Bill Text: MS HB580 | 2014 | Regular Session | Engrossed

Mississippi House Bill 580 (Prior Session Legislation)

Bill Title: State agencies; revise FY14 appropriation bills for several.

Spectrum: Bipartisan Bill

Status: (Failed) 2014-03-04 - Died In Committee [HB580 Detail]

Download: Mississippi-2014-HB580-Engrossed.html

MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Appropriations

By: Representatives Frierson, Hines

House Bill 580

(As Passed the House)

AN ACT TO REVISE THE FISCAL YEAR 2014 APPROPRIATION BILLS FOR SEVERAL STATE AGENCIES; TO AMEND SECTION 8, CHAPTER 14, LAWS OF 2013, TO REVISE THE LANGUAGE PROVIDING FOR THE UPWARD REALLOCATION OF LEGAL ASSISTANTS OF THE WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 2, CHAPTER 31, LAWS OF 2013, TO PROVIDE AN EXCEPTION TO THE PROHIBITION ON STATE AGENCIES TAKING ACTIONS TO AWARD SALARY INCREASES FOR THE DEPARTMENT OF BANKING AND CONSUMER FINANCE; TO AMEND SECTION 2, CHAPTER 52, LAWS OF 2013, TO PROVIDE AN EXCEPTION TO THE PROHIBITION ON STATE AGENCIES TAKING ACTIONS TO AWARD SALARY INCREASES FOR THE SECRETARY OF STATE; TO AMEND SECTION 3, CHAPTER 55, LAWS OF 2013, TO PROVIDE AN EXCEPTION TO THE PROHIBITION ON STATE AGENCIES TAKING ACTIONS TO AWARD SALARY INCREASES FOR THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO AMEND SECTION 5, CHAPTER 95, LAWS OF 2013, TO REALLOCATE THE NUMBER OF AUTHORIZED POSITIONS FOR THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS; TO AMEND SECTION 2, CHAPTER 102, LAWS OF 2013, TO PROVIDE AN EXCEPTION TO THE PROHIBITION ON STATE AGENCIES TAKING ACTIONS TO AWARD SALARY INCREASES FOR THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 29, CHAPTER 103, LAWS OF 2013, TO AUTHORIZE THE REALLOCATION OF A CERTAIN POSITION FOR THE STATE DEPARTMENT OF HEALTH; TO AMEND CHAPTER 20, LAWS OF 2013, TO PROVIDE FOR THE EXPENDITURE OF FUNDS BY THE DEPARTMENT OF AGRICULTURE AND COMMERCE FOR CAREER LADDER RECLASSIFICATIONS; TO AMEND CHAPTER 35, LAWS OF 2013, TO PROVIDE EXCEPTIONS TO THE PROHIBITION ON STATE AGENCIES TAKING ACTIONS TO AWARD SALARY INCREASES FOR THE DEPARTMENT OF REVENUE; TO AUTHORIZE THE DEPARTMENT OF REVENUE TO SPEND CERTAIN FUNDS FOR PURCHASING EQUIPMENT FOR THE ABC WAREHOUSE; TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ESCALATE AND EXPEND CERTAIN FUNDS; TO AMEND CHAPTER 89, LAWS OF 2013, TO AUTHORIZE THE DEPARTMENT OF HUMAN SERVICES TO EXPEND FUNDS FOR THE SENIOR OLYMPICS PROGRAM; TO PROVIDE FOR THE EXPENDITURE OF FUNDS BY THE DEPARTMENT OF HUMAN SERVICES FOR HIRING NEW CHILD PROTECTION WORKERS; TO AMEND SECTION 8, CHAPTER 54, LAWS OF 2013, TO AUTHORIZE THE REALLOCATION OF A CERTAIN POSITION FOR THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 8, Chapter 14, Laws of 2013, is amended as follows:

Section 8. With the funds provided herein, it is the intention of the Legislature that Workers' Compensation Legal Assistant PINs 11, 16, 17, and 71 be reallocated upwardly to OCCU * * * 4916 Paralegal Specialists after such persons receive the Paralegal Certification.

SECTION 2. Section 2, Chapter 31, Laws of 2013, is amended as follows:

Section 2. Of the funds appropriated under the provisions of this act, the following positions are authorized.

