MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Appropriations

By: Senator(s) Gordon, Little, Kirby, Cuevas, Flowers, Lee (35th), Turner

Senate Bill 3126

(As Passed the Senate)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE MISSISSIPPI DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2005.

     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 Mississippi Development Authority for the fiscal year beginning July 1, 2004, and ending June 30, 2005...

............................................ $    18,471,363.00.

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 Mississippi Development Authority or the appropriate special fund for the purpose of defraying the expenses incurred in the operation of the various divisions of the authority for the fiscal year beginning July 1, 2004, and ending June 30, 2005$   144,393,913.00.

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

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........      295

Part Time...........        2

Time-Limited:Full Time...........       24

Part Time...........        1

     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 4.  In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency.  Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

                                                          FY2005

­Performance Measures                                      Target

Business Development & Trade

     National Recruitment Contacts (Actions)               3,100

     International Investment Contacts (Actions)             400

     International Trade Contacts (Actions)                1,500

     Qualified National Prospects (Prospects)                200

Minority Business

     Minority Business Contacts (Contacts)                 6,500

     Minority Business Certifications (Actions)              399

Financial Resources

     Request for Financing or Incentives (Actions)           525

Existing Industry & Business

     Interactions with Interstate

          Businesses (Actions)                             5,300

     Businesses Assisted (Entities)                        2,900

Tourism Services

     Tourist Inquiries Generated (Number)                977,224

Welcome Centers

     Tourists Registered (Persons)                     2,898,701

Energy

     BTUs Saved (Units in Trillions)                       71.67

     Clients Served (Entities)                            34,650

Community Services

     Amount of Grants Awarded ($)                     60,000,000

     Grants & Loans Awarded (Items)                          210

     Community Programs Delivered (Programs)                 385

Employment Training

     Successful Program Completion

          by Clients (%)                                      78

     Clients Served (Persons)                             45,000

     A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2006.

     SECTION 5.  Of the funds appropriated in Section 2, the amount of Four Hundred Fifty Thousand Dollars ($450,000.00) shall be provided from the Motor Carrier Regulation Account to defray the expenses of the Mississippi Development Authority in operating the state welcome centers.

     SECTION 6.  The acceptance and expenditure of funds, and interest on such funds, received from, or by virtue of consent or other orders of or agreements involving any agency, instrumentality, or judicial tribunal of any state or the United States for petroleum price compliance and allocation which may become available during the fiscal year for the support of the Mississippi Development Authority or any programs sponsored under the terms of the receipt of these funds are hereby authorized not to exceed Two Million Dollars ($2,000,000.00) and approved, provided such receipts and expenditures are reported and otherwise accounted for in accordance with Section 27-103-101 et seq., and Section 27-104-1 et seq., Mississippi Code of 1972.

     SECTION 7.  It is the intention of the Legislature that the Mississippi Development Authority is hereby authorized to escalate, budget and expend funds from any source not to exceed Five Million Dollars ($5,000,000.00) in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

     SECTION 8.  It is the intention of the Legislature that the Mississippi Development Authority 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 9.  Of the funds appropriated in Sections 1 and 2, the amount of Four Million Four Hundred Sixty-two Thousand Dollars ($4,462,000.00), or so much thereof as may be necessary, is provided for the purpose of supporting Mississippi Tourism Advertising and Promotion for Fiscal Year 2005.  The expenditure of funds authorized in this section shall be exempt from Section 25-9-120, Mississippi Code of 1972.

     SECTION 10.  Of the funds appropriated in Sections 1 and 2, the amount of One Million Sixty-seven Thousand Dollars ($1,067,000.00), or so much thereof as may be necessary, is provided for the purpose of supporting, marketing, and facilitating Mississippi business growth for Fiscal Year 2005.  The expenditure of funds authorized in this section shall be exempt from Section 25-9-120, Mississippi Code of 1972.

     SECTION 11.  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 State General Fund not otherwise appropriated, to the Mississippi Development Authority for the purpose of providing funds for Mississippi Technology Alliance, for the fiscal year beginning July 1, 2004, and ending June 30, 2005 ..........     $1,250,000.00.

     The funds appropriated under the provisions of this section are provided for the specific purpose of providing state funds for support of Mississippi Technology Alliance to strengthen the business environment in Mississippi to spur the creation and growth of technology-based industries, thus creating many more high-paying jobs and a more diversified, competitive Mississippi economy.  The funds herein appropriated shall be held separate and apart from all other funds appropriated to the Mississippi Development Authority.

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 any money in the State General Fund not otherwise appropriated, to the Mississippi Development Authority for the purpose of providing funds to support the Stennis Space Center - Space Commerce

Initiative, for the fiscal year beginning July 1, 2004, and ending June 30, 2005  $   1,169,706.00.

     The funds herein appropriated shall be held separate and apart from all other funds appropriated to the Mississippi Development Authority. 

     SECTION 13.  None of the funds appropriated in Section 2 shall be expended unless members of the Mississippi House of Representatives and Mississippi Senate representing such districts are notified at least five (5) days prior to the awarding of Community Development Block Grants or any other grants to their districts.

     SECTION 14.  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 15.  This act shall take effect and be in force from and after July 1, 2004.