MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Appropriations
By: Representatives Read, Ladner, Arnold, Barton, Bennett, Brown, Cockerham, Holland, Huddleston (15th), Myers, Staples, Sullivan, Watson
AN ACT APPROVING THE EXPENDITURE OF SPECIAL FUNDS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT FOR THE FISCAL YEAR 2019.
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 authorized and approved for expenditure out of any funds which are received by or otherwise become available to the Pearl River Valley Water Supply District, for the purpose of defraying the expenses of the district for the fiscal year beginning July 1, 2018, and ending June 30, 2019
............................................ $ 18,209,440.00.
SECTION 2. Of the funds appropriated under the provisions of Section 1, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 119
Part Time........... 0
Time-Limited: Full Time........... 2
Part Time........... 0
With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2020 do not exceed Fiscal Year 2019 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2019 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 ensure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2019 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of benchmarks. 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 2019 "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.
None of the funds herein appropriated shall be used in violation of Internal Revenue Service’s Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.
SECTION 3. It is the intention of the Legislature that the Pearl River Valley Water Supply District 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 2018. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2020 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 2019 budget request process.
SECTION 4. 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 5. The funds herein approved for expenditure, except and less an amount approved by the State Fiscal Officer which shall be sufficient to cover disbursements for current operations, shall be deposited at interest with any official depository of the state at a rate of interest numerically not less than one percent (1%) below the bank discount rate on United States Treasury bills of comparable maturity as determined by the State Treasurer.
SECTION 6. None of the funds appropriated for expenditure under this act may be expended by Pearl River Valley Water Supply District until the district agrees to comply with the following conditions: (1) If any local governmental or nonprofit entity wins the bid for the ESPN Bass Masters Classic or the FLW Major Open, these events shall be exempt from the district's lottery system for host events at the reservoir and given priority of any and all date options available. (2) If any local governmental or nonprofit entity wins the bid for such events, the district shall waive the daily launch fees or any other special event fees for the ESPN Bass Masters Classic or the FLW Major Open. (3) The Catch A Dream Foundation Bass Classic shall be held on the first Sunday in May unless any local governmental or nonprofit entity wins the bid for the ESPN Bass Masters Classic or the FLW Major Open on that date. The Catch A Dream Foundation Bass Classic shall be exempt from the district's lottery system for host events at the reservoir and given priority for the first Sunday in May. The district shall waive the daily launch fees or any other special event fees for the Classic.
SECTION 7. Of the funds appropriated herein, Two Hundred Thousand Dollars ($200,000.00) is provided for salary increase for the purpose of funding overtime, callback or standby pay.
SECTION 8. It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.
SECTION 9. The money herein approved for expenditure shall be disbursed upon bank checks signed by the proper person, officer or officers, in the manner provided by law or in accordance with the provisions of a valid trust indenture.
SECTION 10. It is the intention of the Legislature that this agency shall have the authority to expend funds from any source that may become available to the agency in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds for the purpose of funding any increase in health insurance costs for Fiscal Year 2019, or for the purpose of funding additional fees, costs or assessments received by the agency from the Department of Information Technology Services or the Department of Finance and Administration for Fiscal Year 2019 that may be incurred by the agency as a result of legislation passed during the 2018 Regular Session of the Legislature and approved by the Governor. The agency is authorized to escalate other special funds for the limited purposes provided in this section in an amount not to exceed Thirteen Thousand Sixty-eight Dollars ($13,068.00).
SECTION 11. This act shall take effect and be in force from and after July 1, 2018.