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

House Bill 1645

(As Sent to Governor)

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   $    15,013,697.00.

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   

............................................ $   203,625,165.00.

     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 following amounts shall be expended for Salaries, Wages and Fringe Benefits ...........................

............................................  $   57,518,591.00.

  FUNDING:

General Funds........................... $    15,013,697.00

Special Funds............................    203,625,165.00

Total.............................. $   218,638,862.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........      992

Part Time...........       28

Time-Limited: Full Time...........      276

Part Time...........        4

     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.

     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 ensure 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.

     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.  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)                             76,844

     Processing Time (Days)                                   85

Voc Rehab For The Blind

     Blind & Visually Impaired Served (Persons)            2,066

     Persons Rehabilitated (Number of)                       595

     Number Served, Independent Living                       858

Vocational Rehabilitation

     Clients Served (Number of)                           19,460

     Clients Rehabilitated (Number of)                     3,953

Spinal Cord & Head Injury Prg

     Clients Served (Number of)                              744

Special Disability Prg

     Clients Served (Number of)                            2,319

Administration

     Support Services as a % of Total Budget                1.22

     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 10.  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 11.  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 12.  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 13.  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 14.  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 15.  Of the funds appropriated herein, an additional One Million Dollars ($1,000,000.00) of Special Funds are provided to fund the Independent Living, Home and Community Based Medicaid Waiver Program in the Office of Special Disability Programs.

     SECTION 16.  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 17.  This act shall take effect and be in force from and after July 1, 2010.