Bill Text: MS HB1054 | 2011 | Regular Session | Enrolled


Bill Title: State funds; provide for various transfers of.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2011-06-01 - Part Veto Null Per AG Opinion [HB1054 Detail]

Download: Mississippi-2011-HB1054-Enrolled.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Appropriations

By: Representatives Stringer, Dedeaux

House Bill 1054

(As Sent to Governor)

AN ACT TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER CERTAIN AMOUNTS TO THE BUDGET CONTINGENCY FUND FROM THE STATE GENERAL FUND AND CERTAIN SPECIAL FUNDS DURING FISCAL YEARS 2011 AND 2012; TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER CERTAIN AMOUNTS TO THE STATE TREASURER FROM CERTAIN LOAN PROGRAM FUNDS DURING FISCAL YEAR 2011; TO PROVIDE THAT THE STATE TREASURER SHALL USE THOSE FUNDS TO PAY DEBT SERVICE ON STATE GENERAL OBLIGATION BONDS FALLING DUE DURING FISCAL YEAR 2011; TO AUTHORIZE THE CLERK OF THE HOUSE OF REPRESENTATIVES OR THE SECRETARY OF THE SENATE TO SUBMIT ANNUAL REQUESTS TO THE STATE FISCAL OFFICER FOR THE FUNDS NECESSARY TO PAY CERTAIN LEGISLATIVE-RELATED EXPENSES; TO PROVIDE THAT THE STATE FISCAL OFFICER SHALL TRANSFER TO THE LEGISLATURE THE AMOUNT OR AMOUNTS AS REQUESTED FROM A SPECIAL FUND OF THE SECRETARY OF STATE'S OFFICE; TO AMEND SECTION 5 OF CHAPTER 562, 2010 REGULAR SESSION, TO REVISE THE AMOUNTS THAT THE STATE FISCAL OFFICER IS REQUIRED TO TRANSFER TO THE GOVERNOR'S OFFICE-DIVISION OF MEDICAID SPECIAL FUND DURING FISCAL YEAR 2011 FROM FUNDS TO THE CREDIT OF CERTAIN AGENCIES, WHICH WAS CONTINGENT UPON THE FEDERAL GOVERNMENT EXTENDING THE INCREASED FEDERAL MEDICAL ASSISTANCE PERCENTAGE (FMAP) PROVIDED FOR IN THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009; TO DELETE THE PROVISION FOR THE STATE FISCAL OFFICER TO TRANSFER SPECIFIED SUMS TO CERTAIN AGENCIES AND FUNDS FROM THE AMOUNT THAT WAS TRANSFERRED TO THE BUDGET CONTINGENCY FUND; TO AMEND SECTION 43-13-405, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE TREASURER MAY NOT TRANSFER OWNERSHIP OF THE ASSETS IN THE RMK SELECT TIMBERLAND 1 PORTFOLIO OF THE HEALTH CARE TRUST FUND TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM UNTIL A TRANSFER EQUAL TO THE MONETARY VALUE OF THE ASSETS IN THE PORTFOLIO IS MADE BY THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM INTO THE HEALTH CARE TRUST FUND; TO EXTEND THE DATE OF THE REPEALER ON THE HEALTH CARE TRUST FUND; TO AMEND SECTION 43-13-407, MISSISSIPPI CODE OF 1972, TO TRANSFER A CERTAIN SUM FROM THE HEALTH CARE TRUST FUND TO THE HEALTH CARE EXPENDABLE FUND DURING FISCAL YEAR 2012; TO AUTHORIZE THE STATE TREASURER TO BORROW FUNDS TO OFFSET ANY TEMPORARY CASH FLOW DEFICIENCIES IN THE HEALTH CARE EXPENDABLE FUND FROM ANY STATE-SOURCE SPECIAL FUNDS IN THE STATE TREASURY IN AMOUNTS THAT CAN BE REPAID FROM THE HEALTH CARE EXPENDABLE FUND DURING THE FISCAL YEAR IN WHICH THE FUNDS ARE BORROWED; TO DIRECT THE STATE TREASURER TO TRANSFER A CERTAIN SUM FROM THE HEALTH CARE EXPENDABLE FUND TO THE HEALTH CARE TRUST FUND DURING FISCAL YEAR 2012; TO EXTEND THE DATE OF THE REPEALER ON THAT SECTION; TO AMEND SECTION 27-103-213, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DISTRIBUTION OF THE UNENCUMBERED CASH BALANCE IN THE STATE GENERAL FUND AT THE END OF EACH FISCAL YEAR; TO AMEND SECTION 35-1-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE FUNDS PAID TO THE STATE BOARD OF VETERANS AFFAIRS BY THE VETERAN RESIDENTS OF STATE VETERANS HOMES TO FUND THEIR MONTHLY EXPENSES AT THE STATE VETERANS HOMES SHALL BE CONSIDERED TO BE SPECIAL FUNDS HELD IN A FIDUCIARY CAPACITY FOR THE BENEFIT OF THE RESIDENTS OF THE STATE VETERANS HOMES; TO REVISE THE TIME BY WHICH A PERSON WHO OWNS A RESIDENTIAL STRUCTURE IN HANCOCK, HARRISON OR JACKSON COUNTY THAT WAS DESTROYED BY HURRICANE KATRINA AND WAS LOCATED ON PROPERTY THAT DOES NOT MEET THE CURRENT LOCAL REQUIREMENTS FOR THE MINIMUM SIZE OF A LOT FOR A RESIDENTIAL STRUCTURE, MUST HAVE BEGUN CONSTRUCTION ON A NEW RESIDENTIAL STRUCTURE ON THE PROPERTY IN ORDER NOT TO HAVE TO MEET THE CURRENT LOCAL REQUIREMENTS FOR THE MINIMUM SIZE OF A LOT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  (a)  During fiscal year 2011, the State Fiscal Officer shall transfer to the Budget Contingency Fund the amounts listed below from the following funds:

