Bill Text: MS SB2444 | 2023 | Regular Session | Enrolled
Bill Title: ARPA programs; revise provisions related to certain programs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-04-14 - Approved by Governor [SB2444 Detail]
Download: Mississippi-2023-SB2444-Enrolled.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Appropriations
By: Senator(s) Hopson
Senate Bill 2444
(As Sent to Governor)
AN ACT TO AMEND SECTION 49-2-131, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISION OF LAW GOVERNING THE MISSISSIPPI MUNICIPALITY AND COUNTY WATER INFRASTRUCTURE GRANT PROGRAM; TO AMEND SECTION 41-3-16.1, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISION OF LAW GOVERNING THE ARPA RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM; TO AMEND SECTION 57-123-11, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISION OF LAW GOVERNING THE MISSISSIPPI MAIN STREET ASSOCIATION; TO AMEND SECTION 45-2-41, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISION OF LAW GOVERNING THE MISSISSIPPI LAW ENFORCEMENT AND FIRE FIGHTERS PREMIUM PAY PROGRAM; TO AMEND SECTION 25-3-25, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISION CONCERNING A SHERIFF'S ABILITY TO RECEIVE PREMIUM PAY AS PART OF THE SHERIFF'S COMPENSATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-2-131, Mississippi Code of 1972, is amended as follows:
49-2-131. (1) This section shall be known and may be cited as the "Mississippi Municipality and County Water Infrastructure Grant Program Act of 2022."
(2) There is hereby established
within the Mississippi Department of Environmental Quality the Mississippi Municipality
and County Water Infrastructure (MCWI) Grant Program under which municipalities,
counties and certain public utilities not regulated by the Public Service Commission
may apply until February 1, 2023, for reimbursable grants to make necessary
investments in water, wastewater, and stormwater infrastructure to be funded by
the Legislature utilizing Coronavirus State Fiscal Recovery Funds made available
under the federal American Rescue Plan Act of 2021 (ARPA). Such grants shall be
made available to municipalities and counties to be matched with the Coronavirus
Local Fiscal Recovery Funds awarded or to be awarded to them under ARPA on a one-to-one
matching basis. Coronavirus Local Fiscal Recovery Funds that a county transfers
to a municipality or that a county or municipality transfers to a public utility
not regulated by the Public Service Commission are eligible on a one-to-one matching
basis. Municipalities that received less than One Million Dollars ($1,000,000.00)
in the total allocation of Coronavirus Local Fiscal Recovery Funds are eligible
for a two-to-one match only on the Coronavirus Local Fiscal Recovery Funds awarded
or to be awarded to them under ARPA. * * * The Mississippi
Department of Environmental Quality shall only accept two (2) rounds of submissions
under the Mississippi Municipality and County Water Infrastructure (MCWI) Grant
Program. The second round of submissions shall be the final round. The dollar
amount for professional fees that can be allocated as a part of a county's, municipality's
or public utility's matching share is not to exceed four percent (4%) of the total
project cost.
(3) For purposes of this section, unless the context requires otherwise, the following terms shall have the meanings ascribed herein:
(a) "MCWI Grant Program" means the Mississippi Municipality and County Water Infrastructure Grant Program.
(b) "ARPA" means the federal American Rescue Plan Act of 2021, Public Law 117-2, which amends Title VI of the Social Security Act.
(c) "State Recovery Funds" means Coronavirus State Fiscal Recovery Funds awarded through Section 602 of Title VI of the Social Security Act amended by Section 9901 of the federal American Rescue Plan Act of 2021, Public Law 117-2.
(d) "Local Recovery Funds" means Coronavirus Local Fiscal Recovery Funds awarded through Section 603 of Title VI of the Social Security Act amended by Section 9901 of the federal American Rescue Plan Act of 2021, Public Law 117-2.
(e) "Department" means the Department of Environmental Quality.
(f) "Professional fees" means fees for the services of attorneys and engineering, surveying, and environmental studies.
(g) "Project" means the infrastructure improvements defined in an application that (i) complies with all requirements of ARPA, and (ii) is eligible for a grant award under this section.
