SB3048Adopted (AsCOMMITTEE SentAMENDMENT toNO Governor)1 -PROPOSED 2019TO RegularSenate SessionBill MISSISSIPPINo. LEGISLATURE Regular Session To:

Appropriations3048 By:BY:

Senator(s)Committee Clarke,Amend Hopson,by Burton,striking Hill,all Wilemon,after Jacksonthe (11th),enacting Jordanclause Senateand Billinserting 3048in (Aslieu Sentthereof tothe Governor)following: AN ACT MAKING AN APPROPRIATION OF SPECIAL FUNDS FOR THE SUPPORT OF THE STATE DEPARTMENT OF BANKING AND CONSUMER FINANCE FOR FISCAL YEAR 2020.

    SECTION BE1. IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  The following 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,July 1, 2019, and ending June 30, 2020  June $   30, 11,100,079.00.2020.........$ 10,864,000.00.

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

 Of AUTHORIZEDthe POSITIONS:funds appropriated under the provisions of this act, the following positions are authorized:

Permanent:   AUTHORIZED FullPOSITIONS: Time...........

     Permanent: 86 Part Time...........

      Full 0Time............. Time-Limited:

Full86 Time...........19/HR13/SB3048A.J *HR13/SB3048A.J* P(LAR/DW) Part Time.............

       0 PartTime-Limited: Time...........

      Full 0Time.............      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 AnyPart transfersTime............. 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.

    0 NoWith generalthe funds authorizedherein toappropriated, beit expended herein shall be usedthe agency's responsibility to replacemake federalcertain that funds and/orrequired otherto specialbe fundsappropriated whichfor are"Personal beingServices" used for salariesFiscal authorizedYear under2021 thedo provisionsnot ofexceed thisFiscal actYear and2020 whichfunds appropriated for that purpose, unless programs or positions are withdrawnadded andto nothe longeragency's available.Fiscal Year 2020 budget by the Mississippi Legislature.

    Based Noneon ofdata provided by the fundsLegislative hereinBudget appropriatedOffice, shallthe beState usedPersonnel inBoard violationshall ofdetermine Internaland Revenuepublish Service’sthe Publicationprojected 15-Aannual relatingcost to thefully reportingfund ofall incomeappropriated paidpositions toin contractcompliance employees,with as interpreted by the Officeprovisions of thethis Stateact. Auditor.

     SECTION 3.  It isshall be the intentionresponsibility of the Legislatureagency thathead theto Departmentensure ofthat Bankingno andsingle Consumer Finance shall maintain complete accounting and personnel recordsaction relatedincreases to the expenditure of all funds appropriated under this actprojected andannual thatcost suchand/or records shall be in the same format and level of detail as maintained for Fiscal Year 2019. 2020 Itappropriations is further the intention of the Legislature that the agency's budget request for Fiscal"Personal YearServices" 2021when shallannualized, bewith submitted to the Jointexception Legislativeof Budgetescalated Committeefunds in a format and level of detail comparable to the formataward and level of detailbenchmarks. provided during the Fiscal Year 2020 budget request process.

    If, SECTIONat 4. the Ittime is the intentionagency oftakes theany Legislatureaction thatto wheneverchange two"Personal (2)Services," orthe moreState bidsPersonnel areBoard receiveddetermines bythat thisthe agency forhas thetaken purchasean ofaction commoditieswhich orwould equipment,cause andthe wheneveragency allto thingsexceed statedthis inprojected suchannual receivedcost bidsor arethe equalFiscal withYear respect2020 to"Personal price,Services" qualityappropriated andlevel, service,when theannualized, Mississippithen Industriesonly forthose theactions Blindwhich shallreduce bethe givenprojected preference. annual Acost similarand/or preferencethe shallappropriation requirement will be givenprocessed toby the MississippiState IndustriesPersonnel forBoard theuntil Blindsuch whenevertime purchasesas arethe maderequirements withoutof competitivethis bids.provision are met.

    19/HR13/SB3048A.J SECTION*HR13/SB3048A.J* 5. P(LAR/DW) ItAny istransfers theor intentionescalations of the Legislature that the funds herein appropriated shall be expendedmade in complianceaccordance with Sectionthe 27-104-25,terms, Mississippiconditions Codeand ofprocedures 1972,established thatby nolaw state agency shall incur obligations or indebtednessallowable inunder excess of their appropriation and that the responsibleterms officers,set eitherforth personallywithin or upon their official bonds, shall be held responsible for actions contrary to this provision.act.

     SECTION 6.  The moneyState hereinPersonnel appropriatedBoard shall benot paidescalate bypositions thewithout Statewritten Treasurerapproval outfrom of any money in the StateDepartment Treasury to the credit of theFinance properand fundAdministration. or funds as set forth in this act, upon warrants issued by the State Fiscal Officer;

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.

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 19/HR13/SB3048A.J *HR13/SB3048A.J* P(LAR/DW) 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 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.

19/HR13/SB3048A.J *HR13/SB3048A.J* P(LAR/DW)