2007 Regular Session
By: Senator(s) Gordon, Little, Kirby, Cuevas, Flowers, Lee (35th), Turner, Dearing, Jackson (11th)
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES FOR FISCAL YEARS 2007 AND 2008.
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 authorized for expenditure out of any special source funds which are collected by or otherwise become available for the purpose of defraying the expenses of the Mississippi Department of Information Technology Services, for the fiscal year beginning July 1, 2007, and ending June 30, 2008.........................
............................................ $ 34,339,071.00.
SECTION 2. Of the funds appropriated under the provisions of Section 1, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:
MAJOR OBJECTS OF EXPENDITURE:
Salaries, Wages and Fringe Benefits$ 9,917,985.00
Travel and Subsistence.............. 102,000.00
Contractual Services..................... 21,875,306.00
Other Than Equipment................ 0.00
Wireless Communication Devices...... 3,500.00
Subsidies, Loans and Grants.............. 50,000.00
Total.............................. $ 34,339,071.00
Permanent: Full Time........... 142
Part Time........... 0
Time-Limited:Full Time........... 1
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 Dollars ($1,000.00), or Three Percent (3%) whichever is greater, to be awarded on July 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 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.
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 3. In order to offset the cost of publishing the annual Mississippi Official Telephone Directory, the Mississippi Department of Information Technology Services is hereby authorized, empowered and directed, in its discretion, to offer for advertising purposes, pages to be included in said Directory, to accept bids, and to let contracts for said pages. The contracts for said advertising purposes shall be let for definite periods not to exceed two (2) years.
It shall be the duty of the Mississippi Department of Information Technology Services, if it is desired that advertising shall be used, to approve all proposed advertising submitted for use within such annual Mississippi Official Telephone Directory. The department is hereby authorized, empowered and directed, in its discretion, to reject any and all bids submitted, and if all bids are rejected, the authority may negotiate a contract within the limitations of the specifications so long as the terms of any such negotiated contract are equal to or better than the comparable terms submitted by the lowest and best bidder. No sectarian, un-American, political, partisan or immoral advertisement, as determined solely by the authority or its successor, shall be accepted.
All monies derived from sale of such advertising shall be deposited in the appropriate special fund in the State Treasury to the credit of the Mississippi Department of Information Technology Services.
SECTION 4. In addition to all other funds heretofore appropriated, the following sum is hereby appropriated out of any money in the State Treasury to the credit of the Wireless Communication Commission for the purpose of defraying the expenses of the Commission for the period beginning upon passage and through June 30, 2008.......................... $ 17,000,000.00.
The Commission is hereby authorized to escalate federal funds in accordance with rules and regulations of the Department of Finance and Administration and up to a maximum of ten (10) positions in order to provide services prescribed by Section 25-53-171, Mississippi Code of 1972.
SECTION 5. The Mississippi Department of Information Technology Services is hereby authorized to receive additional funds from any state agency or other source, including one hundred percent (100%) general-fund agencies, for the purpose of providing data processing or telecommunications services to any governmental organization contracting with the Mississippi Department of Information Technology Services for such services. The Mississippi Department of Information Technology Services is further authorized to escalate an amount not to exceed One Million Dollars ($1,000,000.00) and to increase, up to a maximum of twenty (20) additional positions, the number of authorized positions listed in this act in order to provide the required data processing or telecommunications services for such governmental organizations, under the rules and regulations of the Department of Finance and Administration.
SECTION 6. Of the funds appropriated under the provisions of Section 1, Two Hundred Fifty Thousand Dollars ($250,000.00) is authorized for expenditure and for the established purpose of E-Government Special Fund 3602.
SECTION 7. None of the funds herein appropriated shall be expended by Information Technology Services if assessments, fees or rate levels charged to other state agencies for services are increased more than ten percent (10%) above the January 1, 2007, fee structure level, except for the establishment of rates for a new or expanded service, and required increases due to costs not within the control of this agency.
SECTION 8. It is the intention of the Legislature that the Department of Information Technology Services shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under the provisions of this act and that such records shall be in the same format and level of details as maintained for Fiscal Year 2007. It is further the intention of the Legislature that the 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 9. It is the intention of the Legislature that the Executive Director of the Mississippi Department of Information Technology may authorize increases in major objects of expenditure 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 10. 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 11. It is legislative intent to ensure beneficial information reaches as many Mississippians as possible. Further, it is legislative intent that the expenditure of public funds for this purpose be accomplished in an efficient and effective manner.
Therefore, state agencies as standard procedure, will observe the following criteria:
(1) Develop goals and desired result for a campaign.
(2) Evaluate effectiveness through respected advertising standards, including market reach and cost effectiveness.
(3) Seek public service announcements, which would be aired by media without cost.
(4) Itemize and justify professional assistance and related expenses for creative and production costs outside of the actual media expenditures.
(5) Utilize Mississippi owned media companies when feasible.
SECTION 12. The department is authorized to expend available funds on technology or equipment upgrades or replacements when it will generate savings through efficiency or when the savings generated from such upgrades or replacements exceed expenditures thereof.
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, 2007, except for Section 4 which shall take effect and be in force from and after passage.