MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Appropriations

By: Representatives Stringer, Peranich

House Bill 965

(As Sent to Governor)

AN ACT TO AMEND SECTION 4 OF CHAPTER 124, 2009 SECOND EXTRAORDINARY SESSION, TO TRANSFER SUMS FROM THE BUDGETS OF CERTAIN INDIVIDUAL FACILITIES OF THE DEPARTMENT OF MENTAL HEALTH TO THE SERVICE BUDGET OF THE DEPARTMENT; TO AMEND SECTION 18 OF CHAPTER 124, 2009 SECOND EXTRAORDINARY SESSION, TO AUTHORIZE THE DEPARTMENT TO CONTRACT WITH SUITABLE ENTITIES FOR THE PURPOSE OF OPERATING THE CRISIS INTERVENTION CENTERS IN BATESVILLE, BROOKHAVEN, CLEVELAND, CORINTH, LAUREL AND NEWTON, IN ADDITION TO THE CENTER IN GRENADA; TO AMEND SECTION 23 OF CHAPTER 124, 2009 SECOND EXTRAORDINARY SESSION, TO PROVIDE AN EXCEPTION TO THE PROHIBITION ON THE DEPARTMENT SPENDING ANY FUNDS IF THE BOARD OF MENTAL HEALTH CLOSES ANY MENTAL HEALTH FACILITY WITHOUT LEGISLATIVE APPROVAL, TO ALLOW THE BOARD TO CLOSE ANY OF THE CRISIS INTERVENTION CENTERS FOR THE PURPOSE OF CONTRACTING WITH SUITABLE ENTITIES TO OPERATE THE CENTERS; TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO TRANSFER FUNDS BACK TO THE DEPARTMENT OF MENTAL HEALTH, UPON THE REQUEST OF THE DEPARTMENT, WHERE THE FUNDS RECEIVED BY DFA FROM THE DEPARTMENT WERE SPECIAL FUNDS AND THEY ARE NOT REQUIRED FOR THE PAYMENT OF ANY COSTS ALREADY INCURRED, REGARDLESS OF THE YEAR THAT THE TRANSFER WAS MADE BY THE DEPARTMENT; TO AMEND SECTION 2 OF CHAPTER 56, 2009 SECOND EXTRAORDINARY SESSION, TO TRANSFER SUMS FROM BUDGET CATEGORIES TO FUND SALARIED POSITIONS IN THE STATE BOARD OF PUBLIC CONTRACTORS; TO AMEND SECTION 2 OF CHAPTER 35, 2009 SECOND EXTRAORDINARY SESSION, TO TRANSFER CERTAIN FUNDS WITHIN BUDGET CATEGORIES FOR FY2010 FOR THE STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND SURVEYORS; TO REPEAL SECTION 21 OF CHAPTER 128, 2009 SECOND EXTRAORDINARY SESSION, WHICH SETS CERTAIN TRAVEL RESTRICTIONS ON STAFF MEMBERS OF THE TOURISM DIVISION OF THE MISSISSIPPI DEVELOPMENT AUTHORITY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 4 of Chapter 124, 2009 Second Extraordinary Session, is amended as follows:

     Section 4.  Of the funds appropriated under the provisions of Section 1 and authorized for expenditure under the provisions of Section 2, not more than the amounts set forth below shall be expended:

CENTRAL OFFICE

  FUNDING:

General Funds......................... $     3,618,288.00

Special Funds..........................      7,161,194.00

Total............................ $    10,779,482.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:............. $  6,909,145.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............       70

Part Time............        0

Time-Limited:  Full Time............       33

Part Time............        0

SERVICE BUDGET

  FUNDING:

General Funds......................... $    15,791,284.00

Special Funds..........................     47,242,908.00

Total............................ $    63,034,192.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:.................... $   0.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............        0

Part Time............        0

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

Part Time............        0

EAST MISSISSIPPI STATE HOSPITAL

  FUNDING:

General Funds......................... $    42,902,985.00

Special Funds..........................     23,394,383.00

Total............................ $    66,297,368.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:............. $ 49,280,998.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............    1,110

Part Time............        4

Time-Limited:  Full Time............      102

Part Time............       20

ELLISVILLE STATE SCHOOL AND FARM

  FUNDING:

General Funds......................... $    12,244,471.00

Special Funds..........................     89,487,663.00

Total............................ $   101,732,134.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:............. $ 62,935,781.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............    1,586

Part Time............       31

Time-Limited:  Full Time............       88

Part Time............        0

MISSISSIPPI STATE HOSPITAL

  FUNDING:

General Funds......................... $    87,616,732.00

Special Funds..........................     56,533,245.00

Total............................ $   144,149,977.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:............ $ 105,850,340.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............    2,327

Part Time............       10

Time-Limited:  Full Time............      189

Part Time............        0

CENTRAL MISSISSIPPI RESIDENTIAL CENTER

  FUNDING:

General Funds......................... $     7,251,490.00

Special Funds..........................      1,122,577.00

Total............................ $     8,374,067.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:............. $  6,565,908.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............      143

Part Time............        0

Time-Limited:  Full Time............       12

Part Time............        0

MISSISSIPPI ADOLESCENT CENTER

  FUNDING:

General Funds......................... $     4,921,585.00

Special Funds..........................         51,165.00

Total............................ $     4,972,750.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:............. $  4,140,195.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............       90

Part Time............        0

Time-Limited:  Full Time............        5

Part Time............        0

SPECIALIZED TREATMENT FACILITY

  FUNDING:

General Funds......................... $     3,184,555.00

Special Funds..........................      4,612,261.00

Total............................ $     7,796,816.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:............. $  5,643,178.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............      150

Part Time............        0

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

Part Time............        0

DIVISION OF ALCOHOL AND DRUG ABUSE

  FUNDING:

General Funds......................... $             0.00

Special Funds..........................      6,202,106.00

Total............................ $     6,202,106.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:................ $ 511,130.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............        8

Part Time............        0

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

Part Time............        0

BROOKHAVEN CRISIS INTERVENTION CENTER

  FUNDING:

General Funds......................... $     1,408,357.00

Special Funds...........................       471,744.00

Total............................ $     1,880,101.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:.............. $ 1,806,866.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............       43

Part Time............        0

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

Part Time............        0

BOSWELL REGIONAL CENTER

  FUNDING:

General Funds......................... $     7,361,233.00

Special Funds..........................     30,900,290.00

Total............................ $    38,261,523.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:............. $ 22,429,972.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............      490

Part Time............        3

Time-Limited:  Full Time............      110

Part Time............        2

NORTH MISSISSIPPI STATE HOSPITAL

  FUNDING:

General Funds.......................... $    9,873,232.00

Special Funds..........................      3,606,295.00

Total............................. $   13,479,527.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:............ $  10,668,318.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............      208

Part Time............        0

Time-Limited:  Full Time............        3

Part Time............        0

NORTH MISSISSIPPI REGIONAL CENTER

  FUNDING:

General Funds.......................... $    6,368,330.00

Special Funds.........................     68,159,463.00

Total............................ $   74,527,793.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:............. $ 44,492,173.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............      971

Part Time............       10

Time-Limited:  Full Time............      192

Part Time............       12

HUDSPETH REGIONAL CENTER

  FUNDING:

General Funds......................... $     5,867,167.00

Special Funds..........................     54,483,815.00

Total............................ $    60,350,982.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:........... $   38,038,098.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............      913

Part Time............       25

Time-Limited:  Full Time............       41

Part Time............        0

SOUTH MISSISSIPPI REGIONAL CENTER

  FUNDING:

General Funds......................... $     4,340,458.00

Special Funds..........................     38,297,885.00

Total............................ $    42,638,343.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:............. $ 25,672,351.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............      526

Part Time............        8

Time-Limited:  Full Time............       90

Part Time............        3

SOUTH MISSISSIPPI STATE HOSPITAL

  FUNDING:

General Funds......................... $     7,668,387.00

Special Funds..........................      3,022,981.00

Total............................ $    10,691,368.00

With the funds appropriated for this budget, 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 2011 do not exceed the following amount:............. $  7,855,334.00.