     AGENCY/FUND                  FUND NO.           AMOUNT

State General Fund                  2999        $52,734,878.00

Veterinary Diagnostic

     Laboratory Board               3427             4,416.18

Agriculture Aviation                3825             8,944.30

Boswell Regional Center-

     Water System Renovations            3931             54,111.31

TOTAL                                           $52,802,349.79

          (b)  During fiscal year 2011, the State Fiscal Officer shall transfer to the State Treasurer the amounts listed below from the following funds:

     AGENCY/FUND                  FUND NO.           AMOUNT

Research and Development/

     Business Incubator

     Revolving Loan Programs     341N, 34MC,

                                 34MN, 34MP     $5,405,057.00

Airport/Port Revitalization

     Revolving Loan Program      34AV, 34MP       4,812,684.00

Milk Producers Transportation

     Cost Assistance Loan

     Program                     34AB             1,435,522.00

Moon Lake State Park 2003        346F             2,901,095.00

TOTAL                                           $14,554,358.00

     The State Treasurer shall use the funds transferred to him for the purpose of paying maturing bonds and interest on the full faith and credit bonds of the State of Mississippi falling due during fiscal year 2012.

     (2)  During fiscal year 2012, the State Fiscal Officer shall transfer to the Budget Contingency Fund the amounts listed below from the following funds:

     AGENCY/FUND                  FUND NO.            AMOUNT

State General Fund                  2999        $126,873,000.00

Capital Expense Funds               399C          26,500,000.00

Hurricane Disaster Reserve Fund     3755          27,861,195.00

Working Cash-Stabilization

     Reserve Fund                   3992          87,987,385.00

Department of Insurance             3501          10,000,000.00

DFA - Support                       3147             269,185.00

Unclaimed Property Fund             3178           5,500,000.00

Public Service Commission           3811           4,004,222.00

PSC - No Call Telephone

     Solicitation                   3813             90,247.00

PSC - Public Utilities Staff        3812           1,961,276.00

TOTAL                                           $291,046,510.00

     SECTION 2.  On or before July 1 of each fiscal year, or at such other times as necessary, the Clerk of the House of Representatives or the Secretary of the Senate ("the Legislature") shall submit a request to the State Fiscal Officer for the funds necessary to pay (a) the expenses of the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, (b) the state's share of various assessments from legislative-related organizations, and (c) any other legislative-related expenses.  The State Fiscal Officer shall transfer to the Legislature the amount or amounts as requested by the Legislature from the Secretary of State's Fund No. 3111.  The State Fiscal Officer shall transfer such obligated funds in a timely manner as determined by the Legislature.  The Legislature is authorized to escalate the appropriate budgets during the fiscal year by the respective amounts transferred and to expend those sums for the purposes authorized by law.

