Bill Text: MS SB2299 | 2011 | Regular Session | Introduced
Bill Title: Central business, payroll and purchases for all community college districts; SBCJC Office of Shared Services administers services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [SB2299 Detail]
Download: Mississippi-2011-SB2299-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Universities and Colleges; Appropriations
By: Senator(s) Hopson
Senate Bill 2299
AN ACT TO PROVIDE THAT BEGINNING ON JULY 1, 2014, THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES SHALL ADMINISTER A CENTRAL BUSINESS OFFICE FOR ALL COMMUNITY AND JUNIOR COLLEGES IN THE STATE TO PROVIDE ACCOUNTING SERVICES, PAYROLL SERVICES AND PREPARE AND DISTRIBUTE ALL CHECKS FOR THE SALARIES OF INSTRUCTIONAL AND NONINSTRUCTIONAL COMMUNITY COLLEGE EMPLOYEES; TO AUTHORIZE THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES TO ESTABLISH AN OFFICE OF COMMUNITY COLLEGE BUSINESS AND PAYROLL, TO DIRECT THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES TO FILE WITH THE STATE TREASURER AND THE DEPARTMENT OF FINANCE AND ADMINISTRATION NECESSARY DATA AND INFORMATION TO ENABLE THE DEPARTMENT TO PREPARE ALL COMMUNITY/JUNIOR COLLEGE DISTRICT PAYROLL CHECKS AND DISTRIBUTE SAID PAYMENTS BY ELECTRONIC FUNDS TRANSFER TO EACH EMPLOYEE; TO AUTHORIZE THE STATE TREASURER AND THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ESTABLISH NECESSARY FUNDS AND ACCOUNTS IN THE NAME OF EACH COMMUNITY/JUNIOR COLLEGE DISTRICT IN THE STATE IN ORDER TO VERIFY EACH EMPLOYEE TO WHOM PAYROLL CHECKS ARE DISTRIBUTED; TO PROVIDE THAT EACH COMMUNITY/JUNIOR COLLEGE DISTRICT SHALL TRANSFER TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION FROM LOCAL DISTRICT FUNDS ANY LOCAL SUPPLEMENTS OR OTHER AMOUNTS TO BE USED FOR COMMUNITY/JUNIOR COLLEGE DISTRICT SALARIES ON A MONTHLY BASIS; TO AUTHORIZE THE STATE TREASURER AND THE STATE FISCAL OFFICER TO JOINTLY PROMULGATE REGULATIONS FOR THE UTILIZATION OF ELECTRONIC FUNDS TRANSFER TO COMMUNITY/JUNIOR COLLEGE DISTRICTS FOR SALARY PAYROLL PURPOSES; TO PROVIDE THAT THE SAVINGS RESULTING FROM THE CONSOLIDATION OF ALL PAYROLL FUNCTIONS TO A CENTRAL DEPARTMENT SHALL BE CERTIFIED TO THE LEGISLATIVE BUDGET OFFICE AND SHALL BE APPROPRIATED BY THE LEGISLATURE FOR THE SUPPORT OF THE COMMUNITY/JUNIOR COLLEGES IN THE PROGRAM; TO PROVIDE THAT THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES SHALL BE THE PURCHASING AGENT FOR ALL COMMUNITY JUNIOR COLLEGE DISTRICTS IN THE STATE; TO PROVIDE THAT ALL COMMUNITY/JUNIOR COLLEGE DISTRICTS SHALL PURCHASE PERISHABLES, FOOD, COMMODITIES, EQUIPMENT, SUPPLIES, UTILITIES AND TRANSPORTATION VEHICLES THROUGH THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES; TO ESTABLISH AN OFFICE OF SCHOOL PURCHASING OF THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES; TO AMEND SECTIONS 37-4-3, 37-29-67 AND 37-29-71, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO CONSOLIDATE THE BUSINESS SERVICES PROVIDED UNDER THIS ACT INTO THE DEPARTMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Beginning July 1, 2014, the State Board for Community and Junior Colleges shall be the central business office for all community and junior college districts in the State of Mississippi, and shall administer the following functions: (a) the preparation and distribution of all payroll checks and electronic funds transfer for all instructional and noninstructional community and junior college district employees in the State of Mississippi; (b) the administration of accounts receivable, accounts payable, budget preparation and accounting services for all community and junior college districts in the State of Mississippi. All salary payments for community and junior college employees shall be made by the State Board for Community and Junior Colleges. The State Board for Community and Junior Colleges may establish an Office of Community and Junior College District Business and Payroll and employ a competent person as Director of the Office of Community and Junior College District Business and Payroll who shall be a member of the state service and shall receive a salary as determined by the Executive Director of the State Board for Community and Junior Colleges with the approval of the State