Senate Bill NO. 3133

By Representative(s) Committee

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 office of the State Treasurer for the fiscal year beginning July 1, 1999 and ending June 30, 2000

$ 753,585.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any funds in the special fund entitled Abandoned Property Fund in the State Treasury for the purpose of defraying expenses of the State Treasurer in administering the Uniform Disposition of Unclaimed Property and certain other expenses of the office, for the fiscal year beginning July 1, 1999, and ending June 30, 2000

$ 1,835,775.00.

SECTION 3. Of the funds appropriated under the provisions of Sections 1 and 2, 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 $ 1,337,805.00

Travel and Subsistence 13,565.00

Contractual Services 982,515.00

Commodities 140,000.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 103,475.00

Subsidies, Loans and Grants 12,000.00

Total $ 2,589,360.00

FUNDING:

General Funds $ 753,585.00

Special Funds 1,835,775.00

Total $ 2,589,360.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 29

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

Time-Limited: Full Time. . . . . . . . . 0

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

SECTION 4. From the funds provided in this act, funds may be expended for the following purposes: The State Treasurer may invest up to one-half of the monies of the tobacco settlement in any of the investments authorized for the Mississippi Prepaid Affordable College Tuition Program under Section 37-155-9, and such investments shall be subject to the limitations prescribed by Section 37-155-9. For purposes of this section, "tobacco settlement" means the settlement of the case of Mike Moore, Attorney General ex rel. State of Mississippi v. The American Tobacco Company et al. (Chancery Court of Jackson County, Mississippi, Cause No. 94-1429) and the settlement of any case brought against tobacco companies by another state. Such funds shall be deposited in a special fund in the State Treasury which shall retain all the interest earned on the investment of such funds and shall remain in the special fund until appropriated or transferred by an act of the Legislature.

SECTION 5. In addition to all other sums herein appropriated, 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 Education Improvement Trust Fund No. 3219 for the purpose of investing funds for the fiscal year beginning July 1, 1999, and ending June 30, 2000

$ 87,000.00.

SECTION 6. 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 Prepaid Affordable College Tuition Administrative Fund to defray the costs of the Mississippi Prepaid Affordable College Tuition Program for the fiscal year beginning July 1, 1999, and ending June 30, 2000

$ 2,100,839.00.

With the funds appropriated in this section, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time . . . . . . . 5

SECTION 7. From the funds provided in this act, 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.

SECTION 8. It is the intention of the Legislature that the State Treasurer is hereby authorized to accept, budget and expend an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) from administrative fees charged for the administration of the Mississippi Prepaid Affordable College Tuition Program and deposited in the Mississippi Prepaid Affordable College Tuition Administrative Fund. Such funds shall be escalated in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

SECTION 9. It is the intention of the Legislature that the State Treasurer is hereby authorized to accept, budget and expend funds for the purpose of defraying the cost of administering the Mississippi Prepaid Affordable College Tuition Program in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) which become available from interest earnings on any funds authorized for administration of said program. Such funds shall be escalated in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

SECTION 10. In addition to all other sums herein appropriated, 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 Prepaid Affordable College Tuition Trust Fund for the purpose of paying all amounts due for prepaid tuition contracts of the Mississippi Prepaid Affordable College Tuition Program, for the fiscal year beginning July 1, 1999, and ending June 30, 2000 $ 1,000,000.00.

SECTION 11. No part of the funds appropriated herein shall be used in the payment of attorney's fees, nor shall any of said funds 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 12. Of the funds appropriated under the provisions of Sections 1 and 2, and authorized for expenditure in Section 3, funds in the amount of Fourteen Thousand One Hundred Dollars ($14,100.00) are included to defray the annualized costs of agency specific realignments or reallocations for three (3) positions within the State Treasurer's Office.

The realignments or reallocations referenced within this section are applicable only to the State Treasurer's Office and said salary adjustments shall not be construed to apply to any other positions under the purview of the State Personnel Board.

SECTION 13. Of the funds appropriated under the provisions of Section 6, funds in the amount of One Thousand Nine Hundred Dollars ($1,900.00) are included to defray the annualized cost of an agency specific realignment or reallocation for one (1) position within the State Treasurer's Office.

The realignment or reallocation referenced within this section are applicable only to the State Treasurer's Office and said salary adjustment shall not be construed to apply to any other positions under the purview of the State Personnel Board.

SECTION 14. 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 15. This act shall take effect and be in force from and after July 1, 1999.