(4) (a) On or before July 1, 2022, the Department of Environmental Quality shall promulgate rules and regulations necessary to administer the MCWI Grant Program prescribed under this section, including application procedures and deadlines. The department is exempt from compliance with the Mississippi Administrative Procedures Law in fulfilling the requirements of this section.
(b) The Department of Health shall advise the Mississippi Department of Environmental Quality regarding all such rules and regulations as related to the federal Safe Drinking Water Act.
(5) Funding under the MCWI Grant Program shall be allocated to projects certified by the Mississippi Department of Environmental Quality as eligible for federal funding, including, but not be limited to, the following:
(a) Construction of publicly owned treatment works;
(b) Projects pursuant to the implementation of a nonpoint source pollution management program established under the Clean Water Act (CWA);
(c) Decentralized wastewater treatment systems that treat municipal wastewater or domestic sewage;
(d) Management and treatment of stormwater or subsurface drainage water;
(e) Water conservation, efficiency, or reuse measures;
(f) Development and implementation of a conservation and management plan under the CWA;
(g) Watershed projects meeting the criteria set forth in the CWA;
(h) Energy consumption reduction for publicly owned treatment works;
(i) Reuse or recycling of wastewater, stormwater, or subsurface drainage water;
(j) Facilities to improve drinking water quality;
(k) Transmission and distribution, including improvements of water pressure or prevention of contamination in infrastructure and lead service line replacements;
(l) New sources to replace contaminated drinking water or increase drought resilience, including aquifer storage and recovery system for water storage;
(m) Storage of drinking water, such as to prevent contaminants or equalize water demands;
(n) Purchase of water systems and interconnection of systems;
(o) New community water systems;
(p) Culvert repair, resizing, and removal, replacement of storm sewers, and additional types of stormwater infrastructure;
(q) Dam and reservoir rehabilitation, if the primary purpose of dam or reservoir is for drinking water supply and project is necessary for the provision of drinking water;
(r) Broad set of lead remediation projects eligible under EPA grant programs authorized by the Water Infrastructure Improvements for the Nation (WIIN) Act; and
(s) Any eligible drinking water, wastewater or stormwater project through ARPA guidelines, guidance, rules, regulations and other criteria, as may be amended from time to time, by the United States Department of the Treasury.
(6) The governing authority of a municipality, county or public utility that is not regulated by the Public Service Commission may submit an application for grant funds under this section if the applicant is an operator-member of Mississippi 811, Inc., as defined in Section 77-13-3. Applicants shall certify to the department that each expenditure of the funds awarded to them under this section is in compliance with ARPA guidelines, guidance, rules, regulations and other criteria, as may be amended from time to time, by the United States Department of the Treasury regarding the use of monies from the State Coronavirus State Fiscal Recovery Funds. Subsequent submissions will be due by the dates established by the department.
(7) An application for a grant under this section shall be submitted at such time, be in such form, and contain such information as the department prescribes. Each application for grant funds shall include the following at a minimum: (a) applicant contact information; (b) project description and type of project; (c) project map; (d) estimate of population affected by the project; (e) disadvantaged community criteria (population, median household income, unemployment, current water/sewer rates); (f) estimated project cost; (g) list of match funds of direct Coronavirus Local Fiscal Recovery Funds received and to be received from the federal government, a certification that such funds have been or will be used for the project detailed in the application, and documentation of commitment; (h) estimated project schedule and readiness to proceed; (i) engineering services agreement; (j) engineering reports; and (k) information about status of obtaining any required permits.
(8) The department must apply a system for use in ranking the grant applications received, unless the Legislature funds all eligible grant requests under the program. When applying the ranking system, the department shall apply a greater weight to projects that have approved engineering/design, plans and permits if the department has deemed the project is ready to begin construction within six (6) months. Projects that are included on the municipal or county engineer's approved list and provide applicable supporting documentation shall receive additional consideration awarded to the application. The ranking system shall include the following factors, at a minimum: (a) the environmental impact of the proposed project; (b) the proposed project's ability to address noncompliance with state/federal requirements; (c) the extent to which the project promotes economic development; (d) the number of people served by the project and the number of communities the project serves; (e) impacts of the proposed project on disadvantaged/overburdened communities; (f) the grant applicant's prior efforts to secure funding to address the proposed project's objectives; (g) the grant applicant's proposed contribution of other funds or in-kind cost-sharing to the proposed project; (h) the grant applicant's long-term plans for the financial and physical operation and maintenance of the project; (i) the grant applicant's capacity to initiate construction in a timely manner and complete the proposed project by the deadline specified by the United States Department of Treasury rules for ARPA funds; (j) the extent to which the project benefits multiple political subdivisions in a regional manner; (k) the project's ability to enhance public service infrastructure, including transportation and emergency access; and (l) any other factors as determined by the department.
