House Bill 1213

(As Sent to Governor)

AN ACT TO AMEND SECTIONS 1, 3 AND 7 OF CHAPTER 112, LAWS OF 2001, TO TRANSFER FUNDS IN THE FISCAL YEAR 2002 APPROPRIATION TO THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY AMONG VARIOUS CATEGORIES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 1, Chapter 112, Laws of 2001, is amended as follows:

Section 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any funds in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Emergency Management Agency in accordance with the provisions of Section 33-15-1 et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2001, and ending June 30, 2002 $ 817,910.00.

SECTION 2. Section 3, Chapter 112, Laws of 2001, is amended as follows:

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$ 2,146,748.00

Travel and Subsistence.............. 58,500.00

Contractual Services..................... 412,292.00

Commodities.............................. 95,029.00

Capital Outlay:

Other Than Equipment................ 0.00

Equipment........................... 3,500.00

Subsidies, Loans and Grants.............. 1,309,648.00

Total.............................. $ 4,025,717.00

FUNDING:

General Funds........................... $ 817,910.00

Special Funds............................ 3,207,807.00

Total.............................. $ 4,025,717.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 51

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

Time-Limited:Full Time........... 13

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

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for fiscal year 2003 do not exceed fiscal year 2002 funds appropriated for that purpose, unless programs or positions are added to the agency's fiscal year 2003 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. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the fiscal year 2002 appropriation for "Personal Services" when annualized. If, at the end of any calendar month, the State Personnel Board determines that the agency has taken action(s) which would cause the agency to exceed this projected annual cost or the fiscal year 2002 "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.

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. Section 7, Chapter 112, Laws of 2001, is amended as follows:

Section 7. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the Emergency Management Agency to be used to establish a special reserve fund in the State Treasury for Disaster Relief, for the fiscal year beginning July 1, 2001, and ending June 30, 2002................................ $ 0.00.

SECTION 4. This act shall take effect and be in force from and after its passage.