MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Appropriations
By: Representatives Read, Bennett, Banks, Barton, Boyd, Busby, Clark, Clarke, Criswell, Currie, Eure, Haney, Jackson, Sanford, Watson, Young
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ARCHIVES AND HISTORY, FOR THE FISCAL YEAR 2022.
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 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, 2021, and ending June 30, 2022..........................
............................................ $ 9,646,364.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is 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, 2021, and ending June 30, 2022..................................................
............................................ $ 9,050,033.00.
SECTION 3. Of the funds appropriated under the provisions of this act, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time............ 168
Part Time............ 5
Time-Limited: Full Time............ 8
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 2023 do not exceed Fiscal Year 2022 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2022 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. Absent a special situation or circumstance approved by the State Personnel Board, or unless otherwise authorized by this act, no state agency shall take any action to promote or otherwise award salary increases through reallocation or realignment. If the State Personnel Board determines a special situation or circumstance exists and approves an action, then the agency and the State Personnel Board shall provide a monthly report of each action approved by the State Personnel Board to the chairmen of the Accountability, Efficiency and Transparency Committees of the Senate and House of Representatives and the chairmen of the Appropriations Committees of the Senate and House of Representatives. 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 2022 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 2022 "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.
Funds have been appropriated herein for the purpose of implementation and funding Project SEC2 of the Colonel Guy Groff State Variable Compensation Plan beginning January 1, 2022, and ending June 30, 2022. It shall be the agency’s responsibility to make certain that each person, excluding executive directors, agency heads, and elected judges, shall receive no more than a 3% annual increase in salary which shall not exceed the market rate established by the State Personnel Board pursuant to the Colonel Guy Groff State Variable Compensation Plan for each classification.
With the funds appropriated herein, it is the intention of the Legislature that the Mississippi Department of Archives and History is authorized to set the compensation of PINs 48 and 234 based on the education and experience not to exceed the end salary which may include realignment of the classification as established by the State Personnel Board.
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 2021. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2023 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 2022 budget request process.
SECTION 5. 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 6. 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 7. 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 8. Of the funds provided under the provisions of this act, One Hundred Thousand Dollars ($100,000.00) is provided for the purpose of capital development and maintenance of Beauvoir Shrine, the last home of Jefferson Davis, the only President of the Confederate States of America, subject to approval by the Department of Archives and History. The expenditure of funds available in this section shall be subject to prior approval by the Department of Archives and History.
SECTION 9. 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 10. In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is 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, 2021, and ending June 30, 2022.......... $ 45,748.00.
SECTION 11. 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 12. Of the funds provided in Section 2, Seven Hundred Fifty Thousand Dollars ($750,000.00) is provided 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 funds.
SECTION 13. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Capital Expense Fund not otherwise appropriated for the Department of Archives and History for the purpose of reauthorizing the expenditure of Capital Expense Funds, as authorized in HB 1703, 2020 Regular Session to provide for the de la Pointe-Krebs House for the fiscal year beginning July 1, 2021, and ending June 30, 2022.................................... $ 651,319.00.
Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 2021.
SECTION 14. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the General Fund not otherwise appropriated for the Department of Archives and History for the purpose of reauthorizing the expenditure of General Funds as authorized in HB 1703, 2020 Regular Session to provide for Beauvoir, for the fiscal year beginning July 1, 2021, and ending June 30, 2022 $ 100,000.00.
Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 2021.
SECTION 15. The Mississippi Department of Archives and History is 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 not to exceed One Million Dollars ($1,000,000.00).
SECTION 16. Of the funds in Section 2, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Capital Expense Fund, for the purpose of defraying the expenses of Mississippi Department of Archives and History for the fiscal year beginning July 1, 2021, and ending June 30, 2022............................................ $ 300,000.00.
SECTION 17. Of the funds in Section 2, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Capital Expense Fund, for the purpose of funding Historic Site Preservation grants as created in Senate Bill 2834, 2021 Regular Session and administered by the Mississippi Department of Archives and History for the fiscal year beginning July 1, 2021, and ending June 30, 2022.............................. $1,000,000.00.
SECTION 18. 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 19. This act shall take effect and be in force from and after July 1, 2021.