MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Appropriations
By: Representative Frierson
AN ACT TO AMEND SECTION 2 OF CHAPTER 33, LAWS OF 2011, TO INCREASE THE NUMBER OF AUTHORIZED FULL-TIME PERMANENT POSITIONS FOR THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR FISCAL YEAR 2012; TO AMEND SECTION 3 OF CHAPTER 67, LAWS OF 2011, TO INCREASE THE NUMBER OF AUTHORIZED FULL-TIME PERMANENT POSITIONS FOR THE OFFICE OF PUBLIC SAFETY PLANNING OF THE DEPARTMENT OF PUBLIC SAFETY FOR FISCAL YEAR 2012; TO AMEND SECTION 2 OF CHAPTER 53, LAWS OF 2011, TO INCREASE THE NUMBER OF AUTHORIZED FULL-TIME PERMANENT POSITIONS FOR THE MISSISSIPPI GAMING COMMISSION FOR FISCAL YEAR 2012; TO AMEND CHAPTER 1, LAWS OF 2011, TO INCREASE THE NUMBER OF AUTHORIZED FULL-TIME PERMANENT POSITIONS FOR THE STATE BOARD OF PHARMACY; TO AUTHORIZE THE STATE BOARD OF PHARMACY TO USE A CERTAIN SUM TO PARTIALLY FUND REALIGNMENT AND RECLASSIFICATION OF EXISTING POSITIONS OF THE BOARD; TO INCREASE THE MAXIMUM AMOUNT BY WHICH THE BOARD OF PHARMACY MAY ESCALATE ITS BUDGET AND EXPEND FUNDS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 2 of Chapter 33, Laws of 2011, is amended as follows:
Section 2. Of the funds approved for expenditure under the provisions of Section 1, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 6
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
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 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and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
SECTION 2. Section 3 of Chapter 67, Laws of 2011, is amended as follows:
Section 3. Of the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be provided for purposes of expenditure and authorized positions:
DIVISION OF MISSISSIPPI HIGHWAY SAFETY PATROL
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds........................... $ 45,384,307.00
Special Funds............................ 36,855,581.00
Total.............................. $ 82,239,888.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 996
Part Time........... 0
Time-Limited: Full Time........... 16
Part Time........... 3
DIVISION OF LAW ENFORCEMENT TRAINING ACADEMY
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds........................... $ 430,523.00
Special Funds............................ 1,193,727.00
Total.............................. $ 1,624,250.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 17
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
DIVISION OF SUPPORT SERVICES
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds........................... $ 3,406,953.00
Special Funds............................ 5,176,247.00
Total.............................. $ 8,583,200.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 71
Part Time........... 0
Time-Limited: Full Time........... 1
Part Time........... 0
DIVISION OF CRIME LABORATORIES
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds........................... $ 6,103,928.00
Special Funds............................ 2,579,626.00
Total.............................. $ 8,683,554.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 116
Part Time........... 0
Time-Limited: Full Time........... 12
Part Time........... 0
DIVISION OF MEDICAL EXAMINER
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds........................... $ 536,165.00
Special Funds............................ 241,504.00
Total.............................. $ 777,669.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 16
Part Time........... 0
Time-Limited: Full Time........... 2
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
OFFICE OF PUBLIC SAFETY PLANNING
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds........................... $ 224,570.00
Special Funds............................ 32,733,681.00
Total.............................. $ 32,958,251.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 9
Part Time........... 0
Time-Limited: Full Time........... 36
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
OFFICE OF LAW ENFORCEMENT STANDARDS AND TRAINING
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 2,406,760.00
Total.............................. $ 2,406,760.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 6
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
BOARD OF EMERGENCY TELECOMMUNICATIONS
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 540,994.00
Total.............................. $ 540,994.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 2
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
COUNCIL ON AGING
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 402,661.00
Total.............................. $ 402,661.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 2
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
COUNTY JAIL OFFICER STANDARDS AND TRAINING BOARD
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 362,235.00
Total.............................. $ 362,235.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 1
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
OFFICE OF HOMELAND SECURITY
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds........................... $ 102,649.00
Special Funds............................ 14,620,538.00
Total.............................. $ 14,723,187.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 10
Part Time........... 0
Time-Limited: Full Time........... 5
Part Time........... 0
BUREAU OF NARCOTICS
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds........................... $ 10,098,844.00
Special Funds............................ 3,055,258.00
Total.............................. $ 13,154,102.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 162
Part Time........... 0
Time-Limited: Full Time........... 20
Part Time........... 0
JUVENILE FACILITY MONITORING UNIT
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds........................... $ 74,503.00
Special Funds............................ 246,444.00
Total.............................. $ 320,947.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited: Full Time........... 3
Part Time........... 0
With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2013 do not exceed Fiscal Year 2012 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2012 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 2012 appropriations for "Personal Services" when annualized, with the exception of escalated funds. 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 2012 "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 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.
SECTION 3. Section 2 of Chapter 53, Laws of 2011, is amended as follows:
Section 2. Of the funds appropriated under the provisions of this act, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 132
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2013 do not exceed Fiscal Year 2012 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2012 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 2012 appropriations for "Personal Services" when annualized, with the exception of escalated funds. 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 2012 "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 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.
SECTION 4. Chapter 1, Laws of 2011, is amended as follows:
Section 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Mississippi State Board of Pharmacy, for the purpose of defraying the expenses incurred by said board for the fiscal year beginning July 1, 2011, and ending June 30, 2012 $ 1,822,745.00.
Section 2. Of the funds appropriated under the provisions of this act, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 14
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2013 do not exceed Fiscal Year 2012 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2012 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 2012 appropriations for "Personal Services" when annualized, with the exception of escalated funds. 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 2012 "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 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.
Section 3. Of the funds appropriated under the provisions of this act, Ninety Thousand Four Hundred Sixty-five Dollars ($90,465.00) may be used to partially fund realignment and reclassification of existing positions of the Board of Pharmacy, notwithstanding any other provision of this act.
Section 4. It is the intention of the Legislature that the Board of Pharmacy shall have the authority to escalate its budget and expend funds from any source not to exceed Seven Hundred Thousand Dollars ($700,000.00) in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
Section 5. 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 6. It is the intention of the Legislature that the agency shall compile cell phone usage records of any cellular phone (wireless communication device) that is assigned, issued or made available to any officer or employee in accordance with Section 25-53-191, Mississippi Code of 1972, and these records shall be made publicly available at the expense of the agency.
Section 7. It is legislative intent to ensure beneficial information reaches as many Mississippians as possible. Further, it is legislative intent that the expenditure of public funds for this purpose be accomplished in an efficient and effective manner.
Therefore, state agencies as standard procedure will observe the following criteria:
(a) Develop goals and desired result for a campaign.
(b) Evaluate effectiveness through respected advertising standards, including market reach and cost effectiveness.
(c) Seek public service announcements, which would be aired by media without cost.
(d) Itemize and justify professional assistance and related expenses for creative and production costs outside of the actual media expenditures.
(e) Utilize Mississippi-owned media companies when feasible.
Section 8. Of the funds provided within this act, no former employee who is receiving State of Mississippi retirement benefits shall be hired under contract for an amount exceeding Twenty Thousand Dollars ($20,000.00) a year without prior approval by an agency's proper governing board or authority. Upon approval of such contracts a written report shall be submitted detailing the cost and need of contract services to the Chairmen and members of the Senate and House Appropriation Committees.
Section 9. 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; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.
SECTION 5. This act shall take effect and be in force from and after its passage.