MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Appropriations
By: Representatives Stringer, Dedeaux
AN ACT TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER CERTAIN AMOUNTS TO THE BUDGET CONTINGENCY FUND FROM THE STATE GENERAL FUND AND CERTAIN SPECIAL FUNDS DURING FISCAL YEARS 2011 AND 2012; TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER CERTAIN AMOUNTS TO THE STATE TREASURER FROM CERTAIN LOAN PROGRAM FUNDS DURING FISCAL YEAR 2011; TO PROVIDE THAT THE STATE TREASURER SHALL USE THOSE FUNDS TO PAY DEBT SERVICE ON STATE GENERAL OBLIGATION BONDS FALLING DUE DURING FISCAL YEAR 2011; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE "MISSISSIPPI DAIRY FARM RETENTION PROGRAM FUND"; TO PROVIDE THAT MONIES IN THE FUND SHALL BE USED TO HELP RETAIN DAIRY FARMS IN MISSISSIPPI UNDER ANY PROGRAM ESTABLISHED FOR THAT PURPOSE; TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER A CERTAIN SUM FROM THE MILK PRODUCERS TRANSPORTATION COST ASSISTANCE LOAN FUND TO THE MISSISSIPPI DAIRY FARM RETENTION PROGRAM FUND; TO AMEND SECTION 5 OF CHAPTER 562, 2010 REGULAR SESSION, TO REVISE THE AMOUNTS THAT THE STATE FISCAL OFFICER IS REQUIRED TO TRANSFER TO THE BUDGET CONTINGENCY FUND DURING FISCAL YEAR 2011 FROM FUNDS TO THE CREDIT OF CERTAIN AGENCIES, WHICH WAS CONTINGENT UPON THE FEDERAL GOVERNMENT EXTENDING THE INCREASED FEDERAL MEDICAL ASSISTANCE PERCENTAGE (FMAP) PROVIDED FOR IN THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009; TO DELETE THE PROVISION FOR THE STATE FISCAL OFFICER TO TRANSFER SPECIFIED SUMS TO CERTAIN AGENCIES AND FUNDS FROM THE AMOUNT THAT WAS TRANSFERRED TO THE BUDGET CONTINGENCY FUND; TO AMEND SECTION 43-13-405, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALER ON THE HEALTH CARE TRUST FUND; TO AMEND SECTION 43-13-407, MISSISSIPPI CODE OF 1972, TO TRANSFER A CERTAIN SUM FROM THE HEALTH CARE TRUST FUND TO THE HEALTH CARE EXPENDABLE FUND IN FISCAL YEAR 2012; TO EXTEND THE DATE OF THE REPEALER ON THAT SECTION; TO AMEND SECTION 27-103-213, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DISTRIBUTION OF THE UNENCUMBERED CASH BALANCE IN THE STATE GENERAL FUND AT THE END OF EACH FISCAL YEAR; TO AMEND SECTION 35-1-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE FUNDS PAID TO THE STATE BOARD OF VETERANS AFFAIRS BY THE VETERAN RESIDENTS OF STATE VETERANS HOMES TO FUND THEIR MONTHLY EXPENSES AT THE STATE VETERANS HOMES SHALL BE CONSIDERED TO BE SPECIAL FUNDS HELD IN A FIDUCIARY CAPACITY FOR THE BENEFIT OF THE RESIDENTS OF THE STATE VETERANS HOMES; TO REVISE THE TIME BY WHICH A PERSON WHO OWNS A RESIDENTIAL STRUCTURE IN HANCOCK, HARRISON OR JACKSON COUNTY THAT WAS DESTROYED BY HURRICANE KATRINA AND WAS LOCATED ON PROPERTY THAT DOES NOT MEET THE CURRENT LOCAL REQUIREMENTS FOR THE MINIMUM SIZE OF A LOT FOR A RESIDENTIAL STRUCTURE, MUST HAVE BEGUN CONSTRUCTION ON A NEW RESIDENTIAL STRUCTURE ON THE PROPERTY IN ORDER NOT TO HAVE TO MEET THE CURRENT LOCAL REQUIREMENTS FOR THE MINIMUM SIZE OF A LOT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) During fiscal year 2011, the State Fiscal Officer shall transfer to the Budget Contingency Fund the amounts listed below from the following funds:
AGENCY/FUND FUND NO. AMOUNT
State General Fund 2999 $66,234,878.00
Veterinary Diagnostic
Laboratory Board 3427 4,416.18
Agriculture Aviation 3825 8,944.30
TOTAL $66,248,238.48
(b) During fiscal year 2011, the State Fiscal Officer shall transfer to the State Treasurer the amounts listed below from the following funds:
AGENCY/FUND FUND NO. AMOUNT
Research and Development/
Business Incubator
Revolving Loan Programs 341N, 34MC,
34MN, 34MP $5,000,000.00
Airport/Port Revitalization
Revolving Loan Program 34AV, 34MP 4,800,000.00
TOTAL $9,800,000.00
The State Treasurer shall use the funds transferred to him for the purpose of paying maturing bonds and interest on the full faith and credit bonds of the State of Mississippi falling due during fiscal year 2011.
