Senate Bill 3126

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR FISCAL YEAR 2003.

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 Department of Finance and Administration for the fiscal year beginning July 1, 2002 and ending June 30, 2003

............................................ $ 12,947,671.00.

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 Department of Finance and Administration for the purpose of defraying the expenses incurred in the operation of the various offices of the department for the fiscal year beginning July 1, 2002 and ending June 30, 2003...............................

............................................ $ 16,481,063.00.

SECTION 3. With the funds appropriated under the provisions of Sections 1 and 2, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time........... 343

Part Time........... 2

Time-Limited:Full Time........... 1

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

Provided that a report based on expenditures incurred during the current and immediate-past fiscal years shall be provided to each regularly scheduled legislative session. This report should reflect expenditures as a result of the operation of the Robert E. Lee Building, the Woolfolk State Office Building, the Gartin and Sillers Buildings, the Capitol Buildings, the Central High School Building, the 301 Building and other state buildings, and this report should contain any steps taken to reduce operating costs.

It is also the intention of the Legislature that no state-owned aircraft shall be utilized by any person except for official business only.

SECTION 4. Of the funds appropriated under the provisions of Section 2, the amount of Sixty Thousand Dollars ($60,000.00), or so much thereof as may be necessary, shall be expended for premium payments for flood insurance on state-owned facilities. However, no such premium shall be paid until reviewed and approved by the Bureau of Building, Grounds and Real Property Management. Said payments are to be made from accrued interest earnings from loans under the Disaster Assistance Program.

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 special fund in the State Treasury to the credit of the Tort Claims Fund for the purpose of defraying the expenses of the Tort Claims Board in the administration of the Tort Claims Act for the fiscal year beginning July 1, 2002, and ending June 30, 2003..................................................

............................................ $ 9,439,379.00.

SECTION 6. With the funds appropriated under the provisions of Section 5, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time........... 6

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

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

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

SECTION 7. Funds are provided herein to adjust the Variable Compensation Plan to ensure that all full-time employees receive a pay increase equal to fifty percent (50%) of the realignment component of the Variable Compensation Plan or Six Hundred Dollars ($600.00), whichever is greater, beginning on January 1, 2003.

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 2004 do not exceed Fiscal Year 2003 funds appropriated for that purpose, unless programs, positions or pay increases are added to the agency's budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall, on July 1, 2002, publish separate annual projection reports, based on July 1, 2002 data, for the period of July 1, 2002, through December 31, 2002, and January 1, 2003, through June 30, 2003, that project the 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 ensure that no single personnel action increases this projected cost and/or the Fiscal Year 2003 appropriation for "Personal Services," as annualized on a semiannual basis in accordance with the provisions of this act. 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 2003 "Personal Services" appropriated level, when annualized in compliance with the provisions of this act, 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 within each specific budget 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 8. The Bureau of Building, Grounds and Real Property Management of the Office of General Services is hereby expressly authorized and empowered to receive, budget and expend any state, local or other source funds designated for supplemental funding of construction and/or repairs and renovation projects.

SECTION 9. Of the funds appropriated in Section 2, the following amounts are authorized to be spent out of the Statewide Cost Allocation Fund No. 3143 by the Department of Finance and Administration:

(a) One Hundred Ninety-two Thousand Two Hundred Fifty Dollars ($192,250.00) for the purpose of defraying computer expenses.

(b) Six Hundred Twenty-eight Thousand One Hundred Ninety-four Dollars ($628,194.00) for the purpose of defraying the cost of the acquisition, development and implementation of the Statewide Automated Accounting System.

(c) One Hundred Eighty-three Thousand Four Hundred Dollars ($183,400.00) for implementation and operation of an imaging/electronic processing system.

(d) One Million Dollars ($1,000,000.00) for paying utility costs for the Capitol Complex.

SECTION 10. Of the funds appropriated in Section 2, One Hundred Sixty-five Thousand Dollars ($165,000.00) is authorized to be spent out of the Local Disaster Loan Fund No. 3144 by the Department of Finance and Administration for the purpose of defraying the cost of the Air Transport Services.

SECTION 11. The Office of Capitol Facilities, Department of Finance and Administration, is hereby expressly authorized and empowered to receive funds from state agencies for the rent of office space in the Eldon Bolton Office Building in Biloxi, Mississippi, and the State Service Center in Hattiesburg, Mississippi. The Office of Capitol Facilities is further authorized and empowered to budget and expend any such funds received to operate and maintain, and up to Five Dollars ($5.00) per square foot of rental receipts to finish tenant space, in the Eldon Bolton Office Building in Biloxi, Mississippi, and the State Service Center in Hattiesburg, Mississippi, as state office buildings. Monies received for rent of such office space are to be deposited in a special fund in the State Treasury. Any funds on hand at the end of the fiscal year shall lapse into the State General Fund.

SECTION 12. Of the funds appropriated in Sections 1 and 2, an amount not less than One Million Four Hundred Seventy-two Thousand Two Hundred Sixty Dollars ($1,472,260.00) shall be used to defray the expenses of the Bureau of Building, Grounds and Real Property Management.

SECTION 13. It is the intention of the Legislature that the Department of Finance and Administration 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 2002. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2004 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 2003 budget request process.

SECTION 14. It is the intention of the Legislature that the Department of Finance and Administration is hereby authorized to accept, budget and expend funds, not to exceed Five Hundred Thousand Dollars ($500,000.00), from any source in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

SECTION 15. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money collected in the Statewide Cost Allocation Fund during Fiscal Year 2002 not otherwise appropriated, for the purpose of reauthorizing the expenditure of these funds, originally authorized for specific purposes in Senate Bill No. 3087, 2001 Regular Session, to be used for any purpose deemed necessary for the operation of the Department of Finance and Administration for the fiscal year beginning July 1, 2002, and ending June 30, 2003...............

............................................ $ 500,000.00.

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 2002.

SECTION 16. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the State General Fund not otherwise appropriated, to the Department of Finance and Administration for the purpose of reauthorizing the expenditure of State General Funds, as authorized in Senate Bill No. 3087, 2001 Regular Session, for the fiscal year beginning

July 1, 2002, and ending June 30, 2003...... $ 300,000.00.

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 2002.

SECTION 17. It is the intention of the Legislature that the Department of Finance and Administration may utilize funds appropriated under the provisions of Sections 1 and 2, and allocated in Section 12, to hire architects and engineers as required and approved by the State Personnel Board. Such adjustment shall not increase the projected annual cost to fully fund all positions.

SECTION 18. Of the funds appropriated under the provisions of Section 2, Three Hundred Fifty-Four Thousand Eight Hundred Forty Dollars ($354,840.00) shall be derived from the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972.

SECTION 19. 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 20. This act shall take effect and be in force from and after July 1, 2002.