House Amendments to Senate Bill No. 3026
TO THE SECRETARY OF THE SENATE:
THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
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 General Fund not otherwise appropriated, to defray the expenses of the Mississippi Development Authority for the fiscal year beginning July 1, 2006, and ending June 30, 2007...
............................................ $ 16,942,301.00.
SECTION 2. 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 Development Authority or the appropriate special fund for the purpose of defraying the expenses incurred in the operation of the various divisions of the authority for the fiscal year beginning July 1, 2006, and ending June 30, 2007$ 96,284,233.00.
SECTION 3. With 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$ 14,076,515.00
Travel and Subsistence.............. 1,448,585.00
Contractual Services..................... 11,835,584.00
Commodities.............................. 1,428,186.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 234,805.00
Subsidies, Loans and Grants.............. 84,202,859.00
Total.............................. $ 113,226,534.00
FUNDING:
General Funds........................... $ 16,942,301.00
Special Funds............................ 96,284,233.00
Total.............................. $ 113,226,534.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 252
Part Time........... 2
Time-Limited:Full Time........... 14
Part Time........... 1
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 4. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY07
Performance Measures Target
Business Development & Trade
National Recruitment Contacts (Actions) 2,900
International Investment Contacts (Actions) 200
International Trade Contacts (Actions) 925
Qualified National Prospects (Prospects) 250
Minority & Small Business Dev
Minority & Small Business Contacts (Contacts) 7,500
Minority Business Certifications (Actions) 498
Financial Resources
Request for Financing or Incentives (Actions) 600
Existing Industry & Business
Interactions with Interstate
Businesses (Actions) 6,300
Number of Qualified Contacts 2,000
Tourism Services
Tourist Inquiries Generated (Number) 1,297,040
Welcome Centers
Tourists Registered (Persons) 2,986,242
Energy
BTUs Saved (Units in Trillions) 71.67
Clients Served (Entities) 34,650
Community Services
Amount of Grants Awarded ($) 66,000,000
Grants & Loans Awarded (Items) 220
Community Programs Delivered (Programs) 400
Regional Services
Community Customer Contacts 500
Cost per Program Contact ($) 2,511
A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2008.
SECTION 5. Of the funds appropriated in Section 2, the amount of Four Hundred Fifty Thousand Dollars ($450,000.00) shall be provided from the Mississippi Department of Transportation to defray the expenses of the Mississippi Development Authority in operating the state welcome centers.
SECTION 6. The acceptance and expenditure of funds, and interest on such funds, received from, or by virtue of consent or other orders of or agreements involving any agency, instrumentality, or judicial tribunal of any state or the United States for petroleum price compliance and allocation which may become available during the fiscal year for the support of the Mississippi Development Authority or any programs sponsored under the terms of the receipt of these funds are hereby authorized not to exceed Two Million Dollars ($2,000,000.00) and approved, provided such receipts and expenditures are reported and otherwise accounted for in accordance with Section 27-103-101 et seq., and Section 27-104-1 et seq., Mississippi Code of 1972.
SECTION 7. It is the intention of the Legislature that the Mississippi Development Authority is hereby authorized to escalate, budget and expend funds from any source not to exceed Five Million Dollars ($5,000,000.00) in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
SECTION 8. It is the intention of the Legislature that the Mississippi Development Authority 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 2006. It is further the intention of the Legislature that the agency's 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 9. Of the funds appropriated in Sections 1 and 2, the amount of Six Million Four Hundred Sixty-two Thousand Dollars ($6,462,000.00), or so much thereof as may be necessary, is provided for the purpose of supporting Mississippi Tourism Advertising and Promotion for Fiscal Year 2007, and shall not be expended for any type of cultural exchange program. The expenditure of funds authorized in this section shall be exempt from Section 25-9-120, Mississippi Code of 1972.
SECTION 10. Of the funds appropriated in Sections 1 and 2, the amount of One Million Five Hundred Sixty-seven Thousand Dollars ($1,567,000.00), or so much thereof as may be necessary, is provided for the purpose of supporting, marketing, and facilitating Mississippi business growth for Fiscal Year 2007. The expenditure of funds authorized in this section shall be exempt from Section 25-9-120, Mississippi Code of 1972.
