Bill Text: MS HB896 | 2011 | Regular Session | Introduced
Bill Title: Nursing education; require community colleges to offer online program for LPNs to obtain associate degree in.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB896 Detail]
Download: Mississippi-2011-HB896-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Universities and Colleges
By: Representatives Scott, Clark
House Bill 896
AN ACT TO PROVIDE THAT THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES SHALL ESTABLISH AND IMPLEMENT AN ONLINE PROGRAM OF NURSING EDUCATION THROUGH THE PUBLIC COMMUNITY AND JUNIOR COLLEGES IN THE STATE TO ALLOW LICENSED PRACTICAL NURSES TO RECEIVE THE REQUIRED ADDITIONAL ACADEMIC TRAINING TO OBTAIN AN ASSOCIATE DEGREE IN NURSING; TO AUTHORIZE THE BOARD TO EXPEND MONIES IN THE MISSISSIPPI WORKFORCE ENHANCEMENT TRAINING FUND TO DEFRAY THE COST OF ESTABLISHING AND IMPLEMENTING THE ONLINE PROGRAM AND TO PROVIDE SCHOLARSHIPS TO STUDENTS IN THE ONLINE PROGRAM; TO AMEND SECTION 71-5-353, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The State Board for Community and Junior Colleges shall establish and implement an online program of nursing education, the purpose of which will be to allow licensed practical nurses to receive the additional academic training that is required to obtain an associate degree in nursing. The online program shall be delivered via the Internet by the public community and junior colleges in the state.
(2) The State Board for Community and Junior Colleges shall be authorized to expend monies in the Mississippi Workforce Enhancement Training Fund to (a) defray the cost of establishing and implementing the online program of nursing education, and (b) to provide full or partial scholarships to students in the online program to defray the costs of tuition and other expenses of participating in the online program.
SECTION 2. 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 four-tenths percent (2.4%) of taxable wages through December 31, 2010, and thereafter one percent (1%) of taxable wages, for his first year of liability, one and one-tenth percent (1.1%) of taxable wages for his second year of liability, and one and two-tenths percent (1.2%) of taxable wages for his third and subsequent years of liability unless the employer's experience-rating record has been chargeable throughout at least the twelve (12) consecutive calendar months ending on the most recent computation date at the time the rate for a year is determined; thereafter the employer's contribution rate shall be determined in accordance with the provisions of Section 71-5-355.
(2) From and after January 1, 2005, through December 31, 2009, 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).
(3) (a) From and after January 1, 2005, through December 31, 2009, the workforce enhancement contributions shall be applied at a rate of three-tenths of one percent (.3%) upon the taxable wages, 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 Enhancement Training Fund," which consists of funds collected pursuant to this subsection (3) and subsection (4) of this section. Funds collected shall initially be deposited into the Mississippi Department of Employment Security tax bank account for clearing contribution collections and subsequently transferred to the Mississippi Workforce Enhancement Training Fund holding account 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;
(ii) Workforce enhancement training contributions;
(iii) Interest and damages; then
(iv) Legal and processing costs.
The amount of contributions due for any period will be the amount due according to the actual computations unless the employer is participating in the MLPP. In that event, the amount due is the MLPP amount computed by the department.
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 collected will be initially deposited into the Mississippi Department of Employment Security bank account for clearing contribution collections and subsequently transferred to the Mississippi Workforce Enhancement Training Fund holding account and will be held by the Mississippi Department of Employment Security in such account for a period of not less than sixty (60) days. After such 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 holding account to pay the banking costs of the account. If after the period of twelve (12) months interest earnings less banking costs exceeds Ten Thousand Dollars ($10,000.00), such excess amounts shall be transferred to the Mississippi Workforce Enhancement Training Fund treasury account within thirty (30) days. Such 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 Enhancement Training Fund.
(e) (i) Except as otherwise provided in subparagraph (ii) of this paragraph (e), 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 Training 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, the State Board for Community and Junior Colleges may expend monies in the fund to defray the costs of an online program of nursing education and to provide scholarships to students in the program, as provided in Section 1 of this act.
(4) The following procedure shall apply for tax years subsequent to December 31, 2009:
(a) Workforce enhancement training contributions shall be collected at a rate of three-tenths of one percent (.3%) through December 31, 2010, based upon taxable wages, and at a rate of fifteen one-hundredths of one percent (.15%) thereafter, based upon taxable wages. Training contributions shall be reduced by the amount necessary to prevent any employer from having a combined rate greater than five and four-tenths percent (5.4%).
(b) All workforce enhancement training contributions collected shall be deposited initially into the Mississippi Department of Employment Security bank account for clearing contribution collections and shall within two (2) business days be transferred to the Workforce Enhancement Training Fund holding account. Any workforce enhancement training contribution transactions from the Mississippi Department of Employment Security account for clearing contribution collections that are deposited into the Workforce Enhancement Training Fund holding account and are not honored by a financial institution will be transferred back to the Mississippi Department of Employment Security account for clearing contribution collections out of funds in the Workforce Enhancement Training Fund holding account.
(c) For rate years subsequent to December 31, 2009, suspension of the workforce enhancement training contributions required pursuant to this subsection (4) shall occur if the insured unemployment rate exceeds an average of five and five-tenths percent (5.5%) for the three (3) consecutive months immediately preceding the effective date of the new rate year and shall remain suspended throughout the duration of that rate year. Such suspension shall continue until such time as the three (3) consecutive months immediately preceding the effective date of any subsequent rate year has an insured unemployment rate of less than an average of four and five-tenths percent (4.5%).
(5) All collections due or accrued prior to any suspension of the Workforce Enhancement Training Fund will be collected based upon the law at the time the contributions accrued, regardless of when they are actually due or collected.
SECTION 3. This act shall take effect and be in force from and after July 1, 2011.
