MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Appropriations
By: Representatives Warren, Scott, Coleman (65th), Dedeaux, Eaton, Flaggs, Hamilton (109th), Hines, Holland, Malone, Middleton, Read, Reynolds, Stevens
AN ACT MAKING AN APPROPRIATION TO THE DEPARTMENT OF REHABILITATION SERVICES FOR FISCAL YEAR 2011.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
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 Rehabilitation Services for the fiscal year beginning July 1, 2010, and ending June 30, 2011 $ 15,935,866.00.
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 Rehabilitation Services which is comprised of special source funds collected by or otherwise available to the department for the support of the various offices of the department, for the purpose of defraying the expenses of the department for the fiscal year beginning July 1, 2010, and ending June 30, 2011
............................................ $ 184,967,777.00.
SECTION 3. Of the funds appropriated under the provisions of Section 2, Three Million Six Hundred Eighty-one Thousand Eight Hundred Two Dollars ($3,681,802.00) shall be derived from the Health Care Expendable Fund created in Section 43-13-407, Mississippi Code of 1972. The above funds shall be allocated as follows:
Fully match all available federal
Funds................................... $2,782,590.00
Independent Living Program which
includes the State Attendant
Care Program............................ $ 854,903.00
Deaf and hard of hearing..................... $ 44,309.00
SECTION 4. Of the funds appropriated under the provisions of Sections 1, 2 and 3, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:
OFFICE OF VOCATIONAL REHABILITATION
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 24,675,240.00
Travel and Subsistence.............. 954,000.00
Contractual Services..................... 4,376,591.00
Commodities.............................. 376,592.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 352,426.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 27,063,098.00
Total.............................. $ 57,797,947.00
FUNDING:
General Funds........................... $ 7,584,415.00
Special Funds............................ 50,213,532.00
Total.............................. $ 57,797,947.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 465
Part Time........... 5
Time-Limited: Full Time........... 90
Part Time........... 0
OFFICE OF DISABILITY DETERMINATION SERVICES
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 11,143,828.00
Travel and Subsistence.............. 225,000.00
Contractual Services..................... 9,051,964.00
Commodities.............................. 523,390.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 1,000,000.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 10,788,445.00
Total.............................. $ 32,732,627.00
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 32,732,627.00
Total.............................. $ 32,732,627.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 217
Part Time........... 3
Time-Limited: Full Time........... 65
Part Time........... 0
OFFICE OF VOCATIONAL REHABILITATION FOR THE BLIND
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 3,940,313.00
Travel and Subsistence.............. 176,514.00
Contractual Services..................... 853,130.00
Commodities.............................. 91,449.00
Capital Outlay:
Other Than Equipment................ 12,000.00
Equipment........................... 173,827.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 9,621,128.00
Total.............................. $ 14,868,361.00
FUNDING:
General Funds........................... $ 1,450,263.00
Special Funds............................ 13,418,098.00
Total.............................. $ 14,868,361.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 80
Part Time........... 0
Time-Limited: Full Time........... 4
Part Time........... 2
The Office of Vocational Rehabilitation for the Blind shall remain accredited by using not more than Five Hundred Dollars ($500.00) of the funds appropriated along with matching funds for payment of fees to an accreditation agency recommended by the Rehabilitation Services Administration.
OFFICE OF SUPPORT SERVICES
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 1,637,348.00
Travel and Subsistence.............. 75,000.00
Contractual Services..................... 239,583.00
Commodities.............................. 52,391.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 7,438.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 170,105.00
Total.............................. $ 2,181,865.00
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 2,181,865.00
Total.............................. $ 2,181,865.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 20
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
SPINAL CORD AND HEAD INJURY PROGRAM
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 1,286,767.00
Travel and Subsistence.............. 122,606.00
Contractual Services..................... 135,209.00
Commodities.............................. 42,629.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 22,215.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 29,474,406.00
Total.............................. $ 31,083,832.00
FUNDING:
General Funds........................... $ 2,804,674.00
Special Funds............................ 28,279,158.00
Total.............................. $ 31,083,832.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 34
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
SPECIAL DISABILITY PROGRAM
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 4,057,423.00
Travel and Subsistence.............. 262,527.00
Contractual Services..................... 772,150.00
Commodities.............................. 136,843.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 51,436.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 52,958,632.00
Total.............................. $ 58,239,011.00
FUNDING:
General Funds........................... $ 4,096,514.00
Special Funds............................ 54,142,497.00
Total.............................. $ 58,239,011.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 94
Part Time........... 0
Time-Limited: Full Time........... 9
Part Time........... 0
ESTABLISHMENT AND CONSTRUCTION GRANTS
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 4,000,000.00
Total.............................. $ 4,000,000.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
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.
