MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Appropriations

By: Senator(s) Gordon, Little, Kirby, Cuevas, Flowers, Lee (35th), Turner

Senate Bill 3026

(As Passed the Senate)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE MISSISSIPPI DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2007.

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

SECTION 1.  The following sum of money, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to defray the expenses of the Mississippi Development Authority for the fiscal year beginning July 1, 2006, and ending June 30, 2007...

............................................ $    17,217,018.00.

SECTION 2.  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 Mississippi Development Authority or the appropriate special fund for the purpose of defraying the expenses incurred in the operation of the various divisions of the authority for the fiscal year beginning July 1, 2006, and ending June 30, 2007$    91,386,367.00.

     SECTION 3. With the funds appropriated under the provisions of Sections 1 and 2, the following positions are authorized:

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........      252

Part Time...........        2

Time-Limited:Full Time...........       14

Part Time...........        1

     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 Twelve Hundred Dollars ($1,200.00), whichever is greater, beginning on July 1, 2006.

     Pursuant to policies established by the State Personnel Board, agency heads may, on a case by case basis and within funds available, recommend equity salary adjustments to Fiscal Year 2006 agency appropriation acts where application of limitations result in awarding one employee a salary increase greater than another employee within the same agency, with the same job classification series and greater longevity.

     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.

     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:

                                                            FY07

Performance Measures                                      Target

Business Development & Trade

     National Recruitment Contacts (Actions)               2,900

     International Investment Contacts (Actions)             200

     International Trade Contacts (Actions)                  925

     Qualified National Prospects (Prospects)                250

Minority & Small Business Dev

     Minority & Small Business Contacts (Contacts)         7,500

     Minority Business Certifications (Actions)              498

Financial Resources

     Request for Financing or Incentives (Actions)           600

Existing Industry & Business

     Interactions with Interstate

          Businesses (Actions)                             6,300

     Number of Qualified Contacts                          2,000

Tourism Services

     Tourist Inquiries Generated (Number)              1,297,040

Welcome Centers

     Tourists Registered (Persons)                     2,986,242

Energy

     BTUs Saved (Units in Trillions)                       71.67

     Clients Served (Entities)                            34,650

Community Services

     Amount of Grants Awarded ($)                     66,000,000

     Grants & Loans Awarded (Items)                          220

     Community Programs Delivered (Programs)                 400

Regional Services

     Community Customer Contacts                             500

     Cost per Program Contact ($)                          2,511

     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 2008.

     SECTION 5.  Of the funds appropriated in Section 2, the amount of Four Hundred Fifty Thousand Dollars ($450,000.00) shall be provided from the Mississippi Department of Transportation to defray the expenses of the Mississippi Development Authority in operating the state welcome centers.

     SECTION 6.  The acceptance and expenditure of funds, and interest on such funds, received from, or by virtue of consent or other orders of or agreements involving any agency, instrumentality, or judicial tribunal of any state or the United States for petroleum price compliance and allocation which may become available during the fiscal year for the support of the Mississippi Development Authority or any programs sponsored under the terms of the receipt of these funds are hereby authorized not to exceed Two Million Dollars ($2,000,000.00) and approved, provided such receipts and expenditures are reported and otherwise accounted for in accordance with Section 27-103-101 et seq., and Section 27-104-1 et seq., Mississippi Code of 1972.

     SECTION 7.  It is the intention of the Legislature that the Mississippi Development Authority is hereby authorized to escalate, budget and expend funds from any source not to exceed Five Million Dollars ($5,000,000.00) in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

     SECTION 8.  It is the intention of the Legislature that the Mississippi Development Authority 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 9.  Of the funds appropriated in Sections 1 and 2, the amount of Four Million Four Hundred Sixty-two Thousand Dollars ($4,462,000.00), or so much thereof as may be necessary, is provided for the purpose of supporting Mississippi Tourism Advertising and Promotion for Fiscal Year 2007, and shall not be expended for any type of cultural exchange program.  The expenditure of funds authorized in this section shall be exempt from Section 25-9-120, Mississippi Code of 1972.

     SECTION 10.  Of the funds appropriated in Sections 1 and 2, the amount of One Million Sixty-seven Thousand Dollars ($1,067,000.00), or so much thereof as may be necessary, is provided for the purpose of supporting, marketing, and facilitating Mississippi business growth for Fiscal Year 2007.  The expenditure of funds authorized in this section shall be exempt from Section 25-9-120, Mississippi Code of 1972.

     SECTION 11.  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 money in the State General Fund not otherwise appropriated, to the Mississippi Development Authority for the purpose of providing funds for Mississippi Technology Alliance, for the fiscal year beginning July 1, 2006, and ending June 30, 2007 ..........     $1,203,522.00.

     The funds appropriated under the provisions of this section are provided for the specific purpose of providing state funds for support of Mississippi Technology Alliance to strengthen the business environment in Mississippi to spur the creation and growth of technology-based industries, thus creating many more high-paying jobs and a more diversified, competitive Mississippi economy.  The funds herein appropriated shall be held separate and apart from all other funds appropriated to the Mississippi Development Authority.

SECTION 12.  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 money in the State General Fund not otherwise appropriated, to the Mississippi Development Authority for the purpose of providing funds to support the Enterprise for Geospatial Solutions, for the

fiscal year beginning July 1, 2006, and ending June 30, 2007...

.............................................$       613,543.00.

     The funds herein appropriated shall be held separate and apart from all other funds appropriated to the Mississippi Development Authority. 

     SECTION 13.  It is the intention of the Legislature that of the funds appropriated in Sections 1 and 2, not more than Twenty Thousand ($20,000.00) may be expended for Mississippi Development Authority employee travel associated with business recruitment activities conducted at the Mississippi event located in New York City's Central Park.

     SECTION 14.  It is the intention of the Legislature that none of the funds appropriated above shall be expended unless members of the Mississippi House of Representatives and Mississippi Senate are notified at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement or ceremony regarding the groundbreaking or opening of a facility, roadway or bridge for which the Legislature has made funds available.  Any signage regarding any public event or any new facility, roadway or bridge shall include the following language:  "Funds were made available for this project by the Mississippi State Legislature."

     SECTION 15.  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 16.  This act shall take effect and be in force from and after July 1, 2006.