Amendment_Report_for

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 Office of the Secretary of State, for the purpose of defraying the expenses incurred by said office for the fiscal year beginning July 1, 2004, and ending June 30, 2005 $ 9,667,105.00.

SECTION 2. Of the funds appropriated under the provisions of Section 1, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time........... 73

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

Time-Limited:Full Time........... 19

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. The funds authorized herein shall be used to fund all operations of the agency with the following prohibitions:

(1) The agency shall not fill any current or future vacant positions;

(2) The agency shall not take any action to promote or otherwise award salary increases through reallocation, reclassification, realignment, education benchmark, career ladder, or any other means to increase salaries of employees or positions except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(3) The agency shall not expend funds for out-of-state travel except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(4) The agency shall not expend funds for the purchase of or contract for cellular phones, two-way radios or pagers, except for support of employees in the Department of Public Safety and the Bureau of Narcotics as recommended by Information Technology Services or as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(5) The agency shall not expend funds to publish or distribute any annual reports or other publications;

(6) The agency shall not expend funds for public relation activities regarding the functions, programs or services of the agency except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(7) The agency shall not advertise the functions, programs or services of the agency except that the Mississippi Development Authority is authorized to expend funds for advertising to carry out the purposes of key programs administered by the authority;

(8) The agency shall not expend funds for staff development or training services;

(9) The agency shall not expend funds for the purchase of new or replacement equipment or furniture, excluding lease purchase payments on agreements in effect upon passage of this appropriation bill, except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session.

SECTION 4. It is the intention of the Legislature that none of the funds appropriated above shall be expended unless members of the Mississippi House of Representatives and Mississippi Senate are notified at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement or ceremony regarding the groundbreaking or opening of a facility, roadway or bridge for which the Legislature has made funds available. Any signage regarding any public event or any new facility, roadway or bridge shall include the following language: "Funds were made available for this project by the Mississippi State Legislature."

SECTION 5. It is the intention of the Legislature that the Office of the Secretary of State 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 6. None of the funds appropriated by this act shall be expended for any purpose that is not actually required or necessary for performing any of the powers or duties of the Office of the Secretary of State that are authorized by the Mississippi Constitution of 1890, state or federal law, or rules or regulations that implement state or federal law.

SECTION 7. No part of the funds appropriated herein shall be used either directly or indirectly, for the purpose of paying any clerk, stenographer, assistant, deputy, or other person who may be related by blood or marriage within the third degree, computed by the rules of the civil law, to the official employing or having the right of employment or selection thereof; and in the event of any such payment, then the official or person approving and making or receiving such payment shall be jointly and severally liable to return to the State of Mississippi and to pay into the State Treasury three (3) times any such amount so paid or received, to be recovered at suit of the Attorney General; provided that when the relationship is by affinity and the person through whom the relationship was established is dead, this provision shall not apply.

SECTION 8. It is the intention of the Legislature that the Secretary of State shall have the authority to accept proceeds and revenues from fines, awards, or settlements produced by administrative or court actions involving the enforcement of the Mississippi Securities Act and the Regulation of Charitable Solicitations Act. Such funds are to be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of enforcement of the Mississippi Securities Act and the regulation of the Charitable Solicitations Act in accordance with applicable rules and regulations of the State Fiscal Officer. It is the intention of the Legislature that the funds deposited to the Securities Enforcement Act and Regulation of Charitable Solicitations Act Fund be maintained separate and apart from other special funds derived from fees charged by the Secretary of State and shall remain in that fund to be used by the Secretary of State as authorized herein.

SECTION 9. It is the intention of the Legislature that the Secretary of State shall have the authority to accept proceeds and revenues from the sale of tax forfeited properties in accordance with Section 29-1-95. These funds shall be deposited into a Special Fund in the State Treasury called the Land Records Maintenance Fund. Such funds are to be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of preserving state land records and disposition of tax forfeited properties in accordance with applicable rules and regulations of the State Fiscal Officer. It is the intention of the Legislature that the funds deposited to the Land Records Maintenance Fund be maintained separate and apart from other Special Funds derived from fees charged by the Secretary of State and shall remain in that fund to be used by the Secretary of State as authorized herein.

SECTION 10. It is the intention of the Legislature that the Secretary of State shall have the authority to accept proceeds and revenues from the lease rentals of tidelands and submerged lands in accordance with Section 29-1-107, Mississippi Code of 1972. These funds shall be deposited into a special fund in the State Treasury called the Public Trust Tidelands Fund. Such funds are to be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of managing the state tidelands and submerged lands in accordance with applicable rules and regulations of the State Fiscal Officer. It is the intention of the Legislature that the funds deposited to the Public Trust Tidelands Fund be maintained separate and apart from other special funds derived from fees charged by the Secretary of State and shall be used by the Secretary of State as authorized herein.

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.