SB3048House (AsAmendments Sent to Governor)Senate -Bill 2019No. Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Appropriations3048 By:TO THE SECRETARY OF THE SENATE:

Senator(s)THIS Clarke,IS Hopson,TO Burton,INFORM Hill,YOU Wilemon,THAT JacksonTHE (11th),HOUSE JordanHAS SenateADOPTED Bill 3048 (As Sent to Governor) AN ACT MAKING AN APPROPRIATION OF SPECIAL FUNDS FOR THE SUPPORTAMENDMENTS OFSET THEOUT STATEBELOW: DEPARTMENT OF BANKING AND CONSUMER FINANCE FOR FISCAL YEAR 2020.

    AMENDMENT BENO. IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION1 1. Amend Theby followingstriking sumall ofafter money, or so much thereof as may be necessary, is hereby appropriated out of any money in the Stateenacting Treasuryclause to the credit of the State Department of Banking and Consumerinserting Finance,in forlieu thethereof support of the Statefollowing: Department of Banking and Consumer Finance, for the fiscal year beginning July 1, 2019, and ending June 30, 2020   $    11,100,079.00.

SECTION 2. 1. Of the funds appropriated under the provisions of this act, the following positions are authorized:

 The AUTHORIZEDfollowing POSITIONS:sum of money, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the State Department of Banking and Consumer Finance, for the support of the State Department of Banking and Consumer Finance, for the fiscal year beginning July 1, 2019, and ending June 30, 2020.........$ 10,864,000.00.

Permanent:   SECTION Full2. Time...........

     Of 86the Partfunds Time...........appropriated under the provisions of this act, the following positions are authorized:

      AUTHORIZED 0POSITIONS: Time-Limited:

FullPermanent: Time...........

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

      86 0Part     Time............. With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2021 do not exceed Fiscal Year 2020 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2020 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 2020 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of benchmarks.  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 2020 "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.

    0 AnyTime-Limited: 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.

    Full NoTime............. 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.

    0 NonePart ofTime............. the funds herein appropriated shall be used in violation of Internal Revenue Service’s Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.

    0 SECTIONWith 3.  It is the intentionfunds ofherein theappropriated, Legislatureit that the Department of Banking and Consumer Finance shall maintainbe completethe accountingagency's andresponsibility personnel records related to themake expenditurecertain ofthat all funds appropriatedrequired underto this act and that such records shall be inappropriated thefor same"Personal formatServices" and level of detail as maintained for Fiscal Year 2019. 2021 Itdo isnot furtherexceed the intention of the Legislature that the agency's budget request for Fiscal Year 20212020 shallfunds beappropriated submittedfor tothat thepurpose, JointPAGE Legislative13048 Budgetunless Committeeprograms inor apositions formatare andadded level of detail comparable to the formatagency's and level of detail provided during the Fiscal Year 2020 budget requestby process.the Mississippi Legislature.

    Based SECTIONon 4. data Itprovided isby the intentionLegislative ofBudget Office, the LegislatureState thatPersonnel wheneverBoard twoshall (2)determine orand morepublish bids are received by this agency for the purchaseprojected ofannual commoditiescost orto equipment,fully andfund whenever all thingsappropriated statedpositions in suchcompliance received bids are equal with respect to price, quality and service, the Mississippiprovisions Industriesof forthis theact. 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 5.  It isshall be the intentionresponsibility of the Legislatureagency thathead theto fundsensure hereinthat appropriatedno shallsingle bepersonnel expendedaction inincreases compliancethis withprojected Sectionannual 27-104-25,cost Mississippiand/or Codethe ofFiscal 1972,Year that2020 noappropriations statefor agency"Personal shallServices" incurwhen obligationsannualized, orwith indebtednessthe inexception excess of theirescalated appropriationfunds and that the responsibleaward officers,of eitherbenchmarks. personally or upon their official bonds, shall be held responsible for actions contrary to this provision.

    If, SECTIONat 6. the Thetime moneythe hereinagency appropriatedtakes shallany beaction paidto bychange "Personal Services," the State TreasurerPersonnel outBoard ofdetermines anythat moneythe inagency thehas Statetaken Treasuryan toaction thewhich creditwould ofcause the properagency fundto exceed this projected annual cost or fundsthe asFiscal setYear forth2020 in"Personal thisServices" act,appropriated uponlevel, warrantswhen issuedannualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State FiscalPersonnel Officer;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 PAGE 23048 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.

None of the funds herein appropriated shall be used in violation of Internal Revenue Service’s Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.

SECTION 3.

It is the intention of the Legislature that the Department of Banking and Consumer Finance 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 2019.

It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2021 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 2020 budget request process.

SECTION 4.

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 PAGE 33048 the Mississippi Industries for the Blind whenever purchases are made without competitive bids.

SECTION 5.

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 6.

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;

     SECTION 7. 7. This act shall take effect and be in force from and after July 1, 2019.

This act shall take effect and be in force from and after July 1, 2019, and shall stand repealed June 30, 2019.

HR13\SB3048A.J Andrew Ketchings Clerk of the House of Representatives PAGE 43048