REPORT OF CONFERENCE COMMITTEE

 

MR. SPEAKER AND MADAM PRESIDENT:

 

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

 

H. B. No. 1667:  Budget; Contingency Fund; State Treasurer shall transfer certain special funds into.

 

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

 

 

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

 

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

 

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

 


     SECTION 1.  (1)  The State Treasurer shall transfer to the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972, out of the following enumerated funds, amounts listed below for each fund throughout the period beginning upon passage of this act and through June 30, 2003:

Agency/Fund                                              Amount

State General Fund                               $3,600,000.00

Working Cash-Stabilization

  Reserve Fund                                   $80,854,000.00

Total                                            $84,454,000.00

     (2)  From and after July 1, 2003, the State Treasurer shall transfer to the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972, out of the following enumerated funds, amounts listed below for each fund throughout the period beginning July 1, 2003, and through June 30, 2004:

Agency/Fund                           Fund No.            Amount

UM - State Court Education Program     3257       $   100,000.00

Department of Health                   3301       $2,500,000.00

Employment Compensation Revolving

  Fund                                3644       $1,000,000.00

Unclaimed Property Fund                3178       $5,000,000.00

Gaming Commission                      3188       $   299,391.00

Department of Insurance           3501/3503       $   400,000.00

Camp Shelby Timber Fund                3700       $   100,000.00

Real Estate Appraisers Licensing

  and Certification Board             3836       $   100,000.00

Public Contractors Board               3834       $   300,000.00

DPS - Law Enforcement Officers'

  Standards and Training Board        3742       $2,100,000.00

DPS - Emergency Telecommunications

  Standards and Training Board        3744       $3,000,000.00

DPS - Crime Stoppers                   371D       $   200,000.00

DPS - County Jail Officers Board       3741       $   200,000.00

Board of Bar Admissions                3055       $   350,000.00

Board of Nursing                       3838       $   200,000.00

Motor Vehicle Commission               3839       $   100,000.00

Board of Registration of Foresters     3844       $   100,000.00

Board of Pharmacy                      3846       $1,000,000.00

Criminal Justice Fund                  3086       $   350,000.00

MDA - CAP Loan Program                 34KX       $3,500,000.00

State General Fund                               $147,820,054.00

Department of Transportation           3941       $50,000,000.00

Workers' Compensation Commission       3521       $   100,000.00

Auctioneers Commission                 3820       $   100,000.00

Securities Act Enforcement Fund   3111/3114       $2,600,000.00

School Ad Valorem Tax Reduction Fund             $46,000,000.00

Total                                            $267,519,445.00

     (3)  In addition to the amounts transferred to the Budget Contingency Fund under the provisions of this act, the Budget Contingency Fund is authorized to receive any additional funds that may become available to the fund from any source during the period beginning upon passage of this act and through June 30, 2004.

     (4)  Not later than September 1, 2003, the State Treasurer shall transfer the sum of Fifty Million Dollars ($50,000,000.00) from the Budget Contingency Fund to the Working Cash-Stabilization Reserve Fund.

     SECTION 2.  (1)  The State Treasurer shall transfer to the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972, out of the following enumerated funds, the amount listed below for each fund throughout the period beginning upon  July 1, 2003, and ending June 30, 2004:

Agency/Fund                         Fund No.              Amount

Unclaimed Property Fund               3178        $10,000,000.00

Tort Claims Fund                      3080        $14,000,000.00

Department of Environmental

     Quality                                      $ 6,000,000.00

Total                                             $30,000,000.00

     (2)  Upon notification from the State Treasurer, the appropriate agency shall make the transfer from its special funds as required by the State Treasurer. 

