MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Appropriations

By: Representatives Ward, Gibbs, Eaton, Frierson, Hamilton (109th), Malone, Martinson, Middleton, Warren, Weathersby

House Bill 1503

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE STATE SOIL AND WATER CONSERVATION COMMISSION FOR THE FISCAL YEAR 2012.

     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 the State Soil and Water Conservation Commission for the purpose of defraying the administrative expenses of the commission and carrying out the provisions of Section 69-27-1 et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2011, and ending June 30, 2012........................ $       784,535.00.

SECTION 2.  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 State Soil and Water Conservation Commission which is comprised of special source funds collected by or otherwise available to the commission, for the purpose of defraying the expenses of the commission for the fiscal year beginning July 1, 2011, and ending June 30, 2012..................................................

............................................ $     5,231,188.00.

SECTION 3.  Of the funds appropriated under the provisions of this act, the following positions are authorized:

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........       13

Part Time...........        0

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

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 2013 do not exceed Fiscal Year 2012 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2012 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 ensure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2012 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 2012 "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 4.  It is the intention of the Legislature that the State Soil and Water Conservation Commission 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 2011.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2013 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 2012 budget request process.

     SECTION 5.  The State Soil and Water Conservation Commission is hereby authorized to retain all funds generated from the sale of equipment.  Any funds made available from the sale of equipment shall be deposited into the special fund in the State Treasury to the credit of the Soil and Water Conservation Commission and shall be used solely for the purpose of purchasing equipment.

     SECTION 6.  The State Soil and Water Conservation Commission is hereby authorized to receive, budget and expend any proceeds derived from the sale of bonds authorized in Section 69-27-331 et seq., Mississippi Code of 1972.  All expenditures shall be in accordance with conditions provided in Section 69-27-331 et seq., Mississippi Code of 1972.

     SECTION 7.  It is the intention of the Legislature that the Soil and Water Conservation Commission shall have the authority to escalate its budget and expend funds from any source not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

     SECTION 8.  Of the funds appropriated in Section 1, it is the intention of the Legislature that an amount not to exceed Sixty-five Thousand Dollars ($65,000.00) be used for the purpose of funding a Beaver Control Cost Share program.  The Mississippi Soil and Water Conservation Commission shall promulgate rules and regulations for the establishment and operation of the program on a fund matching basis with the county unit of government.  Funds not expended or encumbered in a county may be transferred to another county during the fiscal year.  Only those funds specifically appropriated for the Beaver Control Cost Share program shall be used in any such program.

     SECTION 9.  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 10.  It is the intention of the Legislature that the agency shall compile cell phone usage records of any cellular phone (wireless communication device) that is assigned, issued or made available to any officer or employee in accordance with Section 25-53-191, Mississippi Code of 1972, and these records shall be made publicly available at the expense of the agency.

     SECTION 11.  It is legislative intent to ensure beneficial information reaches as many Mississippians as possible.  Further, it is legislative intent that the expenditure of public funds for this purpose be accomplished in an efficient and effective manner.

     Therefore, state agencies as standard procedure will observe the following criteria:

          (a)  Develop goals and desired result for a campaign.

          (b)  Evaluate effectiveness through respected advertising standards, including market reach and cost effectiveness.

          (c)  Seek public service announcements, which would be aired by media without cost.

          (d)  Itemize and justify professional assistance and related expenses for creative and production costs outside of the actual media expenditures.

          (e)  Utilize Mississippi-owned media companies when feasible.

     SECTION 12.  No former employee who is receiving State of Mississippi retirement benefits shall be hired under contract for an amount exceeding Twenty Thousand Dollars ($20,000.00) a year without prior approval by an agency’s proper governing board or authority.  Upon approval of such contracts, a written report shall be submitted detailing the cost and need of such contract services to the Chairmen and members of the Senate and House Appropriations Committees.

     SECTION 13.  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 14.  This act shall take effect and be in force from and after July 1, 2011.