MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Appropriations

By: Representative Peranich, Jennings, Banks, Broomfield, Coleman (29th), Denny, Dickson, Flaggs, Martinson, Stevens, Straughter

House Bill 1701

(As Passed the House)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ARCHIVES AND HISTORY, FOR THE FISCAL YEAR 2008; AND FOR RELATED PURPOSES.

     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, for the purpose of defraying the expenses of the Department of Archives and History for the fiscal year beginning July 1, 2007, and ending June 30, 2008$     9,119,315.00.

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 Department of Archives and History which is comprised of special source funds collected by or otherwise available to the department, for the purpose of defraying the expenses of the department for the fiscal year beginning July 1, 2007, and ending June 30, 2008.......................................

............................................ $     3,403,944.00.

     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$     6,437,758.00

Travel and Subsistence..............         24,395.00

Contractual Services.....................      3,305,934.00

Commodities..............................        455,447.00

     Capital Outlay:

Other Than Equipment................         30,000.00

Equipment...........................         39,100.00

Vehicles............................              0.00

Wireless Communication Devices......              0.00

Subsidies, Loans and Grants..............      2,230,625.00

Total.............................. $    12,523,259.00

  FUNDING:

General Funds........................... $     9,119,315.00

Special Funds............................      3,403,944.00

Total.............................. $    12,523,259.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........      114

Part Time...........       26

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

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 One Thousand Five Hundred Dollars ($1,500.00), whichever is greater.

     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 2009 do not exceed Fiscal Year 2008 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2009 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 2008 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 2008 "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 Department of Archives and History 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 2007.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2009 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 2008 budget request process.

     SECTION 5.  The Mississippi Department of Archives and History is hereby authorized to accept and expend any grant, donation or contribution from any individual, public or private organization, or government entity for purposes of defraying the operational costs of the department.  Such grants, donations or contributions shall be received and expended under the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

     SECTION 6.  It is the intent of the Legislature that the Mississippi Department of Archives and History shall charge the maximum amount allowable for services rendered, consistent with the cost of providing such services.  The funds derived from these charges shall be deposited into a special fund account in the State Treasury to the credit of the Mississippi Department of Archives and History.

     SECTION 7.  It is the intent of the Legislature that no part of the funds herein appropriated shall be required to be used for the payment of rent for the museum and public space in the State Historical Museum, Old Capitol Restoration.

SECTION 8.  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 from the Local Government Records Fund in the State Treasury to defray the cost of such program for the fiscal year beginning July 1, 2007, and ending June 30, 2008$       75,052.00.

     Of the funds appropriated in this section, 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$        67,197.00

Travel and Subsistence..............            900.00

Contractual Services.....................          3,955.00

Commodities..............................          1,300.00

     Capital Outlay:

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

Equipment...........................          1,700.00

Vehicles............................              0.00

Wireless Communication Devices......              0.00

Subsidies, Loans and Grants..............              0.00

Total.............................. $        75,052.00

  FUNDING:

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

Special Funds............................         75,052.00

Total.............................. $        75,052.00

  AUTHORIZED POSITIONS:

Permanent:    Full 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 One Thousand Five Hundred Dollars ($1,500.00), whichever is greater.

     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 2009 do not exceed Fiscal Year 2008 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2009 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 2008 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 2008 "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 9.  Of the funds provided in Section 2, Two Million Dollars ($2,000,000.00) is provided to the Department of Archives and History from the Mississippi Landmark Grant Fund as created in House Bill No. 1082, Regular Session of 1999, to help support the preservation of Mississippi Landmark Properties.

     SECTION 10.  It is the intention of the Legislature that the Department of Archives and History is hereby authorized to accept, budget and expend funds, not to exceed Five Hundred Thousand Dollars ($500,000.00), from special funds in the State Treasury to the credit of the State Treasury fund created in Section 27-19-56.69(8), Mississippi Code of 1972, for the purpose of paying the costs of repair and renovation of the New Capitol, the Old Capitol, the Governor's Mansion, and the War Memorial Building, in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

     SECTION 11.  Of the funds provided under the provisions of this act, One Hundred Ten Thousand Dollars ($110,000.00) is provided for the purpose of developing, maintaining and operating Beauvoir Shrine, the last home of Jefferson Davis, the only President of the Confederate States of America.

     SECTION 12.  It is the intention of the Legislature that the Executive Director of the Department of Archives and History 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 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 14.  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 Department of Archives and History for the purpose of supporting the Statewide Oral History Project for the fiscal year beginning July 1, 2007, and ending June 30, 2008$    150,000.00.

     SECTION 15.  Of the funds in Section 1, a sum not to exceed Seventy-five Thousand Dollars ($75,000.00) is provided as matching funds for a Preserve America Grant to fund research and workshops on how to rebuild the Gulf Coast's Heritage Tourism Industry after Hurricane Katrina.

     SECTION 16.  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 17.  This act shall take effect and be in force from and after July 1, 2007.