Personnel Board. It shall be the duty of each board of trustees of each community and junior college district in the state to make, or cause to be made, a list of all community and junior college district instructional and noninstructional employees, including necessary years of service and salary information, and make this available to the State Board for Community and Junior Colleges at such times as determined to be necessary by the board. Such information shall be used by the Office of Community and Junior College District Business and Payroll in the preparation of all employee checks or electronic funds transfer made to the community and junior college district employees. It shall be the duty of each board of trustees of each community and junior college district to make, or cause to be made, all necessary financial information, balance sheets, source of funds statements, property inventories and records of transactions to enable the Office of Community and Junior College District Business and Payroll to administer a central business and accounting office for each community and junior college district in the state.
(2) The Executive Director of the State Board for Community and Junior Colleges shall, on an annual basis, determine the savings in state and local funds which has accrued as a result of the consolidation of the payroll function of community and junior college districts to a central state agency, and shall include this amount in its annual budget request as a separate line item which shall be appropriated by the Legislature for the support of the community and junior college system in Mississippi.
(3) It shall be the duty of the State Board for Community and Junior Colleges to file with the State Treasurer and the Office of Community and Junior College District Business and Payroll of the State Board for Community and Junior Colleges such data and information as may be required to enable the said State Treasurer and State Fiscal Officer to distribute the salary checks and by electronic funds transfer to the instructional and noninstructional employees of all community and junior college districts at the time required by law, and to make other lawful expenditures by all community and junior college districts at the time required by law. Such data and information so filed shall show in detail the amount of funds to which each employee is entitled from state funds, and from local community and junior college district funds contributed by each community and junior college district. Such data and information so filed may be revised from time to time as necessitated by law. At the time provided by law, the Office of Community and Junior College District Business and Payroll shall prepare the salary payments for all such employees and distribute to the community and junior college district employees the amounts to which they are entitled by electronic funds transfer as provided by law. In such instances, the State Treasurer shall submit a request for an electronic funds transfer to the State Fiscal Officer, which shall set forth the purpose, amount and payees, and shall be in such form as may be approved by the State Fiscal Officer so as to provide the necessary information as would be required for a requisition and issuance of a warrant. A copy of the record of said electronic funds transfer shall be transmitted to the local community and junior college districts.
(4) Any community and junior college district making payments of salaries or other lawful expenditures of instructional or noninstructional community and junior college district employees from local district funds shall transfer to the Office of Community and Junior College District Business and Payroll one-twelfth (1/12) of its pro rata cost of authorized compensation from local community and junior college district funds by the twentieth day of each month for the compensation that is to be paid on the last day of that month.
(5) The State Fiscal Officer shall jointly promulgate regulations for the utilization of the central payment of salaries to community and junior college district employees by electronic funds transfer from the Office of Community and Junior College District Business and Payroll.