(9) The grant program shall include a specific emphasis on addressing the needs of an economically disadvantaged community, including providing safe, reliable drinking water in areas that lack infrastructure, providing sewage treatment capacity in unsewered areas and providing regional development of infrastructure to serve multiple communities.
(10) Applications shall be reviewed
and scored as they are received, unless the Legislature funds all eligible
grant requests under the program. The Mississippi Department of Environmental
Quality shall certify whether each project submitted is a "necessary investment"
in water, wastewater, or stormwater infrastructure as defined in the American Rescue
Plan Act and all applicable guidance issued by the United States Department of the
Treasury. The Department of Environmental Quality shall review the lists of recommended
water infrastructure projects and issue its list of recommended projects to the
Mississippi Department of Health for its advice. Grant agreements shall be executed
between the recipient and the Mississippi Department of Environmental Quality.
All final awards shall be determined at the discretion of the executive director
of the department. Any funds awarded to the City of Jackson under this section
shall be deposited in the Capital City Water/Sewer Projects Fund of the State Treasury.
Funds shall be obligated to a grantee upon the execution of a grant agreement between
the department and the approved applicant. Funds shall be made available to a grantee
when the department obtains the necessary support for reimbursement. The department
is authorized to conduct additional rounds of grants as needed; however, in the
first round no more than forty percent (40%) of the total funds appropriated for
each grant program may be awarded by the department, and the remaining funds may
be awarded in the * * * final round which shall occur no later than
six (6) months from the previous round. To ensure equitable treatment between the
categories of projects, no less than twenty percent (20%) awarded under this section
shall be allocated to each of the three (3) categories of drinking water projects,
wastewater projects and stormwater projects. In * * * the final round,
any funds not requested may be allocated to any category.
(11) Grant funds shall be used prospectively; however, grant funds may be used to reimburse expenses incurred before the enactment of this program if the costs are adequately documented and comply with applicable ARPA guidelines. An applicant must agree to obtain all necessary state and federal permits and follow all state bidding and contracting laws and fiscally sound practices in the administration of the funds.
(b) The use of funds allocated under this program shall be subject to audit by the United States Department of the Treasury's Office of Inspector General and the Mississippi Office of the State Auditor. Each person receiving funds under these programs found to be fully or partially noncompliant with the requirements in this section shall return to the state all or a portion of the funds received.
(13) The department shall submit to the Lieutenant Governor, Speaker of the House, House and Senate Appropriations Chairmen, and the Legislative Budget Office quarterly reports and annual reports that are due by the dates established in the Compliance and Reporting Guidance by the United States Department of Treasury. The reports shall contain the applications received, the score of the applications, the amount of grant funds awarded to each applicant, the amount of grant funds expended by each applicant, and status of each applicant's project. The score of the applications is not required if the award was provided in the final round of grants and the Legislature provided the total amount of funds for all eligible grant requests.
(14) Grant funds shall be available under this section through December 31, 2026, or on the date of the fund expenditure deadline provided by the federal government, whichever occurs later. Each grant recipient shall certify for any project for which a grant is awarded that if the project is not completed by December 31, 2026, and the United States Congress does not enact an extension of the deadline on the availability of ARPA funds, then the grant recipient will complete the project through other funds.
(15) The Mississippi Department of Environmental Quality may retain an amount not to exceed five percent (5%) of the total funds allocated to the program to defray administrative costs.
(16) The department shall be exempt from provisions of the Public Procurement Review Board for any requirements of personal or professional service contracts or the pre-approval of the solicitation for such contracts used in the execution of its responsibilities under this section. This subsection shall stand repealed on January 1, 2026.
(17) The provisions of this section shall stand repealed on January 1, 2027.
