Senate Bill 2535

(As Passed the Senate)

AN ACT TO AMEND CHAPTER 62, (HOUSE BILL NO. 1540), LAWS OF 2003, BY REDUCING THE APPROPRIATION TO THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY FROM THE BUDGET CONTINGENCY FUND, FOR FISCAL YEAR 2003; AND FOR RELATED PURPOSES.

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

SECTION 1. Chapter 62, (House Bill No. 1540), Laws of 2003, is amended to read as follows:

Section 1. 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, for the purpose of defraying the expenses of the Department of Archives and History for the fiscal year beginning July 1, 2003, and ending June 30, 2004 $ 8,503,195.00.

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 Department of Archives and History which is comprised of special source funds collected by or otherwise available to the department, for the purpose of defraying the expenses of the department for the fiscal year beginning July 1, 2003, and ending June 30, 2004..................................................

............................................ $ 2,774,413.00.

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

AUTHORIZED POSITIONS:

Permanent: Full Time........... 142

Part Time........... 26

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

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. The Mississippi Department of Archives and History is hereby authorized to accept and expend any grant, donation or contribution from any individual, public or private organization, or government entity for purposes of defraying the operational costs of the department. Such grants, donations or contributions shall be received and expended under the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

Section 5. It is the intent of the Legislature that the Mississippi Department of Archives and History shall charge the maximum amount allowable for services rendered, consistent with the cost of providing such services. The funds derived from these charges shall be deposited into a special fund account in the State Treasury to the credit of the Mississippi Department of Archives and History.

Section 6. It is the intent of the Legislature that no part of the funds herein appropriated shall be required to be used for the payment of rent for the museum and public space in the State Historical Museum, Old Capitol Restoration.

Section 7. 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 funds from the Local Government Records Fund in the State Treasury to defray the cost of such program for the fiscal year beginning July 1, 2003, and ending June 30, 2004$ 74,899.00.

Of the funds appropriated in this section, 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$ 65,049.00

Travel and Subsistence.............. 2,000.00

Contractual Services..................... 4,000.00

Commodities.............................. 1,500.00

Capital Outlay:

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

Equipment........................... 2,350.00

Subsidies, Loans and Grants.............. 0.00

Total.............................. $ 74,899.00

FUNDING:

General Funds........................... $ 0.00

Special Funds............................ 74,899.00

Total.............................. $ 74,899.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 1

Section 8. Of the funds provided in Section 2, One Million Dollars ($1,000,000.00) is provided to the Department of Archives and History from the Mississippi Landmark Grant Fund as created in House Bill No. 1082, Regular Session of 1999, to help support the preservation of Mississippi Landmark Properties.

Section 9. It is the intention of the Legislature that the Department of Archives and History is hereby authorized to accept, budget and expend funds, not to exceed Five Hundred Thousand Dollars ($500,000.00), from special funds in the State Treasury to the credit of the New Capitol Repair and Renovation Fund created in Section 27-19-56.69 (8), Mississippi Code of 1972, for the purpose of paying the costs of repair and renovation of the New Capitol, in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

Section 10. Of the funds provided under the provisions of this act, One Hundred Ten Thousand Dollars ($110,000.00)is provided for the purpose of developing, maintaining and operating Beauvoir Shrine, the last home of Jefferson Davis, the only President of the Confederate States of America.

Section 11. [Deleted]

Section 12. In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of the Budget Contingency Fund, as created in Section 27-103-301, Mississippi Code of 1972, to the Department of Archives and History for the purpose of supporting the Statewide Oral History Project for the fiscal year beginning July 1, 2003, and ending June 30, 2004...............................................................

.............................................. $ 50,000.00.

Section 13. 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 2. This act shall take effect and be in force from and after its passage.