii)
For the seventh year in which such payments
287
288
Fund, eighty percent (80%) of the diversion shall be deposited
289
into the fund;
290
291
(iii)
For the eighth year in which such payments
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292
Fund, seventy percent (70%) of the diversion shall be deposited
293
into the fund;
294
(iv)
For the ninth year in which such payments are
295
made to a developer from the Redevelopment Project Incentive Fund,
296
sixty percent (60%) of the diversion shall be deposited into the
297
fund; and
298
(v)
For the tenth year in which such payments are
299
made to a developer from the Redevelopment Project Incentive Fund,
300
fifty percent (50%) of the funds shall be deposited into the fund.
301
(20)
The remainder of the amounts collected under the
302
provisions of this chapter shall be paid into the State Treasury
303
to the credit of the General Fund.
304
(21)
It shall be the duty of the municipal officials of any
305
municipality that expands its limits, or of any community that
306
incorporates as a municipality, to notify the commissioner of that
307
action thirty (30) days before the effective date.
308
notify the commissioner shall cause the municipality to forfeit
309
the revenue that it would have been entitled to receive during
310
this period of time when the commissioner had no knowledge of the
311
action.
312
municipality or any overpayment of tax is recovered by the
313
taxpayer, the commissioner may make correction and adjust the
314
error or overpayment with the municipality by withholding the
315
necessary funds from any later payment to be made to the
316
municipality.
317
Failure to so
If any funds have been erroneously disbursed to any
SECTION 2.
318
amended as follows:
319
27-65-53.
If the commissioner finds that the taxpayer has
320
overpaid his tax for any reason and the taxpayer has discontinued
321
business and there is no subsequent liability upon which the
322
excess may be credited, or if the amount of the excess so paid
323
shall exceed the estimated liability for the next twelve (12)
324
months, the excess shall be refunded to the taxpayer.
S. B. No. 2686
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*SS26/R951CS*
Such amount
325
shall be certified to the State Auditor of Public Accounts by the
326
commission.
327
investigation and audit of the claim as he finds necessary.
328
finds that the commissioner is correct in his determination, the
329
auditor may issue his warrant to the State Treasurer in favor of
330
the taxpayer for the amount of tax erroneously paid into the State
331
Treasury, such refunds to be made from current sales tax
332
collections.
333
municipality or state institution of higher learning, under
334
authority of Section 27-65-75, the municipality or state
335
institution of higher learning, having erroneously received the
336
money, shall adjust the amount with the commissioner, or the
337
overpayment may be withheld by the state from any funds due by the
338
state to the municipality or state institution of higher learning.
339
The said auditor is hereby authorized to make such
If he
If part of the overpayment has been disbursed to any
Provided, that where the taxpayer has overpaid his tax, the
340
commissioner may give credit for same and allow the taxpayer to
341
take credit on a subsequent return or, if necessary, in his
342
discretion, have the taxpayer file for a refund as provided
343
herein.
344
If any overpayment of tax as reflected in an application or
345
amended return, or both, filed by the taxpayer, and verified by
346
the commissioner or otherwise determined to be due by the
347
commissioner or commission, is not refunded or credited to a
348
taxpayer's account within ninety (90) days after the application
349
or amended return is filed or the date the commission or
350
commissioner determines a refund is due, whichever is later,
351
interest at the rate of one percent (1%) per month shall be
352
allowed on such overpayment computed for the period after
353
expiration of the ninety-day period provided herein to the date of
354
payment.
355
356
SECTION 3.
S. B. No. 2686
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*SS26/R951CS*
ST: Sales tax; authorize a diversion to state
institutions of higher learning not located
within corporate limits of a municipality.
By: Senator(s) Chaney, Albritton, Hewes,
Gollott, Moffatt
To:
Education; Finance
(As Passed the Senate)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ACT TO AMEND SECTIONS 37-57-108 AND 27-39-333, MISSISSIPPI
CODE OF 1972, TO AUTHORIZE SCHOOL DISTRICTS AFFECTED BY THE
HURRICANE KATRINA DISASTER TO BORROW FUNDS AND ISSUE PROMISSORY
NOTES TO THE FEDERAL GOVERNMENT UNDER THE COMMUNITY DISASTER LOAN
PROGRAM; TO AMEND SECTION 37-29-101, MISSISSIPPI CODE OF 1972, TO
AUTHORIZE THE BOARD OF TRUSTEES OF COMMUNITY OR JUNIOR COLLEGE
DISTRICTS TO BORROW FUNDS FROM THE UNITED STATES GOVERNMENT TO
COMPENSATE FOR THE LOSS OF REVENUE COLLECTED OR ESTIMATED TO BE
COLLECTED ON BEHALF OF THE JUNIOR COLLEGE DISTRICT DURING A FISCAL
YEAR AS A RESULT OF HURRICANE KATRINA; TO AUTHORIZE THE UNIVERSITY
OF SOUTHERN MISSISSIPPI, WITH THE APPROVAL OF THE BOARD OF
TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, TO BORROW FUNDS
FOR THE LIMITED PURPOSE OF REPAIRING DAMAGE RELATED TO HURRICANE