SECTION 2. (1) Beginning July 1, 2014, the State Board for Community and Junior Colleges shall be the purchasing agent for all community and junior college districts in the State of Mississippi. The purchases of all perishables, food, commodities, supplies, equipment, utilities and transportation vehicles for the use of community and junior college districts shall be made by the State Board for Community and Junior Colleges. The State Board for Community and Junior Colleges may establish an Office of Community and Junior College Purchasing and employ a competent person as Director of the Office of Community and Junior College Purchasing who shall be a member of the state service and shall receive a salary as determined by the Executive Director of the State Board for Community and Junior Colleges with the approval of the State Personnel Board. It shall be the duty of each board of trustees of each community and junior college district to make, or cause to be made, a list of perishables, food, commodities, supplies, equipment, utilities and transportation vehicles, including quality specifications when applicable, regularly used in the colleges under its supervision, and to maintain such a list in the Office of Community and Junior College Purchasing of the State Board for Community and Junior Colleges. Such list shall be used by the Office of Community and Junior College Purchasing in obtaining competitive bids for perishables, food, commodities, supplies, equipment, utilities and transportation vehicles to be purchased for each community and junior college district, and shall be available to any interested person. Purchases made by community and junior college districts from the petty cash fund of One Hundred Dollars ($100.00) shall be exempt from Office of Community and Junior College Purchasing disbursement and competitive bid.
(2) The Executive Director of the State Board for Community and Junior Colleges shall, on an annual basis, determine the savings in state and local funds which has accrued as a result of the consolidation of the purchasing function of community and junior college districts to a central state agency, and shall include this amount in its annual budget request as a separate line item which shall be appropriated by the Legislature for the support of the community and junior college system in Mississippi.
(3) For the further purpose of carrying out the provisions of Section 2 of this act, the Office of Community and Junior College District Purchasing of the State Board for Community and Junior Colleges is further authorized and empowered to adopt and promulgate reasonable rules and regulations not inconsistent with the law for such purpose.
SECTION 3. The State Board for Community and Junior Colleges shall study and make a report to the Legislature at the 2012 Regular Session regarding the effect of the consolidation of the payroll, business and purchasing functions of community and junior college districts to be implemented under this act in the 2014-2015 academic year. Such report shall include any technical legislative or administrative recommendations for further consolidation of the business functions of community and junior college districts. Such report shall also include an administrative recommendation for the consolidation or outsourcing of shared information technology, computer and telecommunications services for all community and junior college districts, in conjunction with the Council for Education Technology established under Section 37-151-25.
SECTION 4. Section 37-4-3, Mississippi Code of 1972, is amended as follows:
37-4-3. (1) From and after July 1, 1986, there shall be a State Board for Community and Junior Colleges which shall receive and distribute funds appropriated by the Legislature for the use of the public community and junior colleges and funds from federal and other sources that are transmitted through the state governmental organization for use by said colleges. This board shall provide general coordination of the public community and junior colleges, assemble reports and such other duties as may be prescribed by law.
(2) The board shall consist of ten (10) members of which none shall be an elected official and none shall be engaged in the educational profession. The Governor shall appoint two (2) members from the First Mississippi Congressional District, one (1) who shall serve an initial term of two (2) years and one (1) who shall serve an initial term of five (5) years; two (2) members from the Second Mississippi Congressional District, one (1) who shall serve an initial term of five (5) years and one (1) who shall serve an initial term of three (3) years; and two (2) members from the Third Mississippi Congressional District, one (1) who shall serve an initial term of four (4) years and one (1) who shall serve an initial term of two (2) years; two (2) members from the Fourth Mississippi Congressional District, one (1) who shall serve an initial term of three (3) years and one (1) who shall serve an initial term of four (4) years; and two (2) members from the Fifth Mississippi Congressional District, one (1) who shall serve an initial term of five (5) years and one (1) who shall serve an initial term of two (2) years. All subsequent appointments shall be for a term of six (6) years and continue until their successors are appointed and qualify. An appointment to fill a vacancy which arises for reasons other than by expiration of a term of office shall be for the unexpired term only. No two (2) appointees shall reside in the same junior college district. All members shall be appointed with the advice and consent of the Senate.
(3) There shall be a chairman and vice chairman of the board, elected by and from the membership of the board; and the chairman shall be the presiding officer of the board. The board shall adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business.
(4) The members of the board shall receive no annual salary, but shall receive per diem compensation as authorized by Section 25-3-69, Mississippi Code of 1972, for each day devoted to the discharge of official board duties and shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by Section 25-3-41, Mississippi Code of 1972.