AUTHORIZED POSITIONS:

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

Part Time............ 0

Time-Limited: Full Time............ 0

Part Time............ 0

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2015 do not exceed Fiscal Year 2014 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2014 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 2014 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 2014 "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; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the FY2014 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; the award of salary increases through reclassification, career ladder, or any other means to increase salaries for positions within the Examiner Class Series, which includes Examiner Trainee, Examiner I, Examiner II, Examiner III, Examiner IV and Examiner V; or any other requested action of the agency that has been specifically authorized by the Legislature.

Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

SECTION 3. Section 2, Chapter 52, Laws of 2013, is amended as follows:

Section 2. Of the funds appropriated under the provisions of Section 1, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time............ 98

Part Time............ 0

Time-Limited: Full Time............ 0

Part Time............ 0

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; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the FY2014 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; the use of new hire flex for the employment of the Director of Finance, Bureau Director I, at a starting salary range of Sixty Thousand Dollars ($60,000.00) to Sixty-five Thousand Dollars ($65,000.00); or any other requested action of the agency that has been specifically authorized by the Legislature.

SECTION 4. Section 3, Chapter 55, Laws of 2013, is amended as follows:

Section 3. Of the funds appropriated under the provisions of this act, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time............ 428

Part Time............ 2

Time-Limited: Full Time............ 1

Part Time............ 0

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; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the FY2014 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; any compensation fixed by the Executive Director under the provisions of Section 61-13-3, Mississippi Code of 1972; or any other requested action of the agency that has been specifically authorized by the Legislature.

Provided that a report based on expenditures incurred during the current and immediate past fiscal years shall be provided to each regularly scheduled legislative session. This report should reflect expenditures as a result of the operation of the Robert E. Lee Building, the Woolfolk State Office Building, the Gartin and Sillers Buildings, the Capitol Buildings, the Central High School Building, the Robert G. Clark, Jr. Building and other state buildings, and this report should contain any steps taken to reduce operating costs.

It is also the intention of the Legislature that no state-owned aircraft shall be utilized by any person except for official business only.

SECTION 5. Section 5, Chapter 95, Laws of 2013, is amended as follows:

Section 5. Of the funds appropriated under the provisions of this act, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time............ 659

Part Time...... * * * 93

Time-Limited: Full Time...... * * * 47

Part Time............ 0

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; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the FY2014 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 any other requested action of the agency that has been specifically authorized by the Legislature.

SECTION 6. Section 2, Chapter 102, Laws of 2013, is amended as follows:

Section 2. Of the funds appropriated under the provisions of this act, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time............ 145

Part Time............ 0

Time-Limited: Full Time............ 0

Part Time............ 0

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; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the FY2014 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; the use of new hire flex and agency head flexibility for nonstate service positions; or any other requested action of the agency that has been specifically authorized by the Legislature.

SECTION 7. Section 29, Chapter 103, Laws of 2013, is amended as follows:

Section 29. In addition to all other funds herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Health Information Network for the fiscal year beginning July 1, 2013, and ending June 30, 2014..... $ 700,000.00.

In addition to all other funds herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Mississippi Health Information Network, for the purpose of defraying the expenses for the fiscal year beginning July 1, 2013, and ending June 30, 2014................................................

......................................... $ 5,676,879.00.

Of the funds appropriated under the provisions of this Section, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time............ 0

Part Time............ 0

Time-Limited: Full Time............ 3

Part Time............ 0

The Mississippi Health Information Network is hereby authorized to escalate federal funds and other special funds in accordance with the rules and regulations of the Department of Finance and Administration, in order to provide services prescribed by Section 41-119-1 through 41-119-21, Mississippi Code of 1972. It is the intention of the Legislature that DH-Deputy Director position (PIN 6001) be reallocated to MS-HIN Executive Director.

SECTION 8. Chapter 20, Laws of 2013, is amended as follows:

Section 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the State Department of Agriculture and Commerce, including the Divisions of Support, Plant Industry and Farmers Central Market, for the fiscal year beginning July 1, 2013, and ending June 30, 2014............ $ 9,486,299.00.

