Bill Text: MS SB3135 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Appropriation; Dept. Public Safety - Consol.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Vetoed) 2010-01-05 - Veto Referred To Appropriations [SB3135 Detail]

Download: Mississippi-2010-SB3135-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Appropriations

By: Senator(s) Nunnelee, Davis, Lee (35th), Blount, Chassaniol, Simmons

Senate Bill 3135

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF PUBLIC SAFETY FOR FISCAL YEAR 2011.

     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, 2010, and ending June 30, 2011..................................................

............................................ $    68,670,677.00.

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, 2010, and ending June 30, 2011............................... $    97,680,667.00.

     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, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits..................................... $    53,901,192.00

  FUNDING:

General Funds........................... $    45,434,998.00

Special Funds............................     31,283,237.00

Total.............................. $    76,718,235.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........      869

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, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits..................................... $      866,107.00

  FUNDING:

General Funds........................... $       486,397.00

Special Funds............................      1,324,491.00

Total.............................. $     1,810,888.00

  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, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits..................................... $    3,646,680.00

  FUNDING:

General Funds........................... $     3,526,425.00

Special Funds............................      4,180,686.00

Total.............................. $     7,707,111.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........       62

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, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits..................................... $    7,655,006.00

  FUNDING:

General Funds........................... $     7,209,489.00

Special Funds............................      1,708,805.00

Total.............................. $     8,918,294.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........       89

Part Time...........        0

Time-Limited: Full Time...........        8

Part Time...........        0

DIVISION OF MEDICAL EXAMINER

Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits..................................... $      498,651.00

  FUNDING:

General Funds........................... $       461,926.00

Special Funds............................        296,505.00

Total.............................. $       758,431.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........        1

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, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits..................................... $    2,126,055.00

  FUNDING:

General Funds........................... $       375,771.00

Special Funds............................     32,599,230.00

Total.............................. $    32,975,001.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........        9

Part Time...........        0

Time-Limited: Full Time...........       30

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, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits...................................... $      304,504.00

  FUNDING:

General Funds........................... $             0.00

Special Funds............................      2,412,028.00

Total.............................. $     2,412,028.00

  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, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits...................................... $      101,325.00

  FUNDING:

General Funds........................... $             0.00

Special Funds............................        541,810.00

Total.............................. $       541,810.00

  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, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits...................................... $      108,832.00

  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, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits...................................... $       52,287.00

  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, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits...................................... $      959,986.00

  FUNDING:

General Funds........................... $       169,687.00

Special Funds............................     20,528,876.00

Total.............................. $    20,698,563.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........       11

Part Time...........        0

Time-Limited: Full Time...........        5

Part Time...........        0

BUREAU OF NARCOTICS

Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits..................................... $    10,403,325.00

  FUNDING:

General Funds........................... $    10,900,450.00

Special Funds............................      1,793,814.00

Total.............................. $    12,694,264.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........      152

Part Time...........        0

Time-Limited: Full Time...........       15

Part Time...........        0

JUVENILE FACILITY MONITORING UNIT

Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits..................................... $       160,630.00

  FUNDING:

General Funds........................... $       105,534.00

Special Funds............................        246,289.00

Total.............................. $       351,823.00

  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 2012 do not exceed Fiscal Year 2011 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2011 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 insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2011 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 2011 "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.

     Unless otherwise authorized in this act, no state agency shall take any action to promote or otherwise award salary increases through reallocation, reclassification, realignment, educational benchmark, career ladder, equity salary adjustment, or any other means to increase salaries of employees or positions unless specifically exempted by the following conditions: the award of teacher salary increments; the advancement of a trainee/cadet to the next level of a bona fide career ladder; the award of an educational benchmark for the attainment of a Certified Public Accountant License or higher level professional certification based on information provided to the State Personnel Board by the Legislative Budget Office; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the Fiscal Year 2011 promotional formula, whichever is less; the emergency appointment of nurses, pharmacists or other health care and child protection professionals at a salary to be determined by the State Personnel Board; or a new hire associated with the American Recovery and Reinvestment Act of 2009.  All positions supported by funds available through the American Recovery and Reinvestment Act of 2009 shall be designated as time-limited positions.