(5) The board shall name a director for the state system of public junior and community colleges, who shall serve at the pleasure of the board. Such director shall be the chief executive officer of the board, give direction to the board staff, carry out the policies set forth by the board, and work with the presidents of the several community and junior colleges to assist them in carrying out the mandates of the several boards of trustees and in functioning within the state system and policies established by the State Board for Community and Junior Colleges. The State Board for Community and Junior Colleges shall set the salary of the Director of the State System of Community and Junior Colleges. The Legislature shall provide adequate funds for the State Board for Community and Junior Colleges, its activities and its staff.
(6) The powers and duties of the State Board for Community and Junior Colleges shall be:
(a) To authorize disbursements of state appropriated funds to community and junior colleges through orders in the minutes of the board.
(b) To make studies of the needs of the state as they relate to the mission of the community and junior colleges.
(c) To approve new, changes to and deletions of vocational and technical programs to the various colleges.
(d) To require community and junior colleges to supply such information as the board may request and compile, publish and make available such reports based thereon as the board may deem advisable.
(e) To approve proposed new attendance centers (campus locations) as the local boards of trustees should determine to be in the best interest of the district. Provided, however, that no new community/junior college branch campus shall be approved without an authorizing act of the Legislature.
(f) To serve as the state approving agency for federal funds for proposed contracts to borrow money for the purpose of acquiring land, erecting, repairing, etc. dormitories, dwellings or apartments for students and/or faculty, such loans to be paid from revenue produced by such facilities as requested by local boards of trustees.
(g) To approve applications from community and junior colleges for state funds for vocational-technical education facilities.
(h) To approve any university branch campus offering lower undergraduate level courses for credit.
(i) To appoint members to the Post-Secondary Educational Assistance Board.
(j) To appoint members to the Authority for Educational Television.
(k) To contract with other boards, commissions, governmental entities, foundations, corporations or individuals for programs, services, grants and awards when such are needed for the operation and development of the state public community and junior college system.
(l) To fix standards for community and junior colleges to qualify for appropriations, and qualifications for community and junior college teachers.
(m) To have sign-off approval on the State Plan for Vocational Education which is developed in cooperation with appropriate units of the State Department of Education.
(n) To approve or disapprove of any proposed inclusion within municipal corporate limits of state-owned buildings and grounds of any community college or junior college and to approve or disapprove of land use development, zoning requirements, building codes and delivery of governmental services applicable to state-owned buildings and grounds of any community college or junior college. Any agreement by a local board of trustees of a community college or junior college to annexation of state-owned property or other conditions described in this paragraph shall be void unless approved by the board and by the board of supervisors of the county in which the state-owned property is located.
(o) Beginning July 1, 2014, to administer a central business office for all community and junior colleges in the state, to provide for the preparation and distribution of all payroll checks and electronic funds transfer for all instructional and noninstructional community and junior college district employees in the state, to administer accounts receivable, accounts payable, budget preparation and other accounting services for all community and junior college districts in the state, and to establish an Office of Community and Junior College District Business and Payroll and employ a director of the office as prescribed in Section 1 of this act.
(p) Beginning July 1, 2014, to be the purchasing agent for all community and junior college districts in the state, providing for the purchase of all perishables, food, commodities, supplies, equipment, utilities and transportation vehicles, and to establish an Office of Community and Junior College Purchasing and employ a director of the office as prescribed in Section 2 of this act.
(7) Subsection (6)(o) and (6)(p) of this section shall no longer apply if the Executive director of the Department of Finance and Administration consolidates the Office of Community and Junior College District Business and Payroll and the Office of Community and Junior College Purchasing into the Department of Finance and Administration, pursuant to the authority provided by Section 7 of this act.