Section 2. The following sum, or so much thereof as may be necessary, is hereby authorized for expenditure out of any special source funds, which are collected by or otherwise become available for the purpose of defraying the expenses of the State Department of Agriculture and Commerce, including the Divisions of Support and Plant Industry and Farmers Central Market, for the fiscal year beginning July 1, 2013, and ending June 30, 2014.....................................

.......................................... $ 7,026,691.00.

The funds authorized for expenditure under the provisions of this section include subscription fees produced from the Market Bulletin and admission fees produced from the Mississippi Agriculture and Forestry Museum.

Section 3. Of the funds appropriated in Section 2, the following sum, or so much thereof as may be necessary, shall be derived from the Mississippi Department of Agriculture and Commerce - Fruit and Vegetable Revolving Fund, for the purpose of defraying the expenses of the Department

........................................... $ 600,000.00.

Section 4. Of the funds appropriated under the provisions of this act, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time............ 230

Part Time............ 2

Time-Limited: Full Time............ 19

Part Time............ 0

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; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the FY2014 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 any other requested action of the agency that has been specifically authorized by the Legislature.

Section 5. 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:

FY2014

Performance Measures Target

Plant Industry

Stop Sales issued for mislabeled pesticide

products based on 400 inspection per

year (%).

Baseline FY 2012: 400 1

Stop Sales issued for non-registered

pesticide products based on 200

inspections per year (%).

Baseline FY 2012: 200 2

Museum

Increase in attendance (%).

Baseline FY 2012: 157,393 5

Regulatory

Maintain zero tolerance on carcass

contamination based on USDA required

inspections and frequency (%)(Meat).

Baseline FY 2012: 210,663 100

Maintain a high compliance rate based on

multiple external factors such as number of

stores, product variety, and other outside

influences (%)(Consumer Protection).

Baseline FY 2012: 6,105 97

Maintain high compliance rate based on

multiple external factors such as number of

stores, new products introduced in market

place, and quality of product supplied

through product chain (%)(Petroleum).

Baseline FY 2012: 67,685 97

Marketing

Increase the number of persons reached by

marketing means to meet target demographics

(%).

Baseline FY 2012: 1,105,000 3

Increase in assistance to agricultural

community to meet target demographics through

marketing based on funding availability (both

state & federal), input from targeted

industry, and producers (%).

Baseline FY 2012: 1,500 5

Administration

Maintain administration cost at 18% of

total budget.

Baseline FY 2012: No Baseline 18

Livestock Theft

Number of Cases cleared (%)

Baseline FY 2012: 315 44

Recovery of Stolen Property based on external

factors of price of agricultural commodities,

available evidence, and local county

assistance (%).

Baseline FY 2012: $3,825,738 30

Farmer's Market

Percent of Retail Spaces Rented based on

seasonal availability of produce (%).

Baseline FY 2012: 32% 85

Seed Testing Lab

Stop sales issued for Purity noncompliance

Based on 2,600 regulatory inspections per

year (%).

Baseline FY 2012: 2,600 4

Stop sales issued for Germination

noncompliance based on 2,600 regulatory

inspections per year (%).

Baseline FY 2012: 2,600 3

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 2015.

Section 6. The funds appropriated and authorized to be expended under the provisions of this act shall be expended for the purpose of defraying all expenses incurred by the State Department of Agriculture and Commerce in the operation of all programs and activities (except operation of the State Lime Plants, Veterinary Laboratory, Pink Bollworm-Plant Quarantine Inspection Stations and Fire Ant Program) authorized to be conducted and carried on by said department; including, but not limited to: the administration of the Feed, Fertilizer and Dairy Act; the Weights and Measures Act; the Meat Inspection Act of 1968; the Mississippi Pure Seed Law; and the following additional programs and activities: enforcement of the egg law; publication and distribution of the Mississippi Market Bulletin, agricultural statistics, market news service at Stoneville, Mississippi; and inspection, grading and certifying of fruits, vegetables, hay, grain, meat and meat products, milk and dairy products, pecans, seed and syrup.

Section 7. The Mississippi Department of Agriculture and Commerce, with the assistance of the State Department of Audit and the Department of Finance and Administration, shall establish nonbudgeted enterprise funds for all "for profit" activities related to the Mississippi Agriculture and Forestry Museum. The funds shall be maintained in accordance with generally accepted accounting principles and regulations prescribed by the Department of Finance and Administration.

