Senate Bill 2864

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI NATIONAL GUARD FOR FISCAL YEAR 2014.

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, for the purpose of defraying the general expenses of the operation of the Mississippi National Guard for the fiscal year beginning July 1, 2013, and ending June 30, 2014 $ 7,456,137.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated to the Mississippi National Guard, out of any money in the State Treasury to the credit of the Camp Shelby Timber Fund No. 3700, as created by Chapter 187, Laws of 1954, as amended; the Army National Guard Programs Fund No. 3701; the Camp Shelby Base Operations Fund No. 3705; and the Air National Guard Programs Fund No. 3709, for the purpose of carrying out the provisions of applicable statutes and federal/state agreements for the fiscal year beginning July 1, 2013, and ending June 30, 2014.............. $ 103,844,156.00.

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

AUTHORIZED POSITIONS:

Permanent: Full Time.......... 894

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

Time-Limited: Full Time.......... 40

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

Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law.

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and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.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 agency's budget request for Fiscal Year 2015 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 2014 budget request process.

SECTION 5. All funds authorized to be expended herein shall be expended and otherwise accounted for in accordance with the provisions of Section 27-103-1 et seq., Mississippi Code of 1972. If not needed for other purposes, the Adjutant General is hereby expressly authorized to invest any part of or all monies herein appropriated out of the Camp Shelby Timber Fund at the highest rate of interest obtainable and credit interest accruing on such investments to the respective fund. Such monies may be invested in any short-term bonds, notes or other direct obligations of the United States of America or the State of Mississippi or any county or municipality of this state, which said county or municipal bonds have been approved by a reputable bonds attorney or have been validated by a decree of the court, and in any event the said bonds, notes or obligations in which such funds are invested shall mature or be redeemable prior to the time the funds so invested will be needed for the refund or refunds herein provided for.

SECTION 6. The acceptance and expenditure of federal funds which may become available for the purpose of defraying the expenses of the Mississippi National Guard is hereby authorized and approved, provided such expenditures are reported and otherwise handled in accordance with the state budget law, same being Section 27-103-1 et seq., Mississippi Code of 1972.

SECTION 7. The acceptance and expenditure of federal funds which may become available to the Mississippi National Guard for construction purposes is hereby authorized and approved, provided such receipts and expenditures are reported and otherwise handled in accordance with the state budget law, same being Section 27-103-1 et seq., Mississippi Code of 1972.

SECTION 8. Of the funds appropriated in Section 1, One Million Nine Hundred Sixty Thousand Six Hundred Eighty-six Dollars ($1,960,686.00) shall be provided for the support of the Youth Challenge Program at Camp Shelby.

SECTION 9. Of the funds provided under the provisions of this act, Four Hundred Sixty-three Thousand Seven Hundred Eighty-two Dollars ($463,782.00) is provided for the Armed Forces Military Museum located at Camp Shelby.

SECTION 10. It is the intention of the Legislature that the Mississippi Military Department shall have the authority to receive, budget and expend funds from any source that may become available to the Department in the Camp Shelby Base Operations Fund-No. 3705, and the Camp Shelby Timber Fund-No. 3700, in an amount not to exceed Ten Million Dollars ($10,000,000.00) 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 11. Of the funds appropriated to be expended in this act, no General Funds shall be used to reimburse members and personnel of the Mississippi National Guard for the costs associated with attending authorized training. Any expenditure of funds for the purpose of compensation of such personnel and members for per diems and travel expenses shall be expended from any federal funds which are made available to the Mississippi National Guard for ancillary purposes.

SECTION 12. Of the funds provided under the provisions of this act, an amount not to exceed Three Hundred Thousand Dollars ($300,000.00) is provided for the Sonny Montgomery Center for America's Veterans at Mississippi State University.

SECTION 13. Of the funds provided in Sections 1 and 2, Ten Thousand Dollars ($10,000.00) is provided for the purchase of uniforms for the Youth Challenge Program staff.

SECTION 14. Of the funds appropriated in Section 1, Seven Thousand Five Hundred Dollars ($7,500.00) is provided for the purpose of the Mississippi National Guard to purchase American flags for persons who died on or after July 1, 2013, while they were members of the Mississippi National Guard, and for former members of the Mississippi National Guard who died after honorable discharged from the Mississippi National Guard.

In order to receive the flag authorized under this section for a deceased member, the funeral home in charge of funeral arrangements for the deceased member may contact the Mississippi National Guard. The Mississippi National Guard shall validate the member's service and provide the funeral home with an American flag for use in the funeral of deceased member and for presentation to the survivors of the deceased member.

SECTION 15. It is the intention of the Legislature that the Military Department shall have the authority to accept, budget and expend funds received from any source in an amount not to exceed Twenty Million Dollars ($20,000,000.00) 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 16. 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 17. It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.

SECTION 18. 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 19. This act shall take effect and be in force from and after July 1, 2013.