MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Appropriations

By: Senator(s) Gordon, Thames, Cuevas, Lee, Dawkins, Kirby, Scoper, Simmons

Senate Bill 2947

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY, AND FOR THE PURPOSE OF ESTABLISHING A DISASTER RELIEF RESERVE FUND AND DEFRAYING THE COSTS RELATED TO CERTAIN DISASTER ASSISTANCE PROGRAMS, FOR FISCAL YEAR 2004.

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

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, 2003, and ending June 30, 2004........................ $       787,529.00.

SECTION 2.  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 Mississippi Emergency Management Agency which is comprised of special source funds collected by or otherwise available to the agency, for the support and maintenance of the agency for the fiscal year beginning July 1, 2003, and ending June 30, 2004.......................................

............................................ $     3,573,264.00.

     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$     2,321,777.00

Travel and Subsistence..............         54,000.00

Contractual Services.....................        417,805.00

Commodities..............................        101,377.00

     Capital Outlay:

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

Equipment...........................         12,500.00

Subsidies, Loans and Grants..............      1,453,334.00

Total.............................. $     4,360,793.00

  FUNDING:

General Funds........................... $       787,529.00

Special Funds............................      3,573,264.00

Total.............................. $     4,360,793.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........       47

Part Time...........        0

Time-Limited:Full Time...........       12

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 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 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 4.  It is the intention of the Legislature that the Director of the Mississippi Emergency Management Agency may, upon the request of a local public emergency management organization in an area which has suffered a natural disaster, supply equipment to rural water associations to enable their continued operation when the local emergency management organization determines that such private entities provide services essential to the welfare of the community.

     SECTION 5.  It is the intention of the Legislature that the Director of the Mississippi Emergency Management Agency shall provide enhanced training to local governments, supervisors, mayors, civil defense groups and municipal associations in disaster management.

SECTION 6.  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, 2003, and ending June 30, 2004...............

............................................ $        98,150.00.

SECTION 7.  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 Emergency Management Agency Fund Nos. 3725 and 3724 for the purpose of defraying certain administrative expenses and the state and federal share of the cost of the Disaster Relief Program, and the Individual and Family Grant Program, for the fiscal year beginning July 1, 2003, and ending June 30, 2004$     8,150,103.00.

SECTION 8.  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 Emergency Management Agency Fund Nos. 372U and 3725 for the purpose of defraying certain administrative expenses and the federal share of the cost of the Hazard Mitigation Program, for the fiscal year beginning July 1, 2003, and ending June 30, 2004.................................. $    947,658.00.

SECTION 9.  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 for the purpose of defraying certain administrative expenses and the state share of the cost of the Hazard Mitigation Program, for the fiscal year beginning July 1, 2003, and ending June 30, 2004............................... $       100,000.00.

SECTION 10.  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 Emergency Management Agency Fund No. 3728 for the purpose of defraying certain administrative expenses and the federal share of the cost of the Public Assistance Program resulting from the December 1998 Ice Storm, for the fiscal year beginning July 1, 2003, and ending June 30, 2004.........................

............................................ $     8,129,270.00.

SECTION 11.  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 for the purpose of defraying certain administrative expenses and the state share of the cost of the Public Assistance Program resulting from the December 1998 Ice Storm, for the fiscal year beginning July 1, 2003, and ending June 30, 2004$       175,280.00.

SECTION 12.  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 Emergency Management Agency Fund Nos. 3725 and 3728 for the purpose of defraying certain administrative expenses and federal share of the cost of the Public Assistance Program and the Individual and Family Grant Program resulting from Hurricane Georges, for the fiscal year beginning July 1, 2003, and ending June 30, 2004..................................................

........................................... $     30,843,541.00.

SECTION 13.  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 for the purpose of defraying certain administrative expenses and the state share of the cost of the Public Assistance Program resulting from Hurricane Georges, for the fiscal year beginning July 1, 2003, and ending June 30, 2004.........................

............................................ $     1,510,302.00.

SECTION 14.  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 Emergency Management Agency Fund Nos. 3725, 3724 and 3728 for the purpose of defraying certain administrative expenses and the state and federal share of the cost of the Public Assistance Program, the Individual and Family Grant Program and the Hazard Mitigation Program resulting from the tornado disasters in February and March 2001, for the fiscal year beginning July 1, 2003, and ending June 30, 2004..................................................

............................................. $   21,828,469.00.

SECTION 15.  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 Emergency Management Agency Fund Nos. 3725, 372U and 3728 for the purpose of defraying certain administrative expenses and the state and federal share of the cost of the Public Assistance Program and the Hazard Mitigation Program resulting from the March 2001 Flood, for the fiscal year beginning July 1, 2003, and ending June 30, 2004..................................................

............................................. $    5,274,539.00.

SECTION 16.  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 Emergency Management Agency Fund Nos. 3725, 372U and 3728 for the purpose of defraying certain administrative expenses and the state and federal share of the cost of the Public Assistance Program and the Hazard Mitigation Program resulting from Tropical Storm Allison, for the fiscal year beginning July 1, 2003, and ending June 30, 2004

............................................ $     2,784,081.00.

SECTION 17.  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 Emergency Management Agency Fund Nos. 3725, 372U and 3728 for the purpose of defraying certain administrative expenses and the state and federal share of the cost of the Public Assistance Program and the Hazard Mitigation Program resulting from the tornado disasters in November 2001, for the fiscal year beginning July 1, 2003, and ending June 30, 2004$     9,842,516.00.

SECTION 18.  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 Emergency Management Agency Fund Nos. 3725, 3724, 3728 and 372U for the purpose of defraying certain administrative expenses and the state and federal share of the cost of the Public Assistance Program, the Individual and Family Grant Program and the Hazard Mitigation Program resulting from Tropical Storm Isidore in October 2002, for the fiscal year beginning July 1, 2003, and ending June 30, 2004

.............................................. $   7,000,000.00.

SECTION 19.  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 Emergency Management Agency Fund Nos. 3725, 3724, 3728 and 372U for the purpose of defraying certain administrative expenses and the state and federal share of the cost of the Public Assistance Program, the Individual and Family Grant Program and the Hazard Mitigation Program resulting from the tornado disasters in November 2002, for the fiscal year beginning July 1, 2003, and ending June 30,

2004......................................... $   14,000,000.00.

     SECTION 20.  The funds appropriated in Section 6 shall be expended only as provided in Sections 43-41-1 et seq. and 43-41-301 et seq., Mississippi Code of 1972, or for the purpose of matching federal funds in the event a disaster occurs within the state.

     SECTION 21.  It is the intention of the Legislature that none of the funds appropriated by this act shall be expended for increased charges for State and School Employees' Health Insurance Plan premium rates assessed by the Department of Finance and Administration in excess of the Fiscal Year 2003 premium rates for the health insurance plan.

     SECTION 22.  The expenditure of the funds appropriated by this act shall be under the direction of the Governor and shall be paid by the State Treasurer out of any money in the State General Fund not otherwise appropriated, or the proper special funds, 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 23.  This act shall take effect and be in force from and after July 1, 2003.