Section 8. It is the intention of the Legislature that the State Department of Agriculture and Commerce is hereby authorized to accept, budget and expend funds from any source in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

Section 9. 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 Beaver Control Program or from any other special source funds made available to the Beaver Control Program, to the Department of Agriculture and Commerce for the support of the Beaver Control Program for the fiscal year beginning July 1, 2013, and ending June 30, 2014.

........................................ $ 1,100,000.00.

Of the special funds authorized in this section, Six Hundred Fifty Thousand Dollars ($650,000.00) shall be derived from funds received from the Mississippi Department of Transportation and from fees charged private persons/organizations, and Two Hundred Thousand Dollars ($200,000.00) shall be derived from funds received from the State Forestry Commission. A county to participate must pay up to Seven Thousand Five Hundred Dollars ($7,500.00) and if any county wishes to pay any additional funds than provided, those funds may be used only in said county.

Section 10. Of the funds provided by the provisions of this act, it is the intent of the Legislature that not more than Thirty Thousand Dollars ($30,000.00) shall be expended for the Mississippi Senior Farmers' Market Nutrition Pilot Program, which shall be established by the State Department of Agriculture and Commerce to serve senior citizens above sixty (60) years of age who fall within one hundred thirty percent (130%) of the poverty level. The Commissioner of Agriculture may promulgate rules and regulations necessary to implement the Mississippi Senior Farmers' Market Nutrition Pilot Program.

Section 11. It is the intention of the Legislature that the State Department of Agriculture and Commerce shall have the authority to escalate its budget and expend funds from peanut revenue not to exceed Six Hundred Thousand Dollars ($600,000.00) in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

Section 12. 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 13. Of the funds provided under the provisions of this act, Twenty Thousand Dollars ($20,000.00) shall be provided to the Fair Commission County Livestock Shows for prize money.

Section 14. It is the intention of the Legislature that the Mississippi Department of Agriculture and Commerce shall have the authority to escalate any funds generated from the renting or leasing the right to place a sign on property under the Department's domain, in accordance with any such rules and regulations of the Bureau of Buildings. Such funds shall be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of performing such duties as set forth by law in accordance with applicable rules and regulations of the State Fiscal Officer.

Section 15. It is the intention of the Legislature that the Department of Agriculture and Commerce 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 2013. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2015 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 2014 budget request process.

Section 16. With the funds herein appropriated, it is the intention of the Legislature that the Department of Agriculture and Commerce is authorized to give nine (9) reclassifications, five (5) reallocations, and eight (8) educational benchmarks at a total cost not to exceed Sixty-six Thousand Thirty-five Dollars ($66,035.00).

Section 17. Of the funds appropriated in this act, an amount not to exceed Twenty-eight Thousand Four Hundred Fifteen Dollars ($28,415.00) shall be expended for the purpose of implementing no more than nine (9) career ladder reclassifications for the positions Inspector Regulatory Service Trainees to Inspector Regulatory Service I.

Section * * * 18. 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 9. Chapter 35, Laws of 2013, is amended as follows:

Section 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Department of Revenue, including the Homestead Exemption Division, the Motor Vehicle Comptroller functions, the Alcoholic Beverage Control Division and the Bureau of Telecommunications for the fiscal year beginning July 1, 2013, and ending June 30, 2014....... $ 39,208,362.00.

Section 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the special fund in the State Treasury to the credit of the Mississippi Department of Revenue which are collected by or otherwise become available for the purpose of defraying the expenses of the commission for the fiscal year beginning July 1, 2013, and ending June 30, 2014.... $ 18,751,239.00.

Section 3. Of the funds appropriated under the provisions of this act, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time............ 768

Part Time............ 1

Time-Limited: Full Time............ 0

Part Time............ 0

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; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the FY2014 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; the reclassification of existing career ladder positions pertaining to accountants and collection officers; an annual salary fixed by the State Personnel Board under Section 27-3-9, Mississippi Code of 1972; or any other requested action of the agency that has been specifically authorized by the Legislature.

Section 4. It shall be the duty of the Chairman of the Mississippi Department of Revenue, and he is hereby empowered to select in the manner provided by Section 27-3-13, Mississippi Code of 1972, such employees as may be necessary to the administration of all acts relating to the exemption of homesteads and the reimbursement of tax losses to the several taxing units of the state, and to assign them to the use of the Mississippi Department of Revenue.