SECTION 2. Section 41-3-16.1, Mississippi Code of 1972, is amended as follows:
41-3-16.1. (1) (a) The State Department of Health (department) shall establish a grant program to be known as the ARPA Rural Water Associations Infrastructure Grant Program (program) to assist rural water associations and entities in the construction of eligible drinking water infrastructure projects as provided in the Final Rule for the Coronavirus State and Local Fiscal Recovery Funds as established by the federal American Rescue Plan Act (ARPA).
(b) Rural water associations and any entity that received funding under the ARPA Rural Water Associations Infrastructure Grant Program or the Mississippi Municipality and County Water Infrastructure (MCWI) Grant Program before the date of passage of this act shall be ineligible for additional grants under this section.
(2) The program shall be funded
from appropriations by the Legislature to the department from the Coronavirus State
Fiscal Recovery Fund, and the department shall expend all such funds for the purposes
provided in subsection (1) of this section. * * *
(3) The department shall obligate the funds by the deadline set by the rules and guidelines of the United States Department of the Treasury and will adhere to the Treasury's rules and guidelines for reporting and monitoring projects funded through ARPA.
(4) (a) The department shall develop a system for use in ranking the grant applications received. The ranking system shall include the following factors, at a minimum: (a) the environmental impact of the proposed project; (b) the proposed project's ability to address noncompliance with state/federal requirements; (c) the extent to which the project promotes economic development; (d) the number of people served by the project (both new and existing users); (e) impacts of the proposed project on disadvantaged/ overburdened communities; (f) the grant applicant's prior efforts to secure funding to address the proposed project's objectives; (g) the grant applicant's proposed contribution of other funds or in-kind cost-sharing to the proposed project; (h) the grant applicant's long-term plans for the financial and physical operation and maintenance of the project; and (i) the grant applicant's capacity to initiate construction in a timely manner and complete the proposed project by the deadline specified by rules and guidelines of the United States Department of the Treasury for ARPA funds.
(b) For the second round of grant awards, the department shall apply a greater weight to grant applications that promote consolidation of separate systems. In order to receive the additional weight, the systems that will consolidate shall be in a proximity of each other as determined by the department.
(c) In addition to the points awarded under paragraph (b) of this subsection, an additional ten (10) points shall be added to any application with at least one (1) system that has consolidated after January 1, 2018, and before application to this program and is otherwise eligible under this section.
(5) An application for a grant under this section shall be submitted at such time, be in such form, and contain such information as the department prescribes.
(6) (a) Upon the approval of an application for a grant under this section, the department shall enter into a project grant agreement with each grantee to establish the terms of the grant for the project, including the amount of the grant.
(b) (i) For the first award of grants, the maximum amount of funds that may be provided to any rural water association or entity from all grants under the program is Two Million Five Hundred Thousand Dollars ($2,500,000.00).
(ii) For the second round of grant awards, the maximum amount of funds that may be provided to any eligible association or entity from all grants under the program is Two Million Dollars ($2,000,000.00).
(c) Associations or entities that received funding under the first round of grant awards for this program or received funding in the Mississippi Municipality and County Water Infrastructure Grant Program Act of 2022 are ineligible to receive funding under the second round.
(7) The department shall have all powers necessary to implement and administer the program. Of the funds appropriated to the department for the program, not more than five percent (5%) may be used by the department to cover the department's costs of administering the program.
(8) In carrying out its responsibilities under the program, for any contract under the purview of the Public Procurement Review Board (PPRB), the department shall be exempt from any requirement that the PPRB approve any personal or professional services contracts or pre-approve any solicitation of such contracts. This subsection shall stand repealed on July 1, 2026.
(9) The department shall submit an annual report regarding the program no later than December 31 of each year to the Lieutenant Governor, the Speaker of the House, and the Chairmen of the Senate and House Appropriations Committees.
(10) For the purposes of this section, "entity" means:
(a) Any entity operating as a rural water association, regardless of whether such entities were user created, were initially organized not for profit, or have been granted tax-exempt status under state or federal law.
(b) Any nonprofit water or sewer provider not owned by the municipality or county and are not a Rural Water Association.
(c) Any entity eligible under this program shall be currently operating as a not-for-profit entity.