SECTION 11. In addition to all other sums herein appropriated, 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 Development Authority for the purpose of providing funds for Mississippi Technology Alliance, for the fiscal year beginning July 1, 2006, and ending June 30, 2007
............................................ $ 1,153,071.00.
The funds appropriated under the provisions of this section are provided for the specific purpose of providing state funds for support of Mississippi Technology Alliance to strengthen the business environment in Mississippi to spur the creation and growth of technology-based industries, thus creating many more high-paying jobs and a more diversified, competitive Mississippi economy. The funds herein appropriated shall be held separate and apart from all other funds appropriated to the Mississippi Development Authority.
SECTION 12. In addition to all other sums herein appropriated, 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 Development Authority for the purpose of providing funds to support the Enterprise for Geospatial Solutions, for the
fiscal year beginning July 1, 2006, and ending June 30, 2007...
...............................................$ 595,324.00.
The funds herein appropriated shall be held separate and apart from all other funds appropriated to the Mississippi Development Authority.
SECTION 13. It is the intention of the Legislature that of the funds appropriated in Sections 1 and 2, not more than Twenty Thousand ($20,000.00) may be expended for Mississippi Development Authority employee travel associated with business recruitment activities conducted at the Mississippi event located in New York City's Central Park.
SECTION 14. 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 15. In addition to all other sums herein appropriated, 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 Telecommunication Conference and Training Center Fund #3424, for the purpose of defraying the expenses of the Mississippi Telecommunication Conference and Training Center Commission, for the fiscal year beginning July 1, 2006, and ending June 30, 2007...
............................................. $ 2,116,299.00.
The funds appropriated in this section shall be derived from any revenues collected by the commission from fees, rates or charges for the use of the Telecommunication Conference and Training Center, as authorized in Section 31-31-9, Mississippi Code of 1972.
Of the funds appropriated under the provisions of this section, 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.............. 5,000.00
Contractual Services..................... 533,364.00
Commodities.............................. 822,300.00
Capital Outlay:
Other Than Equipment................ 37,500.00
Equipment........................... 5,114.00
Subsidies, Loans and Grants.............. 713,021.00
Total.............................. $ 2,116,299.00
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 2,116,299.00
Total.............................. $ 2,116,299.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
SECTION 16. Of the funds appropriated in Section 15, 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 Telecommunication Conference and Training Facility Reserve Fund #3425, to the Mississippi Telecommunication Conference and Training Center Commission for the purpose of paying debt service and maintaining, renovating, improving or making additions to the Telecommunication Conference and Training facility for the fiscal year beginning July 1, 2006, and ending June 30, 2007.............................................. $ 737,934.00.
It is the intention of the Legislature that not more than Twenty-five Thousand Dollars ($25,000.00) of the funds appropriated in this section shall be used by the commission for the maintenance and operation of the facility, provided that this sum of money remains available in the fund after transferring amounts to the State Treasurer to pay debt service, as prescribed in Section 31-31-11(5), Mississippi Code of 1972.
SECTION 17. In addition to all other sums herein appropriated, the following sums, or so much thereof as may be necessary, are hereby appropriated out of any money in the State Treasury to the credit of the Mississippi Telecommunication Conference and Training Center Fund #3424 not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Telecommunication Conference and Training Center Commission, for the period beginning upon passage, for the fiscal year ending June 30, 2006................................. $ 926,892.00.
SECTION 18. Of the funds appropriated under the provisions of Section 2, Five Million Dollars ($5,000,000.00) shall be derived from the Budget Contingency Fund, as created in Section 27-103-301, Mississippi Code of 1972.
SECTION 19. 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 20. 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 21. 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 22. This act shall take effect and be in force from and after July 1, 2006, with the exception of Section 17 which shall take effect and be in force from and after its passage.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE MISSISSIPPI DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2007.
HR03\SB3026PH.J
Don Richardson
Clerk of the House of Representatives