Section 5. The money herein appropriated may be used for any expenses which the commission may legally incur. Provided, however, that no part of the money herein appropriated shall be used for the payment of attorney's fees, except upon recommendation of the Governor with the approval of the Attorney General, nor shall any of said funds be used either directly or indirectly for the purpose of paying any clerk, stenographer, assistant, deputy or other employee who may be related by blood or marriage within the third degree, computed by the rule of civil law, to the official employing or having the right of employment or selection thereof, except that when the relationship is by affinity and the person is dead through whom the relationship was established, this rule shall not apply. In the event of any such payment, then the official or person approving and making such payment shall be liable to return to the State of Mississippi and to pay into the State Treasury to the credit of the General Fund three (3) times any such amount so paid to be recovered at suit by the Attorney General.

Section 6. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the Mississippi Department of Revenue for the purpose of reimbursing the counties of the state, the road districts and school districts therein and the municipal separate school districts, for tax losses incurred by reason of the exemption of homes from certain ad valorem taxes under the provisions of Section 27-33-1 et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2013, and ending June 30, 2014 $ 81,109,281.00.

Section 7. Each county, road district, school district and municipal separate school district which has incurred a tax loss that is reimbursable under Section 6 shall be reimbursed a sum which is equivalent to the amount of tax loss produced by the application of tax rates annually fixed for maintenance and current expenses to the assessed value of homes, or so much thereof as has been lawfully authorized under the provisions of Section 27-33-1 et seq., Mississippi Code of 1972.

The disbursements from the funds appropriated under the provisions of Section 6 shall be based upon the certificates required of the clerks of the county boards of supervisors and of the clerks of the municipalities, which certificates shall conform strictly in every respect to the requirements of the provisions of Section 27-33-1 et seq., Mississippi Code of 1972.

All disbursements from the funds appropriated under the provisions of Section 6 shall be made strictly in accordance with the provisions of Section 27-33-1 et seq., Mississippi Code of 1972, and no disbursements other than those clearly authorized by those sections shall be made, the provisions of any other law to the contrary notwithstanding.

Section 8. None of the funds appropriated under the provisions of Section 6 of this act may be distributed to any county, municipality, school district or other taxing district in which the assessed valuation of the taxing district has increased as a result of reappraisal of the property of the taxing district unless the governing board of the taxing district has published a notice in a newspaper having a general circulation in the taxing district, stating the lower millage rate that would produce the same amount of revenue from ad valorem taxation on property of the taxing district that was produced in the fiscal year before the property of the taxing district was reappraised.

Section 9. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the special fund in the State Treasury to the credit of the Department of Revenue License Tag Acquisition Fund which are collected by or otherwise become available for the purchase and delivery of motor vehicle license tags for the fiscal year beginning July 1, 2013, and ending June 30, 2014............ $ 1,424,644.00.

Section 10. 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 11. None of the funds appropriated under the provisions of Sections 1 and 2 of this act shall be expended unless an advisory committee continues to coordinate, in an advisory capacity only, with the Department of Revenue in the determination of the collection of statistical data and information related to economic and tax policy. This advisory committee shall consist of the following members or their designees: The Director of the Legislative Budget Office, the Director of the Joint Legislative PEER Committee, the State Economist, the President of the Mississippi Economic Council and the Director of the Mississippi Economic Policy Center.

Section 12. It is the intention of the Legislature that the Mississippi Department of Revenue 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 2013. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2015 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 2014 budget request process.

Section 13. None of the funds appropriated in Section 9 shall be expended to purchase motor vehicle license tags made or manufactured by any department, agency or instrumentality of a state other than the State of Mississippi. None of the funds appropriated in this section shall be used for the purchase of bolts, nuts or other fastening devices for attaching said motor vehicle license tags. Provided further, that all motor vehicles belonging to any state department, agency, commission, institution or any other division of State Government shall have license tags which shall bear the words "State Property" at the bottom of such license tags.

Section 14. 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 Capital Expense Fund, and allocated in a manner as determined by the Treasurer�s Office, to defray the expenses of the Department of Revenue, acting through the Bureau of Building, Grounds and Real Property Management, for the fiscal year beginning July 1, 2013, and ending June 30, 2014.........................................

