REPORT OF CONFERENCE COMMITTEE
MADAM PRESIDENT AND MR. SPEAKER:
We, the undersigned conferees, have had under consideration the amendments to the following entitled BILL:
S. B. No. 3147: Appropriation; Department of Mental Health Crisis Centers.
We, therefore, respectfully submit the following report and recommendation:
1. That the House recede from its Amendment No. 1.
2. That the Senate and House adopt the following amendment:
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. The following sum, or so much of it as may be necessary, is appropriated out of any money in the State General Fund not otherwise appropriated, to the Department of Mental Health for the operation and maintenance of the seven (7) mental health crisis centers for the fiscal year beginning July 1, 2007, and ending June 30, 2008............................................ $ 16,749,005.00.
SECTION 2. The following sum, or so much of it as may be necessary, is appropriated out of the Health Care Expendable Fund created in Section 43-13-407, Mississippi Code of 1972, to the Department of Mental Health for the operation and maintenance of the seven (7) mental health crisis centers for the fiscal year beginning July 1, 2007, and ending June 30, 2008..............
.............................................$ 636,374.00.
SECTION 3. The following sum, or so much of it as may be necessary, is appropriated out of the Crisis Intervention Mental Health Fund created in Section 41-21-151, Mississippi Code of 1972, to the Department of Mental Health for the operation and maintenance of the seven (7) mental health crisis centers for the fiscal year beginning July 1, 2007, and ending June 30, 2008.........
................................................. $5,005,887.00.
SECTION 4. With the funds appropriated under the provisions of this act, the following positions are authorized:
Permanent: Full Time....................... 337
Part Time....................... 0
Time-Limited: Full Time....................... 0
Part Time....................... 0
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, 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 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 2008 appropriations for "Personal Services" when annualized, with the exception of escalated funds and educational benchmarks. 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. On January 1, 2008, the State Personnel Board will make adjustments to the structure side of the compliance report based on data provided by the Legislative Budget Office in order for agencies to award educational benchmarks.
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. The Executive Director of the Department of Mental Health shall have the authority to transfer not more than twenty-five percent (25%) of the general funds appropriated in this act to crisis centers operated by a facility to the facility operating budget in whatever line items are necessary. The executive director shall submit justification for such a transfer to the Director of the Legislative Budget Office and the Executive Director of the Department of Finance and Administration on or before the fifteenth day of the month preceding the month in which the transfer is to be made. Notwithstanding any provision of this section to the contrary, the executive director shall not reduce funding at any crisis center below that which is required to operate that crisis center at full funding at full capacity.
SECTION 6. It is the intention of the Legislature that the Executive Director of the Department of Mental Health shall have authority to transfer cash from one special fund treasury fund to another special fund treasury fund under the control of the Department of Mental Health. The purpose of this authority is to more efficiently use available cash reserves. It is further the intention of the Legislature that the Executive Director of the Department of Mental Health shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth (15th) of the month prior to the effective date of the transfer.
SECTION 7. It is the intention of the Legislature that the Department of Mental Health shall have the authority to receive, budget, and expend funds from any source, including beginning cash in excess of beginning cash when spending authority was initially appropriated, that may become available to the department in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
SECTION 8. As a condition of receipt of the money appropriated in this act, the Department of Mental Health shall name the crisis center located in Brookhaven in honor of the late Senator Billy V. Harvey.
SECTION 9. The money appropriated in this act 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 10. This act shall take effect and be in force from and after July 1, 2007.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT MAKING AN APPROPRIATION TO THE DEPARTMENT OF MENTAL HEALTH TO FULLY FUND THE OPERATION AND MAINTENANCE OF THE SEVEN MENTAL HEALTH CRISIS CENTERS FOR FISCAL YEAR 2008.
CONFEREES FOR THE SENATE CONFEREES FOR THE HOUSE
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X (SIGNED) |
X (SIGNED) |
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Jack Gordon |
Johnny W. Stringer |
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X (SIGNED) |
X (SIGNED) |
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Terry C. Burton |
Joseph L. Warren |
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X (SIGNED) |
X (SIGNED) |
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Billy Thames |
George Flaggs, Jr. |
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