MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Appropriations

By: Representative Brown, Warren, Banks, Eaton, Flaggs, Gadd, Gibbs, Hamilton (109th), Holland, Middleton, Read, Stevens

House Bill 1577

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION TO THE DEPARTMENT OF REHABILITATION SERVICES FOR FISCAL YEAR 2007.

     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, to the Department of Rehabilitation Services for the fiscal year beginning July 1, 2006, and ending June 30, 2007.................... $    11,536,638.00.

SECTION 2.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Department of Rehabilitation Services which is comprised of special source funds collected by or otherwise available to the department for the support of the various offices of the department, for the purpose of defraying the expenses of the department for the fiscal year beginning July 1, 2006, and ending June 30, 2007  

............................................ $   148,371,567.00.

     SECTION 3.  Of the funds appropriated under the provisions of Section 2, Five Million Seventy-one Thousand One Hundred Eighteen Dollars ($5,071,118.00) shall be derived from the Health Care Expendable Fund created in Section 43-13-407, Mississippi Code of 1972.  The above funds shall be allocated as follows:

     Fully match all available federal

           funds..................$3,832,591.00

     Independent Living Program which

          includes the State Attendant

          Care Program............$1,177,498.00

     Deaf and hard of hearing.....$   61,029.00

     SECTION 4.  Of the funds appropriated under the provisions of Sections 1, 2 and 3, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

                OFFICE OF VOCATIONAL REHABILITATION

   MAJOR OBJECTS OF EXPENDITURE:

     Personal Services:

Salaries, Wages and Fringe Benefits$    22,416,992.00

Travel and Subsistence..............        634,000.00

Contractual Services.....................      3,703,624.00

Commodities..............................        276,592.00

     Capital Outlay:

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

Equipment...........................        352,426.00

Subsidies, Loans and Grants..............     23,456,666.00

Total.............................. $    50,840,300.00

  FUNDING:

General Funds........................... $     6,559,048.00

Special Funds............................     44,281,252.00

Total.............................. $    50,840,300.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........      458

Part Time...........        7

Time-Limited:Full Time...........      100

Part Time...........        2

             OFFICE OF DISABILITY DETERMINATION SERVICES

  MAJOR OBJECTS OF EXPENDITURE:

     Personal Services:

Salaries, Wages and Fringe Benefits$    14,842,590.00

Travel and Subsistence..............        225,000.00

Contractual Services.....................      9,051,964.00

Commodities..............................        523,390.00

     Capital Outlay:

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

Equipment...........................      1,000,000.00

Subsidies, Loans and Grants..............     10,788,445.00

Total.............................. $    36,431,389.00

  FUNDING:

General Funds........................... $             0.00

Special Funds............................     36,431,389.00

Total.............................. $    36,431,389.00

   AUTHORIZED POSITIONS:

Permanent:    Full Time...........      274

Part Time...........       20

Time-Limited:Full Time...........       61

Part Time...........        0

          OFFICE OF VOCATIONAL REHABILITATION FOR THE BLIND

  MAJOR OBJECTS OF EXPENDITURE:

     Personal Services:

Salaries, Wages and Fringe Benefits$     3,886,080.00

Travel and Subsistence..............        131,514.00

Contractual Services.....................        803,130.00

Commodities..............................         71,449.00

     Capital Outlay:

Other Than Equipment................         12,000.00

Equipment...........................        178,827.00

Subsidies, Loans and Grants..............      7,240,411.00

Total.............................. $    12,323,411.00

  FUNDING:

General Funds........................... $     1,300,050.00

Special Funds............................     11,023,361.00

Total.............................. $    12,323,411.00

   AUTHORIZED POSITIONS:

Permanent:    Full Time...........       80

Part Time...........        0

Time-Limited:Full Time...........        4

Part Time...........        2

     The Office of Vocational Rehabilitation for the Blind shall remain accredited by using not more than Five Hundred Dollars ($500.00) of the funds appropriated along with matching funds for payment of fees to an accreditation agency recommended by the Rehabilitation Services Administration.

                    OFFICE OF SUPPORT SERVICES

  MAJOR OBJECTS OF EXPENDITURE:

     Personal Services:

Salaries, Wages and Fringe Benefits$     1,654,020.00

Travel and Subsistence..............         79,727.00

Contractual Services.....................        368,199.00

Commodities..............................         43,760.00

     Capital Outlay:

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

Equipment...........................         16,057.00

Subsidies, Loans and Grants..............         73,000.00

Total.............................. $     2,234,763.00

  FUNDING:

General Funds........................... $             0.00

Special Funds............................      2,234,763.00

Total.............................. $     2,234,763.00

   AUTHORIZED POSITIONS:

Permanent:    Full Time...........       23

Part Time...........        1

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

Part Time...........        0

SPINAL CORD AND HEAD INJURY PROGRAM

  MAJOR OBJECTS OF EXPENDITURE:

     Personal Services:

Salaries, Wages and Fringe Benefits$       895,013.00

Travel and Subsistence..............         29,021.00

Contractual Services.....................         71,828.00

Commodities..............................         10,840.00

     Capital Outlay:

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

Equipment...........................          5,800.00

Subsidies, Loans and Grants..............     18,495,082.00

Total.............................. $    19,507,584.00

  FUNDING:

General Funds........................... $             0.00

Special Funds............................     19,507,584.00

Total.............................. $    19,507,584.00

   AUTHORIZED POSITIONS:

Permanent:    Full Time...........       23

Part Time...........        0

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

Part Time...........        0

SPECIAL DISABILITY PROGRAM

  MAJOR OBJECTS OF EXPENDITURE:

     Personal Services:

Salaries, Wages and Fringe Benefits$     2,121,048.00

Travel and Subsistence..............         92,000.00

Contractual Services.....................        248,308.00

Commodities..............................         23,000.00

     Capital Outlay:

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

Equipment...........................         20,000.00

Subsidies, Loans and Grants..............     36,066,402.00

Total.............................. $    38,570,758.00

  FUNDING:

General Funds........................... $     3,677,540.00

Special Funds............................     34,893,218.00

Total.............................. $    38,570,758.00

   AUTHORIZED POSITIONS:

Permanent:    Full Time...........       55

Part Time...........        0

Time-Limited:Full Time...........        9

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 the realignment component of the Variable Compensation Plan or Fifteen Hundred Dollars ($1,500.00), whichever is greater, with not more than one-half (1/2) to be awarded on July 1, 2006, with the remainder to be awarded on January 1, 2007.

     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 2008 do not exceed Fiscal Year 2007 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2008 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 2007 appropriation for "Personal Services" when annualized, with the exception of escalated funds.  If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2007 "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 or allowable under the terms set forth within this act.  The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration.  The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

     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.

     It is the intention of the Legislature that the Executive Director of the Department of Rehabilitation Services may transfer between the various offices authorized herein both funds and positions not to exceed twenty-five percent (25%) of the receiving office in addition to any other transfers or escalations made in accordance with Section 27-104-17(3), Mississippi Code of 1972, Annotated.  The Executive Director of the Department of Rehabilitation Services shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth of the month prior to the effective date of the transfer.  It is further the intention of the Legislature that any transfers made under the provisions of this paragraph shall be of an emergency nature and that in no case shall the transfers be made which substantially alter the legislative intent for the various offices as set forth in the original appropriations made under this act.

SECTION 5.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any funds which are received by or otherwise become available to the Mississippi Department of Rehabilitation Services to provide funding for construction grants and establishment grants for the fiscal year beginning July 1, 2006, and ending June 30, 2007 

.............................................. $   4,000,000.00.

     SECTION 6.  It is the intention of the Legislature that the Department of Rehabilitation Services shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2006.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2008 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 2007 budget request process.

     SECTION 7.  It shall be unlawful for any officer, employee or other person whatsoever to use or permit or authorize the use of any automobile or any other motor vehicle owned by the State of Mississippi or any department, agency or institution thereof for any purpose other than upon the official business of the State of Mississippi or any agency, department or institution thereof.

     It is the intent of the Legislature that motor vehicles authorized to be owned and operated by this agency shall comply with Sections 25-1-77 through 25-1-93, Mississippi Code of 1972.

     SECTION 8.  Of the funds in Sections 1, 2 and 3, the Mississippi Department of Rehabilitation Services through the Office of Vocational Rehabilitation for the Blind is authorized to expend an amount not to exceed One Hundred Thousand Dollars ($100,000.00) for the National Federation for the Blind (NFB) News line service to allow blind and visually impaired persons to access newspapers through toll-free telephone calls.

     SECTION 9.  It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference.  A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.

     SECTION 10.  Of the funds appropriated herein, the following amount of Two Million Five Hundred Thousand Dollars ($2,500,000.00) shall be derived from Treasury Fund No. 3332 for the purpose of matching all available federal funds.  The Executive Director shall have the authority to transfer funds herein between the Office of Special Disability budget and the Spinal Cord and Head Injury Trust Fund budget.

     SECTION 11.  In addition to any funds appropriated herein, Three Hundred Thousand Dollars ($300,000.00) shall be derived from the Budget Contingency Fund, as created in Section 27-103-301, Mississippi Code of 1972.

     SECTION 12.  Of the funds appropriated in Section 11, Three Hundred Thousand Dollars ($300,000.00) is provided to the Mississippi Industries for the Blind for a certain manufacturing project and of this amount, Eighty Thousand Dollars ($80,000.00) shall be utilized to secure a contract for personal services to develop a business plan.  Said contractor shall have expertise and experience in financial planning and the development of comprehensive business plans.  Two Hundred Twenty Thousand Dollars ($220,000.00) shall be utilized to purchase manufacturing equipment.

     SECTION 13.  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 14.  This act shall take effect and be in force from and after July 1, 2006.