KATRINA; AND FOR RELATED PURPOSES.
15
16
SECTION 1.
17
18
19
20
amended as follows:
[From and after October 24, 2005, through June 30, 2007, this
act shall read as follows:]
37-57-108.
(1)
In the event that the amount of revenue
21
collected or estimated to be collected from local sources, on
22
behalf of a school district during a fiscal year, is less than the
23
amount provided for in the duly adopted budget of said school
24
district for the fiscal year, then the school district may issue
25
promissory notes in an amount and in the manner set forth in
26
Section 27-39-333, not to exceed the estimated shortfall of
27
revenue from local sources, but in no event to exceed twenty-five
28
percent (25%) of its budget anticipated to be funded from the
29
sources of the shortfall for the fiscal year.
30
issuing notes under the provisions of this section shall not be
31
required to publish notice of its intention to do so or to secure
32
the consent of the qualified electors or the tax levying authority
33
of such school district.
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*SS26/R1117PS*
A school district
G3/5
34
(2)
If the amount of revenue collected or estimated to be
35
collected from local sources, on behalf of a school district
36
during a fiscal year, is less than the amount provided for in the
37
duly adopted budget of the school district for the fiscal year as
38
a result of Hurricane Katrina, then the school district may issue
39
promissory notes in an amount and in the manner set forth in
40
Section 27-39-333, not to exceed the estimated shortfall of
41
revenue from local sources, but in no event to exceed fifty
42
percent (50%) of its budget anticipated to be funded from the
43
sources of the shortfall for the fiscal year.
44
issuing promissory notes under this subsection may do so only if
45
such school district receives prior approval by the State
46
Superintendent of Education that the school district received
47
damage from Hurricane Katrina.
48
issue notes under the provisions of this section, the
49
superintendent of the local school district must recommend such
50
action to the school board and the board must duly adopt and enter
51
upon its official minutes a resolution setting forth specific
52
findings as to how the district meets the requirements of this
53
section.
54
(a)
Any school district
In order for a school district to
Revenues collected from local sources on behalf of
55
a school district for any fiscal year shall be deemed to include
56
any funds received or anticipated to be received by the school
57
district from the United States federal government or any agency
58
thereof for the purpose of replacing the loss of operating funds
59
that otherwise would have been derived from local sources for that
60
fiscal year.
61
(b)
Any school district may borrow funds from the
62
United States federal government or any agency thereof to
63
compensate for the loss of revenue collected or estimated to be
64
collected on behalf of the school district from local sources
65
during a fiscal year as a result of Hurricane Katrina may issue
66
its promissory note to the United States federal government or any
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PAGE 2
*SS26/R1117PS*
67
agency thereof, and may comply with and issue the regulations of
68
the United States federal government or agency thereof regarding
69
such promissory note.
70
not authorize any school district to levy taxes or to pledge
71
collateral for the security of such promissory note not otherwise
72
allowed by law.
73
note as an equal co-obligor on any such note, and in the event the
74
State of Mississippi signs such promissory note as a co-obligor,
75
the full faith and credit of the State of Mississippi shall be
76
pledged for the payment of such promissory note.
77
78
79
Provided, however, that this section does
The State of Mississippi may sign any promissory
[From and after July 1, 2007, this act shall read as
follows:]
37-57-108.
In the event that the amount of revenue collected
80
or estimated to be collected from local sources, on behalf of a
81
school district during a fiscal year, is less than the amount
82
provided for in the duly adopted budget of said school district
83
for the fiscal year, then the school district may issue promissory
84
notes in an amount and in the manner set forth in Section
85
27-39-333, not to exceed the estimated shortfall of revenue from
86
local sources, but in no event to exceed twenty-five percent (25%)
87
of its budget anticipated to be funded from the sources of the
88
shortfall for the fiscal year.
89
under the provisions of this section shall not be required to
90
publish notice of its intention to do so or to secure the consent
91
of the qualified electors or the tax levying authority of such
92
school district.
93
94
95
96
97
98
SECTION 2.
A school district issuing notes
amended as follows:
[From and after October 24, 2005, through June 30, 2007, this
act shall read as follows:]
27-39-333. (1)
For purposes of this section, the following
terms shall have the meanings ascribed herein:
S. B. No. 2701
06/SS26/R1117PS
PAGE 3
*SS26/R1117PS*
99
100
(a)
"Political subdivisi

2006 M ISSISSIPPI LEGISLATIVE SESSION

Transcription

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