Senate Bill 3145

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION OF SPECIAL FUNDS FOR THE SUPPORT OF THE STATE DEPARTMENT OF BANKING AND CONSUMER FINANCE 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 Treasury to the credit of the State Department of Banking and Consumer Finance, for the support of the State Department of Banking and Consumer Finance, for the fiscal year beginning July 1, 2004, and ending June 30, 2005.........................

............................................ $ 5,183,767.00.

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$ 3,335,942.00

Travel and Subsistence............. 1,006,000.00

Contractual Services.................... 700,000.00

Commodities............................. 50,700.00

Capital Outlay:

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

Equipment.......................... 91,125.00

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

Total.............................. $ 5,183,767.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 56

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

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. 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 4. 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 5. This act shall take effect and be in force from and after July 1, 2004.