Bill Text: MS SB2716 | 2017 | Regular Session | Introduced
Bill Title: Postsecondary Education Financial Assistance; establish priority of funding for certain programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-02-09 - Died On Calendar [SB2716 Detail]
Download: Mississippi-2017-SB2716-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Appropriations
By: Senator(s) Blount
Senate Bill 2716
AN ACT TO AMEND SECTION 37-106-12, MISSISSIPPI CODE OF 1972, TO AUTHORIZE FUNDING OF THE HIGHER EDUCATION LEGISLATIVE GRANT PROGRAM, MISSISSIPPI RESIDENT TUITION ASSISTANCE GRANT PROGRAM AND MISSISSIPPI EMINENT SCHOLARS GRANT PROGRAM THROUGH ONE APPROPRIATION FOR FISCAL YEAR 2018 AND ONE APPROPRIATION TO THE POSTSECONDARY EDUCATION FINANCIAL ASSISTANCE TRUST FUND FOR FISCAL YEAR 2019; TO PROVIDE THAT AWARD OFFERS ON STUDENT FINANCIAL ASSISTANCE PROGRAMS SHALL REQUIRE A COMMITMENT TO FUND SUCH OFFERS FOR THE FULL ACADEMIC YEAR; TO AMEND SECTION 37-106-14, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR PRIORITY FUNDING FOR THE HIGHER EDUCATION LEGISLATIVE GRANT PROGRAM; TO AMEND SECTION 37-106-15, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE USE OF THE POSTSECONDARY EDUCATION FINANCIAL ASSISTANCE TRUST FUND FOR ADMINISTRATIVE EXPENSES; TO AMEND SECTION 27-104-13, MISSISSIPPI CODE OF 1972, TO PROHIBIT MID-YEAR REDUCTION OR PRORATION OF AWARDS UNDER THE HIGHER EDUCATION LEGISLATIVE GRANT PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-106-12, Mississippi Code of 1972, is amended as follows:
37-106-12. (1) There is
hereby created in the State Treasury a special trust fund to be known as the "Postsecondary
Education Financial Assistance Trust Fund,"
which shall be used as provided in this
section to ensure a reliable source of funding for student financial assistance
programs during the full academic year.
The trust fund shall consist of all monies designated by the
Legislature for deposit therein and any gift, donation, bequest, trust, grant,
endowment, transfer of money or securities, or any other monies from any source
whatsoever, designated for deposit in the trust fund.
(2) * * *
In creating
this trust fund, it is the intent of the Legislature to provide a reliable
source of funding on a priority basis for the support and maintenance of the
Higher Education Legislative Grant Program ("HELP") under Section 37-106-75,
Mississippi Resident Tuition Assistance Grant Program ("MTAG") under
Section 37-106-29 and Mississippi Eminent Scholars Grant Program
("MESG") under Section 37-106-31 for the full academic year. It is
further the intent of the Legislature to provide for the support and
maintenance of the other state financial aid scholarships, loan and grant
programs authorized by law for the full academic year. The trust
fund shall be appropriated by the Legislature for expenditure as provided in
this chapter.
(3) In each fiscal year the board shall determine the amount required from the trust fund for the support and maintenance of HELP, MTAG and MESG for the next full academic year. After that determination has been made, all monies on deposit in the trust fund up to and including the amount of such future obligations to these programs shall remain on deposit in the trust fund and shall be subject to appropriation by the Legislature.
(4) The amount allocated for HELP, MTAG and MESG in the annual student financial assistance appropriation for each year shall be deposited into the trust fund during the fiscal year in which it is appropriated and shall be set aside for these programs for the next fiscal year. In each subsequent fiscal year, the funds set aside from the previous year shall be used to make award offers to applicants on a rolling basis as soon as an applicant establishes eligibility for these programs.
SECTION 2. Section 37-106-14, Mississippi Code of 1972, is amended as follows:
37-106-14. (1) The Legislature may appropriate funds annually to implement, administer and make awards under the programs provided for in this chapter. The Legislature shall appropriate those funds set aside as provided in Section 37-106-12. The board may seek, accept and expend funds from any source, including private business, industry, foundations and other groups as well as any federal or other governmental funding available for this purpose.
(2) Subject to the
availability of funds, it is the intent of the Legislature to first fund grant
awards to eligible students through the Higher Education Legislative Grant
Program as established in Section 37-106-75. If funds are insufficient to
fully fund grant awards to eligible students for all programs, grant
awards for the Mississippi Tuition Assistance Grant Program under Section 37-106-29
and the Mississippi Eminent Scholars Grant Program under Section 37-106-31
shall be * * *
reduced in equal amounts per student among all eligible students. No
student shall receive any combination of student financial aid in excess of the
cost of attendance. After grant awards are made, it is the intent of the
Legislature to fund forgivable loan awards to eligible renewal students and
then to eligible new students on a first-come, first-served basis.
(3) At the end of the fiscal year, any unexpended balances appropriated by the Legislature for the implementation or administration of programs provided for in this chapter shall not lapse into the State General Fund, but shall carry over and be available for expenditure in the succeeding fiscal year, subject to appropriation therefor by the Legislature.
SECTION 3. Section 37-106-15, Mississippi Code of 1972, is amended as follows:
37-106-15. The * * *
Postsecondary
Education Financial Assistance Trust Fund as provided in Section
37-106- * * *12
shall be utilized to finance the cost of administration of this chapter. * * *
SECTION 4. Section 27-104-13, Mississippi Code of 1972, is amended as follows:
27-104-13. (1) Except as otherwise provided in this subsection (1), the State Fiscal Officer may disapprove or reduce and revise the estimates of general funds and state-source special funds for any general fund or special fund agency and for the "administration and other expenses" budget of the Mississippi Department of Transportation, in an amount not to exceed five percent (5%), if at any time he finds that funds will not be available within the period for which the budget is drawn, or if at any time he finds that the requested expenditures, or any part thereof, are not authorized by law, and that action shall be reported to the Legislative Budget Office.
