MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Appropriations

By: Representative Read

House Bill 1059

AN ACT TO AMEND SECTION 27-104-203, MISSISSIPPI CODE OF 1972, TO ALLOW STATE AGENCIES TO CHARGE EACH OTHER FOR SERVICES IF MISSISSIPPI MANAGEMENT AND REPORTING SYSTEMS (MMRS) STATEWIDE APPLICATION CHARGES OR UTILITIES ARE INVOLVED; TO AMEND SECTION 27-104-205, MISSISSIPPI CODE OF 1972, TO DELETE THE DEPARTMENT OF FINANCE AND ADMINISTRATION FROM THE AGENCIES THAT ARE REQUIRED TO BE FUNDED FROM APPROPRIATIONS FROM THE STATE GENERAL FUND; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 27-104-203, Mississippi Code of 1972, is amended as follows:

     27-104-203.  From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent, audit fee, personnel fee or other charge for services or resources received.  The provisions of this section shall not apply (a) to grants, contracts, pass-through funds, project fees or other charges for services between state agencies and the Board of Trustees of State Institutions of Higher Learning, any public university, the Mississippi Community College Board, any public community or junior college, and the State Department of Education, nor (b) to charges for services between the Board of Trustees of State Institutions of Higher Learning, any public university, the Mississippi Community College Board, any public community or junior college, and the State Department of Education, nor (c) to federal grants, pass-through funds, cost allocation charges, surplus property charges, Mississippi Management and Reporting Systems (MMRS) statewide application charges, utilities, or project fees between state agencies as approved or determined by the State Fiscal Officer.  The Board of Trustees of State Institutions of Higher Learning, any public university, the Mississippi Community College Board, any public community or junior college, and the State Department of Education shall retain the authority to charge and be charged for expenditures that they deemed nonrecurring in nature by the State Fiscal Officer.

     SECTION 2.  Section 27-104-205, Mississippi Code of 1972, is amended as follows:

     27-104-205.  (1)  From and after July 1, 2016, the expenses of the following enumerated state agencies shall be defrayed by appropriation of the Legislature from the State General Fund:  the State Fire Marshal, the State Fire Academy, the Office of Secretary of State (not including the Preneed Contracts Loss Recovery Fund), the Mississippi Public Service Commission, the Mississippi Department of Information Technology Services, the State Personnel Board, the Mississippi Department of Insurance (not including the Municipal Fire Protection Fund, Section 83-1-37, the County Volunteer Fire Department Fund, Section 83-1-39, and the Mississippi Propane Education and Research Fund, Section 75-57-119), the Mississippi Law Enforcement Officers' Minimum Standards Board * * *;, the Mississippi Gaming Commission; the Mississippi Oil and Gas Board * * *;, the Mississippi Department of Revenue - License Tag * * *;, the Office of the State Public Defender * * *;, the Mississippi Workers' Compensation Commission (not including the Second Injury Trust Fund) * * *; and the Office of Attorney General * * *; and the Mississippi Department of Finance and Administration (not including the Statewide Cost Allocation Plan, the Office of Surplus Property and the Office of Insurance).  Beginning July 1, 2016, any fees, assessments or other revenues charged for the support of the above-named state agencies shall be deposited into the State General Fund, and any special fund or depository established within the State Treasury for the deposit of such fees, assessments or revenues shall be abolished and the balance transferred to the State General Fund.  Expenses heretofore drawn from such special funds or other depositories shall be drawn from the agencies General Fund Account.

     (2)  Beginning with the fiscal year ending June 30, 2016, the amount to be appropriated annually from the State General Fund for the support of each of the above-named state agencies shall not exceed the amount appropriated for such purpose in the preceding fiscal year, plus any increases in or additional fees, assessments or other charges authorized by act of the Legislature for the succeeding fiscal year.

     (3)  The provisions of this section shall not apply to any trust fund account that is maintained by any above-named agency.

     (4)  The provisions of this section shall not prohibit any of the above-named agencies from maintaining clearing accounts in approved depositories.

     (5)  The provisions of this section shall not apply to any trust fund accounts maintained by the Public Employees' Retirement System and protected under Section 272A of the Mississippi Constitution of 1890.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2018.