Bill Text: MS HB1559 | 2010 | Regular Session | Introduced


Bill Title: Alcorn State University; provide additional funding sources to enroll more graduate students in nurse educators program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-02-02 - Died In Committee [HB1559 Detail]

Download: Mississippi-2010-HB1559-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Universities and Colleges; Appropriations

By: Representative Jones (82nd)

House Bill 1559

AN ACT TO PROVIDE THAT ALCORN STATE UNIVERSITY IS ELIGIBLE FOR STATE FUNDING TO ENROLL ADDITIONAL GRADUATE STUDENTS IN THE NURSE EDUCATORS PROGRAM BEGINNING WITH THE 2010-2011 ACADEMIC YEAR; TO AMEND SECTION 37-129-1, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO AMEND SECTION 71-5-353, MISSISSIPPI CODE OF 1972, TO EXPAND THE PURPOSES FOR WHICH MONIES IN THE MISSISSIPPI WORKFORCE ENHANCEMENT TRAINING FUND MAY BE EXPENDED TO INCLUDE FUNDING TO NURSING SCHOOLS AND DEGREE PROGRAMS AT ALCORN STATE UNIVERSITY TO ENROLL ADDITIONAL GRADUATE STUDENTS IN THE NURSE EDUCATORS PROGRAM AS PROVIDED IN THIS ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  Alcorn State University is eligible for funding from the Board of Trustees of State Institutions of Higher Learning to enroll additional graduate students in the nurse educators program beginning with the 2010-2011 academic year.      (2)  The Legislature shall appropriate or otherwise make available to the Board of Trustees of State Institutions of Higher Learning the funds that are necessary to implement the provisions of subsection (1) of this section.

     SECTION 2.  Section 37-129-1, Mississippi Code of 1972, is amended as follows:

     37-129-1.  In addition to all other powers and duties now vested by law in the Board of Trustees of State Institutions of Higher Learning of the State of Mississippi, the board shall:

          (a)  Establish by rules and regulations and promulgate uniform standards for accreditation of schools of nursing in the State of Mississippi (i) insofar as concerns the eligibility of graduates of those schools to take the examination prescribed by law to become registered nurses authorized to practice the profession of nursing as registered nurses in Mississippi, and (ii) insofar as concerns student nurses attending those schools being eligible to participate in any student nurse scholarship program or other program of assistance now existing or hereafter established by legislative enactment;

          (b)  Issue to those schools of nursing upon an annual basis certificates of accreditation as may be proper under those standards;

          (c)  Administer any scholarship program or other program of assistance heretofore or hereafter established by legislative enactment for the benefit of students attending accredited schools of nursing in this state;

          (d)  Administer any other funds available or that may be made available for the promotion of nursing education in the state, with the exception of nursing faculty supplement funds to the public community and junior colleges, which funds shall be appropriated to and administered by the State Board for Community and Junior Colleges * * *;

          (e)  Adopt rules and regulations to provide that a nurse in training may, during the two-year period in an approved hospital, be allowed to transfer at any time with full credit after six (6) months in training, to any other hospital of her choice at which there is a vacancy; suitable provision shall be made to protect him or her against coercion or intimidation concerning such a contemplated transfer;

          (f)  Under the provisions of Section 1 of this act, provide funding to nursing schools and degree programs at Alcorn State University to enroll additional graduate students in the nurse educators program.

     In addition to other powers now vested by law in the Board of Trustees of State Institutions of Higher Learning, the board may establish and maintain a nurse-midwifery education program that meets the accreditation standards of the American College of Nurse-Midwives at a state institution of higher learning under the jurisdiction of the board of trustees.

     In order to implement paragraph (d) above, the Board of Trustees of State Institutions of Higher Learning shall arrange and contract with hospitals, senior colleges and hospital schools of nursing for the financial support of programs of nursing education.  The  * * * board may adopt any terms for contracts, and any rules and regulations for reimbursing contracting agencies for costs of instruction in schools of nursing as may be feasible in accordance with appropriations made by the Legislature for this purpose.  However, no reimbursement may be made to contracting agencies in excess of the actual cost of instruction in the schools of nursing.

     In addition to the powers now vested by law in the Board of Trustees of State Institutions of Higher Learning and subject to the availability of funds specifically appropriated therefor, the board shall conduct a one-year feasibility study and comprehensive plan for nursing schools in Mississippi that addresses the concept of shared utilization of clinical simulation laboratories for all Mississippi schools of nursing in order to provide computerized interactive learning capabilities for all schools, utilizing the pooled resources or mobile capability models from other states.  The completed plan shall be developed and a report made to the 2009 Regular Session on or before December 1, 2008.