SECTION 5. Section 37-29-67, Mississippi Code of 1972, is amended as follows:
37-29-67. (1) The duties of the board of trustees shall be the general government of the community/junior college and directive of the administration thereof. Subject to the provisions of Sections 37-29-1 through 37-29-273, the board shall have full power to do all things necessary to the successful operation of the district and the college or colleges or attendance centers located therein to insure educational advantages and opportunities to all the enrollees within the district.
(2) The board of trustees shall be authorized to designate a personnel supervisor or other person employed by the district to recommend teachers and to transmit such recommendations to the board of trustees; however, this authorization shall be restricted to no more than two (2) positions for each employment period in the district.
(3) The delineation and enumeration of the powers and purposes set out in Sections 37-29-1 through 37-29-273 shall be deemed to be supplemental and additional, and shall not be construed to restrict the powers of the board of trustees of the district or of any college located therein so as to deny to the said district and the college or colleges therein the rights, privileges and powers previously authorized by statute.
(4) The board of trustees shall have the power to contract, on a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as prescribed in Section 31-7-14, not to exceed fifteen (15) years.
(5) The board of trustees shall be authorized, with the approval of the State Board for Community and Junior Colleges, to change the name of the junior college to community college. The State Board for Community and Junior Colleges shall establish guidelines for the implementation of any junior college name change. Any reference to junior college district in this chapter shall hereinafter refer to the junior college district or its successor in name as changed by the board of trustees.
(6) The boards of trustees shall purchase and maintain business property insurance and business personal property insurance on all college-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to such buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The boards of trustees are authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The boards of trustees are authorized to enter into agreements with the Department of Finance and Administration, local school districts, other community/junior college districts, state institutions of higher learning, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.
(7) The boards of trustees shall submit necessary business, accounting, payroll and salary information to the Office of Community and Junior College District Business and Payroll of the State Board for Community and Junior Colleges as required for the office to administer central business, accounting and payroll services for all community and junior college districts and community and junior college employees in the state, as prescribed in Section 1 of this act.
(8) The boards of trustees shall submit approved requests for the purchase of perishables, food, commodities, supplies, equipment, utilities and transportation vehicles to the Office of Community and Junior College Purchasing of the State Board for Community and Junior Colleges as prescribed in Section 2 of this act.
SECTION 6. Section 37-29-71, Mississippi Code of 1972, is amended as follows:
37-29-71. The board of trustees shall annually prepare a budget which shall contain a detailed estimate of the revenues and expenses anticipated for the ensuing year for general operation and maintenance and which shall set forth the reasonable requirements for anticipated needs for capital outlays for land, buildings, initial equipment for new buildings and major repairs, a reasonable accumulation for such purposes being hereby expressly authorized. The annual budget shall be submitted to the Office of Community and Junior College District Business and Payroll of the State Board for Community and Junior Colleges as necessary for the preparation of the budget for the community and junior college system in the state.
SECTION 7. (1) The Executive Director of the Department of Finance and Administration may, with the written approval of the Governor, consolidate the Office of Community and Junior College District Business and Payroll and Office of Community and Junior College Purchasing into the Department of Finance and Administration.
(2) If the Executive Director of the Department of Finance and Administration elects to consolidate pursuant to subsection (1) of this section, any personnel employed by the Office of Community and Junior College District Business and Payroll and the Office of Community and Junior College Purchasing shall be transferred to the Department of Finance and Administration. The staff transferred to the Department of Finance and Administration under this section shall remain nonstate service members for two (2) years following their transfer.
(3) If the Executive Director of the Department of Finance and Administration elects to consolidate pursuant to subsection (1) of this section, any reference to the Office of Community and Junior College District Business and Payroll or the Office of Community and Junior College Purchasing shall mean the Department of Finance and Administration.
(4) The Executive Director of the Department of Finance and Administration is authorized and empowered to establish rules and guidelines to implement such consolidation.
(5) The Department of Finance and Administration shall make a report to the Legislature during the next Regular Session following such consolidation. The report shall include any technical legislative or administrative recommendations necessary for the orderly consolidation of these functions into the Department of Finance and Administration and any recommendations for further consolidation.
SECTION 8. This act shall take effect and be in force from and after July 1, 2011.