     SECTION 3.  Section 5 of Chapter 562, 2010 Regular Session, is amended as follows:

     Section 5.  * * * Because the federal government has extended the increased Federal Medical Assistance Percentage (FMAP) provided for in the American Recovery and Reinvestment Act of 2009 * * *, the State Fiscal Officer shall transfer to the Governor's Office-Division of Medicaid special fund, Fund No. 3328, during fiscal year 2011, from any funds to the credit of the following agencies, the amounts * * * set forth below * * *:

          AGENCY                                       AMOUNT

 * * *

Department of Mental Health....................    $8,028,557.00

Department of Rehabilitation Services..........     1,707,660.00

State Department of Health.....................       959,891.00

University of Mississippi Medical Center.......     5,349,446.00

Total..........................................   $16,045,554.00

 * * *

     The Governor's Office-Division of Medicaid is authorized to escalate its budget and expend funds during fiscal year 2011 by the amount transferred in this section.

     SECTION 4.  Section 43-13-405, Mississippi Code of 1972, as amended by Senate Bill No. 2439, 2011 Regular Session, is amended as follows:

     43-13-405.  (1)  In accordance with the purposes of this article, there is established in the State Treasury the Health Care Trust Fund, into which shall be deposited Two Hundred Eighty Million Dollars ($280,000,000.00) of the funds received by the State of Mississippi as a result of the tobacco settlement as of the end of fiscal year 1999, and all tobacco settlement installment payments made in subsequent years for which the use or purpose for expenditure is not restricted by the terms of the settlement, except as otherwise provided in Section 43-13-407(2) and (3) and Section 41-113-11.  All income from the investment of the funds in the Health Care Trust Fund shall be credited to the account of the Health Care Trust Fund.  The funds in the Health Care Trust Fund at the end of a fiscal year shall not lapse into the State General Fund.

     (2)  The Health Care Trust Fund shall remain inviolate and shall never be expended, except as provided in this article.  The Legislature shall appropriate from the Health Care Trust Fund such sums as are necessary to recoup any funds lost as a result of any of the following actions:

          (a)  The federal Centers for Medicare and Medicaid Services, or other agency of the federal government, is successful in recouping tobacco settlement funds from the State of Mississippi;

          (b)  The federal share of funds for the support of the Mississippi Medicaid Program is reduced directly or indirectly as a result of the tobacco settlement;

          (c)  Federal funding for any other program is reduced as a result of the tobacco settlement; or

          (d)  Tobacco cessation programs are mandated by the federal government or court order.

     (3)  The State Treasurer may transfer ownership of all assets in the RMK Select Timberland 1 Portfolio of the Health Care Trust Fund to the Public Employees' Retirement System to be credited to the Public Employees' Retirement System employer's accumulation account.  However, in no instance shall the State Treasurer make this transfer until a transfer equal to the monetary value of the assets in the RMK Select Timberland 1 Portfolio of the Health Care Trust Fund is made by the Public Employees' Retirement System into the Health Care Trust Fund.

     (4)  This section shall stand repealed on July 1, 2013.

     SECTION 5.  Section 43-13-407, Mississippi Code of 1972, is amended as follows:

     43-13-407.  (1)  In accordance with the purposes of this article, there is established in the State Treasury the Health Care Expendable Fund, into which shall be transferred from the Health Care Trust Fund the following sums:

          (a)  In fiscal year 2005, Four Hundred Fifty-six Million Dollars ($456,000,000.00);

          (b)  In fiscal year 2006, One Hundred Eighty-six Million Dollars ($186,000,000.00);

          (c)  In fiscal year 2007, One Hundred Eighty-six Million Dollars ($186,000,000.00);

          (d)  In fiscal year 2008, One Hundred Six Million Dollars ($106,000,000.00);

          (e)  In fiscal year 2009, Ninety-two Million Two Hundred Fifty Thousand Dollars ($92,250,000.00);

          (f)  In the fiscal year beginning after the calendar year in which none of the amount of the annual tobacco settlement installment payment will be deposited into the Health Care Expendable Fund as provided in subsection (3)(d) of this section, and in each fiscal year thereafter, a sum equal to the average annual amount of the dividends, interest and other income, including increases in value of the principal, earned on the funds in the Health Care Trust Fund during the preceding four (4) fiscal years.

     (2)  In any fiscal year in which interest, dividends and other income from the investment of the funds in the Health Care Trust Fund are not sufficient to fund the full amount of the annual transfer into the Health Care Expendable Fund as required in subsection (1)(f) of this section, the State Treasurer shall transfer from tobacco settlement installment payments an amount that is sufficient to fully fund the amount of the annual transfer.

