REPORT OF CONFERENCE COMMITTEE                     # 2

 

MADAM PRESIDENT AND MR. SPEAKER:

 

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

 

S. B. No. 3077:  Appropriation; Emergency Management Agency.

 

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

 

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

 

  2.  That the Senate and House 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 funds in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Emergency Management Agency in accordance with the provisions of Section 33-15-1 et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2005, and ending June 30, 2006     $       773,189.00.

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 Emergency Management Agency which is comprised of special source funds collected by or otherwise available to the agency, for the support and maintenance of the agency for the fiscal year beginning July 1, 2005, and ending June 30, 2006..................................................

............................................ $     3,704,443.00.

     SECTION 3.  Of the funds appropriated under the provisions of Sections 1 and 2, 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$     2,591,830.00

Travel and Subsistence..............         43,576.00

Contractual Services.....................        275,287.00

Commodities..............................         91,310.00

     Capital Outlay:

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

Equipment...........................         11,879.00

Subsidies, Loans and Grants..............      1,463,750.00

Total.............................. $     4,477,632.00

  FUNDING:

General Funds........................... $       773,189.00

Special Funds............................      3,704,443.00

Total.............................. $     4,477,632.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........       47

Part Time...........        0

Time-Limited:Full Time...........       20

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 Director of the Mississippi Emergency Management Agency may, upon the request of a local public emergency management organization in an area which has suffered a natural disaster, supply equipment to rural water associations to enable their continued operation when the local emergency management organization determines that such private entities provide services essential to the welfare of the community.

     SECTION 5.  It is the intention of the Legislature that the Director of the Mississippi Emergency Management Agency shall provide enhanced training to local governments, supervisors, mayors, civil defense groups and municipal associations in disaster management.

     SECTION 6.  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 Emergency Management Agency for the purpose of defraying certain administrative expenses and the state share of the cost of disaster assistance programs, including, but not being limited to, public assistance programs, individual and family grant programs, and mitigation programs, for the fiscal year beginning July 1, 2005, and ending June 30, 2006........$    1,604,720.00.

     SECTION 7.  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 Emergency Management Agency Fund Nos. 3724, 3725, 3728, 372U and 372C for the

purpose of defraying certain administrative expenses and the state and federal share of the cost of disaster assistance programs, including, but not being limited to, public assistance programs, individual and family grant programs, and mitigation programs, for the fiscal year beginning July 1, 2005, and ending June 30, 2006...................................$  86,439,289.00.

     SECTION 8.  Of the funds appropriated under the provisions of Sections 6 and 7, 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$             0.00

Travel and Subsistence..............         36,436.00

Contractual Services.....................        348,784.00

Commodities..............................        117,300.00

     Capital Outlay:

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

Equipment...........................        155,633.00

Subsidies, Loans and Grants..............     87,385,856.00

Total.............................. $    88,044,009.00

  FUNDING:

General Funds........................... $     1,604,720.00

Special Funds............................     86,439,289.00

Total.............................. $    88,044,009.00

     SECTION 9.  The funds appropriated under the provisions of Sections 6 and 7 are provided to defray certain administrative expenses and the state and federal share of the cost of disaster assistance programs, including public assistance programs, individual and family grant programs, and mitigation programs resulting from, but not being limited to, the following:

     September 1998 Hurricane Georges #1251

     December 1998 Ice Storm #1265

     February and March 2001 Tornado Disasters #1360

     April 2001 Floods #1365

     June 2001 Tropical Storm Allison #1382

     November 2001 Tornado/Flood #1398

     October 2002 Tropical Storm Isidore #1436

     November 2002 Tornado (Columbus/MUW) #1443

     April 2003 Severe Storms #1459

     May 2003 Severe Storms #1470

     Hazard Mitigation Programs

     Emergency Preparedness Programs

     SECTION 10.  None of the funds appropriated in Section 6 shall be used to establish a special reserve fund in the State Treasury for disaster relief except as provided for in Sections 43-41-1 et seq. and 43-41-301 et seq., Mississippi Code of 1972.

     SECTION 11.  It is 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 12.  It is the intention of the Legislature that the Executive Director of the Mississippi Emergency Management Agency may authorize increases in any major objects of expenditures in total amounts not to exceed twenty-five percent (25%) of the appropriated amount of each major object of expenditure, provided that other major objects of expenditure are decreased by a corresponding dollar amount.  However, no transfers shall be authorized which increase the major object of expenditure "Salaries, Wages and Fringe Benefits."

     SECTION 13.  It is the intention of the Legislature that the Executive Director of the Mississippi Emergency Management Agency shall have authority to transfer not more than Five Hundred Thousand Dollars ($500,000.00) from any general or special fund treasury fund and major object budget category to another special or general fund treasury fund and major object budget category accordingly under the control of the Mississippi Emergency Management Agency.  The purpose of this authority is to more efficiently use available cash reserves.  It is further the intention of the Legislature that the Executive Director of the Mississippi Emergency Management Agency shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth (15th) of the month prior to the effective date of the transfer.

     SECTION 14.  The expenditure of the funds appropriated by this act shall be under the direction of the Governor and shall be paid by the State Treasurer out of any money in 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, 2005.

 

CONFEREES FOR THE SENATE          CONFEREES FOR THE HOUSE

X (SIGNED)	X (SIGNED)
Jack Gordon	Johnny W. Stringer
X (SIGNED)	X (SIGNED)
Robert G. Huggins	Charlie Capps, Jr.
X (SIGNED)	X (SIGNED)
Scottie R. Cuevas	Tom Weathersby