(2) During fiscal year 2012, the State Fiscal Officer shall transfer to the Budget Contingency Fund the amounts listed below from the following funds:
AGENCY/FUND FUND NO. AMOUNT
State General Fund 2999 $106,544,000.00
Capital Expense Funds 399C 26,500,000.00
Hurricane Disaster Reserve Fund 3755 55,860,000.00
Working Cash-Stabilization
Reserve Fund 3992 95,000,000.00
Department of Insurance 3501 10,000,000.00
DFA - Support 3147 269,185.00
Unclaimed Property Fund 3178 5,500,000.00
Public Service Commission 3811 4,004,222.00
PSC - No Call Telephone
Solicitation 3813 90,247.00
PSC - Public Utilities Staff 3812 1,961,276.00
TOTAL $305,728,930.00
SECTION 2. (1) There is created in the State Treasury a special fund to be known as the "Mississippi Dairy Farm Retention Program Fund," which shall consist of funds from any source designated for deposit into the fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used to help retain dairy farms in Mississippi under any program established for that purpose.
(2) On July 1, 2011, the State Fiscal Officer shall transfer the sum of One Million Four Hundred Thirty-five Thousand Five Hundred Twenty-two Dollars ($1,435,522.00) from the Milk Producers Transportation Cost Assistance Loan Fund created in Section 69-34-1, Fund No. 34AB, to the Mississippi Dairy Farm Retention Program Fund created in subsection (1) of this section.
SECTION 3. Section 5 of Chapter 562, 2010 Regular Session, is amended as follows:
Section 5. * * * Because the federal government has extended the increased Federal Medical Assistance Percentage (FMAP) provided for in the American Recovery and Reinvestment Act of 2009 * * *, the State Fiscal Officer shall transfer to the Budget Contingency Fund during fiscal year 2011, from any funds to the credit of the following agencies, the amounts * * * set forth below * * *:
AGENCY AMOUNT
Governor's Office - Division of Medicaid....... $ 105,044,187.00
Department of Mental Health.................... 8,028,557.00
Department of Rehabilitation Services.......... 1,972,886.00
State Department of Health ................... 996,886.00
University of Mississippi Medical Center....... 6,520,849.00
Total.......................................... $ 122,563,365.00
* * *
SECTION 4. Section 43-13-405, Mississippi Code of 1972, is amended as follows:
43-13-405. (1) In accordance with the purposes of this article, there is established in the State Treasury the Health Care Trust Fund, into which shall be deposited Two Hundred Eighty Million Dollars ($280,000,000.00) of the funds received by the State of Mississippi as a result of the tobacco settlement as of the end of fiscal year 1999, and all tobacco settlement installment payments made in subsequent years for which the use or purpose for expenditure is not restricted by the terms of the settlement, except as otherwise provided in Section 43-13-407(2) and (3) and Section 41-113-11. All income from the investment of the funds in the Health Care Trust Fund shall be credited to the account of the Health Care Trust Fund. The funds in the Health Care Trust Fund at the end of a fiscal year shall not lapse into the State General Fund.
(2) The Health Care Trust Fund shall remain inviolate and shall never be expended, except as provided in this article. The Legislature shall appropriate from the Health Care Trust Fund such sums as are necessary to recoup any funds lost as a result of any of the following actions:
(a) The federal Centers for Medicare and Medicaid Services, or other agency of the federal government, is successful in recouping tobacco settlement funds from the State of Mississippi;
(b) The federal share of funds for the support of the Mississippi Medicaid Program is reduced directly or indirectly as a result of the tobacco settlement;
(c) Federal funding for any other program is reduced as a result of the tobacco settlement; or
(d) Tobacco cessation programs are mandated by the federal government or court order.
(3) This section shall stand repealed on July 1, 2013.
