Senate Bill 2589

(As Passed the Senate)

AN ACT TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER CERTAIN SPECIAL FUNDS INTO THE BUDGET CONTINGENCY FUND DURING FISCAL YEAR 2006 TO AMEND SECTION 1, SECTION 3 AND SECTION 5, CHAPTER 119, LAWS OF SECOND EXTRAORDINARY SESSION 2005, TO INCREASE AND REDUCE FUNDS IN THE FISCAL YEAR 2006 APPROPRIATION TO THE GOVERNOR'S OFFICE, DIVISION OF MEDICAID; AND FOR RELATED PURPOSES.

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

SECTION 1. The State Fiscal Officer shall transfer to the Budget Contingency Fund created in Section 27-103-301, out of the following enumerated special funds, the amount listed below for each fund during the period beginning upon the passage of this act through June 30, 2006:

AGENCY/FUND FUND NO. AMOUNT

Criminal Justice Fund 3086 $400,000.00

Treasury - Unclaimed Property

Fund 3178 100,000.00

TOTAL $500,000.00

SECTION 2. Section 1, Chapter 119, Laws of Second Extraordinary Session 2005, is amended as follows:

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 Governor's Office - Division of Medicaid for the purpose of providing medical assistance under the Mississippi Medicaid Law and defraying the expenses of the administration of such law, as provided in Section 43-13-101 et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2005, and ending June 30, 2006

............................................ $ 355,819,843.00.

SECTION 3. Section 3, Chapter 119, Laws of Second Extraordinary Session 2005, is amended as follows:

Section 3. 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 Governor's Office - Division of Medicaid which is comprised of special source funds collected by or otherwise available to the commission, for the purpose of providing medical assistance under the Mississippi Medicaid Law and defraying the expenses of the administration of such law, for the fiscal year beginning July 1, 2005, and ending June 30, 2006...... $ 3,009,281,635.00.

Prior period recovery of funds may be maintained and expended by the division when the recovery is received or finalized.

SECTION 4. Section 5, Chapter 119, Laws of Second Extraordinary Session 2005, is amended as follows:

Section 5. Of the funds appropriated under the provisions of Sections 1, 2, 3 and 4, 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$ 48,226,538.00

Travel and Subsistence.............. 1,282,556.00

Contractual Services..................... 116,809,000.00

Commodities.............................. 2,567,500.00

Capital Outlay:

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

Equipment........................... 2,714,000.00

Subsidies, Loans and Grants.............. 3,621,651,579.00

Total.............................. $ 3,793,251,173.00

FUNDING:

General Funds........................... $ 355,819,843.00

Special Funds............................ 3,437,431,330.00

Total.............................. $ 3,793,251,173.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 1,066

Part Time........... 0

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

Part Time........... 0

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 2007 do not exceed Fiscal Year 2006 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2007 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 2006 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 2006 "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.

The agency shall not take any action to promote or otherwise award salary increases through reallocation, reclassification, realignment, education benchmark, career ladder, or any other means to increase salaries of employees or positions unless specifically exempted by the following conditions: the award of teacher pay increases, the advancement of a trainee/cadet to the next level of a bona fide career ladder, the award of an educational benchmark for the attainment of Certified Public Accountant License or higher level professional certification as determined by the State Personnel Board, the immediate replacement of a departing employee with an individual from within state service or a new hire at a salary level equivalent to that of the departing employee, and the emergency appointment of nurses, pharmacists or other health care professionals at a salary to be determined by the State Personnel Board, unless otherwise authorized in this act.

SECTION 5. The Mississippi Public Employees' Retirement System shall transfer from Fund Number 3531 to the Budget Contingency Fund not later than August 31, 2006, any remaining balance as of June 30, 2006, of the Fifty Million Dollars ($50,000,000.00) of General Funds transferred to and utilized by the system as a credit against the one percent (1%) increase in General Fund employer contributions beginning July 1, 2005, pursuant to House Bill No. 1 of the Second Extraordinary Session of 2005.

SECTION 6. This act shall take effect and be in force from and after its passage.