MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Appropriations

By: Senator(s) Gordon, Thames, Cuevas, Lee, Dawkins, Kirby, Scoper, Simmons

Senate Bill 3161

(As Passed the Senate)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI NATIONAL GUARD FOR FISCAL YEAR 2003.

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

SECTION 1.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the general expenses of the operation of the Mississippi National Guard for the fiscal year beginning July 1, 2002, and ending June 30, 2003............................................ $     4,752,666.00.

SECTION 2.  The following sum, or so much thereof as may be necessary, is hereby appropriated to the Mississippi National Guard, out of any money in the State Treasury to the credit of the Camp Shelby Timber Fund--No. 3700, as created by Chapter 187, Laws of 1954, as amended; the Service Contract Fund--No. 3701; the Camp Shelby Base Operations Fund--No. 3705; the Air National Guard Training Site Base Operations Fund--No. 3709; and the Education Enhancement Fund, for the purpose of carrying out the provisions of applicable statutes and federal/state agreements for the fiscal year beginning July 1, 2002, and ending June 30, 2003...............

............................................ $    51,273,285.00.

     SECTION 3.  Of the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

  MAJOR OBJECTS OF EXPENDITURE:

     Personal Services:

Salaries, Wages and Fringe Benefits$    24,595,712.00

Travel and Subsistence..............        144,219.00

Contractual Services.....................     14,014,361.00

Commodities..............................      3,423,906.00

     Capital Outlay:

Other Than Equipment................     10,788,964.00

Equipment...........................         83,541.00

Subsidies, Loans and Grants..............      2,975,248.00

Total.............................. $    56,025,951.00

  FUNDING:

General Funds........................... $     4,752,666.00

Special Funds............................     51,273,285.00

Total.............................. $    56,025,951.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........      680

Part Time...........       14

Time-Limited:Full Time...........        0

Part Time...........        0

     Funds are provided herein to adjust the Variable Compensation Plan to ensure that all full-time employees receive a pay increase equal to fifty percent (50%) of the realignment component of the Variable Compensation Plan or Six Hundred Dollars ($600.00), whichever is greater, beginning on January 1, 2003.

     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 2004 do not exceed Fiscal Year 2003 funds appropriated for that purpose, unless programs, positions or pay increases are added to the agency's budget by the Mississippi Legislature.  Based on data provided by the Legislative Budget Office, the State Personnel Board shall, on July 1, 2002, publish separate annual projection reports, based on July 1, 2002 data, for the period of July 1, 2002 through December 31, 2002, and January 1, 2003 through June 30, 2003, that project the 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 ensure that no single personnel action increases this projected cost and/or the Fiscal Year 2003 appropriation for "Personal Services," as annualized on a semi-annual basis in accordance with the provisions of this act.  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 2003 "Personal Services" appropriated level, when annualized in compliance with the provisions of this act, 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 4.  It is the intention of the Legislature that the agency's budget request for Fiscal Year 2004 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2003 budget request process.

     SECTION 5.  All funds authorized to be expended herein shall be expended and otherwise accounted for in accordance with the provisions of Section 27-103-1 et seq., Mississippi Code of 1972. If not needed for other purposes, the Adjutant General is hereby expressly authorized to invest any part of or all monies herein appropriated out of the Camp Shelby Timber Fund at the highest rate of interest obtainable and credit interest accruing on such investments to the respective fund.  Such monies may be invested in any short-term bonds, notes or other direct obligations of the United States of America or the State of Mississippi or any county or municipality of this state, which said county or municipal bonds have been approved by a reputable bonds attorney or have been validated by a decree of the court, and in any event the said bonds, notes or obligations in which such funds are invested shall mature or be redeemable prior to the time the funds so invested will be needed for the refund or refunds herein provided for.

     SECTION 6.  The acceptance and expenditure of federal funds which may become available for the purpose of defraying the expenses of the Mississippi National Guard is hereby authorized and approved, provided such expenditures are reported and otherwise handled in accordance with the state budget law, same being Section 27-103-1 et seq., Mississippi Code of 1972.

     SECTION 7.  The acceptance and expenditure of federal funds which may become available to the Mississippi National Guard for construction purposes is hereby authorized and approved, provided such receipts and expenditures are reported and otherwise handled in accordance with the state budget law, same being Section 27-103-1 et seq., Mississippi Code of 1972.

     SECTION 8.  Of the funds appropriated in Section 2, funds are included in the amount appropriated to the State Department of Education to be transferred to the Mississippi National Guard for the support of the Youth Challenge Program at Camp Shelby.

     SECTION 9.  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 10.  This act shall take effect and be in force from and after July 1, 2002.