MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Appropriations

By: Representatives Read, Bennett, Barton, Boyd, Busby, Clark, Clarke, Currie, Eure, Haney, Jackson, Sanford, Watson, Young

House Bill 1612

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ARCHIVES AND HISTORY, FOR THE FISCAL YEAR 2024.

     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, 2023, and ending June 30, 2024..........................

............................................ $    11,890,911.00.

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, 2023, and ending June 30, 2024..................................................

............................................ $    34,133,859.00.

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

  AUTHORIZED HEADCOUNT:

Permanent:          155

Time-Limited:        10

     With the funds herein appropriated, it shall be the agency’s responsibility to make certain that funds required for Personal Services for Fiscal Year 2025 do not exceed Fiscal Year 2024 funds appropriated for that purpose unless programs or positions are added to the agency’s Fiscal Year 2024 budget by the Mississippi Legislature.  The Legislature shall determine the agency’s personal services appropriation, which the State Personnel Board shall publish.  The agency’s personal services appropriation may consist of restricted funds for approved vacancies for Fiscal Year 2024 that may not be utilized for active Fiscal Year 2023 Headcount.  It shall be the agency's responsibility to ensure that the funds provided for vacancies are used to increase headcount and not for promotions, title changes, in-range salary adjustments or any other mechanism for increasing salaries for current employees.  It is the Legislature’s intention that no employee salary falls below the minimum salary established by the Mississippi 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 2024 do not exceed the data provided by the Legislative Budget Office.  If the agency’s Fiscal Year 2024 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board except for new hires 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 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 the 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 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 2023.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2025 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 2024 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, 2023, and ending June 30, 2024.......... $      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 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 1599, 2022 Regular Session to provide for Beauvoir, for the fiscal year beginning July 1, 2023, and ending June 30, 2024 $    100,000.00.

Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section, shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year.  In addition, this reappropriation shall not change the purpose for which the funds were originally authorized.

SECTION 14.  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 1599, 2022 Regular Session to defray expenses of the Department of Archives and History for the fiscal year beginning July 1, 2023, and ending June 30, 2024................... $ 8,096,270.00.

This appropriation is made for the purpose of reauthorizing the expenditure of funds as allocated herein:

(a)  De la Pointe-Krebs House................ $    96,270.00.

(b)  Repair, renovation, and construction

projects undertaken by the Department of

Archives and History................... $ 8,000,000.00.

Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section, shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year.  In addition, this reappropriation shall not change the purpose for which the funds were originally authorized.

SECTION 15.  Of the funds appropriated under the provisions of Section 2, Ten Million Dollars ($10,000,000.00), or so much thereof, shall be derived out of any money in the State Treasury to the credit of the Capital Expense Fund, as created in Section 27-103-303, Mississippi Code of 1972, and allocated in a manner as determined by the Treasurer's Office.  This appropriation is made for the purpose of providing the funds necessary to authorize the expenditure of funds for the Vicksburg Military Park Interpretive Center.  As a condition of expending these funds, the Department shall enter into a memorandum of agreement or similar document with the U.S. Government National Park Services reflecting a plan for building an interpretive center and a lease agreement for lease space therein.

SECTION 16.  Of the funds appropriated under the provisions of Section 2, Two Million Dollars ($2,000,000.00), or so much thereof, shall be derived out of any money in the State Treasury to the credit of the Capital Expense Fund, as created in Section 27-103-303, Mississippi Code of 1972, and allocated in a manner as determined by the Treasurer's Office.  This appropriation is made for the purpose of providing the funds necessary to authorize the expenditure of funds for the Eudora Welty Library Project.

     SECTION 17.  Of the funds appropriated under the provisions of Section 2, Two Million Dollars ($2,000,000.00), or so much thereof, shall be derived out of any money in the State Treasury to the credit of the Capital Expense Fund, as created in Section 27-103-303, Mississippi Code of 1972, and allocated in a manner as determined by the Treasurer's Office.  This appropriation is made for the purpose of providing the funds necessary to authorize the expenditure of funds for Natchez Projects.

SECTION 18. Of the funds provided 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 Mississippi Historic Site Preservation Fund, for the purpose of making grants to nonprofit organizations as in Senate Bill 2834, 2021 Regular Session for the fiscal year beginning July 1, 2023, and ending June 30, 2024 $2,000,000.00.

SECTION 19.  Of the funds provided 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 Mississippi Community Heritage Preservation Grant Fund, for the purpose of grant assistance to Historic County Courthouses, School Buildings and Other Historic Buildings as in Section 39-5-145, Mississippi Code of 1972, for the fiscal year beginning July 1, 2023, and ending June 30, 2024.......... $   5,000,000.00.

SECTION 20.  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 21.  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 22.  This act shall take effect and be in force from and after July 1, 2023.