  AUTHORIZED POSITIONS:

Permanent:     Full Time............      158

Part Time............        0

Time-Limited:  Full Time............        2

Part Time............        0

JACKSON COUNTY CRISIS INTERVENTION CENTER

MAJOR OBJECTS OF EXPENDITURE:

     Personal Services:

Salaries, Wages and Fringe Benefits.............. $0

Travel and Subsistence........................... 0

Contractual Services............................. 0

Commodities........................................... 0

     Capital Outlay:

Other Than Equipment............................. 0

Equipment........................................ 0

Vehicles......................................... 0

Wireless Communication Devices................... 0

Subsidies, Loans and Grants........................... 0

Total............................................ $0

FUNDING:

General Funds......................................... $0

Special Funds......................................... 0

Total............................................ $0

AUTHORIZED POSITIONS:

     Permanent:     Full Time......................0

                    Part Time......................0

     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 2011 do not exceed Fiscal Year 2010 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2010 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 2010 appropriations 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 2010 "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.

     Unless otherwise authorized in this act, no state agency shall take any action to promote or otherwise award salary increases through reallocation, reclassification, realignment, educational benchmark, career ladder, equity salary adjustment, or any other means to increase salaries of employees or positions unless specifically exempted by the following conditions:  the award of teacher salary increments; 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 a Certified Public Accountant License or higher level professional certification based on information provided to the State Personnel Board by the Legislative Budget Office; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the Fiscal Year 2010 promotional formula, whichever is less; the emergency appointment of nurses, pharmacists or other health care and child protection professionals at a salary to be determined by the State Personnel Board; or a new hire associated with the American Recovery and Reinvestment Act of 2009.  All positions supported by funds available through the American Recovery and Reinvestment Act of 2009 shall be designated as time-limited positions.

     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 2.  Section 18 of Chapter 124, 2009 Second Extraordinary Session, is amended as follows:

     Section 18.  (1)  Of the funds herein appropriated, the Department of Mental Health, with approval by the board, may contract with a Community Mental Health Center for the purpose of operating the Crisis Intervention Center at Grenada.  Employees of the center shall be participants in the Public Employees' Retirement System.  The department will provide quarterly progress reports to the Chairmen of the Senate and House Public Health and Appropriation Committees.

     As of the effective date of any such contract, all employee positions assigned by the Department of Mental Health to the Crisis Center at Grenada, Mississippi, shall be eliminated and all employees will no longer be employed by the Department of Mental Health.  The Department of Mental Health shall make all reasonable efforts to place the subject employees in vacant positions at other Department of Mental Health locations.  Employees for whom no comparable positions can be found shall be terminated due to reduction in force pursuant to this act.

     (2)  Of the funds herein appropriated, the Department of Mental Health, with approval by the board, may contract with suitable entities for the purpose of operating the crisis intervention centers in Batesville, Brookhaven, Cleveland, Corinth, Laurel and Newton.  The department shall provide quarterly progress reports on the operation of the crisis intervention centers to the Chairmen of the Senate and House Public Health and Appropriation Committees.

     SECTION 3.  Section 23 of Chapter 124, 2009 Second Extraordinary Session, is amended as follows:

     Section 23.  It is the intention of the Legislature, that no funds shall be expended if the Board of Mental Health closes any mental health facility without prior legislative approval, however, this section does not prohibit the Board of Mental Health from closing any of the crisis intervention centers for the purpose of contracting with suitable entities to operate the centers as authorized under the provisions of subsection (2) of Section 18 of Chapter 124, 2009 Second Extraordinary Session, as amended by Section 2 of this act.  

