Bill Text: MS SB3046 | 2011 | Regular Session | Enrolled


Bill Title: Appropriation; Public Safety, Department of.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-04-26 - Approved by Governor [SB3046 Detail]

Download: Mississippi-2011-SB3046-Enrolled.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Appropriations

By: Senator(s) Davis, Carmichael, Hopson, Blount, Chassaniol, Simmons, Hyde-Smith

Senate Bill 3046

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF PUBLIC SAFETY FOR FISCAL YEAR 2012.

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

SECTION 1.  The following sum of money, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to defray the expenses of the Department of Public Safety for the fiscal year beginning July 1, 2011, and ending June 30, 2012.

.......................................... $    66,362,442.00.

SECTION 2.  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 Department of Public Safety for the purpose of defraying the expenses incurred in the operation of the various divisions of the department for the fiscal year beginning July 1, 2011, and ending June 30, 2012............................. $   100,415,256.00.

     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............        5

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 4.  The Commissioner of Public Safety may, on a case-by-case basis, within funds available, recommend that corrective salary adjustments be made to the compensation of employees of the Department of Public Safety where an inequity was created between employees of equivalent capacity by previous application of the agency appropriation acts.  Any such corrective salary adjustment plan must have prior approval by the State Personnel Board.  Such adjustments will not be retroactive.

     Any funds in the Salary, Wages and Fringe Benefits major object of expenditure may be used to purchase accumulated compensatory time within funds available.

     SECTION 5.  The Commissioner of Public Safety shall have the authority to transfer both positions and/or State General Funds appropriated herein from any division within the Department of Public Safety to any other division within the Department of Public Safety, not to exceed twenty-five percent (25%).

     SECTION 6.  It is the intent of the Legislature that the local governments pay for part of the computer cost of the Mississippi Justice Information Center by maintaining their contribution to the Department of Public Safety.

     SECTION 7.  It is the intention of the Legislature that the Department of Public Safety designate certain employees to aid the Division of Crime Laboratories in the billing and collecting of all fees charged for services rendered by the Division of Crime Laboratories.

     SECTION 8.  No part of the funds appropriated herein shall be transferred to, expended by, or used, directly or indirectly, for the benefit of any public relations, publicity or publication activities of any other state agency, department or officer, nor shall any personnel paid with funds appropriated herein be transferred or assigned to any other state agency, department or officer for public relations, publicity, or publication activities of such office.

     SECTION 9.  It is the intention of the Legislature that the Department of Public Safety shall have the authority to receive, budget and expend funds from any source in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

     SECTION 10.  It is the intention of the Legislature that the Department of Public Safety shall not issue citations for violations of speed limits on a quota basis.  No funds expended under this act shall be used for such quota-based citations for violations of speed limits.

     SECTION 11.  The Commissioner of Public Safety shall have the authority to transfer Department of Public Safety Special Funds from any division within the Department of Public Safety to any other division of the Department of Public Safety Special Funds, including, but not limited to, Funds 3711, 371C, 371E, 3713, 3714, 3715, 3740, 3741, 3742, 3744, 3747 and 3718, not to exceed Eight Million Dollars ($8,000,000.00) collectively during Fiscal Year 2012.  Further, the Department of Public Safety shall be authorized to escalate both funds and positions for any special fund monies received for Homeland Security.

     SECTION 12.  In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency.  Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

