House Amendments to Senate Bill No. 3033
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 Treasury to the credit of the Mississippi Fair Commission for the purpose of defraying the expenses of said Mississippi Fair Commission, the Mississippi Livestock Coliseum, the Industrial Showcase, the Trade Mart Building and for the purpose of paying any indebtedness which may accrue for the period beginning July 1, 2006, and ending June 30, 2007 $ 3,994,057.00.
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$ 1,368,707.00
Travel and Subsistence.............. 6,000.00
Contractual Services..................... 2,071,350.00
Commodities.............................. 225,000.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 91,000.00
Subsidies, Loans and Grants.............. 232,000.00
Total.............................. $ 3,994,057.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 10
Part Time........... 42
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 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. No operation, maintenance or service contracts, agreements or obligations for commodities, concessions, or catering services, shall be entered into or renewed by this agency for a period of more than three (3) years nor unless said contracts, agreements or obligations have been made in accordance with Sections 31-7-11, 31-7-13, 31-7-55 and 31-7-57, Mississippi Code of 1972.
SECTION 4. Of the funds appropriated in Section 1 and authorized for expenditure in Section 2, it is the intention of the Legislature that Twelve Thousand Dollars ($12,000.00) shall be transferred to the Fair Commission - County Livestock Shows during the Fiscal Year 2007.
SECTION 5. 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 6. 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 7. 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 8. This act shall take effect and be in force from and after July 1, 2006.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT MAKING AN APPROPRIATION OF SPECIAL FUNDS TO DEFRAY THE EXPENSES OF THE MISSISSIPPI FAIR COMMISSION, THE MISSISSIPPI LIVESTOCK COLISEUM AND THE INDUSTRIAL SHOWCASE AND TRADE MART BUILDING FOR FISCAL YEAR 2007.
HR40\SB3033PH.J
Don Richardson
Clerk of the House of Representatives