SECTION 5. Section 43-13-407, Mississippi Code of 1972, is amended as follows:
43-13-407. (1) In accordance with the purposes of this article, there is established in the State Treasury the Health Care Expendable Fund, into which shall be transferred from the Health Care Trust Fund the following sums:
(a) In fiscal year 2005, Four Hundred Fifty-six Million Dollars ($456,000,000.00);
(b) In fiscal year 2006, One Hundred Eighty-six Million Dollars ($186,000,000.00);
(c) In fiscal year 2007, One Hundred Eighty-six Million Dollars ($186,000,000.00);
(d) In fiscal year 2008, One Hundred Six Million Dollars ($106,000,000.00);
(e) In fiscal year 2009, Ninety-two Million Two Hundred Fifty Thousand Dollars ($92,250,000.00);
(f) In the fiscal year beginning after the calendar year in which none of the amount of the annual tobacco settlement installment payment will be deposited into the Health Care Expendable Fund as provided in subsection (3)(d) of this section, and in each fiscal year thereafter, a sum equal to the average annual amount of the dividends, interest and other income, including increases in value of the principal, earned on the funds in the Health Care Trust Fund during the preceding four (4) fiscal years.
(2) In any fiscal year in which interest, dividends and other income from the investment of the funds in the Health Care Trust Fund are not sufficient to fund the full amount of the annual transfer into the Health Care Expendable Fund as required in subsection (1)(f) of this section, the State Treasurer shall transfer from tobacco settlement installment payments an amount that is sufficient to fully fund the amount of the annual transfer.
(3) Beginning with calendar year 2009, at the time that the State of Mississippi receives the tobacco settlement installment payment for each calendar year, the State Treasurer shall deposit the following amounts of each of those installment payments into the Health Care Expendable Fund:
(a) In calendar years 2009, 2010 and 2011, the total amount of the installment payment;
(b) In calendar year 2012, the amount of the installment payment less Ten Million Dollars ($10,000,000.00);
(c) In calendar year 2013, the amount of the installment payment less Twenty Million Dollars ($20,000,000.00);
(d) In calendar year 2014, and each calendar year thereafter, the amount of the installment payment to be deposited into the Health Care Expendable Fund shall be reduced by an additional Ten Million Dollars ($10,000,000.00) each calendar year until the calendar year that the amount of the installment payment that otherwise would be deposited into the Health Care Expendable Fund is less than the average annual amount of the dividends, interest and other income, including increases in value of the principal, earned on the funds in the Health Care Trust Fund during the preceding four (4) fiscal years. Beginning with that calendar year and each calendar year thereafter, none of the amount of the installment payment shall be deposited into the Health Care Expendable Fund.
(4) (a) In addition to any other sums required to be transferred from the Health Care Trust Fund to the Health Care Expendable Fund, the sum of One Hundred Twelve Million Dollars ($112,000,000.00) shall be transferred from the Health Care Trust Fund to the Health Care Expendable Fund in fiscal year 2011.
(b) In addition to any other sums required to be transferred from the Health Care Trust Fund to the Health Care Expendable Fund, the sum of Fifty-six Million Two Hundred Sixty-three Thousand Four Hundred Thirty-eight Dollars ($56,263,438.00) shall be transferred from the Health Care Trust Fund to the Health Care Expendable Fund in fiscal year 2012.
(5) If Medicaid expenditures are projected to exceed the amount of funds appropriated to the Division of Medicaid in any fiscal year in excess of the expenditure reductions to providers, funds shall be transferred by the State Fiscal Officer from the Health Care Trust Fund into the Health Care Expendable Fund and then to the Governor's Office, Division of Medicaid, in the amount and at such time as requested by the Governor to reconcile the deficit.
(6) All income from the investment of the funds in the Health Care Expendable Fund shall be credited to the account of the Health Care Expendable Fund. Any funds in the Health Care Expendable Fund at the end of a fiscal year shall not lapse into the State General Fund.
(7) The funds in the Health Care Expendable Fund shall be available for expenditure under specific appropriation by the Legislature beginning in fiscal year 2000, and shall be expended exclusively for health care purposes.
(8) The provisions of subsection (1) of this section may not be changed in any manner except upon amendment to that subsection by a bill enacted by the Legislature with a vote of not less than three-fifths (3/5) of the members of each house present and voting.
(9) Subsections (1), (2), (5), (6) and (7) of this section shall stand repealed on July 1, 2013.