     (3)  Beginning with calendar year 2009, at the time that the State of Mississippi receives the tobacco settlement installment payment for each calendar year, the State Treasurer shall deposit the following amounts of each of those installment payments into the Health Care Expendable Fund:

          (a)  In calendar years 2009 and 2010, the total amount of the installment payment;

          (b)  In calendar year 2011, the amount of the installment payment less Ten Million Dollars ($10,000,000.00);

          (c)  In calendar year 2012, the total amount of the installment payment;

          (d)  In calendar year 2013, and each calendar year thereafter, the amount of the installment payment to be deposited into the Health Care Expendable Fund shall be reduced by an additional Ten Million Dollars ($10,000,000.00) each calendar year until the calendar year that the amount of the installment payment that otherwise would be deposited into the Health Care Expendable Fund is less than the average annual amount of the dividends, interest and other income, including increases in value of the principal, earned on the funds in the Health Care Trust Fund during the preceding four (4) fiscal years.  Beginning with that calendar year and each calendar year thereafter, none of the amount of the installment payment shall be deposited into the Health Care Expendable Fund.

     (4)  (a)  In addition to any other sums required to be transferred from the Health Care Trust Fund to the Health Care Expendable Fund, the sum of One Hundred Twelve Million Dollars ($112,000,000.00) shall be transferred from the Health Care Trust Fund to the Health Care Expendable Fund in fiscal year 2011.

          (b)  In addition to any other sums required to be transferred from the Health Care Trust Fund to the Health Care Expendable Fund, the sum of Fifty-six Million Two Hundred Sixty-three Thousand Four Hundred Thirty-eight Dollars ($56,263,438.00) shall be transferred from the Health Care Trust Fund to the Health Care Expendable Fund during fiscal year 2012.

     (5)  If Medicaid expenditures are projected to exceed the amount of funds appropriated to the Division of Medicaid in any fiscal year in excess of the expenditure reductions to providers, funds shall be transferred by the State Fiscal Officer from the Health Care Trust Fund into the Health Care Expendable Fund and then to the Governor's Office, Division of Medicaid, in the amount and at such time as requested by the Governor to reconcile the deficit.

     (6)  All income from the investment of the funds in the Health Care Expendable Fund shall be credited to the account of the Health Care Expendable Fund.  Any funds in the Health Care Expendable Fund at the end of a fiscal year shall not lapse into the State General Fund.

     (7)  The funds in the Health Care Expendable Fund shall be available for expenditure under specific appropriation by the Legislature beginning in fiscal year 2000, and shall be expended exclusively for health care purposes.

     (8)  The provisions of subsection (1) of this section may not be changed in any manner except upon amendment to that subsection by a bill enacted by the Legislature with a vote of not less than three-fifths (3/5) of the members of each house present and voting.

     (9)  If the State Treasurer, in consultation with the Executive Director of the Department of Finance and Administration, determines that there is a need to borrow funds to offset any temporary cash flow deficiencies in the Health Care Expendable Fund created in this section, the Treasurer may borrow those funds from any state-source special funds in the State Treasury in amounts that can be repaid from the Health Care Expendable Fund during the fiscal year in which the funds are borrowed.  The State Treasurer shall immediately notify the Legislative Budget Office and the Department of Finance and Administration of each transfer into and out of the Health Care Expendable Fund.

     (10)  No later than September 30, 2011, the State Treasurer shall transfer from the Health Care Expendable Fund to the Health Care Trust Fund an amount equivalent to the unencumbered ending cash balance of the Health Care Expendable Fund as of June 30, 2011, less Three Million Eight Hundred Forty Thousand Dollars ($3,840,000.00).

     (11)  Subsections (1), (2), (5), (6) and (7) of this section shall stand repealed on July 1, 2013.

     SECTION 6.  Section 27-103-213, Mississippi Code of 1972, is amended as follows:

     27-103-213.  (1)  The unencumbered cash balance in the General Fund in the State Treasury at the close of each fiscal year shall be distributed to the Municipal Revolving Fund, the Working Cash-Stabilization Reserve Fund and the Capital Expense Fund in the manner provided in this section.

     (2)  (a)  At the end of each fiscal year, the Director of the Department of Finance and Administration and the State Treasurer shall determine the extent of the unencumbered cash balance existing in the General Fund in the State Treasury. 

