House Bill NO. 1779

                             By Senator(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 Treasury to the credit of the Public Service Commission Regulation Fund, for the purpose of defraying the expenses of the Mississippi Public Service Commission for the fiscal year beginning July 1, 2002, and ending June 30, 2003   

........................................... $     9,926,840.00.

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


     Personal Services:

          Salaries, Wages and Fringe Benefits$     6,151,507.00

          Travel and Subsistence.............        690,600.00

     Contractual Services....................      1,787,207.00

     Commodities.............................        375,110.00

     Capital Outlay:

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

          Equipment..........................        914,416.00

     Subsidies, Loans and Grants.............          8,000.00

          Total............................. $     9,926,840.00


     Permanent:    Full Time...........      135

                    Part Time..........        1

     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 3.  None of the funds herein appropriated by this act to the Public Service Commission shall be expended for any purpose that is not actually required or necessary for performing any of the powers or duties of the Mississippi Public Service Commission that are authorized by the Mississippi Constitution of 1890, state or federal law, or rules or regulations that implement state or federal law.

     SECTION 4.  It is the intention of the Legislature that the Public Service Commission shall have the authority to escalate and expend funds from any proceeds arising from participation in drug seizure activities not to exceed Fifty Thousand Dollars ($50,000.00), in accordance with the rules and regulations of the Department of Finance and Administration.

     SECTION 5.  It is the intention of the Legislature that with the funds provided herein, overtime may be paid to PSC-Enforcement Office Regulated Carrier positions, the PSC-Enforcement Officer Chief position, PSC-Enforcement Officer District Supervisor positions, PSC-Special Projects Officer IV position, and PSC-Training Director position.

     SECTION 6.  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 7.  This act shall take effect and be in force from and after July 1, 2002.