MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Appropriations

By: Senator(s) Hall, Burton, Dearing, Kirby, Mettetal, Ross, Walls, White (5th)

AN ACT MAKING AN APPROPRIATION OF SPECIAL FUNDS TO DEFRAY THE EXPENSES OF THE OFFICE OF THE SECRETARY OF STATE FOR FISCAL YEAR 2000.

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 appropriated out of any money in the State Treasury to the credit of the Office of the Secretary of State, for the purpose of defraying the expenses incurred by said office for the fiscal year beginning July 1, 1999, and ending June 30, 2000 $ 8,093,200.00.

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:

Personal Services:

Salaries, Wages and Fringe Benefits $ 4,301,590.00

Travel and Subsistence 81,600.00

Contractual Services 2,862,460.00

Commodities 503,550.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 143,000.00

Subsidies, Loans and Grants 201,000.00

Total $ 8,093,200.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 72

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 19

Part Time. . . . . . . . . 0

From the funds provided in the budget category "Personal Services: Salaries, Wages and Fringe Benefits," funds may be expended for the following purposes, in compliance with the policies established by the State Personnel Board and any conditions placed on such expenditures:

(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein.

(b) Funds are provided to adjust the Variable Compensation Plan, including realignment, to ensure that all full-time employees with at least six (6) months of continuous current service, as of June 30, 1999, receive an increase of One Thousand Five Hundred Dollars ($1,500.00). Funds are provided to adjust critical job classes up to an additional One Thousand Dollars ($1,000.00).

(c) If an employee is currently at or above the end salary for his or her job classification, then the increase shall be built into the employee's base salary. To be eligible for any increase authorized in this section, employees may not have a current performance rating below "meets expectations" as of the effective date of the increase. Employees who subsequently receive a performance rating of "meets expectations" or above during Fiscal Year 2000 shall receive the salary increase effective the date of the rating.

It is the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2001 do not exceed Fiscal Year 2000 funds appropriated for that purpose unless programs or positions are added to the agency's budget by the Mississippi Legislature.

Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law.

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.

SECTION 3. None of the funds appropriated by this act shall be expended for any purpose that is not actually required or necessary for performing any of the powers or duties of the Office of the Secretary of State that are authorized by the Mississippi Constitution of 1890, state or federal law, or rules or regulations that implement state or federal law.

SECTION 4. No part of the funds appropriated herein shall be used either directly or indirectly, for the purpose of paying any clerk, stenographer, assistant, deputy, or other person who may be related by blood or marriage within the third degree, computed by the rules of the civil law, to the official employing or having the right of employment or selection thereof; and in the event of any such payment, then the official or person approving and making or receiving such payment shall be jointly and severally liable to return to the State of Mississippi and to pay into the State Treasury three (3) times any such amount so paid or received, to be recovered at suit of the Attorney General; provided that when the relationship is by affinity and the person through whom the relationship was established is dead, this provision shall not apply.

SECTION 5. It is the intention of the Legislature that the Secretary of State shall have the authority to accept proceeds and revenues from fines, awards, or settlements produced by administrative or court actions involving the enforcement of the Mississippi Securities Act and the Regulation of Charitable Solicitations Act. Such funds are to be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of enforcement of the Mississippi Securities Act and the regulation of the Charitable Solicitations Act in accordance with applicable rules and regulations of the State Fiscal Officer. It is the intention of the Legislature that the funds deposited to the Securities Enforcement Act and Regulation of Charitable Solicitations Act Fund be maintained separate and apart from other special funds derived from fees charged by the Secretary of State and shall remain in that fund to be used by the Secretary of State as authorized herein.

SECTION 6. It is the intention of the Legislature that the Secretary of State shall have the authority to accept proceeds and revenues from the sale of tax forfeited properties in accordance with Section 29-1-95. These funds shall be deposited into a Special Fund in the State Treasury called the Land Records Maintenance Fund. Such funds are to be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of preserving state land records and disposition of tax forfeited properties in accordance with applicable rules and regulations of the State Fiscal Officer. It is the intention of the Legislature that the funds deposited to the Land Records Maintenance Fund be maintained separate and apart from other Special Funds derived from fees charged by the Secretary of State and shall remain in that fund to be used by the Secretary of State as authorized herein.

SECTION 7. It is the intention of the Legislature that the Secretary of State shall have the authority to accept proceeds and revenues from the lease rentals of tidelands and submerged lands in accordance with Section 29-1-107, Mississippi Code of 1972. These funds shall be deposited into a special fund in the State Treasury called the Public Trust Tidelands Fund. Such funds are to be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of managing the state tidelands and submerged lands in accordance with applicable rules and regulations of the State Fiscal Officer. It is the intention of the Legislature that the funds deposited to the Public Trust Tidelands Fund be maintained separate and apart from other special funds derived from fees charged by the Secretary of State and shall be used by the Secretary of State as authorized herein.

SECTION 8. Funds are provided in this act to reallocate one (1) position from Accounting and Finance Director to Bureau Director II at an annualized cost not to exceed Eleven Thousand Eight Hundred Two Dollars ($11,802.00).

SECTION 9. 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 10. This act shall take effect and be in force from and after July 1, 1999.