House Amendments to Senate Bill No. 3037
TO THE SECRETARY OF THE SENATE:
THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
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 funds in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Emergency Management Agency in accordance with the provisions of Section 33-15-1 et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2006, and ending June 30, 2007 $ 6,666,340.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the special fund in the State Treasury to the credit of the Mississippi Emergency Management Agency which is comprised of special source funds collected by or otherwise available to the agency, for the support and maintenance of the agency for the fiscal year beginning July 1, 2006, and ending June 30, 2007..................................................
............................................ $ 5,074,395.00.
SECTION 3. Of the funds appropriated under the provisions of Sections 1 and 2, 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$ 6,416,146.00
Travel and Subsistence.............. 104,352.00
Contractual Services..................... 2,674,874.00
Commodities.............................. 259,863.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 463,500.00
Subsidies, Loans and Grants.............. 1,822,000.00
Total.............................. $ 11,740,735.00
FUNDING:
General Funds........................... $ 6,666,340.00
Special Funds............................ 5,074,395.00
Total.............................. $ 11,740,735.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 137
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 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. It is the intention of the Legislature that the Director of the Mississippi Emergency Management Agency may, upon the request of a local public emergency management organization in an area which has suffered a natural disaster, supply equipment to rural water associations to enable their continued operation when the local emergency management organization determines that such private entities provide services essential to the welfare of the community.
SECTION 5. It is the intention of the Legislature that the Director of the Mississippi Emergency Management Agency shall provide enhanced training to local governments, supervisors, mayors, civil defense groups and municipal associations in disaster management.
SECTION 6. 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 Emergency Management Agency for the purpose of defraying certain administrative expenses and the state share of the cost of disaster assistance programs, including, but not being limited to, public assistance programs, individual and family grant programs, and mitigation programs, for the fiscal year beginning July 1, 2006, and ending June 30, 2007........$ 4,733,132.00.
SECTION 7. 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 Emergency Management Agency Fund Nos. 3724, 3725, 3728, 372U, 372C, 3729 and 372K for the purpose of defraying certain administrative expenses and the state and federal share of the cost of disaster assistance programs, including, but not being limited to, public assistance programs, individual and family grant programs, and mitigation programs, for the fiscal year beginning July 1, 2006, and ending June 30, 2007...................................$ 87,125,281.00.
SECTION 8. Of the funds appropriated under the provisions of Sections 6 and 7, 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$ 0.00
Travel and Subsistence.............. 100,000.00
Contractual Services..................... 1,257,329.00
Commodities.............................. 242,973.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 1,193,652.00
Subsidies, Loans and Grants.............. 89,064,459.00
Total.............................. $ 91,858,413.00
FUNDING:
General Funds........................... $ 4,733,132.00
Special Funds............................ 87,125,281.00
Total.............................. $ 91,858,413.00
SECTION 9. The funds appropriated under the provisions of Sections 6 and 7 are provided to defray certain administrative expenses and the state and federal share of the cost of disaster assistance programs, including public assistance programs, individual and family grant programs, and mitigation programs resulting from, but not being limited to, the following:
September 1998 Hurricane Georges #1251
September 2004 Hurricane Ivan #1550
February and March 2001 Tornado Disasters #1360
April 2001 Floods #1365
June 2001 Tropical Storm Allison #1382
November 2001 Tornado/Flood #1398
October 2002 Tropical Storm Isidore #1436
November 2002 Tornado (Columbus/MUW) #1443
April 2003 Severe Storms #1459
May 2003 Severe Storms #1470
Hazard Mitigation Programs
Emergency Preparedness Programs
SECTION 10. None of the funds appropriated in Section 6 shall be used to establish a special reserve fund in the State Treasury for disaster relief except as provided for in Sections 43-41-1 et seq. and 43-41-301 et seq., Mississippi Code of 1972.
SECTION 11. It is 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 12. It is the intention of the Legislature that the Executive Director of the Mississippi Emergency Management Agency may authorize increases in any major objects of expenditures in total amounts not to exceed twenty-five percent (25%) of the appropriated amount of each major object of expenditure, provided that other major objects of expenditure are decreased by a corresponding dollar amount. However, no transfers shall be authorized which increase the major object of expenditure "Salaries, Wages and Fringe Benefits."
