REPORT OF CONFERENCE COMMITTEE                     # 2

 

MR. SPEAKER AND MADAM PRESIDENT:

 

   We, the undersigned conferees, have had under consideration the amendments to the following entitled BILL:

 

H. B. No. 1656:  Appropriation; Arts Commission.

 

  We, therefore, respectfully submit the following report and recommendation:

 

  1.  That the Senate recede from its Amendment No. 1.

 

  2.  That the House and Senate adopt the following amendment:

 

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 

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 Mississippi Arts Commission for the fiscal year beginning July 1, 2005, and ending June 30, 2006...

............................................ $     1,118,498.00.

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 Mississippi Arts Commission which is comprised of special source funds and donations collected by or otherwise available to the commission, for the purpose of defraying the expenses of the commission for the fiscal year beginning July 1, 2005, and ending June 30, 2006.......................................

............................................ $     1,609,408.00.

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

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........       12

Part Time...........        0

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 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.

     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 for the award of teacher pay increases.

     SECTION 4.  It is the intention of the Legislature that the Mississippi Arts Commission 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 2005.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2007 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 2006 budget request process.

     SECTION 5.  Of the funds appropriated under the provisions of Section 2, funds in the amount of Four Hundred Fifty Thousand Dollars ($450,000.00) shall be derived from the Education Enhancement Fund pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972, for the following:

     Training of educators and promotion

       of arts programs in public schools . . . $100,000.00

     Miscellaneous grants and programs  . . . . $350,000.00

     SECTION 6.  It is the intention of the Legislature that the Arts Commission shall have the authority to transfer dollars appropriated herein designated for the "Challenge Program," specific amounts to a special fund in the State Treasury called the Arts Commission Challenge Initiative Fund.  The unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and may be expended by the commission in subsequent fiscal years upon appropriation of the Legislature.  Any interest earned on the fund shall be deposited to the credit of the fund and may be disbursed by the commission upon appropriations of the Legislature.  It is the intention of the Legislature that the commission may award grants to arts organizations from monies in the fund and the grantees will be required to provide matching funds for the grants in an amount of not less than two (2) times the amount of the grant.

     SECTION 7.  It is the intention of the Legislature that the Mississippi Arts Commission shall have the authority to escalate its budget and expend funds from any source available not to exceed Five Hundred Thousand Dollars ($500,000.00), that may become available to the commission in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

     SECTION 8.  Of the funds provided herein, the sum of Forty-one Thousand Two Hundred Eighty-two Dollars ($41,282.00) is hereby assessed on any non-federal special funds and shall be deposited to the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972, on or before October 1, 2005, for the purpose of reimbursing the State of Mississippi for administrative costs.

     SECTION 9.  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 10.  This act shall take effect and be in force from and after July 1, 2005.

 

CONFEREES FOR THE HOUSE           CONFEREES FOR THE SENATE

X (SIGNED)	X (SIGNED)
Johnny W. Stringer	Jack Gordon
X (SIGNED)	X (SIGNED)
Diane C. Peranich	Bob M. Dearing
X (SIGNED)	X (SIGNED)
Wanda Jennings	Tommy A. Gollott