The State Fiscal Officer may, upon his determination of need based upon a finding that funds will not be available within the period for which the budget is drawn, transfer funds as provided in Section 27-103-203, from the Working Cash-Stabilization Reserve Fund to the General Fund to supplement the general fund revenue.
Except as otherwise provided in this subsection (1), if the estimates of general funds and state-source special funds of all general fund and special fund agencies and of the "administration and other expenses" budget of the Mississippi Department of Transportation have been reduced by five percent (5%), additional reductions may be made, but shall consist of a uniform percentage reduction of general funds and state-source special funds to all general fund and special fund agencies and to the "administration and other expenses" budget of the Mississippi Department of Transportation.
Any state-source special funds reduced under the provisions of this subsection (1) shall be transferred to the State General Fund upon requisitions for warrants signed by the respective agency head, and the transfer shall be made within a reasonable period to be determined by the State Fiscal Officer.
The provisions of this subsection (1) authorizing the State Fiscal Officer to disapprove or reduce and revise the estimates of general funds and state-source special funds for the "administration and other expenses" budget of the Mississippi Department of Transportation shall be suspended during the period from June 30, 2009, through June 30, 2010.
The provisions of this subsection (1) authorizing the State Fiscal Officer to disapprove or reduce and revise the estimates of general funds and state-source special funds shall specifically exclude any reduction of such funds to the Board of Trustees of State Institutions of Higher Learning for the support and maintenance of the Higher Education Legislative Grant Program as provided in Section 37-106-75.
(2) The Department of
Revenue and University Research Center, utilizing all available revenue
forecast data, shall annually develop a general fund revenue estimate to be
adopted by the Legislative Budget Office as of the date of sine die
adjournment. Except as otherwise provided in this subsection, if, at the end of October, or at the end of
any month thereafter of any fiscal year, the revenues received for the fiscal
year fall below ninety-eight percent (98%) of the Legislative Budget Office
general fund revenue estimate at the date of sine die adjournment, the State
Fiscal Officer shall reduce allocations of general funds and state-source
special funds to general fund and special fund agencies and to the
"administration and other expenses" budget of the Mississippi
Department of Transportation, in an amount necessary to keep expenditures
within the sum of actual general fund receipts, including any transfers to the
General Fund from the Working Cash-Stabilization Reserve Fund for the fiscal
year.
The State Fiscal Officer may, upon his determination of need based on the revenue shortfall, transfer funds as provided in Section 27-103-203 from the Working Cash-Stabilization Reserve Fund to the General Fund to supplement the general fund revenue. State-source special funds in an amount equal to any reduction made under the provisions of this subsection (2) shall be transferred to the State General Fund upon requisitions for warrants signed by the respective agency head, and the transfer shall be made within a reasonable period to be determined by the State Fiscal Officer.
Except as otherwise provided in this subsection (2), no agency's allocation shall be reduced in an amount to exceed five percent (5%); however, if the allocations of general funds and state-source special funds to all general fund and special fund agencies and to the "administration and other expenses" budget of the Mississippi Department of Transportation have been reduced by five percent (5%), any additional reductions required to be made under this subsection (2) shall consist of a uniform percentage reduction of general funds and state-source special funds to all general fund and special fund agencies and to the "administration and other expenses" budget of the Mississippi Department of Transportation. Any receipt from loans authorized by Sections 31-17-101 through 31-17-123 shall not be included as revenue receipts.
The State Fiscal Officer shall immediately send notice of any action taken under authority of this subsection (2) to the Legislative Budget Office.
The provisions of this subsection (2) requiring the State Fiscal Officer to reduce allocations of general funds and state-source special funds to general fund and special fund agencies and to the "administration and other expenses" budget of the Mississippi Department of Transportation shall be suspended during the period from June 30, 2009, through June 30, 2010.
The State Fiscal Officer shall not reduce any allocations of general funds and state-source special funds under this subsection (2) to the Board of Trustees of State Institutions of Higher Learning for the support and maintenance of the Higher Education Legislative Grant Program as provided in Section 37-106-75.
(3) For the purpose of this section, the term "state-source special funds" means any special funds in any agency derived from any source, but shall not include the following special funds: special funds derived from federal sources, from local or regional political subdivisions, from agricultural commodity assessments, or from donations; special funds derived from additional fees paid for the issuance of distinctive motor vehicle license tags or plates authorized under the provisions of Chapter 19, Title 27, Mississippi Code of 1972; special funds held in a fiduciary capacity for the benefit of specific persons or classes of persons; special funds of the Mississippi Veterans Affairs Board that are paid to the board by the veteran residents of state veterans homes to fund their monthly expenses at the state veterans homes; self-generated special funds of the state institutions of higher learning or the state community or junior colleges; special funds of Mississippi Industries for the Blind, the State Port at Gulfport, Yellow Creek Inland Port, Pat Harrison Waterway District, Pearl River Basin Development District, Pearl River Valley Water Management District, Tombigbee River Valley Water Management District, Yellow Creek Watershed Authority, or Coast Coliseum Commission; special funds of the Department of Wildlife, Fisheries and Parks and the Department of Marine Resources derived from the issuance of hunting or fishing licenses; and special funds generated by agencies whose primary function includes the establishment of standards and the issuance of licenses for the practice of a profession within the State of Mississippi.
SECTION 5. This act shall take effect and be in force from and after July 1, 2017.
