MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Appropriations

By: Representative Read, Martinson, Broomfield, Brown, Davis, Denny, Middleton, Miles, Weathersby, Scott

House Bill 1718

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI PUBLIC SERVICE COMMISSION FOR THE FISCAL YEAR 2005.

     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 money in the State Treasury to the credit of the Public Service Commission Regulation Fund, for the purpose of defraying the expenses of the Mississippi Public Service Commission for the fiscal year beginning July 1, 2004, and ending June 30, 2005...........................................

............................................ $     5,351,772.00.

     SECTION 2.  Of the funds appropriated under the provisions of Section 1, 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$     3,581,647.00

Travel and Subsistence..............        462,924.00

Contractual Services.....................        831,116.00

Commodities..............................        116,285.00

     Capital Outlay:

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

Equipment...........................        352,800.00

Subsidies, Loans and Grants..............          7,000.00

Total.............................. $     5,351,772.00

 AUTHORIZED POSITIONS:

Permanent:    Full Time............      75

Part Time...........        1

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

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 2006 do not exceed Fiscal Year 2005 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2006 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 2005 appropriation for "Personal Services" when annualized, with the exception of escalated funds.  If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2005 "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 or allowable under the terms set forth within this act.  The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration.  The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

     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.  None of the funds herein appropriated by this act to the Public Service Commission shall be expended for any purpose that is not actually required or necessary for performing any of the powers or duties of the Mississippi Public Service Commission that are authorized by the Mississippi Constitution of 1890, state or federal law, or rules or regulations that implement state or federal law.

     SECTION 4.  It is the intention of the Legislature that the Public Service Commission 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 2004.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2006 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 2005 budget request process.

SECTION 5.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Public Service Commission, for the purpose of defraying the expenses of the Public Service Commission to administer the Mississippi Telephone Solicitation Act, for the fiscal year beginning July 1, 2004, and ending June 30, 2005...............................................................

............................................. $      169,000.00.

     SECTION 6.  It is the intention of the Legislature that the agency shall provide a report reflecting Fiscal Year 2004 usage of wireless communication devices which shall include cellular phones, two-way radios, pagers, or any other means of wireless communications to the Chairman of the House Appropriations Committee, the Chairman of the Senate Appropriations Committee, and the State Auditor by September 1, 2004.  The report shall contain, but not be limited to, the following:

     (1)  The number of wireless communication devices provided to employees by the agency;

     (2)  The annual cost of usage of wireless communication devices by each employee of the agency who is issued a wireless communication device;

     (3)  Separate justification of the usage of wireless communication devices by those employees issued wireless communication devices; and

     (4)  To determine whether quantifiable benefits are associated with the utilization of wireless communications and whether such service provides more efficient or effective service delivery.

     SECTION 7.  Contingent upon passage of House Bill No. 1279, 2004 Regular Session, the Public Service Commission shall transfer all employees, equipment, inventory and resources of the commission employed and used as law enforcement personnel to the Department of Transportation on July 1, 2004.  The transfer of personnel shall be commensurate with the number and classification of positions allocated to that law enforcement.  The transfer shall also include direct support, clerical, data processing and communications positions allocated to that law enforcement.

     SECTION 8.  If no general legislation is passed during the 2004 Regular Session transferring the Public Service Commission Motor Carrier Regulation Program to the Mississippi Department of Transportation, then the Public Service Commission shall be authorized to escalate an amount not to exceed Four Million Six Hundred Seventeen Thousand One Hundred Sixty-nine Dollars ($4,617,169.00) and sixty (60) PINs for the purpose of defraying the law enforcement activities of the Mississippi Public Service Commission.

     SECTION 9.  If no general legislation is passed during the 2004 Regular Session transferring the Public Service Commission Motor Carrier Regulation Program to the Mississippi Department of Transportation, then the Public Service Commission shall have the authority to escalate and expend funds from any proceeds arising from participation in drug seizure activities not to exceed Fifty Thousand Dollars ($50,000.00), in accordance with the rules and regulations of the Department of Finance and Administration.

     SECTION 10.  If no general legislation is passed during the 2004 Regular Session transferring the Public Service Commission Motor Carrier Regulation Program to the Mississippi Department of Transportation, then with the funds provided herein, overtime may be paid to PSC-EnforcementOffice Regulated Carrier positions, the PSC-Enforcement Officer Chief position, PSC-Enforcement Officer District Supervisor positions, PSC-Special Projects Officer IV positions, and PSC-Training Director positions.

     SECTION 11.  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 12.  This act shall take effect and be in force from and after July 1, 2004.