We, the undersigned conferees, have had under consideration the amendments to the following entitled BILL:

S. B. No. 3089: Appropriation; Information Technology Services.

We, therefore, respectfully submit the following report and recommendation:


1. That the House recede from its Amendment No. 1.

2. That the Senate and House adopt the following amendment:

Amend by striking all after the enacting clause and inserting in lieu thereof the following:

SECTION 1. The following sum, or so much thereof as may be necessary, is hereby authorized for expenditure out of any special source funds which are collected by or otherwise become available for the purpose of defraying the expenses of the Mississippi Department of Information Technology Services, for the fiscal year beginning July 1, 2001, and ending June 30, 2002

$ 32,089,596.00.

SECTION 2. With the funds appropriated under the provisions of Section 1, the following positions are authorized:


Permanent: Full Time 145

Part Time 0

Time-Limited: Full Time 0

Part Time 0

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2003 do not exceed Fiscal Year 2002 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2003 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2002 appropriation for "Personal Services" when annualized. If, at the end of any calendar month, the State Personnel Board determines that the agency has taken action(s) which would cause the agency to exceed this projected annual cost or the Fiscal Year 2002 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law.

No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

SECTION 3. In order to offset the cost of publishing the annual Mississippi Official Telephone Directory, the Mississippi Department of Information Technology Services is hereby authorized, empowered and directed, in its discretion, to offer for advertising purposes, pages to be included in said Directory, to accept bids, and to let contracts for said pages. The contracts for said advertising purposes shall be let for definite periods not to exceed two (2) years.

It shall be the duty of the Mississippi Department of Information Technology Services, if it is desired that advertising shall be used, to approve all proposed advertising submitted for use within such annual Mississippi Official Telephone Directory. The department is hereby authorized, empowered and directed, in its discretion, to reject any and all bids submitted, and if all bids are rejected, the authority may negotiate a contract within the limitations of the specifications so long as the terms of any such negotiated contract are equal to or better than the comparable terms submitted by the lowest and best bidder. No sectarian, un-American, political, partisan or immoral advertisement, as determined solely by the authority or its successor, shall be accepted.

All moneys derived from sale of such advertising shall be deposited in the appropriate special fund in the State Treasury to the credit of the Mississippi Department of Information Technology Services.

SECTION 4. The Mississippi Department of Information Technology Services is hereby authorized to receive additional funds from any state agency or other source, including one hundred percent (100%) general-fund agencies, for the purpose of providing data processing or telecommunications services to any governmental organization contracting with the Mississippi Department of Information Technology Services for such services. The Mississippi Department of Information Technology Services is further authorized to escalate an amount not to exceed One Million Dollars ($1,000,000.00) and to increase, up to a maximum of twenty (20) additional positions, the number of authorized positions listed in this act in order to provide the required data processing or telecommunications services for such governmental organizations, under the rules and regulations of the Department of Finance and Administration.

SECTION 5. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.

SECTION 6. This act shall take effect and be in force from and after July 1, 2001.







Jack Gordon

Charlie Capps, Jr.




Bob M. Dearing

Bill Denny




Terry C. Burton

Rita Martinson