     No provision of this section shall be construed to authorize any department, agency, officer or employee of the State of Mississippi to exercise any controls over the admissions policy of any private educational institution offering a baccalaureate degree in nursing.

     SECTION 3.  Section 71-5-353, Mississippi Code of 1972, is amended as follows:

     71-5-353.  (1)  Each employer shall pay contributions equal to five and four-tenths percent (5.4%) of taxable wages paid by him each calendar year, except as may be otherwise provided in Section 71-5-361 and except that each newly subject employer shall pay contributions at the rate of two and seven-tenths percent (2.7%) of taxable wages until his experience-rating record has been chargeable throughout not less than the twelve (12) consecutive calendar months ending on the computation date; thereafter his contribution rate shall be determined in accordance with the provisions of Section 71-5-355.

     (2)  Unless eligible for a modified rate as described in Section 71-5-355 of this chapter, each employer, as defined by Section 71-5-11(H) of this chapter, engaged in an employee leasing arrangement, with an employee leasing firm, on June 30, 1998, will be assigned a contributions rate of one and five-tenths percent (1.5%) for the calendar year 1999, and subsequent calendar years, until the employer is eligible for a modified rate, as described in Section 71-5-355 of this chapter, based on experience accumulated subsequent to December 31, 1998.

     The department shall notify all employers, active in the department files and currently reporting, of the provisions of this paragraph, at their last known mailing address on or before August 15, 1998.  All employee leasing firms shall report to the department the name, the federal identification number, mailing address, physical location address and telephone number of all their clients on or before October 15, 1998.  Any employee leasing firm failing to comply with the provisions of this paragraph may be assessed an amount equal to one-half of one percent (1/2 of 1%) of total wages, or Five Hundred Dollars ($500.00), whichever is greater, for each client that the employee leasing firm fails to report.  Collection of the above mentioned penalty shall be in conformity with department regulations.

     (3)  From and after January 1, 2005, contribution rates assigned to employers by the department, as determined pursuant to Sections 71-5-351, 71-5-353 and 71-5-355, shall be reduced by three-tenths of one percent (.3%).  Such reduction shall only apply to employers whose contribution rate, determined in accordance with Sections 71-5-353 and 71-5-355, is equal to or less than five and four-tenths percent (5.4%), and shall include a three-tenths of one percent (.3%) reduction to the rate as a result of violation of provisions of this chapter.  The reduction in rates provided for herein shall not apply to state boards, instrumentalities and political subdivisions of the State of Mississippi referred to in Sections 71-5-357 and 71-5-359, or to nonprofit employers providing reimbursement to the department for the unemployment fund pursuant to Section 71-5-357(a).  This subsection (3) shall be suspended and the size of fund and cost rate criterion shall be fixed for future years at the levels for the last rate computation, if any of the following occur:

          (a)  The average high cost multiple is equal to or less than 1.0.  The average high cost multiple shall be computed as follows:  The result of the unobligated balance of the Unemployment Compensation Fund at November 1, immediately preceding the new rate year, divided by the total wages for the twelve (12) months ending on the June 30, immediately preceding the new rate year, shall be the numerator and shall be divided by the simple average of the value of the three (3) highest cost rate criterion computations since 1974.  The result rounded to the next lower one (1) decimal place will be the average high cost multiple; or

          (b)  The computed size of fund (average exposure criterion divided by cost rate criterion) described in Section 71-5-355 reaches 1.0 and the cost rate criterion reaches the average for the highest value of the cost rate criterion computations during each of the economic cycles (economic cycles shall be those defined by the National Bureau of Economic Research) subsequent to the calendar year 1974.  The reduction to the size of the fund index and the cost rate criteria shall be accomplished as described in Section 71-5-355(1)(j) and (k); or

          (c)  The Unemployment Compensation Fund falls below Five Hundred Million Dollars ($500,000,000.00).

     (4)  (a)  From and after January 1, 2005, the workforce enhancement contributions shall be applied at a rate of three-tenths of one percent (.3%) upon the taxable wages as defined by Section 71-5-351, however, the workforce enhancement contribution shall not be applied to state boards, instrumentalities and political subdivisions of the State of Mississippi referred to in Sections 71-5-357 and 71-5-359, or to nonprofit employers providing reimbursement to the department for the unemployment fund pursuant to Section 71-5-357(a).

