SB3141_H_Cmte_Amend

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, 2004, and ending June 30, 2005..........

............................................ $ 39,363,200.00.

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, 2004, and ending June 30, 2005.................... $ 58,500,001.00.

SECTION 3. Of the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be expended for the purposes of expenditure:

DIVISION OF MISSISSIPPI HIGHWAY SAFETY PATROL

FUNDING:

General Funds........................... $ 28,754,510.00

Special Funds............................ 15,971,999.00

Total.............................. $ 44,726,509.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 843

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

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

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

DIVISION OF LAW ENFORCEMENT TRAINING ACADEMY

FUNDING:

General Funds........................... $ 556,114.00

Special Funds............................ 965,979.00

Total.............................. $ 1,522,093.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 19

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

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

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

It is the intention of the Legislature that all funds received as tuition fees, grants or donations by the Division of Law Enforcement Training Academy shall be deposited in a special fund in the State Treasury to be designated as "Law Enforcement Officers' Training Academy Fees and Donations Fund." It is further the intention of the Legislature that the Division of Law Enforcement Training Academy may increase fees at any time to offset any increases in operational costs.

DIVISION OF SUPPORT SERVICES

FUNDING:

General Funds........................... $ 5,299,834.00

Special Funds............................ 2,630,955.00

Total.............................. $ 7,930,789.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 96

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

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

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

DIVISION OF CRIME LABORATORIES

FUNDING:

General Funds........................... $ 4,112,206.00

Special Funds............................ 1,502,760.00

Total.............................. $ 5,614,966.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 81

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

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

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

DIVISION OF MEDICAL EXAMINER

FUNDING:

General Funds........................... $ 196,208.00

Special Funds............................ 132,689.00

Total.............................. $ 328,897.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 3

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

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

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

DIVISION OF PUBLIC SAFETY PLANNING

OFFICE OF PUBLIC SAFETY PLANNING

FUNDING:

General Funds........................... $ 444,328.00

Special Funds............................ 20,800,750.00

Total.............................. $ 21,245,078.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 12

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

Time-Limited:Full Time........... 13

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

DIVISION OF PUBLIC SAFETY PLANNING

OFFICE OF LAW ENFORCEMENT STANDARDS AND TRAINING

FUNDING:

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

Special Funds............................ 2,456,465.00

Total.............................. $ 2,456,465.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 8

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

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

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

DIVISION OF PUBLIC SAFETY PLANNING

BOARD OF EMERGENCY TELECOMMUNICATIONS

FUNDING:

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

Special Funds............................ 605,829.00

Total.............................. $ 605,829.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 3

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

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

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

DIVISION OF PUBLIC SAFETY PLANNING

COUNCIL ON AGING

FUNDING:

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

Special Funds............................ 649,990.00

Total.............................. $ 649,990.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 2

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

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

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

COUNTY JAIL OFFICER STANDARDS AND TRAINING BOARD

FUNDING:

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

Special Funds............................ 645,153.00

Total.............................. $ 645,153.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 2

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

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

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

OFFICE OF LAW ENFORCEMENT

FUNDING:

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

Special Funds............................ 12,137,432.00

Total.............................. $ 12,137,432.00

AUTHORIZED POSITIONS:

Permanent: Full Time......... 232

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 2006 do not exceed Fiscal Year 2005 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2006 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 2005 appropriation 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 2005 "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 funds authorized herein shall be used to fund all operations of the agency with the following prohibitions:

(1) The agency shall not fill any current or future vacant positions;

(2) The agency shall not take any action to promote or otherwise award salary increases through reallocation, reclassification, realignment, education benchmark, career ladder, or any other means to increase salaries of employees or positions except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(3) The agency shall not expend funds for out-of-state travel except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(4) The agency shall not expend funds for the purchase of or contract for cellular phones, two-way radios or pagers, except for support of employees in the Department of Public Safety and the Bureau of Narcotics as recommended by Information Technology Services or as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(5) The agency shall not expend funds to publish or distribute any annual reports or other publications;

(6) The agency shall not expend funds for public relation activities regarding the functions, programs or services of the agency except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(7) The agency shall not advertise the functions, programs or services of the agency except that the Mississippi Development Authority is authorized to expend funds for advertising to carry out the purposes of key programs administered by the authority;

(8) The agency shall not expend funds for staff development or training services;

(9) The agency shall not expend funds for the purchase of new or replacement equipment or furniture, excluding lease purchase payments on agreements in effect upon passage of this appropriation bill, except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session.

SECTION 5. It is the intention of the Legislature that none of the funds appropriated above shall be expended unless members of the Mississippi House of Representatives and Mississippi Senate are notified at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement or ceremony regarding the groundbreaking or opening of a facility, roadway or bridge for which the Legislature has made funds available. Any signage regarding any public event or any new facility, roadway or bridge shall include the following language: "Funds were made available for this project by the Mississippi State Legislature."

SECTION 6. It is the intention of the Legislature that the 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 2004. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2006 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 2005 budget request process.