(d) "Entity" under this subsection does not include any state agency. No state agency shall be eligible under this program.
SECTION 3. Section 57-123-11, Mississippi Code of 1972, is amended as follows:
57-123-11. (1) The Department of Finance and Administration shall establish a program for the purpose of providing funds to Mississippi Main Street Association as provided in this section. Monies disbursed by the Department of Finance and Administration under this section shall be disbursed in compliance with all requirements and/or conditions on funds appropriated from the Coronavirus State Fiscal Recovery Fund for the program established under this section.
(a) For the first round of grants, the Department of Finance and Administration shall disburse funds under this section to Mississippi Main Street Association to be used for the purpose of making revitalization grants to Mississippi communities as follows:
2020 Number of Grant Total
population communities amount grants
More than 25,000 8 $ 125,000.00 $ 1,000,000.00
Not more than 25,000 40 $ 100,000.00 $ 4,000,000.00
Total $ 5,000,000.00
(b) For the second round of grants, the Department of Finance and Administration shall disburse funds under this section to Mississippi Main Street Association to be used for the purpose of making revitalization grants to Mississippi communities as follows:
2020 Number of Grant Total
Population Communities Amount Grants
More than 25,000 8 $ 68,000.00 $ 544,000.00
Not more than 25,000 40 $ 61,400.00 $ 2,456,000.00
Total $ 3,000,000.00
(2) The Department of Finance and Administration shall have all powers necessary for the implementation of this section.
SECTION 4. Section 45-2-41, Mississippi Code of 1972, is amended as follows:
45-2-41. (1) There is created the "Mississippi Law Enforcement and Fire Fighters Premium Pay Program," which shall be administered by the Department of Public Safety to provide premium pay to those law enforcement officers and firefighters in the State of Mississippi as provided for in subsection (2) of this section. Monies disbursed by the Department of Public Safety under this section shall be disbursed in compliance with all requirements and/or conditions on funds appropriated from the Coronavirus State Fiscal Recovery Fund for the program established under this section.
(2) The program shall be funded from monies appropriated by the Legislature from the Coronavirus State Fiscal Recovery Fund for that purpose. The Department of Public Safety shall distribute the monies for the program in accordance with the following:
(a) One Thousand Dollars ($1,000.00) of premium pay shall be paid to each eligible individual, except as otherwise provided in paragraph (d) of this subsection (2).
(b) Eligible individuals are all certified, full-time and part-time law enforcement officers and certified, full-time and part-time firefighters who are serving in the State of Mississippi on July 1, 2022, except those excluded under paragraph (c) of this subsection (2). If a person is an eligible individual in more than one (1) position covered under this paragraph, that person shall only be eligible for one (1) payment of premium pay under paragraph (a) of this subsection.
(c) Any law enforcement officer who received hazard pay from the Governor's discretionary funds authorized by the Legislature from the federal Coronavirus Aid, Relief and Economic Security Act is not eligible to receive monies under this section.
(d) (i) Any law enforcement officer or firefighter who received One Thousand Dollars ($1,000.00) or more of premium pay from the county, municipality or other governmental entity that employed them from funds received under the federal American Rescue Plan Act is not eligible to receive monies under this section.
(ii) Any law enforcement officer or firefighter who received less than One Thousand Dollars ($1,000.00) of premium pay from the county, municipality or other governmental entity that employed the officer or firefighter from funds received under the federal American Rescue Plan Act is eligible to receive from the monies under this section the difference between the amount of premium pay received from their employer and One Thousand Dollars ($1,000.00).
( * * *e) The department also shall distribute
monies to counties, municipalities and other governmental entities that, before
July 1, 2022, paid premium pay to law enforcement officers and firefighters employed
by them from funds received under the federal American Rescue Plan Act, to reimburse
those governmental entities for not more than One Thousand Dollars ($1,000.00) of
the amount of premium pay that the governmental entity paid to each recipient.
SECTION 5. Section 25-3-25, Mississippi Code of 1972, is amended as follows:
25-3-25. (1) Except as otherwise
provided in subsections (2) through ( * * *12) of this section, the salaries
of sheriffs of the various counties are fixed as full compensation for their services.