SECTION 13. It is the intention of the Legislature that the Executive Director of the Mississippi Emergency Management Agency shall have authority to transfer not more than Five Hundred Thousand Dollars ($500,000.00) from any general or special fund treasury fund and major object budget category to another special or general fund treasury fund and major object budget category accordingly under the control of the Mississippi Emergency Management Agency. The purpose of this authority is to more efficiently use available cash reserves. It is further the intention of the Legislature that the Executive Director of the Mississippi Emergency Management Agency shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth (15th) of the month prior to the effective date of the transfer.
SECTION 14. 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 15. All expenditures of funds appropriated by this act for the purposes of advertising through the media shall comply with the provisions of this section. All notices, advertisements, or announcements designed to accomplish distribution of vital information paid for wholly or in part through funds appropriated by this act and distributed through the media shall be placed according to a formula based upon the following criteria:
(a) Outlets of the Mississippi Public Broadcasting System shall receive twenty percent (20%) of all expenditures allotted for any advertising campaign undertaken by the agency to which funds are appropriated by this act. All distribution of information undertaken by the Mississippi Broadcasting System under these requirements shall conform to the accepted standards of information distribution common to public media.
(b) Media outlets, other than outlets of the Mississippi Public Broadcasting System, shall receive placement of such notices through the following method of distribution and based upon commonly accepted boundaries of distribution:
(i) Newspapers. Newspapers demonstrating established market reach through verifiable and auditable circulation numbers shall receive twenty-five percent (25%) of all expenditures allotted for distribution of vital information, and such expenditures to the individual newspapers shall be determined and prorated based upon the verifiable and auditable share of total circulation within the individual counties. This requirement does not replace the requirements and systems currently in place regarding legal notices in the newspapers.
(ii) Radio. Radio stations demonstrating established market reach through verifiable and auditable market share information as recorded through reputable and established rating services shall receive twenty percent (20%) of all expenditures allotted for such distribution of vital information, and such expenditures to the individual stations shall be determined and prorated based upon the verifiable and auditable share of total market reach within the individual counties.
(iii) Television. Television stations and television cable outlets demonstrating established market reach through verifiable and auditable market share information as recorded through reputable and established rating services shall receive twenty percent (20%) of all expenditures allotted for such distribution of vital information, and such expenditures to the individual stations shall be determined and prorated based upon the verifiable and auditable share of total market reach within the individual demonstrated market reach area of the station or cable outlet.
(iv) Magazines. Magazines demonstrating established market reach through verifiable and auditable circulation numbers shall receive ten percent (10%) of all expenditures allotted for such distribution of vital information, and such expenditures to the individual magazines shall be determined and prorated based upon the verifiable and auditable circulation numbers within the counties. If no magazine exists which meets the criteria stated above, the portion of those funds so allotted shall be distributed among the other media outlets equally.
(v) Electronic media. Electronic media demonstrating established market reach through verifiable and auditable circulation numbers shall receive five percent (5%) of all expenditures allotted for such distribution of vital information, and such expenditures to the individual electronic media outlets shall be determined and prorated based upon the verifiable and auditable circulation numbers within the counties. If no electronic media exists which meets the criteria stated above, the portion of those funds so allotted shall be distributed equally among the other media outlets.
Provisions of this section do not apply to the placement of advertisements in national media outlets to recruit economic development or to promote tourism in the state.
SECTION 16. The expenditure of the funds appropriated by this act shall be under the direction of the Governor and shall be paid by the State Treasurer out of any money in 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 17. This act shall take effect and be in force from and after July 1, 2006.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY, AND FOR THE PURPOSE OF ESTABLISHING A DISASTER RELIEF RESERVE FUND AND DEFRAYING THE COSTS RELATED TO CERTAIN DISASTER ASSISTANCE PROGRAMS, FOR FISCAL YEAR 2007.
HR40\SB3037PH.J
Don Richardson
Clerk of the House of Representatives