Senate Bill 3090

(As Passed the Senate)

AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE TREASURY TO DEFRAY THE EXPENSES OF THE MISSISSIPPI MOTOR VEHICLE COMMISSION FOR FISCAL YEAR 2006.

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 Mississippi Motor Vehicle Commission, as provided by Section 63-17-51 et seq., Mississippi Code of 1972, for the purpose of defraying the expenses of said Commission, for the fiscal year beginning July 1, 2005, and ending June 30, 2006 $ 233,864.00.

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$ 171,519.00

Travel and Subsistence.............. 10,000.00

Contractual Services..................... 48,045.00

Commodities.............................. 4,300.00

Capital Outlay:

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

Equipment........................... 0.00

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

Total.............................. $ 233,864.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 3

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 2007 do not exceed Fiscal Year 2006 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2007 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 2006 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 2006 "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 none of the funds appropriated under the provisions of this act shall be expended to defray any expenses of the Motor Vehicle Commission if said commission takes any official actions during Fiscal Year 2006 that serve directly or indirectly to reduce the payment to the State General Fund of any sales tax on motor vehicles sold within the State of Mississippi.

It is further the intention of the Legislature that if such actions are taken by the Motor Vehicle Commission during Fiscal Year 2006, the executive director and commission members shall be held personally liable for repayment of any funds expended under the provisions of this act with said repayment to be made to the State General Fund. The Attorney General is hereby authorized and directed to undertake appropriate legal action to enforce the provisions of this act and to recover said funds.

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, 2005.