MISSISSIPPI LEGISLATURE
2003 Regular Session
To: Appropriations
By: Representative Capps, Read, Brown, Holland
AN ACT TO DIRECT THE TREASURER TO TRANSFER CERTAIN FUNDS TO THE BUDGET CONTINGENCY FUND; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE SPECIAL FUNDS TRANSFER FUND, WHICH SHALL BE COMPRISED OF THE MONIES REQUIRED TO BE DEPOSITED INTO THE FUND UNDER SECTION 27-65-75(18), MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The State Treasurer shall transfer to the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972, out of the following enumerated funds, amounts listed below for each fund throughout the period beginning upon passage of this act and through June 30, 2003:
Agency/Fund Amount
State General Fund $3,600,000.00
Working Cash-Stabilization
Reserve Fund $80,854,000.00
Total $84,454,000.00
(2) From and after July 1, 2003, the State Treasurer shall transfer to the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972, out of the following enumerated funds, amounts listed below for each fund throughout the period beginning July 1, 2003, and through June 30, 2004:
Agency/Fund Fund No. Amount
UM - State Court Education Program 3257 $ 100,000.00
Department of Health 3301 $2,500,000.00
Employment Compensation Revolving
Fund 3644 $1,000,000.00
Unclaimed Property Fund 3178 $5,000,000.00
Gaming Commission 3188 $ 299,391.00
Department of Insurance 3501/3503 $ 400,000.00
Camp Shelby Timber Fund 3700 $ 100,000.00
Real Estate Appraisers Licensing
and Certification Board 3836 $ 100,000.00
Public Contractors Board 3834 $ 300,000.00
DPS - Law Enforcement Officers'
Standards and Training Board 3742 $2,100,000.00
DPS - Emergency Telecommunications
Standards and Training Board 3744 $3,000,000.00
DPS - Crime Stoppers 371D $ 200,000.00
DPS - County Jail Officers Board 3741 $ 200,000.00
Board of Bar Admissions 3055 $ 350,000.00
Board of Nursing 3838 $ 200,000.00
Motor Vehicle Commission 3839 $ 100,000.00
Board of Registration of Foresters 3844 $ 100,000.00
Board of Pharmacy 3846 $1,000,000.00
Criminal Justice Fund 3086 $ 350,000.00
MDA - CAP Loan Program 34KX $3,500,000.00
State General Fund $147,820,054.00
Department of Transportation 3941 $50,000,000.00
Workers' Compensation Commission 3521 $ 100,000.00
Auctioneers Commission 3820 $ 100,000.00
Securities Act Enforcement Fund 3111/3114 $2,600,000.00
School Ad Valorem Tax Reduction Fund $46,000,000.00
Total $267,519,445.00
(3) In addition to the amounts transferred to the Budget Contingency Fund under the provisions of this act, the Budget Contingency Fund is authorized to receive any additional funds that may become available to the fund from any source during the period beginning upon passage of this act and through June 30, 2004.
(4) Not later than September 1, 2003, the State Treasurer shall transfer the sum of Fifty Million Dollars ($50,000,000.00) from the Budget Contingency Fund to the Working Cash-Stabilization Reserve Fund.
SECTION 2. (1) The State Treasurer shall transfer to the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972, out of the following enumerated funds, the amount listed below for each fund throughout the period beginning upon July 1, 2003, and ending June 30, 2004:
Agency/Fund Fund No. Amount
Unclaimed Property Fund 3178 $10,000,000.00
Tort Claims Fund 3080 $14,000,000.00
Department of Environmental
Quality $ 6,000,000.00
Total $30,000,000.00
(2) Upon notification from the State Treasurer, the appropriate agency shall make the transfer from its special funds as required by the State Treasurer.
SECTION 3. (1) From July 1, 2003, until June 30, 2004, the State Treasurer shall transfer to the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972, from the aggregate of special funds in the State Treasury, an amount equal to Fifty-four Million Dollars ($54,000,000.00) or such lesser amount as provided in subsection (2) of this section. The funds shall be transferred in accordance with a schedule established by the State Treasurer, but the total amount transferred in any one (1) month shall not exceed Thirteen Million Five Hundred Thousand Dollars ($13,500,000.00) and the amount transferred from any one (1) fund during fiscal year 2004 shall not exceed twenty-five percent (25%) of the balance of the fund, as determined by the State Treasurer.
(2) The amount of Fifty-four Million Dollars ($54,000,000.00) that the State Treasurer is directed to transfer to the Budget Contingency Fund under subsection (1) of this section shall be reduced by the amount of the unencumbered General Fund cash balance at the close of fiscal year 2003 that is deposited into the Working-Cash Stabilization Reserve Fund under Section 27-103-203, Mississippi Code of 1972. The amount of the unencumbered General Fund cash balance at the close of fiscal year 2003 that is deposited into the Working Cash-Stabilization Reserve Fund under Section 27-103-203, Mississippi Code of 1972, shall be transferred from the Working Cash-Stabilization Reserve Fund to the Budget Contingency Fund on the same date that the amount is deposited into the Working Cash-Stabilization Reserve Fund or as soon thereafter as practicable.
(3) The State Treasurer shall determine which special funds shall be transferred to the Budget Contingency Fund in any month under this section and shall notify the appropriate agency, except that the Working Cash-Stabilization Reserve Fund, trust funds, bond proceed funds, federal funds, special-source funds used to match federal funds, special-source funds to the credit of the Mississippi Department of Transportation, special-source funds listed in Section 2 of this act and special-source funds to the credit of the Department of Mental Health derived from client care, and special-source funds to the credit of the Telecommunications Ad Valorem Tax Reduction Fund established under Section 27-38-7, Mississippi Code of 1972, shall be exempt from any required transfer under this section. Upon notification from the State Treasurer, the agency shall make the transfer from its special funds as required by the State Treasurer.
SECTION 4. (1) There is created in the State Treasury a special fund to be known as the Special Funds Transfer Fund, which shall be comprised of the monies required to be deposited into the fund under Section 27-65-75(18) for the repayment of certain funds transferred to the Budget Contingency Fund. Upon receipt of monies deposited into the fund under Section 27-65-75(18), the State Treasurer shall transfer those monies to the special funds from which transfers were made under Sections 2 and 3 of this act.
(2) Unexpended amounts remaining in the fund on September 30, 2005, shall lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund.
SECTION 5. The Governor or the Department of Finance and Administration shall not rescind or restore any reductions or revisions of estimates or allocations of general funds or state-source special funds made by the Governor or the Department of Finance and Administration under the provisions of Section 27-104-13 or Section 31-17-123 during fiscal year 2003 or any fiscal year thereafter.
SECTION 6. It is the intent of the Legislature that the Executive Director of the Division of Medicaid shall maintain the current services until such time as the 2004 Legislature convenes. This is not intended to affect any of the provisions in House Bill No. 897, 2003 Regular Session, or other cost saving measures that otherwise may be implemented.
SECTION 7. This act shall take effect and be in force from and after its passage.