It is the intention of the Legislature that the Executive Director of the Department of Rehabilitation Services may transfer between the various offices authorized herein both funds and positions not to exceed twenty-five percent (25%) of the receiving office in addition to any other transfers or escalations made in accordance with Section 27-104-17(3), Mississippi Code of 1972, Annotated. The Executive Director of the Department of Rehabilitation Services shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth of the month prior to the effective date of the transfer. It is further the intention of the Legislature that any transfers made under the provisions of this paragraph shall be of an emergency nature and that in no case shall the transfers be made which substantially alter the legislative intent for the various offices as set forth in the original appropriations made under this act.
SECTION 5. It is the intention of the Legislature that the Department of Rehabilitation 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 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 6. It shall be unlawful for any officer, employee or other person whatsoever to use or permit or authorize the use of any automobile or any other motor vehicle owned by the State of Mississippi or any department, agency or institution thereof for any purpose other than upon the official business of the State of Mississippi or any agency, department or institution thereof.
It is the intent of the Legislature that motor vehicles authorized to be owned and operated by this agency shall comply with Sections 25-1-77 through 25-1-93, Mississippi Code of 1972.
SECTION 7. Of the funds appropriated herein, the Mississippi Department of Rehabilitation Services through the Office of Vocational Rehabilitation for the Blind is authorized to expend an amount not to exceed One Hundred Thousand Dollars ($100,000.00) for the National Federation for the Blind (NFB) News line service to allow blind and visually impaired persons to access newspapers through toll-free telephone calls.
SECTION 8. 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 9. It is the intention of the Legislature that the Executive Director of the Department of Rehabilitation Services shall have the authority to transfer funds between the Office of Special Disability budget and the Spinal Cord and the Head Injury Trust Fund budget. The authority granted in this section shall be in addition to any other transfer authority granted by this appropriation or contained in state statute.
It is further the intention of the Legislature that the Executive Director of the Department of Rehabilitation Services shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth of the month prior to the effective date of the transfer.
SECTION 10. 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
Disability Determination
Dispositions (Number of) 82,395
Processing Time (Days) 85
Voc Rehab For The Blind
Blind & Visually Impaired Served (Persons) 2,100
Persons Rehabilitated (Number of) 597
Vocational Rehabilitation
Clients Served (Number of) 19,550
Clients Rehabilitated (Number of) 3,973
Spinal Cord & Head Injury Prg
Clients Served (Number of) 780
Special Disability Prg
Clients Served (Number of) 2,400
Administration
Percentage of Total Budget 1.17
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 11. Of the funds appropriated under the provisions herein, Two Million Sixty-one Thousand Six Hundred Eighty Dollars ($2,061,680.00) is anticipated to be derived from funds provided pursuant to the American Recovery and Reinvestment Act of 2009.
If the amount that ultimately becomes available for this agency from the American Recovery and Reinvestment Act of 2009 differs from the above stated amount, the agency shall immediately report the actual amount to the Legislative Budget Office and the agency may use the American Recovery and Reinvestment Act of 2009 escalation authorization contained within this act to increase the expenditure authority as necessary.
SECTION 12. It is the intention of the Legislature that the agency shall compile cell phone usage records of any cellular phone (wireless communication device) that is assigned, issued or made available to any officer or employee in accordance with Section 25-53-191, Mississippi Code of 1972, and these records shall be made publicly available at the expense of the agency.
SECTION 13. 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 14. 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 15. 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 such contract services to the Chairmen and members of the Senate and House Appropriations Committees.
SECTION 16. Notwithstanding any other provisions in this act, the Agency may escalate both budgetary authority and positions and any other necessary major objects in the Disability Determination budget only if and when the Social Security Administration assigns additional disability determination work to the Agency and these expenditures are funded with one hundred percent (100%) federal funds.
SECTION 17. 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 18. This act shall take effect and be in force from and after July 1, 2010.