                                                        FY2012

Performance Measures                                    Target

Enforcement

     Increased Enforcement - Citations (%)                0.75

     Decreased Fatalities (%)                             0.25

     Increased DUI Arrests - Inc Felony DUIs (%)          0.50

     Criminal Investigations (Actions)                  17,308

Driver Services

     Driver's Licenses/ID Cards Issued (Items)         815,500

     Cost per License Document Produced ($)              12.50

     Drivers Suspended (Persons)                       255,000

     Accident Reports Processed (Actions)               12,000

     Motor Vehicle Inspect Stickers Sold (Items)     1,875,000

Support Services

     Tng of Switch/Repository Classes (Number of)           15

     Audit of User Agencies (Number of)                    100

Emerg Telecomm Training

     Emerg Telecomm Certified (Persons)                    700

     Certification Transactions (Actions)                2,800

     Training Quality Monitoring (Actions)                 100

Forensic Analysis

     Reports Issued (Cases)                             24,000

     Court Testimonies (Cases)                             400

     Cost per Case Analyzed ($)                         450.00

     Cost per Testimony ($)                             500.00

Dna Analysis

     Known Sex Offender Samples (Items)                 70,000

     Proficiency Samples (Items)                           500

     Casework Samples Examined (Items)                   6,000

     Cost per Sample ($)                                535.00

Training Academy

     Basic Students to Graduate (Persons)                  240

     Basic Refresher Students to

          Graduate (Persons)                                70

     In-service & Advanced Students

          to Graduate (Persons)                          1,300

Drug Enforcement

     Arrests Made (Persons)                              3,055

     Number of Prosecutions (Actions)                    3,454

     Organizations Disrupted/Dismantled (Actions)           21

Forensic Pathology

     Deaths Investigated (Actions)                      16,500

     Autopsies Performed at SME Office (Actions)         1,700

     Cost per Autopsy Performed ($)                     500.00

Jail Officer Training

     County Jail Officers Certified (Persons)              450

     Certification Transactions (Actions)                  900

Law Enforcement Training

     Basic Law Enforc Officers Certified (Persons)         550

     Certification Transactions (Actions)                2,200

     Training Quality Monitoring (Actions)               1,000

Public Safety Planning

     Statewide Programs Supported (Programs)               853

     Juvenile Jail Alternatives Dev (Alternatives)           5

     Narcotics Units Funded                                 17

     Drug-free Programs Implemented                        150

Council On Aging

     Number of Board Meetings (Meetings)                     4

     Establish TRIAD Programs (Programs)                     4

     Conduct Training Programs (Programs)                    6

     Provide On-site Training                                3

Juvenile Fac Monitoring Unit

     Number of Facilities Inspected (Items)                125

     Strategic Plans Implemented (Items)                    80

Homeland Security

     OHS Grants for Jurisdictions (Number of)              300

     First Responder Classes (Number of)                   170

     A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2013.

     SECTION 13.  It is the intention of the Legislature that all divisions within the Mississippi Department of Public Safety 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 2011.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2013 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 2012 budget request process.

     SECTION 14.  Of the funds appropriated under the provisions of Section 2, funds may be expended to defray the costs of clothing for sworn nonuniform law enforcement officers in an amount not to exceed One Thousand Dollars ($1,000.00) annually per officer.

     SECTION 15.  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 16.  The department is authorized to expend available funds on technology or equipment upgrades or replacements when it will generate savings through efficiency or when the savings generated from such upgrades or replacements exceed expenditures thereof.

     SECTION 17.  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 18.  Of the funds provided herein, and in addition to the One Hundred Dollars ($100.00) authorized in Section 45-3-7, Mississippi Code of 1972, Department of Public Safety Officers who are licensed commercial pilots shall receive an additional Nine Hundred Dollars ($900.00), for a total of One Thousand Dollars ($1,000.00), additional compensation for such service.

     SECTION 19.  It is the direction of the Legislature that all Fair Labor Standards Act (FLSA) nonexempt sworn officers of the Mississippi Highway Safety Patrol who are working one hundred seventy-one (171) hours in a twenty-eight-day work cycle be compensated based on the annual salary established by the State Personnel Board for a one-hundred-sixty-hour per month schedule divided by two thousand eighty-seven and one hundred forty-three one thousandths (2,087.143), for an hourly rate, to be multiplied by two thousand two hundred twenty-three (2,223) or one hundred seventy-one (171) hours in a twenty-eight-day work cycle for a new annual salary.  All hours worked over one hundred seventy-one (171) hours in a twenty-eight-day schedule shall be governed by the FLSA or other special compensation plan.  All realignments after July 1, 2010, shall be calculated using this formula.  This section shall be known as the "David R. Huggins Act."

SECTION 20.  In addition to all other sums appropriated herein, Three Hundred Twenty-five Thousand Dollars ($325,000.00) is hereby appropriated out of any funds in the State Treasury to the credit of the Department of Public Safety for the purposes of paying for eleven (11) hours of compensatory time at an hourly rate based on 2,087.143 hours per year for sworn officers who hold the rank of Lieutenant and above.  The funds provided in this section to pay for the eleven (11) hours authorized in this section shall be expended only for this purpose.

SECTION 21.  Of the funds appropriated under the provisions of Section 2, One Million Five Hundred Fifty-four Thousand Three Hundred Thirty-eight Dollars ($1,554,338.00) shall be derived from the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972.

SECTION 22.  It is the intention of the Legislature that the Law Enforcement Training Academy may operate a souvenir store on the premises of the training academy and also shall have the authority to escalate and expend such funds generated from sales in an amount not to exceed One Hundred Thousand Dollars ($100,000.00) in accordance with procedures for federal fund escalations.

     SECTION 23.  It is the intention of the Legislature that the Department of Public Safety shall provide an annual report to the Mississippi Legislature detailing any elected official or any other person who is not an employee of the Department of Public Safety who was transported in Highway Patrol aircraft during the fiscal year.  The report shall be provided to each member of the Mississippi Legislature on or before January 15, 2012.

     SECTION 24.  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 Appropriations Committees.

     SECTION 25.  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 26.  This act shall take effect and be in force from and after July 1, 2011.

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