............................................. $ 1,000,000.00.

This appropriation is provided for the repair and renovation of the Alcohol Beverage Control (ABC) Warehouse. It is the intention of the Legislature that the Department of Revenue, at its discretion in determining the amount of funds allocated, may include the purchase of equipment for the ABC Warehouse with such funds.

Section 15. With the funds appropriated herein, it is the intention of the Legislature that the Mississippi Department of Revenue is authorized to reallocate forty-one (41) PINs at a total cost not to exceed Three Hundred Twenty Thousand Three Hundred Nineteen Dollars ($320,319.00) and award thirty (30) educational benchmarks at a total cost not to exceed Fifty-six Thousand Four Hundred Thirteen Dollars ($56,413.00).

Section 16. It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.

Section 17. It is the intention of the Legislature that the Department of Revenue shall have the authority to escalate and expend funds, which are comprised of special funds of the department, not to exceed Two Million Five Hundred Thirty-six Thousand Dollars ($2,536,000.00) or those funds available for the costs related to moving into the new Department of Revenue office facility. The escalation of those funds and/or related transfers shall be in accordance with procedures for federal fund escalations as provided in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of performing such duties as set forth by law in accordance with applicable rules and regulations of the State Fiscal Officer.

SECTION 10. Chapter 89, Laws of 2013, is amended as follows:

Section 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the Department of Human Services for the fiscal year beginning July 1, 2013, and ending June 30, 2014.... $ 144,771,847.00.

Section 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Department of Human Services which is comprised of special source funds collected by or otherwise available to the department for the support of the various divisions of the department, for the purpose of defraying the expenses of the department for the fiscal year beginning July 1, 2013, and ending June 30, 2014.........................................

.......................................... $ 1,344,711,976.00.

Section 3. None of the funds appropriated by this act shall be expended for any purpose that is not actually required or necessary for performing any of the powers or duties of the Department of Human Services that are authorized by the Mississippi Constitution of 1890, state or federal law, or rules or regulations that implement state or federal law.

Section 4. Of the funds appropriated under the provisions of Sections 1 and 2, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time............ 2,989

Part Time............ 1

Time-Limited: Full Time............ 826

Part Time............ 0

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; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the FY2014 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 any other requested action of the agency that has been specifically authorized by the Legislature.

Notwithstanding the above language in this section, the Department of Human Services may restructure and reorganize the Division of Family and Children's Services in order to satisfy the requirements outlined in the settlement agreement, judicial mandates or court orders of the Olivia Y lawsuit.

Section 5. It is the intention of the Legislature that the Department of Human Services 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 2013. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2015 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 2014 budget request process.

Section 6. Of the funds appropriated in Section 2, One Million Dollars ($1,000,000.00) shall be transferred to the Department of Health, Child Care Licensure Program from the Child Care Development Fund or other appropriate special fund. These funds are to be transferred to the Board of Health no later than July 31, 2013. The Department of Health shall make a complete accounting to the Department of Human Services detailing the uses of these funds in accordance with federal and state regulations.

Section 7. None of the above funds shall be used to hire employees under Personal Service Contracts except for Personal Service Contracts for the Division of Early Childhood Care and Development - Child Care and Division of Early Childhood Care and Development - Child Care Managers.

Section 8. The department is authorized to escalate, budget and expend special and/or federal funds received from any source to carry out the duties of the department in an amount not to exceed Twenty Million Dollars ($20,000,000.00). Such funds are to be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of performing such duties as set forth by law in accordance with applicable rules and regulations of the State Fiscal Officer.

Section 9. 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 10. The Department of Human Services 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 11. It is the intention of the Legislature that none of the funds provided herein shall be used to pay certain utilities for state furnished housing for any employees. Such utilities shall include electricity, natural gas, butane, propane, cable and phone services. Where actual cost cannot be determined, the agency shall be required to provide meters to be in compliance with legislative intent. Such state furnished housing shall include single-family and multi-family residences but shall not include any dormitory residences. Allowances for such utilities shall be prohibited.