SECTION 7. 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 8. The Commissioner of Public Safety shall have the authority to transfer State General Funds appropriated herein from any Division within the Department of Public Safety to any other Division within the Department of Public Safety between any major objects of expenditure, including but not limited to Salaries, Wages, and Fringe Benefits, not to exceed ten percent (10%).

SECTION 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 Funds 3711, 371C, 371E, 3713, 3714, 3715, 3740, 3741, 3742, 3744, 3747, 3718, 3811, and 3941, not to exceed Five Million Dollars ($5,000,000.00) collectively during Fiscal Year 2005.

SECTION 15. 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:

FY2005

Performance Measures Target

Enforcement

Increased Enforcement - Citations (%) 0.00

Decreased Fatalities (%) 0.00

Increased DUI Arrests - Inc Felony DUIs (%) 0.00

Criminal Investigations (Actions) 1,500

Driver Services

Driver's Licenses/ID Cards Issued (Items) 667,800

Cost per License Document Produced ($) 9.01

Drivers Suspended (Persons) 152,000

Accident Reports Processed (Actions) 65,900

Motor Veh Inspect Stickers Sold (Items) 1,970,000

Support Services

Training of Switch/Repository

Classes (Number of Classes) 24

Audit of User Agencies (Number) 100

Emergency Telecomm Tng

Emerg Telecomm Certified (Persons) 400

Certification Transactions (Actions) 1,200

Training Quality Monitoring (Actions) 30

Forensic Analysis

Reports Issued (Cases) 25,000

Court Testimonies (Cases) 500

Cost per Case Analyzed ($) 300

Cost per Testimony ($) 500

Dna Analysis

Known Sex Offender Samples (Items) 16,000

Proficiency Samples (Items) 300

Casework Samples Examined (Items) 1,500

Cost per Sample ($) 500

Training Academy

Basic Students to Graduate (Persons) 200

Basic Refresher Students to

Graduate (Persons) 60

In-Service & Advanced Students

to Graduate (Persons) 1,200

Forensic Pathology

Deaths Investigated (Actions) 16,300

Autopsies Performed at SME Office (Actions) 100

Cost per Autopsy Performed ($) 375

Jail Officer Training

County Jail Officers Certified (Persons) 350

Certification Transactions (Actions) 700

Law Enforcement Training

Basic Law Enforc Officers Certified (Persons) 450

Certification Transactions (Actions) 1,800

Training Quality Monitoring (Actions) 20

Public Safety Planning

Statewide Programs Supported (Programs) 360

Juvenile Jail Alternatives Dev (Alternatives) 25

Narcotics Units Established (Units) 17

Drug-Free Programs Impact (Persons) 100,000

Council On Aging

Number of Board Meetings (Meetings) 6

Establish TRIAD Programs (Programs) 10

Conduct Training Programs (Programs) 10

Provide On-Site Tech Assistance (Actions) 50

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 2006.

SECTION 16. It is the intention of the Legislature that all Fair Labor Standards Act (FLSA) non-exempt sworn officers who are working 171 hours in a 28-day work cycle 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".

SECTION 17. In accordance with Section 39 of House Bill No. 1279, 2004 Regular Session, there is created an Office of Law Enforcement in the Department of Public Safety for the purpose of enforcing the laws and regulations of the Mississippi Department of Transportation and Public Service Commission. The law enforcement duties of the Mississippi Department of Transportation and the Public Service Commission shall be transferred to the Department of Public Safety on July 1, 2004.

The Public Service Commission shall transfer all employees, equipment, inventory and resources of the commission employed and used as law enforcement personnel to the Department of Public Safety on July 1, 2004. The transfer of personnel shall be commensurate with the number and classification of positions allocated to that law enforcement. The transfer also shall include direct support, clerical, data processing and communications positions allocated to that enforcement.

The Mississippi Department of Transportation shall transfer all employees, equipment, inventory and resources of the department employed and used as law enforcement personnel to the Department of Public Safety on July 1, 2004. The transfer of personnel shall be commensurate with the number and classification of positions allocated to that law enforcement. The transfer also shall include direct support, clerical, data processing and communications positions allocated to that enforcement.

SECTION 18. Of the funds appropriated in Section 2 and authorized for expenditure in Section 3 for the Office of Law Enforcement, Four Million Seventy-three Thousand Fourteen Dollars ($4,073,014.00) shall be provided from Fund No. 3811.

SECTION 19. Of the funds appropriated in Section 2 and authorized for expenditure in Section 3 for the Office of Law Enforcement, Eight Million Sixty-four Thousand Four Hundred Eighteen Dollars ($8,064,418.00) shall be provided from Fund No. 3941.

SECTION 20. Of the funds appropriated under the provisions of Section 2, Five Million Dollars ($5,000,000.00) shall be derived from the Budget Contingency Fund, as created in Section 27-103-301, Mississippi Code of 1972, of which Four Million Dollars ($4,000,000.00) shall be used to defray the expenses of the Division of Mississippi Highway Safety Patrol and One Million Dollars ($1,000,000.00) shall be used to defray the expenses of the Division of Support Services.

SECTION 21. 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 22. This act shall take effect and be in force from and after July 1, 2004.