     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 Ten Million Dollars ($10,000,000.00) collectively during Fiscal Year 2011.  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:

                                                          FY2011

Performance Measures                                      Target

Enforcement

     Increased Enforcement - Citations (%)                  0.50

     Decreased Fatalities (%)                               0.20

     Increased DUI Arrests - Inc Felony DUIs (%)            0.50

     Criminal Investigations (Actions)                    16,608

Driver Services

     Driver's Licenses/ID Cards Issued (Items)           799,500

     Cost per License Document Produced ($)                12.50

     Drivers Suspended (Persons)                         189,625

     Accident Reports Processed (Actions)                  1,100

     Motor Veh Inspect Stickers Sold (Items)           1,749,219

Support Services

     Tng of Switch/Repository Classes (Number of)              6

     Audit of User Agencies (Number of)                       60

Emerg Telecomm Training

     Emerg Telecomm Certified (Persons)                      650

     Certification Transactions (Actions)                  2,600

     Training Quality Monitoring (Actions)                   100

Forensic Analysis

     Reports Issued (Cases)                               22,360

     Court Testimonies (Cases)                               300

     Cost per Case Analyzed ($)                           450.00

     Cost per Testimony ($)                               500.00

Dna Analysis

     Known Sex Offender Samples (Items)                   61,100

     Proficiency Samples (Items)                             500

     Casework Samples Examined (Items)                     5,000

     Cost per Sample ($)                                  535.00

Training Academy

     Basic Students to Graduate (Persons)                    250

     Basic Refresher Students to

          Graduate (Persons)                                  70

     In-service & Advanced Students

          to Graduate (Persons)                            1,300

Drug Enforcement

     Arrests Made (Persons)                                3,245

     Number of Prosecutions (Actions)                      2,721

     Organizations Disrupted/Dismantled (Actions)             48

Forensic Pathology

     Deaths Investigated (Actions)                         1,600

     Autopsies Performed at SME Office (Actions)           1,600

     Cost per Autopsy Performed ($)                       175.00

Jail Officer Training

     County Jail Officers Certified (Persons)                400

     Certification Transactions (Actions)                    800

Law Enforcement Training

     Basic Law Enforc Officers Certified (Persons)           575

     Certification Transactions (Actions)                  2,300

     Training Quality Monitoring (Actions)                 1,000

Public Safety Planning

     Statewide Programs Supported (Programs)                 853

     Juvenile Jail Alternatives Dev (Alternatives)            55

     Narcotics Units Established (Units)                      17

     Drug-free Programs Impact (Persons)                     150

Council On Aging

     Number of Board Meetings (Meetings)                       4

     Establish TRIAD Programs (Programs)                       4

     Conduct Training Programs (Programs)                      6

     Provide On-site Tech Assistance (Actions)                10

Juvenile Fac Monitoring Unit

     Number of Facilities Inspected (Items)                  125

     Strategic Plans Implemented (Items)                      21

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 2012.

     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 2010.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2012 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 2011 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.  Of the funds appropriated in Section 1 and allocated in Section 3, Two Million Nine Hundred Sixty Thousand Dollars ($2,960,000.00) is provided for the conditions within this section.  All Fair Labor Standards Act (FLSA) nonexempt sworn officers who are working one hundred seventy-one (171) hours in a 28-day work cycle shall be compensated at an hourly rate based on 2,087.143 hours per year.  This section and its provisions shall be known and cited as the "David R. Huggins Act of 2002."  Sworn officers shall be compensated for up to one hundred seventy-one (171) hours in a 28-day work cycle to the extent the combination of work schedule and compensatory time totals up to one hundred seventy-one (171) hours.  The funds provided to pay for the one hundred seventy-one (171) hours authorized in this section shall be expended only for this purpose.  Any remaining funds shall lapse back to the General Fund.

     SECTION 20.  Of the funds appropriated in Section 1 and allocated in Section 3, Three Hundred Twenty-five Thousand Dollars ($325,000.00) is provided for the conditions within this section.  All sworn officers who hold the rank of Lieutenant and above shall be compensated for eleven (11) hours of compensatory time at an hourly rate based on 2,087.143 hours per year.  The funds provided to pay for the eleven (11) hours authorized in this section shall be expended only for this purpose.  Any remaining funds shall lapse back to the General Fund.

     SECTION 21.  It is the intention of the Legislature that this agency shall have the authority to receive, budget and expend funds from any source that may become available to them as a result of the passage of the American Recovery and Reinvestment Act of 2009 in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

     The Executive Director of the Department of Finance and Administration shall have the authority to approve escalations of funds and employee positions using funds from any source available due to the passage of the American Recovery and Reinvestment Act of 2009.

     The Executive Director of the Department of Finance and Administration shall immediately send notice of the approval of such budget escalation to the House of Representatives Appropriations Committee, the Senate Appropriations Committee and the Legislative Budget Office.  Within fifteen (15) days of such approval, the Executive Director of the Department of Finance and Administration shall ensure that the Legislative Budget Office receives detailed and accurate information about the amount and use of federal and special source funds by state agencies as a result of the passage of the American Recovery and Reinvestment Act of 2009.

     SECTION 22.  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 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, 2011.

     SECTION 23.  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 24.  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 25.  This act shall take effect and be in force from and after July 1, 2010.

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