SECTION 6. Section 27-103-213, Mississippi Code of 1972, is amended as follows:
27-103-213. (1) The unencumbered cash balance in the General Fund in the State Treasury at the close of each fiscal year shall be distributed to the Municipal Revolving Fund, the Working Cash-Stabilization Reserve Fund and the Capital Expense Fund in the manner provided in this section.
(2) (a) At the end of each fiscal year, the Director of the Department of Finance and Administration and the State Treasurer shall determine the extent of the unencumbered cash balance existing in the General Fund in the State Treasury.
(b) As used in this section, the term "unencumbered cash balance" or "unencumbered General Fund cash balance" means the amount in the State General Fund after deducting all appropriations and other expenditures. However, if the Legislature has authorized additional or deficit appropriations or transfers from the State General Fund for that fiscal year, those amounts shall be subtracted from the unencumbered cash balance in the General Fund before determining the amount available for distribution. The unencumbered General Fund cash balance shall not be determined until after August 31 of each year, and it shall not be made until the State Treasurer has received a certificate in writing from the Director of the Department of Finance and Administration, with notification to the Legislative Budget Office, showing the amount of the unencumbered General Fund cash balance.
(3) If any unencumbered General Fund cash balance is available for distribution under this section, the distribution of those funds shall be made by the Director of the Department of Finance and Administration in the following order:
(a) To the Municipal Revolving Fund, an amount equal to Seven Hundred Fifty Thousand Dollars ($750,000.00); however, if the amount of the unencumbered General Fund cash balance is less than Seven Hundred Fifty Thousand Dollars ($750,000.00), then the total amount of the unencumbered General Fund cash balance shall be distributed to the Municipal Revolving Fund.
(b) To the Working Cash-Stabilization Reserve Fund, the amount of the unencumbered General Fund cash balance not distributed under paragraph (a) until such time as the balance in the fund reaches Forty Million Dollars ($40,000,000.00).
(c) To remain in the State General Fund, an amount equal to one percent (1%) of the General Fund appropriations for the fiscal year that the unencumbered General Fund cash balance represents; however, if the amount of the unencumbered General Fund cash balance after the distributions are made under paragraphs (a) and (b) is less than one percent (1%) of the General Fund appropriations, then the total amount of the unencumbered General Fund cash balance not distributed under paragraphs (a) and (b) shall remain in the State General Fund. For the purposes of this paragraph (c), the appropriations for the fiscal year shall be the total amount contained in the actual appropriation bills passed by the Legislature.
(d) To the Working Cash-Stabilization Reserve Fund, fifty percent (50%) of the amount of the unencumbered General Fund cash balance after the distributions are made under paragraphs (a), (b) and (c), not to exceed seven and one-half percent (7-1/2%) of the General Fund appropriations for the fiscal year that the unencumbered General Fund cash balance represents. For the purposes of this paragraph (d), the appropriations for the fiscal year shall be the total amount contained in the actual appropriation bills passed by the Legislature.
(e) To the Capital Expense Fund, any remaining amount of the unencumbered General Fund cash balance after the distributions are made under paragraphs (a), (b), (c) and (d).
* * *
SECTION 7. Section 35-1-27, Mississippi Code of 1972, is amended as follows:
35-1-27. The Mississippi Veterans Affairs Board shall determine and set conditions and standards for admission and dismissal of all persons to and from the Mississippi State Veterans Home and such additional homes as may be constructed. In addition, the board shall promulgate such rules and regulations as it deems necessary for the government of the Mississippi State Veterans Home and such additional homes as may be constructed. Such rules and regulations shall include the establishment of rates for patient care within the patient's ability to pay. All funds paid to the board by the veteran residents of state veterans homes to fund their monthly expenses at the state veterans homes shall be considered to be special funds held in a fiduciary capacity for the benefit of the residents of the state veterans homes.
SECTION 8. Chapter 397, Laws of 2006, is amended as follows:
Section 1. Any person who owns a residential structure in Hancock, Harrison or Jackson County that was destroyed by Hurricane Katrina and that was located on property that does not meet the current requirements of the county or municipality in which the property is located for the minimum size of a lot for a residential structure, shall be authorized to have a new residential structure constructed on the property without having to meet the current requirements of the county or municipality for the minimum size of a lot for a residential structure, provided that: (a) the square footage of the new residential structure is not greater than the square footage of the residential structure that was destroyed; (b) the use and purpose of the property will remain the same as it was before Hurricane Katrina; and (c) the construction of the new residential structure is begun before September 1, 2010.
SECTION 9. This act shall take effect and be in force from and after its passage.