MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Appropriations

By: Senator(s) Hopson, Polk, Blackwell, Simmons (13th), Williams

Senate Bill 3048

(As Passed the Senate)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE MISSISSIPPI DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2023.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  The following sum of money, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to defray the expenses of the Mississippi Development Authority for the fiscal year beginning July 1, 2022, and ending June 30, 2023..........................

............................................ $    20,438,373.00.

SECTION 2.  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 Development Authority or the appropriate special fund for the purpose of defraying the expenses incurred in the operation of the various divisions of the authority for the fiscal year beginning July 1, 2022, and ending June 30, 2023 $    82,963,650.00.

     SECTION 3.  Of the funds appropriated under the provisions of this act, the following positions are authorized:

  AUTHORIZED POSITIONS:

Permanent:     Full Time............      190

Part Time............        2

Time-Limited:  Full Time............       46

Part Time............        0

     With the funds herein appropriated, it shall be the agency’s responsibility to make certain that funds required for “Personal Services” for Fiscal Year 2024 do not exceed Fiscal Year 2023 funds appropriated for that purpose unless programs or positions are added to the agency’s Fiscal Year 2023 budget by the Mississippi Legislature.  The Legislature shall determine the agency’s personal services appropriation, which shall be published by the State Personnel Board.  Additionally, the State Personnel Board shall determine and publish the projected annualized payroll costs based on current employees.  It shall be the responsibility of the agency head to ensure that actual personnel expenditures for Fiscal Year 2023 do not exceed the data provided by the Legislative Budget Office.  If the agency’s Fiscal Year 2023 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board with the exception of new hires that are determined to be essential for the agency.

     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 funding Project SEC2 minimum salaries for all employees covered under the Colonel Guy Groff/Neville Kenning Variable Compensation Plan.  It shall be the agency’s responsibility to ensure that the funds are used to increase all employees’ salaries up to the minimum level as determined by the State Personnel Board.

     SECTION 4.  In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency.  Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

                                                          FY2023

Performance Measures                                       Target

Global Business

     Number of National Recruitment Contacts                 1,000

     Number of International Investment Contracts            1,800

     Number of International Trade Contracts                 1,000

     Number of Qualified National Prospects                   225

     Return on Investment (ROI)                             10.00

     Number of New Businesses - Global Contacts                 15

     Number of New Jobs from Global Contacts                 3,000

Minority & Small Business Dev

     Number of Minority & Small Business Contacts            8,000

     Number of Minority Business

          Certification Applications Processed                190

     Technical Assistance to Disadvantaged

          Contacts                                         2,300

     State Contracting with Minority Business ($)    45,000,000.00

Financial Resources

     Number of Requests for Financing or

          Incentives                                         225

Existing Industry & Business

     Number of Interactions with Interested

          Businesses                                        2,500

     Number of Qualified Contacts                             750

     Number of Expansions                                      30

     Number of Jobs Created from Expansions                 3,000

Energy

     Number of Energy Efficiency & Renewable

          Energy Direct Contacts                           12,000

Community Services

     Awarded Grants & Loans for Community &

          Economic Development ($)                  50,000,000.00

     Number of Grants & Loans Awarded                         100

Support Services

     Administration as a Percent of Total Budget              9.50

Tourism

     Number of Tourist Inquiries Generated                 37,875

     Number of Visitors per Year                       26,000,000

     Travel Revenue ($ in Billions)                          6.67

Welcome Centers

     Number of Tourists Registered                      2,448,600

     A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2024.

     SECTION 5.  Of the funds appropriated in Section 2, the amount of Eight Hundred Thousand Dollars ($800,000.00) shall be provided from the Mississippi Department of Transportation to defray the expenses of the Mississippi Development Authority in operating the state welcome centers.

     SECTION 6.  It is the intention of the Legislature that the Mississippi Development Authority 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 2022.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2024 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 2023 budget request process.

     SECTION 7.  Of the funds appropriated in Sections 1 and 2, the amount of Four Million Eight Hundred Seventy-six Thousand Two Hundred Ninety-eight Dollars ($4,876,298.00), or so much thereof as may be necessary, is provided for the purpose of supporting Mississippi Tourism Advertising and Promotion for Fiscal Year 2023, and shall not be expended for any type of cultural exchange program.  Of the funds appropriated herein and allocated within this section, Two Hundred Ninety-nine Thousand Dollars ($299,000.00) is provided for Tourism Grant Development Awards.

     SECTION 8.  It is the intention of the Legislature that none of the funds appropriated above shall be expended unless members of the Mississippi House of Representatives and Mississippi Senate are notified at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement or ceremony regarding the groundbreaking or opening of a facility, roadway or bridge for which the Legislature has made funds available.  Any signage regarding any public event or any new facility, roadway or bridge shall include the following language:  "Funds were made available for this project by the Mississippi State Legislature."

     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.  Of the funds appropriated in Section 1, One Hundred Thousand Dollars ($100,000.00) is provided for the Mississippi Delta National Heritage Areas.

SECTION 11.  Of the funds appropriated in Section 1, One Hundred Thousand Dollars ($100,000.00) is provided for the Mississippi Hills National Heritage Area.

SECTION 12.  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 Mississippi Development Authority for the purpose of reauthorizing the expenditure of Capital Expense Funds for the MDA Site Development Grant Program Fund, as authorized in Senate Bill No. 2951, 2021 Regular Session, for the fiscal year beginning July 1, 2022, and ending June 30, 2023................ $     10,000,000.00

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance of June 30, 2022.

SECTION 13.  It is the intention of the Legislature that the Mississippi Development Authority is hereby authorized to escalate, budget, and expend funds from any source not to exceed Ten Million Dollars ($10,000,000.00) in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

SECTION 14.  It is the intention of the Legislature that the Mississippi Development Authority shall submit a notification of any General Fund Transfers out of the major category Subsidies into any other major categories to the Legislative Budget Office.

SECTION 15.  Of the funds appropriated in Section 1, Twenty Thousand Twenty-five Dollars ($20,025.00) shall be provided for the support of the Mississippi River Parkway Commission.

     SECTION 16.  Of the funds appropriated in Section 1, Zero Dollars ($0.00) shall be transferred to Innovate Mississippi.

     SECTION 17.  Of the funds appropriated in Section 1, One Hundred Fifty-six Thousand Dollars ($156,000.00) is provided for the Energy High School Academy, established by Senate Bill No. 2928, 2019 Regular Session.

SECTION 18.  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 Mississippi Development Authority for the purpose of reauthorizing the expenditure of Capital Expense Funds for the Air Service Development Act, as authorized in Senate Bill No. 2977, 2020

Regular Session, for the fiscal year beginning July 1, 2022, and ending June 30, 2023.................................. $     246,431.00.

     Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance of June 30, 2022.

     SECTION 19.  It is the intention of the Legislature that the Mississippi Development Authority may provide operational support to any park operated by the United States National Park Service in Mississippi during the event of a government shutdown that materially affects the operations of such park.

     SECTION 20.  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 21.  This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed from and after June 30, 2022.