SB 2779 — Mississippi Department of Information Technology Services (MDITS); authorize to charge state agencies for certain services.

SB2779 (As SentPassed tothe Governor)Senate) - 2018 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Clarke Senate Bill 2779 (As SentPassed tothe Governor)Senate) AN ACT TO AMEND SECTION 27-104-203, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES (MDITS) TO CHARGE STATE AGENCIES PASS-THROUGH COSTS FOR TELECOMMUNICATIONS, DATA CENTER SERVICES AND/OR OTHER INFORMATION TECHNOLOGY SERVICES TO THE AGENCIES USING THOSE SERVICES ON AN AS-NEEDED BASIS;

TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO CHARGE STATE AGENCIES FOR MISSISSIPPI MANAGEMENT AND REPORTING SYSTEMS (MMRS) STATEWIDE APPLICATION CHARGES AND UTILITY CHARGES IF FEDERAL GRANTS, SPECIAL FUNDS OR PASS-THROUGH FUNDS ARE INVOLVED;

TO AMEND SECTIONS 25-53-5, 25-53-29 AND 25-53-151, MISSISSIPPI CODE OF 1972, TOIN CONFORMCONFORMITY; TO THE PRECEDING PROVISIONS;

     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 or project fees between state agencies as approved or determined by the State Fiscal Officer, nor (d) telecommunications, data center services, and/or other information technology services that are used on an as-needed basis and those costs shall be passed through to the using agency,agency.  nor (e) to federal grants, special funds, or pass-through funds, available for payment by state agencies to the Department of Finance and Administration related to Mississippi Management and Reporting Systems (MMRS) Statewide Application charges and utilities 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.

     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,Services (not including the Mississippi Department of Information Technology Services Revolving Fund), 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 * * *;,Board; the Mississippi Gaming Commission;

the Mississippi OilGaming andCommission; 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 OfficeMississippi ofOil Attorneyand General * * *;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);

the Office of Attorney General;

 * * *      (7)  From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.

     (8)  From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

 * * *      (6)  From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.

     (7)  From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.