Senate Bill 2929

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR FISCAL YEARS 2003 AND 2004.

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, 2003, and ending June 30, 2004

............................................ $ 11,105,872.00.

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, 2003, and ending June 30, 2004..........

............................................ $ 16,522,359.00.

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

AUTHORIZED POSITIONS:

Permanent: Full Time........... 330

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, 2003, and ending June 30, 2004.......................................

............................................ $ 9,444,931.00.

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. In addition to all other sums heretofore appropriated, and contingent upon passage of Senate Bill No. 2628, Regular Session of 2003, the following sum is hereby appropriated out of any money 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 administering the Medical Malpractice Insurance Availability Plan, as authorized in Senate Bill No. 2628, for the period beginning upon passage and through June 30, 2004......................................

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

With the funds appropriated under the provisions of this section, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time........... 0

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

Time-Limited:Full Time........... 5

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

SECTION 8. 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 2005 do not exceed Fiscal Year 2004 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2005 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 2004 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 2004 "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 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 9. 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 10. 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) Two Hundred Fifty-two Thousand Fifty Dollars ($252,050.00) 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 and records management.

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

SECTION 11. 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 12. 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 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 2003. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2005 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 2004 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. Of the funds appropriated in Sections 1 and 2, an amount not less than One Million Four Hundred Thirteen Thousand Two Hundred Fifty-two Dollars ($1,413,252.00) shall be used to defray the expenses of the Bureau of Buildings, Grounds and Real Property Management.

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 to hire architects, engineers and building inspectors as required and approved by the State Personnel Board. The funds provided in this Section may be used to reallocate or reclassify engineers, architects or building inspectors within the Bureau of Building, Grounds and Real Property Management as approved by the State Personnel Board. Such adjustments shall not increase the projected annual cost to fully fund all positions.

SECTION 16. It is the intention of the Legislature that none of the funds appropriated by this act shall be expended if the Department of Finance and Administration, on behalf of the State and School Employees' Health Insurance Management Board, charges a monthly premium for active employees enrolled in the State and School Employees' Health Insurance Plan in excess of Two Hundred Twenty-eight Dollars ($228.00) or a monthly premium for dependents and retirees in the plan at a rate higher than the rate in effect on January 1, 2003. Furthermore, none of the funds appropriated by this act shall be expended if the State and School Employees' Health Insurance Management Board changes any deductibles, co-payments or any other benefits of the State and School Employees' Health Insurance Plan from those benefits in effect on January 1, 2003. It is the intention of the Legislature that there be no change in premiums or benefits of the plan for any period prior to July 1, 2004, other than the state funded four percent (4%) increase in premiums for active employees of state agencies, public schools, colleges, universities, community and junior colleges, and public libraries covered by the plan.

SECTION 17. 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. 3126, 2002 Regular Session, for the fiscal year beginning

July 1, 2003, and ending June 30, 2004.......... $ 400,000.00.

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, 2003.

SECTION 18. In addition to all other funds appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money collected in the Statewide Cost Allocation Fund No. 3143 during Fiscal Year 2003, to be used for any purpose deemed necessary for the operation of the Department of Finance and Administration for the period beginning upon passage and through June 30, 2004 $ 500,000.00.

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, 2003, except for Sections 7 and 18 which shall take effect and be in force from and after its passage.