HB1688Senate (AsAmendments Passedto theHouse House)Bill -No. 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Appropriations1688 By:TO THE CLERK OF THE HOUSE:

RepresentativesTHIS Read,IS Oliver,TO Cockerham,INFORM Hale,YOU Haney,THAT Huddleston, Jackson, Ladner, Young House Bill 1688 (As Passed the House) AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATESENATE TREASURYHAS FORADOPTED THE PURPOSEAMENDMENTS OFSET DEFRAYINGOUT THEBELOW: EXPENSES OF THE MISSISSIPPI BOARD OF NURSING FOR THE FISCAL YEAR 2021.

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

SECTION1 1. Amend Theby followingstriking sum,all orafter sothe muchenacting thereofclause asand mayinserting be necessary, is appropriated out of any money in thelieu specialthereof fund in the Statefollowing: Treasury to the credit of the Mississippi Board of Nursing, for the purpose of defraying the expenses of the board for the fiscal year beginning July 1, 2020, and ending June 30, 2021 $     4,457,697.00.

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

 The AUTHORIZEDfollowing POSITIONS:sum, or so much thereof as may be necessary, is appropriated out of any money in the special fund in the State Treasury to the credit of the Mississippi Board of Nursing, for the purpose of defraying the expenses of the board for the fiscal year beginning July 1, 2020, and ending June 30, 2021..................................$ 4,167,947.00.

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

     Of 29the Partfunds Time............appropriated under the provisions of Section 1, 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.

    29 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.

SECTION0 3. Part OfTime............. the funds provided for herein, One Million Five Hundred Sixty Thousand Dollars ($1,560,000.00) shall be provided for the Office of Nursing Workforce (ONW).  In accordance with Section 73-15-18(1), Mississippi Code of 1972, the Mississippi Board of Nursing is designated as the state agency responsible for the administration and supervision of the Nursing Workforce Program as an educational curriculum.  The mission of the Office of Nursing Workforce is to carry out the scope of service and leadership tasks required of the profession by promoting a strong educational infrastructure between nursing practice and nursing education.

    0 SECTIONWith 4.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, PAGE 11688 unless programs or positions are added to the agency's Fiscal Year 2021 budget by the Mississippi Legislature.

 OfBased theon fundsdata provided underby the provisionsLegislative ofBudget thisOffice, act,the anState amountPersonnel notBoard toshall exceeddetermine Oneand Hundredpublish Fivethe Thousandprojected Dollarsannual ($105,000.00)cost may be allocated to thefully Mississippifund Boardall ofappropriated Pharmacypositions toin defraycompliance with the expensesprovisions of thethis Mississippiact. Prescription Monitoring Program.

     SECTION 5.  It isshall be the intentionresponsibility of the Legislatureagency thathead theto Mississippiensure Boardthat ofno Nursingsingle 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 2020. 2021 Itappropriations is further the intention of the Legislature that the agency's budget request for Fiscal"Personal YearServices" 2022when 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 2021 budget request process.

    If, SECTIONat 6. 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 respect2021 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.

    Any SECTIONtransfers 7. or Itescalations is the intention 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 8.  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 PAGE 21688 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.

Of the funds provided for herein, One Million Five Hundred Sixty Thousand Dollars ($1,560,000.00) shall be provided for the Office of Nursing Workforce (ONW).

In accordance with Section 73-15-18(1), Mississippi Code of 1972, the Mississippi Board of Nursing is designated as the state agency responsible for the administration and supervision of the Nursing Workforce Program as an educational curriculum.

The mission of the Office of Nursing Workforce is to carry out the scope of service and leadership tasks required of the profession by promoting a strong educational infrastructure between nursing practice and nursing education.

SECTION 4.

Of the funds provided under the provisions of this act, an amount not to exceed One Hundred Five Thousand Dollars ($105,000.00) may be allocated to the Mississippi Board of Pharmacy to defray the expenses of the Mississippi Prescription Monitoring Program.

PAGE 31688 SECTION 5.

It is the intention of the Legislature that the Mississippi Board of Nursing 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 6.

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 7.

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.

PAGE 41688 SECTION 8.