***Adopted***

AMENDMENT No. 1 PROPOSED TO

                             Senate Bill NO. 3164

                             By Representative(s) Committee


     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 appropriated out of any money in the State General Fund not otherwise appropriated, for payment of the expenses of the Mississippi Bureau of Narcotics of the Mississippi Department of Public Safety, created by Section 41-29-101 et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2002, and ending June 30, 2003   $     9,649,944.00.

     SECTION 2.  The following sum, or so much thereof as may be necessary, is hereby authorized for expenditure out of any money in the special fund in the State Treasury to the credit of the Mississippi Bureau of Narcotics of the Mississippi Department of Public Safety which is comprised of special source funds collected by or otherwise available to the agency, for the support and maintenance of the agency for the fiscal year beginning July 1, 2002, and ending June 30, 2003$     2,568,825.00.

     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$     8,689,709.00

          Travel and Subsistence.............        207,937.00

     Contractual Services....................      1,826,243.00

     Commodities.............................        871,830.00

     Capital Outlay:

          Other Than Equipment...............              0.00

          Equipment..........................        580,065.00

     Subsidies, Loans and Grants.............         42,985.00

          Total............................. $    12,218,769.00

  FUNDING:

     General Funds.......................... $     9,649,944.00

     Special Funds...........................      2,568,825.00

          Total............................. $    12,218,769.00

  AUTHORIZED POSITIONS:

     Permanent:    Full Time...........      209

                    Part Time..........        2

     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.  In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency.  Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

                                                         FY2003

Performance Measures                                     Target

Drug Enforcement

     Arrests Made (Persons)                                2,600

     Number of Prosecutions (Actions)                      2,300

     Organizations Disrupted/Dismantled (Actions)            135

     A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2004.

     SECTION 5.  Of the funds appropriated under the provisions of Section 2, funds are included to defray the costs of clothing for sworn law enforcement officers in an amount not to exceed One Thousand Dollars ($1,000.00) annually per officer.

     SECTION 6.  The Director of the Bureau of Narcotics shall have the authority to transfer any funds between any major objects of expenditure, including but not limited to Salaries, Wages, and Fringe Benefits, up to five percent (5%).

     SECTION 7.  No funds appropriated herein shall be used for the purpose of hiring new agents during Fiscal Year 2003; however, funds may be used to employ Mississippi Highway Patrol officers, former officers of the Mississippi Bureau of Narcotics or any law enforcement officer as an agent that has successfully completed training through a certified law enforcement training academy prior to July 1, 2002.

     SECTION 8. 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 9. This act shall take effect and be in force from and after July 1, 2002.