          (b)  As used in this section, the term "unencumbered cash balance" or "unencumbered General Fund cash balance" means the amount in the State General Fund after deducting all appropriations and other expenditures.  However, if the Legislature has authorized additional or deficit appropriations or transfers from the State General Fund for that fiscal year, those amounts shall be subtracted from the unencumbered cash balance in the General Fund before determining the amount available for distribution.  The unencumbered General Fund cash balance shall not be determined until after August 31 of each year, and it shall not be made until the State Treasurer has received a certificate in writing from the Director of the Department of Finance and Administration, with notification to the Legislative Budget Office, showing the amount of the unencumbered General Fund cash balance.

     (3)  If any unencumbered General Fund cash balance is available for distribution under this section, the distribution of those funds shall be made by the Director of the Department of Finance and Administration in the following order:

          (a)  To the Municipal Revolving Fund, an amount equal to Seven Hundred Fifty Thousand Dollars ($750,000.00); however, if the amount of the unencumbered General Fund cash balance is less than Seven Hundred Fifty Thousand Dollars ($750,000.00), then the total amount of the unencumbered General Fund cash balance shall be distributed to the Municipal Revolving Fund.

          (b)  To the Working Cash-Stabilization Reserve Fund, the amount of the unencumbered General Fund cash balance not distributed under paragraph (a) until such time as the balance in the fund reaches Forty Million Dollars ($40,000,000.00).

          (c)  To remain in the State General Fund, an amount equal to one percent (1%) of the General Fund appropriations for the fiscal year that the unencumbered General Fund cash balance represents; however, if the amount of the unencumbered General Fund cash balance after the distributions are made under paragraphs (a) and (b) is less than one percent (1%) of the General Fund appropriations, then the total amount of the unencumbered General Fund cash balance not distributed under paragraphs (a) and (b) shall remain in the State General Fund.  For the purposes of this paragraph (c), the appropriations for the fiscal year shall be the total amount contained in the actual appropriation bills passed by the Legislature.

          (d)  To the Working Cash-Stabilization Reserve Fund, fifty percent (50%) of the amount of the unencumbered General Fund cash balance after the distributions are made under paragraphs (a), (b) and (c), not to exceed seven and one-half percent (7-1/2%) of the General Fund appropriations for the fiscal year that the unencumbered General Fund cash balance represents.  For the purposes of this paragraph (d), the appropriations for the fiscal year shall be the total amount contained in the actual appropriation bills passed by the Legislature.

          (e)  To the Capital Expense Fund, any remaining amount of the unencumbered General Fund cash balance after the distributions are made under paragraphs (a), (b), (c) and (d).

 * * *

     SECTION 7.  Section 35-1-27, Mississippi Code of 1972, is amended as follows:

     35-1-27.  The Mississippi Veterans Affairs Board shall determine and set conditions and standards for admission and dismissal of all persons to and from the Mississippi State Veterans Home and such additional homes as may be constructed.  In addition, the board shall promulgate such rules and regulations as it deems necessary for the government of the Mississippi State Veterans Home and such additional homes as may be constructed. Such rules and regulations shall include the establishment of rates for patient care within the patient's ability to pay.  All funds paid to the board by the veteran residents of state veterans homes to fund their monthly expenses at the state veterans homes shall be considered to be special funds held in a fiduciary capacity for the benefit of the residents of the state veterans homes.

     SECTION 8.  The Veterans Affairs Board, in accordance with applicable rules and regulations of the State Fiscal Officer, is authorized to escalate the total number of full time and part time time-limited positions to not more that two hundred two (202) positions above the total number of time-limited positions that are authorized in House Bill No. 3047, 2011 Regular Session.

     SECTION 9.  Chapter 397, Laws of 2006, is amended as follows:

     Section 1.  Any person who owns a residential structure in Hancock, Harrison or Jackson County that was destroyed by Hurricane Katrina and that was located on property that does not meet the current requirements of the county or municipality in which the property is located for the minimum size of a lot for a residential structure, shall be authorized to have a new residential structure constructed on the property without having to meet the current requirements of the county or municipality for the minimum size of a lot for a residential structure, provided that:  (a) the square footage of the new residential structure is not greater than the square footage of the residential structure that was destroyed; (b) the use and purpose of the property will remain the same as it was before Hurricane Katrina; and (c) the construction of the new residential structure is begun before September 1, 2010.

     SECTION 10.  This act shall take effect and be in force from and after its passage.


feedback