2007 Regular Session

To: Appropriations

By: Representative Holland, Barnett, Banks, Davis, Flaggs, Gibbs, Malone, Markham, Read, Shows, Stevens

House Bill 1697

(As Passed the House)



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 Tobacco Control Commission, for the fiscal year beginning July 1, 2007, and ending June 30, 2008...........................................

............................................ $    20,000,000.00.

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


Permanent:    Full Time...........        1

Part Time...........        0

Time-Limited:Full Time...........        0

Part Time...........        0

     SECTION 3.  Of the funds appropriated under the provisions of this act, the following sums shall be allocated as follows:

     The Department of Education for the

          School Nurse Program............$ 7,500,000.00

     The University Medical Center for

          the Cancer Center...............$ 5,000,000.00

     The University of Mississippi Act

          Center for Tobacco Treatment,

          Education and Research..........$ 2,000,000.00

     The Attorney General's Office for

          the Alcohol and Enforcement

          Tobacco Unit....................$   800,000.00

     Further, it is the intention of the Legislature that the Commission shall have the authority to escalate up to twenty-five (25) PINs as authorized in House Bill No. 349, 2007 Regular Session.

     SECTION 4.  Funding for the different components of the program shall be apportioned between the components based on the recommendations in the Best Practices for Comprehensive Tobacco Control Programs of the Federal Centers for Disease Control and Prevention, as periodically amended, to provide adequate program development, implementation and evaluation for effective control of the use of tobacco products.  While the commission shall develop annual budgets based on strategic planning, components of the program shall be funded using the following areas as guidelines for priority:

     (1)  School programs;

     (2)  Mass media (counter-marketing);

     (3)  Cessation programs (including media promotions);

     (4)  Community programs;

     (5)  Surveillance and evaluation;

     (6)  Law enforcement; and

     (7)  Administration and management; however, not more than five percent (5%) of the total budget may be expended for administration and management purposes.

     In funding the components of the program, the commission may provide funding for health care programs at the University of Mississippi Medical Center that are related to the prevention and cessation of the use of tobacco products and the treatment of illnesses that are related to the use of tobacco products inclusive of their ACT Center.

     Funds are provided herein to adjust the Variable Compensation Plan to ensure that all full-time employees receive a pay increase equal to the realignment component of the Variable Compensation Plan or One Thousand Five Hundred Dollars ($1,500.00), whichever is greater.

     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 2009 do not exceed Fiscal Year 2008 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2009 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 2008 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 2008 "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 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.  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 7.  This act shall take effect and be in force from and after July 1, 2007.