The annual salary for each sheriff shall be based upon the total population of his county according to the latest federal decennial census in the following categories and for the following amounts; however, no sheriff shall be paid less than the salary authorized under this section to be paid the sheriff based upon the population of the county according to the most recent federal decennial census:
(a) For counties with a total population of more than one hundred thousand (100,000), a salary of One Hundred Four Thousand Dollars ($104,000.00).
(b) For counties with a total population of more than forty-four thousand (44,000) and not more than one hundred thousand (100,000), a salary of Ninety-five Thousand Dollars ($95,000.00).
(c) For counties with a total population of more than thirty thousand (30,000) and not more than forty-four thousand (44,000), a salary of Ninety Thousand Dollars ($90,000.00).
(d) For counties with a total population of more than twelve thousand five hundred (12,500) and not more than thirty thousand (30,000), a salary of Eighty-five Thousand Dollars ($85,000.00).
(e) For counties with a total population of not more than twelve thousand five hundred (12,500), a salary of Eighty Thousand Dollars ($80,000.00).
(2) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Leflore County, in its discretion, may pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:
(a) The Mississippi Department of Corrections operates and maintains a restitution center within the county;
(b) The Mississippi Department of Corrections operates and maintains a community work center within the county;
(c) There is a resident circuit court judge in the county whose office is located at the Leflore County Courthouse;
(d) There is a resident chancery court judge in the county whose office is located at the Leflore County Courthouse;
(e) The Magistrate for the Fourth Circuit Court District is located in the county and maintains his office at the Leflore County Courthouse;
(f) The Region VI Mental Health-Mental Retardation Center, which serves a multicounty area, calls upon the sheriff to provide security for out-of-town mental patients, as well as patients from within the county;
(g) The increased activity of the Child Support Division of the Department of Human Services in enforcing in the courts parental obligations has imposed additional duties on the sheriff; and
(h) The dispatchers of the enhanced E-911 system in place in Leflore County have been placed under the direction and control of the sheriff.
(3) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Rankin County, in its discretion, may pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:
(a) The Mississippi Department of Corrections operates and maintains the Central Mississippi Correctional Facility within the county;
(b) The State Hospital is operated and maintained within the county at Whitfield;
(c) Hudspeth Regional Center, a facility maintained for the care and treatment of persons with an intellectual disability, is located within the county;
(d) The Mississippi Law Enforcement Officers Training Academy is operated and maintained within the county;
(e) The State Fire Academy is operated and maintained within the county;
(f) The Pearl River Valley Water Supply District, ordinarily known as the "Reservoir District," is located within the county;
(g) The Jackson-Medgar Wiley Evers International Airport is located within the county;
(h) The patrolling of the state properties located within the county has imposed additional duties on the sheriff; and
(i) The sheriff, in addition to providing security to the nearly one hundred thousand (100,000) residents of the county, has the duty to investigate, solve and assist in the prosecution of any misdemeanor or felony committed upon any state property located in Rankin County.
(4) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Neshoba County shall pay an annual supplement to the sheriff of the county an amount equal to Ten Thousand Dollars ($10,000.00).
(5) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Tunica County, in its discretion, may pay an annual supplement to the sheriff of the county an amount equal to Ten Thousand Dollars ($10,000.00), payable beginning April 1, 1997.
