Bill Text: MS SB2117 | 2019 | Regular Session | Introduced
Bill Title: Office of Public Safety Planning of the Mississippi Department of Public Safety; transfer to DFA.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [SB2117 Detail]
Download: Mississippi-2019-SB2117-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Appropriations
By: Senator(s) Hill
Senate Bill 2117
AN ACT TO TRANSFER THE OFFICE OF PUBLIC SAFETY PLANNING OF THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY TO THE MISSISSIPPI DEPARTMENT OF FINANCE AND ADMINISTRATION; TO AMEND SECTIONS 45-1-2 AND 27-104-3, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Office of Public Safety Planning of the Mississippi Department of Finance and Administration is hereby established, and shall retain all powers and duties granted by law to the former Office of Public Safety Planning in the Mississippi Department of Public Safety. The Executive Director of the Department of Finance and Administration shall administer the programs of the Office of Public Safety Planning and may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the programs transferred to the department under this act.
(2) On July 1, 2019, all duties, responsibilities, authority, power, assets, liabilities, contractual rights and obligations and property rights, whether accruing or vesting in the transferred agency before or after July 1, 2019, are vested in the Mississippi Department of Finance and Administration. All employees of the transferred agencies or division of agencies holding positions on July 1, 2019, shall be employees of the Department of Finance and Administration, and the Executive Director of the Mississippi Department of Finance and Administration shall be authorized to combine or abolish employee positions as necessary to carry out the provisions of this act and reorganize such offices, services, programs or other activities so as to achieve economy and efficiency if the Executive Director finds such action to be in the public interest.
(3) The term "Office of Public Safety Planning" in any law or regulation shall mean the Office of Public Safety Planning in the Department of Finance and Administration.
SECTION 2. Section 45-1-2, Mississippi Code of 1972, is amended as follows:
45-1-2. (1) The Executive Director of the Department of Public Safety shall be the Commissioner of Public Safety.
(2) The Commissioner of Public Safety shall establish the organizational structure of the Department of Public Safety, which shall include the creation of any units necessary to implement the duties assigned to the department and consistent with specific requirements of law including, but not limited to:
(a) * * * [Deleted]
(b) Office of Medical Examiner;
(c) Office of Mississippi Highway Safety Patrol;
(d) Office of Forensics Laboratories;
(e) Office of Law Enforcement Officers' Training Academy;
(f) Office of Support Services;
(g) Office of Narcotics, which shall be known as the Bureau of Narcotics; and
(h) Office of Homeland Security.
(3) The department shall be headed by a commissioner, who shall be appointed by and serve at the pleasure of the Governor. The appointment of the commissioner shall be made with the advice and consent of the Senate. The commissioner may assign to the appropriate offices such powers and duties as deemed appropriate to carry out the department's lawful functions.
(4) The commissioner of the department shall appoint heads of offices, who shall serve at the pleasure of the commissioner. The commissioner shall have the authority to organize the offices established by subsection (2) of this section as deemed appropriate to carry out the responsibilities of the department. The organization charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.
(5) The commissioner of the department shall appoint, from within the Department of Public Safety, a statewide safety training officer who shall serve at the pleasure of the commissioner and whose duty it shall be to perform public training for both law enforcement and private persons throughout the state concerning proper emergency response to the mentally ill, terroristic threats or acts, domestic conflict, other conflict resolution, and such other matters as the commissioner may direct.
SECTION 3. Section 27-104-3, Mississippi Code of 1972, is amended as follows:
27-104-3. In addition to other powers and duties prescribed by statute, the Department of Finance and Administration shall have the following powers and duties, with regard to fiscal management:
(a) Provide direct technical assistance and training to state agencies and departments in implementing generally accepted accounting principles, in preparing financial statements as required by law, and in management and executive development.
(b) Provide temporary administrative services in financial accounting and public administration to any state agency, department or institution upon request of the governing board of the state agency, department or institution.
(c) Prepare and issue a comprehensive reference manual or manuals of policies and procedures for each state agency and department to use, which may include chapters on purchasing, personnel, payroll, travel, chart of accounts, fund classifications, receipts, warrants, expenditures, fixed assets, property inventory, and maintaining financial records and preparing financial reports as required and prescribed by law. The manual shall be revised on a continuing basis. The manual shall be prepared and revised in consultation with the State Auditor's office.
(d) Provide assistance to any state agency, department or institution in collecting a fee or other valid obligation that another agency, department or institution has failed to pay to it. For purposes of this paragraph, the agency, department or institution seeking to collect the funds shall be referred to as the "creditor agency," and the agency, department or institution that has not paid the creditor agency shall be referred to as the "delinquent agency." A valid obligation may be evidenced by an invoice or any other documentation as may be required by the Department of Finance and Administration, hereinafter referred to as the department. A creditor agency may request assistance from the department, and the department may require the creditor agency to furnish detailed information regarding the obligation. Upon determining that the delinquent agency owes the creditor agency a specific amount, the State Fiscal Officer shall pay to the creditor agency that amount out of any funds in the State Treasury to the credit of the delinquent agency. The State Fiscal Officer shall notify the creditor agency and the delinquent agency of the total amount of funds transferred. Either agency may appeal the transfer of funds or the failure to transfer funds, under rules and regulations promulgated by the department and approved by the Office of the State Auditor. The Department of Finance and Administration shall report any actions taken under this paragraph (d) to the Chairmen of the Appropriations Committees of the House of Representatives and the Senate on a quarterly basis.
(e) To issue a request for an ACA-compliant health insurance policy, or policies, to offer health insurance coverage to the full-time equivalent employees not otherwise eligible to participate in the State and School Employees' Health Insurance Plan; and to issue a request for administrative support in order to meet reporting requirements under Internal Revenue Code Section 6056 and to comply with the Patient Protection and Affordable Care Act of 2010.
(f) To administer an Office of Public Safety Planning as provided in Section 1 of this act.
SECTION 4. This act shall take effect and be in force from and after July 1, 2019.