     SECTION 4.  The Department of Finance and Administration (DFA) shall transfer funds back to the Department of Mental Health, upon the request of the Department of Mental Health, where the funds received by DFA from the Department of Mental Health were special funds (neither general funds or bond funds) and where those funds are not required for the payment of costs already incurred on a building or repair project.  For the purposes of this section, the term "special funds" includes any state source special funds including, but not limited to, funds from the Health Care Expendable Fund.  The duty of DFA to transfer funds back to the Department of Mental Health under this section applies to any funds described in this section that were transferred to DFA, regardless of the year that the transfer was made by the Department of Mental Health.

     SECTION 5.  Section 2 of Chapter 56, 2009 Second Extraordinary Session, is amended as follows:

     Section 2.  Of the funds appropriated under the provisions of this act, 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............... $       771,089.00

Travel and Subsistence...........         120,000.00

Contractual Services..................         331,539.00

Commodities...........................          20,860.00

     Capital Outlay:

Other Than Equipment.............               0.00

Equipment........................           1,750.00

Vehicles.........................               0.00

Wireless Communication Devices...           2,000.00

Subsidies, Loans and Grants...........        870,000.00

Total............................ $     2,117,238.00

  FUNDING:

General Funds......................... $             0.00

Special Funds.........................      2,117,238.00

Total............................ $     2,117,238.00

  AUTHORIZED POSITIONS:

Permanent:     Full Time............       16

Part Time............        0

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 2011 do not exceed Fiscal Year 2010 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2010 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 2010 appropriations 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 2010 "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.

     Unless otherwise authorized in this act, no state agency shall take any action to promote or otherwise award salary increases through reallocation, reclassification, realignment, educational benchmark, career ladder, equity salary adjustment, or any other means to increase salaries of employees or positions unless specifically exempted by the following conditions:  the award of teacher salary increments; 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 a Certified Public Accountant License or higher level professional certification based on information provided to the State Personnel Board by the Legislative Budget Office; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the FY2010 promotional formula, whichever is less; the emergency appointment of nurses, pharmacists or other health care and child protection professionals at a salary to be determined by the State Personnel Board; or a new hire associated with the American Recovery and Reinvestment Act of 2009.  All positions supported by funds available through the American Recovery and Reinvestment Act of 2009 shall be designated as time-limited positions.

     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 6.  Section 2 of Chapter 35, 2009 Second Extraordinary Session, is amended as follows:

     Section 2.  Of the funds approved for expenditure 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............... $       341,275.00

Travel and Subsistence............         37,000.00

Contractual Services...................        189,000.00

Commodities............................         31,500.00

     Capital Outlay:

Other Than Equipment..............              0.00

Equipment.........................          5,750.00

Vehicles..........................              0.00

Wireless Communication Devices....              0.00

Subsidies, Loans and Grants............              0.00

Total............................ $       604,525.00

  AUTHORIZED POSITIONS:

Permanent:     Full Time............        5

Part Time............        0

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 2011 do not exceed Fiscal Year 2010 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2010 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 2010 appropriations 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 2010 "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.

     Unless otherwise authorized in this act, no state agency shall take any action to promote or otherwise award salary increases through reallocation, reclassification, realignment, educational benchmark, career ladder, equity salary adjustment, or any other means to increase salaries of employees or positions unless specifically exempted by the following conditions:  the award of teacher salary increments; 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 a Certified Public Accountant License or higher level professional certification based on information provided to the State Personnel Board by the Legislative Budget Office; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the FY2010 promotional formula, whichever is less; the emergency appointment of nurses, pharmacists or other health care and child protection professionals at a salary to be determined by the State Personnel Board; or a new hire associated with the American Recovery and Reinvestment Act of 2009.  All positions supported by funds available through the American Recovery and Reinvestment Act of 2009 shall be designated as time-limited positions.

     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 7.  Section 21 of Chapter 128, 2009 Second Extraordinary Session, which sets certain travel restrictions on staff members of the Tourism Division of the Mississippi Development Authority, is repealed.

     SECTION 8.  This act shall take effect and be in force from and after its passage.