(6) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Hinds County shall pay an annual supplement to the sheriff of the county in an amount equal to Fifteen Thousand Dollars ($15,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:
(a) Hinds County has the greatest population of any county, two hundred fifty-four thousand four hundred forty-one (254,441) by the 1990 census, being almost one hundred thousand (100,000) more than the next most populous county;
(b) Hinds County is home to the State Capitol and the seat of all state government offices;
(c) Hinds County is the third largest county in geographic area, containing eight hundred seventy-five (875) square miles;
(d) Hinds County is comprised of two (2) judicial districts, each having a courthouse and county office buildings;
(e) There are four (4) resident circuit judges, four (4) resident chancery judges, and three (3) resident county judges in Hinds County, the most of any county, with the sheriff acting as chief executive officer and provider of bailiff services for all;
(f) The main offices for the clerk and most of the judges and magistrates for the United States District Court for the Southern District of Mississippi are located within the county;
(g) The state's only urban university, Jackson State University, is located within the county;
(h) The University of Mississippi Medical Center, combining the medical school, dental school, nursing school and hospital, is located within the county;
(i) Mississippi Veterans Memorial Stadium, the state's largest sports arena, is located within the county;
(j) The Mississippi State Fairgrounds, including the Coliseum and Trade Mart, are located within the county;
(k) Hinds County has the largest criminal population in the state, such that the Hinds County Sheriff's Department operates the largest county jail system in the state, housing almost one thousand (1,000) inmates in three (3) separate detention facilities;
(l) The Hinds County Sheriff's Department handles more mental and drug and alcohol commitment cases than any other sheriff's department in the state;
(m) The Mississippi Department of Corrections maintains a restitution center within the county;
(n) The Mississippi Department of Corrections regularly houses as many as one hundred (100) state convicts within the Hinds County jail system; and
(o) The Hinds County Sheriff's Department is regularly asked to provide security services not only at the Fairgrounds and Memorial Stadium, but also for events at the Mississippi Museum of Art and Jackson City Auditorium.
(7) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Wilkinson County, in its discretion, may pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county because the Mississippi Department of Corrections contracts for the private incarceration of state inmates at a private correctional facility within the county.
(8) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Marshall County, in its discretion, may pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county because the Mississippi Department of Corrections contracts for the private incarceration of state inmates at a private correctional facility within the county.
(9) In addition to the salary provided in subsection (1) of this section, the Board of Supervisors of Greene County, in its discretion, may pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:
(a) The Mississippi Department of Corrections operates and maintains the South Mississippi Correctional Facility within the county;
(b) In 1996, additional facilities to house another one thousand four hundred sixteen (1,416) male offenders were constructed at the South Mississippi Correctional Facility within the county; and
(c) The patrolling of the state properties located within the county has imposed additional duties on the sheriff justifying additional compensation.
(10) In addition to the salary provided in subsection (1) of this section, the board of supervisors of any county, in its discretion, may pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The amount of the supplement shall be spread on the minutes of the board. The annual supplement authorized in this subsection shall not be in addition to the annual supplements authorized in subsections (2) through (9).
(11) In addition to the salary provided in subsection (1) and the supplements authorized in subsections (2) through (10), the board of supervisors of any county, in its discretion, may pay an annual supplement in an amount not to exceed Five Thousand Dollars ($5,000.00) to the sheriff of any county in which a juvenile detention center is located. The amount of the supplement shall be spread on the minutes of the board.
(12) In addition to the salary provided in subsection (1) of this section and any supplements authorized in subsections (2) through (11) of this section, a sheriff may receive the premium pay provided for in Section 45-2-41 as part of the sheriff's compensation.
( * * *13) (a) The salaries provided in this
section shall be payable monthly on the first day of each calendar month by chancery
clerk's warrant drawn on the general fund of the county; however, the board of supervisors,
by resolution duly adopted and entered on its minutes, may provide that such salaries
shall be paid semimonthly on the first and fifteenth day of each month. If a pay
date falls on a weekend or legal holiday, salary payments shall be made on the workday
immediately preceding the weekend or legal holiday.
(b) At least Ten Dollars ($10.00) from each fee collected and deposited into the county's general fund under the provisions of paragraphs (a), (c) and (g) of subsection (1) of Section 25-7-19 shall be used for the sheriffs' salaries authorized in Section 25-3-25; as such Ten Dollar ($10.00) amount was authorized during the 2007 Regular Session in Chapter 331, Laws of 2007, for the purpose of providing additional monies to the counties for sheriffs' salaries.
( * * *14) (a) All sheriffs, each year, shall
attend twenty (20) hours of continuing education courses in law enforcement. Such
courses shall be approved by the Mississippi Board on Law Enforcement * * * Officer Standards and Training.
Such education courses may be provided by an accredited law enforcement academy
or by the Mississippi Sheriffs' Association.
(b) The Mississippi Board
on Law Enforcement * * *
Officer Standards and Training shall reimburse each county for the expenses
incurred by sheriffs and deputy sheriffs for attendance at any approved training
programs as required by this subsection.
SECTION 6. This act shall take effect and be in force from and after its passage.