SB2968House (AsAmendments Passedto theSenate Senate)Bill -No. 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Appropriations2968 By:TO THE SECRETARY OF THE SENATE:

Senator(s)THIS Hopson,IS Wiggins,TO Polk,INFORM Blackwell,YOU Frazier,THAT JohnsonTHE SenateHOUSE BillHAS 2968ADOPTED (As Passed the Senate) AN ACT MAKING AN APPROPRIATION OF SPECIAL FUNDS FOR THE SUPPORTAMENDMENTS OFSET THEOUT STATEBELOW: DEPARTMENT OF BANKING AND CONSUMER FINANCE FOR FISCAL YEAR 2021.

    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, 2020, and ending June 30, 2021  $    9,876,445.00.

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, 2020, and ending June 30, 2021.........$ 10,563,043.00.

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

     Of 82the Partfunds Time............appropriated under the provisions of this act, the following positions are authorized:

      AUTHORIZED 0POSITIONS: Time-Limited:  Full Time............

      Permanent: 0 Part 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 2022 do not exceed Fiscal Year 2021 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2021 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 2021 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 "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.

    82 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 NoTime-Limited: 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.

    Full NoneTime............. 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.

    0 SECTIONPart 3. Time............. 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 2020.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2022 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 2021 budget request process.

    0 SECTIONWith 4.  It is the intentionfunds ofherein theappropriated, Legislatureit thatshall wheneverbe two (2) or more bids are received by this agency for the purchaseagency's ofresponsibility commoditiesto ormake equipment,certain andthat wheneverfunds allrequired thingsto statedbe inappropriated suchfor received"Personal bidsServices" arefor equalFiscal withYear respect2022 todo price,not qualityexceed andFiscal service,Year the2021 Mississippifunds Industriesappropriated for thethat Blindpurpose, shallPAGE be12968 givenunless preference. programs Aor similarpositions preferenceare shalladded be given to the Mississippiagency's IndustriesFiscal forYear the2021 Blindbudget wheneverby purchasesthe areMississippi madeLegislature. without competitive bids.

    Based SECTIONon 5. data Itprovided isby the intentionLegislative ofBudget theOffice, Legislature that the fundsState hereinPersonnel appropriatedBoard shall bedetermine expendedand inpublish compliancethe withprojected Sectionannual 27-104-25,cost Mississippito Codefully offund 1972,all thatappropriated nopositions state agency shall incur obligations or indebtedness in excesscompliance ofwith their appropriation and that the responsibleprovisions officers,of either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.act.

    It SECTIONshall 6. be Thethe moneyresponsibility hereinof appropriatedthe shallagency behead paidto byensure thethat Stateno Treasurersingle outpersonnel ofaction anyincreases moneythis inprojected theannual Statecost Treasuryand/or to the creditFiscal ofYear the2021 properappropriations fundfor or"Personal fundsServices" aswhen setannualized, forthwith inthe thisexception act,of uponescalated warrantsfunds issuedand by the Stateaward Fiscalof Officer;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 2021 "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.

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 22968 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 2020.

It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2022 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 2021 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 32968 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, 2020, and shall stand repealed from and after June 30, 2020.

This act shall take effect and be in force from and after July 1, 2020, and shall stand repealed from and after June 30, 2020.

HR13\SB2968A.J Andrew Ketchings Clerk of the House of Representatives PAGE 42968