MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Appropriations

By: Representative Baker

House Bill 657

AN ACT TO AMEND SECTIONS 27-103-113 AND 27-104-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT APPROPRIATIONS BILLS SHALL CONTAIN LUMP-SUM AMOUNTS AND SHALL NOT DIVIDE APPROPRIATIONS BY MAJOR OBJECT OF EXPENDITURE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 27-103-113, Mississippi Code of 1972, is amended as follows:

     27-103-113.  It shall be the duty of the Legislative Budget Office to prepare an overall balanced budget of the entire expenses and income of the state for each fiscal year, which budget shall encompass the operations of all general-fund agencies and all special-fund agencies and the Mississippi Department of Transportation and the Office of State Aid Road Construction of the Mississippi Department of Transportation.  Beginning with the 1996 fiscal year, such budget shall be prepared in a format that will include performance measurement data associated with the various programs operated by each agency.  The overall budget shall be completed prior to December 15 before the convening of the Legislature at the regular session.  Beginning with the 2013 fiscal year, appropriations bills shall be prepared in a format that contains appropriations from the State General Fund or from special funds in lump-sum amounts, and does not divide the total funds appropriated by major objects of expenditure.

     SECTION 2.  Section 27-104-17, Mississippi Code of 1972, is amended as follows:

     27-104-17.  (1)  An allotment period shall be one-half (1/2) of twelve (12) months, and expenditure one-half (1/2) of the appropriated amount, unless otherwise specified in the appropriation bill or justified by the agency to the Department of Finance and Administration, and the first allotment period shall begin on July 1.  Estimates shall be filed with the Department of Finance and Administration not later than the first day of the month preceding the beginning period.

      * * * The Department of Finance and Administration may, in its discretion, restrict an agency to a monthly allotment period when it becomes evident that an agency's rate of expenditure to date indicates this restriction will be necessary to prevent depletion of its appropriation before the close of the fiscal year or when the condition of the State General Fund requires monthly monitoring and control of the rate of General Fund expenditures.

 * * *

     (2)  * * * No state agency shall 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 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 employees or the emergency appointment of nurses, pharmacists or other health care professionals at a salary to be determined by the State Personnel Board. * * *

     (3)  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 those contracts, a written report shall be submitted detailing the cost and need for those contract services to the Chairmen and members of the Senate and House Appropriations Committees.

     SECTION 3.  This act shall take effect and be in force from and after its passage.