     SECTION 3.  (1)  From July 1, 2003, until June 30, 2004, the State Treasurer shall transfer to the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972, from the aggregate of special funds in the State Treasury, an amount equal to Fifty-four Million Dollars ($54,000,000.00) or such lesser amount as provided in subsection (2) of this section.  The funds shall be transferred in accordance with a schedule established by the State Treasurer, but the total amount transferred in any one (1) month shall not exceed Thirteen Million Five Hundred Thousand Dollars ($13,500,000.00) and the amount transferred from any one (1) fund during fiscal year 2004 shall not exceed twenty-five percent (25%) of the balance of the fund, as determined by the State Treasurer.

     (2)  The amount of Fifty-four Million Dollars ($54,000,000.00) that the State Treasurer is directed to transfer to the Budget Contingency Fund under subsection (1) of this section shall be reduced by the amount of the unencumbered General Fund cash balance at the close of fiscal year 2003 that is deposited into the Working-Cash Stabilization Reserve Fund under Section 27-103-203, Mississippi Code of 1972.  The amount of the unencumbered General Fund cash balance at the close of fiscal year 2003 that is deposited into the Working Cash-Stabilization Reserve Fund under Section 27-103-203, Mississippi Code of 1972, shall be transferred from the Working Cash-Stabilization Reserve Fund to the Budget Contingency Fund on the same date that the amount is deposited into the Working Cash-Stabilization Reserve Fund or as soon thereafter as practicable.

     (3)  The State Treasurer shall determine which special funds shall be transferred to the Budget Contingency Fund in any month under this section and shall notify the appropriate agency, except that the Working Cash-Stabilization Reserve Fund, trust funds, bond proceed funds, federal funds, special-source funds used to match federal funds, special-source funds to the credit of the Mississippi Department of Transportation, special-source funds listed in Section 2 of this act and special-source funds to the credit of the Department of Mental Health derived from client care, and special-source funds to the credit of the Telecommunications Ad Valorem Tax Reduction Fund established under Section 27-38-7, Mississippi Code of 1972, shall be exempt from any required transfer under this section.  Upon notification from the State Treasurer, the agency shall make the transfer from its special funds as required by the State Treasurer.

     SECTION 4.  (1)  There is created in the State Treasury a special fund to be known as the Special Funds Transfer Fund, which shall be comprised of the monies required to be deposited into the fund under Section 27-65-75(18) for the repayment of certain funds transferred to the Budget Contingency Fund.  Upon receipt of monies deposited into the fund under Section 27-65-75(18), the State Treasurer shall transfer those monies to the special funds from which transfers were made under Sections 2 and 3 of this act.

     (2)  Unexpended amounts remaining in the fund on September 30, 2005, shall lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund.

     SECTION 5.  The Governor or the Department of Finance and Administration shall not rescind or restore any reductions or revisions of estimates or allocations of general funds or state-source special funds made by the Governor or the Department of Finance and Administration under the provisions of Section 27-104-13 or Section 31-17-123 during fiscal year 2003 or any fiscal year thereafter.

     SECTION 6.  It is the intent of the Legislature that the Executive Director of the Division of Medicaid shall maintain the current services until such time as the 2004 Legislature convenes.  This is not intended to affect any of the provisions in House Bill No. 897, 2003 Regular Session, or other cost saving measures that otherwise may be implemented. 

     SECTION 7.  This act shall take effect and be in force from and after its passage.


     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 


     AN ACT TO DIRECT THE TREASURER TO TRANSFER CERTAIN FUNDS TO THE BUDGET CONTINGENCY FUND; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE SPECIAL FUNDS TRANSFER FUND, WHICH


SHALL BE COMPRISED OF THE MONIES REQUIRED TO BE DEPOSITED INTO THE FUND UNDER SECTION 27-65-75(18), MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.


 

 

CONFEREES FOR THE HOUSE

CONFEREES FOR THE SENATE

 

 

X (SIGNED:)

X (SIGNED:)

Charlie Capps, Jr.

Jack Gordon

 

 

X (SIGNED:)

X (SIGNED:)

Bobby Moody

Travis L. Little

 

 

X (SIGNED:)

X (SIGNED:)

William J. McCoy

William R. Minor