MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Appropriations
By: Senator(s) Gordon, Little, Dearing, Gollott, Jackson (15th), Lee (47th), Wilemon
AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR FISCAL YEAR 2008.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 defray the expenses of the Department of Finance and Administration for the fiscal year beginning July 1, 2007, and ending June 30, 2008.........................
............................................ $ 11,996,503.00.
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 Department of Finance and Administration for the purpose of defraying the expenses incurred in the operation of the various offices of the department for the fiscal year beginning July 1, 2007, and ending June 30, 2008.........................
............................................ $ 29,491,068.00.
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$ 20,804,619.00
Travel and Subsistence.............. 270,169.00
Contractual Services..................... 17,449,073.00
Commodities.............................. 1,297,437.00
Capital Outlay:
Other Than Equipment................ 6,219.00
Equipment........................... 805,620.00
Vehicles............................ 126,649.00
Wireless Communication Devices...... 150.00
Subsidies, Loans and Grants.............. 727,635.00
Total.............................. $ 41,487,571.00
FUNDING:
General Funds........................... $ 11,996,503.00
Special Funds............................ 29,491,068.00
Total.............................. $ 41,487,571.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 387
Part Time........... 2
Time-Limited:Full Time........... 0
Part Time........... 0
Provided that a report based on expenditures incurred during the current and immediate-past fiscal years shall be provided to each regularly scheduled legislative session. This report should reflect expenditures as a result of the operation of the Robert E. Lee Building, the Woolfolk State Office Building, the Gartin and Sillers Buildings, the Capitol Buildings, the Central High School Building, the Robert G. Clark, Jr., Building and other state buildings, and this report should contain any steps taken to reduce operating costs.
It is also the intention of the Legislature that no state-owned aircraft shall be utilized by any person except for official business only.
SECTION 4. 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 special fund in the State Treasury to the credit of the Tort Claims Fund for the purpose of defraying the expenses of the Tort Claims Board in the administration of the Tort Claims Act for the fiscal year beginning July 1, 2007, and ending June 30, 2008...........................................
.......................................... $ 11,436,253.00.
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$ 672,083.00
Travel and Subsistence.............. 17,400.00
Contractual Services..................... 4,713,963.00
Commodities.............................. 6,800.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 3,000.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 6,023,007.00
Total.............................. $ 11,436,253.00
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 11,436,253.00
Total.............................. $ 11,436,253.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 9
Part Time........... 0
Time-Limited:Full Time........... 2
Part Time........... 0
With the funds herein appropriated, the Tort Claims Board is authorized to pay for expenses incurred in fiscal year 2003 in the amount of Fourteen Thousand Seven Hundred Sixty-eight Dollars and Fifty-five Cents ($14,768.55), payable to Gore, Kilpatrick, Purdie and Metz, PLLC.
SECTION 5. 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 Medical Malpractice Fund for the purpose of defraying the expenses of the Tort Claims Board in administering the Medical Malpractice Insurance Availability Plan, for the fiscal year beginning July 1, 2007, and ending June 30, 2008......... $ 158,482.00.
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.............. 10,000.00
Contractual Services..................... 144,482.00
Commodities.............................. 1,000.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 3,000.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 0.00
Total.............................. $ 158,482.00
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 158,482.00
Total.............................. $ 158,482.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
SECTION 6. 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 Dollars ($1,000.00), or Three Percent (3%) whichever is greater, to be awarded on July 1, 2007.
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.
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 unless specifically exempted by the following conditions: the award of teacher pay increases, the advancement of a trainee/cadet to the next level of a bona fide career ladder, the award of an educational benchmark for the attainment of Certified Public Accountant License or higher level professional certification as determined by the State Personnel Board, the immediate replacement of a departing employee with an individual from within state service or a new hire at a salary level equivalent to that of the departing employee, and the emergency appointment of nurses, pharmacists or other health care professionals at a salary to be determined by the State Personnel Board, unless otherwise authorized in this act.
SECTION 7. The Bureau of Building, Grounds and Real Property Management of the Office of General Services is hereby expressly authorized and empowered to receive, budget and expend any state, local or other source funds designated for supplemental funding of construction and/or repairs and renovation projects.
SECTION 8. Of the funds appropriated under the provisions of Section 2, the following amounts are authorized to be spent out of the Statewide Cost Allocation Fund No. 3143 by the Department of Finance and Administration:
(a) Three Hundred Seven Thousand Three Hundred Dollars ($307,300.00) for the purpose of defraying computer expenses.
(b) Six Hundred Forty-three Thousand Seven Hundred Eighty-eight Dollars ($643,788.00) the purpose of providing statewide accounting, payroll and document management.
(c) Two Hundred Eleven Thousand Three Hundred Fifty-three Dollars ($211,353.00) for the purpose of defraying the expenses of administration of the Statewide Cost Allocation Plan.
SECTION 9. It is the intention of the Legislature that the Department of Finance and Administration 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 2007. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2009 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 2008 budget request process.
SECTION 10. It is the intention of the Legislature that the Executive Director of the Mississippi Department of Finance and Administration 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 11. The department is authorized to expend available funds on technology or equipment upgrades or replacements when it will generate savings through efficiency or when the savings generated from such upgrades or replacements exceed expenditures thereof.
SECTION 12. 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 13. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the State Treasury to the credit of the Budget Contingency Fund, to the Department of Finance and Administration for the purpose of reauthorizing the expenditure of Budget Contingency Funds, as authorized in Senate Bill No. 3007, 2006 Regular Session, for the fiscal year beginning July 1, 2007, and ending June 30, 2008 ...
............................................... $ 500,000.00.
Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 2007.
SECTION 14. It is the intention of the Legislature that the Department of Finance and Administration is hereby authorized to escalate, budget and expend funds from any source, not to exceed One Million Dollars ($1,000,000.00), for the purpose of paying utility expenses of state owned facilities, in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
SECTION 15. 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 16. This act shall take effect and be in force from and after July 1, 2007.