Amendment_Report_for

SECTION 1. The following sum, or so much thereof as may be necessary, is hereby authorized for expenditure out of any special source funds which are collected by or otherwise become available for the purpose of defraying the expenses of the Mississippi Department of Information Technology Services, for the fiscal year beginning July 1, 2006, and ending June 30, 2007...............

............................................ $ 33,908,532.00.

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$ 9,253,116.00

Travel and Subsistence.............. 102,000.00

Contractual Services..................... 22,108,136.00

Commodities.............................. 295,362.00

Capital Outlay:

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

Equipment........................... 2,099,918.00

Subsidies, Loans and Grants.............. 50,000.00

Total.............................. $ 33,908,532.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 138

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

Time-Limited:Full Time........... 2

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

For the fiscal year beginning on July 1, 2006, funds are provided herein to adjust the annual compensation of each employee who has been employed for twelve (12) months or longer by an amount equal to One Thousand Dollars ($1,000.00), effective on July 1, 2006.

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 2008 do not exceed Fiscal Year 2007 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2008 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 2007 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 2007 "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. In order to offset the cost of publishing the annual Mississippi Official Telephone Directory, the Mississippi Department of Information Technology Services is hereby authorized, empowered and directed, in its discretion, to offer for advertising purposes, pages to be included in said Directory, to accept bids, and to let contracts for said pages. The contracts for said advertising purposes shall be let for definite periods not to exceed two (2) years.

It shall be the duty of the Mississippi Department of Information Technology Services, if it is desired that advertising shall be used, to approve all proposed advertising submitted for use within such annual Mississippi Official Telephone Directory. The department is hereby authorized, empowered and directed, in its discretion, to reject any and all bids submitted, and if all bids are rejected, the authority may negotiate a contract within the limitations of the specifications so long as the terms of any such negotiated contract are equal to or better than the comparable terms submitted by the lowest and best bidder. No sectarian, un-American, political, partisan or immoral advertisement, as determined solely by the authority or its successor, shall be accepted.

All monies derived from sale of such advertising shall be deposited in the appropriate special fund in the State Treasury to the credit of the Mississippi Department of Information Technology Services.

SECTION 4. The Mississippi Department of Information Technology Services is hereby authorized to receive additional funds from any state agency or other source, including one hundred percent (100%) general-fund agencies, for the purpose of providing data processing or telecommunications services to any governmental organization contracting with the Mississippi Department of Information Technology Services for such services. The Mississippi Department of Information Technology Services is further authorized to escalate an amount not to exceed One Million Dollars ($1,000,000.00) and to increase, up to a maximum of twenty (20) additional positions, the number of authorized positions listed in this act in order to provide the required data processing or telecommunications services for such governmental organizations, under the rules and regulations of the Department of Finance and Administration.

SECTION 5. Of the funds appropriated under the provisions of Section 1, One Hundred Thousand Dollars ($100,000.00) is authorized for expenditure and for the established purpose of E-Government Special Fund 3602.

SECTION 6. None of the funds herein appropriated shall be expended by Information Technology Services unless assessments, fees or rate levels charged to other state agencies for services are at or below the January 1, 2006, fee structure level, except for the establishment of rates for a new or expanded service, and required increases due to costs not within the control of this agency.

SECTION 7. It is the intention of the Legislature that the Department of Information Technology Services shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under the provisions of this act and that such records shall be in the same format and level of details as maintained for Fiscal Year 2006. It is further the intention of the Legislature that the budget request for Fiscal Year 2008 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 2007 budget request process.

SECTION 8. It is the intention of the Legislature that the Executive Director of the Mississippi Department of Information Technology may authorize increases in major objects of expenditure 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 9. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.

SECTION 10. All expenditures of funds appropriated by this act for the purposes of advertising through the media shall comply with the provisions of this section. All notices, advertisements, or announcements designed to accomplish distribution of vital information paid for wholly or in part through funds appropriated by this act and distributed through the media shall be placed according to a formula based upon the following criteria:

(a) Outlets of the Mississippi Public Broadcasting System shall receive twenty percent (20%) of all expenditures allotted for any advertising campaign undertaken by the agency to which funds are appropriated by this act. All distribution of information undertaken by the Mississippi Broadcasting System under these requirements shall conform to the accepted standards of information distribution common to public media.

(b) Media outlets, other than outlets of the Mississippi Public Broadcasting System, shall receive placement of such notices through the following method of distribution and based upon commonly accepted boundaries of distribution:

(i) Newspapers. Newspapers demonstrating established market reach through verifiable and auditable circulation numbers shall receive twenty-five percent (25%) of all expenditures allotted for distribution of vital information, and such expenditures to the individual newspapers shall be determined and prorated based upon the verifiable and auditable share of total circulation within the individual counties. This requirement does not replace the requirements and systems currently in place regarding legal notices in the newspapers.

(ii) Radio. Radio stations demonstrating established market reach through verifiable and auditable market share information as recorded through reputable and established rating services shall receive twenty percent (20%) of all expenditures allotted for such distribution of vital information, and such expenditures to the individual stations shall be determined and prorated based upon the verifiable and auditable share of total market reach within the individual counties.

(iii) Television. Television stations and television cable outlets demonstrating established market reach through verifiable and auditable market share information as recorded through reputable and established rating services shall receive twenty percent (20%) of all expenditures allotted for such distribution of vital information, and such expenditures to the individual stations shall be determined and prorated based upon the verifiable and auditable share of total market reach within the individual demonstrated market reach area of the station or cable outlet.

(iv) Magazines. Magazines demonstrating established market reach through verifiable and auditable circulation numbers shall receive ten percent (10%) of all expenditures allotted for such distribution of vital information, and such expenditures to the individual magazines shall be determined and prorated based upon the verifiable and auditable circulation numbers within the counties. If no magazine exists which meets the criteria stated above, the portion of those funds so allotted shall be distributed among the other media outlets equally.

(v) Electronic media. Electronic media demonstrating established market reach through verifiable and auditable circulation numbers shall receive five percent (5%) of all expenditures allotted for such distribution of vital information, and such expenditures to the individual electronic media outlets shall be determined and prorated based upon the verifiable and auditable circulation numbers within the counties. If no electronic media exists which meets the criteria stated above, the portion of those funds so allotted shall be distributed equally among the other media outlets.

Provisions of this section do not apply to the placement of advertisements in national media outlets to recruit economic development or to promote tourism in the state.

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, 2006.