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:

FY2014

Performance Measures Target

Support Services

Investigative Audits (Actions) 60

Special Investigations 51

Fraud Investigations (Actions) 796

Administrative Hearings 2,500

Subgrant Monitoring Visits 400

Aging & Adult Services

In-home Services (Persons) 17,391

Community Based Services (Persons) 15,118

Congregate Meals (Number of Meals) 4,046

Home-delivered Meals (Meals Delivered) 2,238,296

Boys & Girls Clubs

TANF Funds Provided to Boys

& Girls Clubs ($) 0.00

Child Support Enforcement

Number of Paternities Established 29,000

Number of Obligations Established 11,000

Total Collections ($) 334,027,500.00

Absent Parents Located (Individuals) 51,352

Community Services

Elderly Served by CSGB & LIHEAP 14,068

Number of Handicapped Served 15,592

Number of Household Achieving 1,243

Households Stabilized 18,727

Number of Households Weatherized 687

Early Childhood Care & Dev

Children & Youth Served (CCDGB) 34,395

Assistance Payments

Dollar Amount of Assistance ($) 1,700,000.00

Food Assistance

Average Monthly Households 316,000

Supplemental Nutrition Assistance

Program ($) 1,000,000,000.00

Tanf Work Program

TANF/Medicaid Households per Month 11,250

Work Program (Persons Served) 5,100

TANF Participation Rate (%) 50.00

Persons Employed 1,250

Family & Children's Services

Children in Agency Custody 3,560

Abuse & Neglect Investigations 22,008

Family Preservation - Child (Families) 120

Number of Licensed Foster Homes 1,600

Number of Finalized Adoptions 319

Social Services Block Grant

Clients Served, Family & Child Services 34,107

Clients Served, Youth Services 12,000

Clients Served, Aging & Adult Services 11,837

Youth Services

Community Services (Children Served) 12,000

Institutional Component (Children Served) 652

Number of Volunteers - Community Services 114

Children Placed in Alternative Placement 200

Children Diverted from Institutional (%) 60.00

Section 13. It is the intent of the Legislature that the Department of Human Services, Division of Child Support Enforcement, make a concentrated effort to increase collections of past due child support payments. On or before January 1, 2014, the Executive Director of the Department of Human Services shall submit a report to the Legislative Budget Office detailing year-to-date performance measures in the Child Support Enforcement Program compared with the prior year.

Section 14. It is the intention of the Legislature that the Department of Human Services shall have the authority to spend such additional funds as it shall receive from the federal government in incentives or the federal match on those incentives for the purpose of child support enforcement.

Section 15. Of the funds appropriated in Section 1, Two Hundred Fifty Thousand Dollars ($250,000.00) shall be transferred to the Juvenile Facility Monitoring Unit at the Department of Public Safety no later than July 31, 2013.

Section 16. Of the funds appropriated herein, an additional One Million Dollars ($1,000,000.00) of Special Funds to be transferred from the Division of Medicaid, are provided to fund the Home Delivered Meals Program in the Aging and Adult Services Division.

Section 17. Of the funds provided in Section 1, an amount not to exceed One Hundred Thousand Dollars ($100,000.00) is provided to fund the * * * Senior Olympics Program.

Section 18. Of the funds appropriated in this act, an amount not to exceed Fourteen Million Nine Hundred Fifty-nine Thousand Seven Hundred Seven Dollars ($14,959,707.00) shall be expended for the purpose of hiring new child protection workers to meet the requirements of the Olivia Y lawsuit settlement.

Section * * *18 19. 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 11. Section 8, Chapter 54, Laws of 2013, is amended as follows:

Section 8. With the funds herein appropriated, it is the intention of the Legislature that the agency is authorized to: (a) Reallocate positions in the Administrative Services Division not to exceed Forty-three Thousand Fourteen Dollars ($43,014.00) * * *,;

(b) Reclassify positions not to exceed One Hundred Eighty Thousand Eight Hundred Seventy-seven Dollars ($180,877.00),;

(d) Award special compensation not to exceed Thirty-four Thousand Six Hundred Twenty-seven Dollars ($34,627.00) * * *.; and

(e) Reallocate a Staff Officer II position (PIN 173) to Staff Officer III.

SECTION 12. This act shall take effect and be in force from and after its passage.

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Bill Text: MS HB580 | 2014 | Regular Session | Engrossed

Mississippi House Bill 580 (Prior Session Legislation)

House Bill 580

(As Passed the House)

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