          (b)  There is hereby created in the Treasury of the State of Mississippi a special fund to be known as the "Mississippi Workforce Training Enhancement Fund," which consists of funds collected pursuant to subsection (1) of this section.  Funds collected shall initially be deposited into the Clearing Account and subsequently transferred to the Mississippi Workforce Training Enhancement Fund described in Section 71-5-453.  In the event any employer pays an amount insufficient to cover the total contributions due, the amounts due shall be satisfied in the following order:

              (i)  Unemployment contributions; then

              (ii)  Workforce training enhancement contributions; then

              (iii)  Interest and damages.

     Cost of collection and administration of the workforce enhancement training contribution shall be allocated based on a plan approved by the United States Department of Labor (USDOL) and shall be paid to the Mississippi Department of Employment Security semiannually by the State Board for Community and Junior Colleges for periods ending in December and June of each year.  Payment shall be made to the department no later than sixty (60) days after the billing date.

          (c)  All monies deposited in the Mississippi Workforce Training Enhancement Fund will be held by the Mississippi Department of Employment Security in that account for a period of not less than sixty (60) days.  After that period, funds shall be transferred within thirty (30) days to the Mississippi Workforce Enhancement Training Fund in a manner determined by the department.  Interest earnings or interest credits on deposit amounts shall be retained in the account to pay the costs of the account.  If after the period of twelve (12) months interest earnings less banking costs exceeds Ten Thousand Dollars ($10,000.00), those excess amounts shall be transferred to the Mississippi Workforce Enhancement Training Fund within thirty (30) days.  Those transfers shall occur once annually, during the month of January.

          (d)  All enforcement procedures for the collection of delinquent contributions contained in Sections 71-5-363 through 71-5-383 shall be applicable in all respects for collections of delinquent contributions designated for the Unemployment Compensation Fund and the Mississippi Workforce Training Enhancement Fund.

          (e)  (i)  Except as otherwise provided in subparagraph (ii) of this paragraph, all monies deposited into the Mississippi Workforce Enhancement Training Fund shall be used exclusively by the State Board for Community and Junior Colleges in accordance with the Workforce Training Act of 1994 (Section 37-153-1 et seq.) and the annual plan developed by the State Workforce Investment Board for the following purposes:  to provide training at no charge to employers and employees in order to enhance employee productivity.  That training may be subject to a minimal administrative fee to be paid from the Mississippi Workforce Enhancement Trust Fund as established by the State Workforce Investment Board subject to the advice of the State Board for Community and Junior Colleges.  The initial priority of these funds shall be for the benefit of existing businesses located within the state.  Employers may request training for existing employees and/or newly hired employees from the State Board for Community and Junior Colleges.  The State Board for Community and Junior Colleges will be responsible for approving the training.

              (ii)  In addition to the purposes prescribed in subparagraph (i) of this paragraph for which the monies in the Mississippi Workforce Enhancement Training Fund may be expended, monies in the fund may be appropriated by the Legislature to provide funding to nursing schools and degree programs at Alcorn State University to enroll additional graduate students in the nurse educators program, as provided in Section 1 of this act.

          (f)  This subsection (4) shall be suspended and the size of fund and cost rate criterion shall be fixed at the levels computed for the last rate computation at the end of any calendar year in which the following has occurred:

              (i)  The average high cost multiple is equal to or less than 1.0.  The average high cost multiple shall be computed as follows:  The result of the unobligated balance of the unemployment compensation at November 1, immediately preceding the new rate year, divided by the total wages for the twelve (12) months ending on the June 30, immediately preceding the new rate year, shall be the numerator and shall be divided by the simple average of the value of the three (3) highest cost rate criterion computations since 1974.  The result rounded to the next lower one (1) decimal place will be the average high cost multiple; or

              (ii)  The computed size of fund (average exposure criterion divided by cost rate criterion) described in Section 71-5-355 reaches 1.0 and the cost rate criterion reaches the average for the highest value of the cost rate criterion computations during each of the economic cycles (economic cycles shall be those defined by the National Bureau of Economic Research) subsequent to the calendar year 1974.  The reduction to the size of the fund index and the cost rate criteria shall be accomplished as described in Section 71-3-355(1)(j) and (k); or

              (iii)  The Unemployment Compensation Fund falls below Five Hundred Million Dollars ($500,000,000.00).

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2010.


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