MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Appropriations
By: Representative Stringer
AN ACT TO AMEND SECTION 5 OF CHAPTER 76, LAWS OF 2010, TO INCREASE THE NUMBER OF AUTHORIZED FULL-TIME PERMANENT POSITIONS FOR THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS FOR FISCAL YEAR 2011; TO AMEND SECTION 20 OF CHAPTER 76, LAWS OF 2010, TO CORRECT AN ERROR IN THE NUMBER OF AUTHORIZED FULL-TIME PERMANENT POSITIONS FOR THE BUREAU OF PARKS AND RECREATION OF THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS FOR FISCAL YEAR 2011; TO AMEND SECTION 3 OF CHAPTER 57, LAWS OF 2010, TO INCREASE THE NUMBER OF AUTHORIZED FULL-TIME PERMANENT POSITIONS FOR THE DIVISION OF MEDICAL EXAMINER OF THE DEPARTMENT OF PUBLIC SAFETY FOR FISCAL YEAR 2011; TO AMEND SECTIONS 3, 5 AND 11 OF CHAPTER 91, LAWS OF 2010, TO DECREASE THE AMOUNT OF SPECIAL FUNDS APPROPRIATED TO THE DIVISION OF MEDICAID FOR FISCAL YEAR 2011; TO AMEND SECTION 2 OF CHAPTER 62, LAWS OF 2010, TO INCREASE THE NUMBER OF AUTHORIZED FULL-TIME PERMANENT POSITIONS FOR THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2011; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 5 of Chapter 76, Laws of 2010, is amended as follows:
Section 5. Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits.................... $ 37,181,284.00
FUNDING:
General Funds........................... $ 6,618,268.00
Special Funds............................ 66,188,184.00
Total.............................. $ 72,806,452.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 708
Part Time........... 103
Time-Limited: Full Time........... 45
Part Time........... 0
With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2012 do not exceed Fiscal Year 2011 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2011 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to 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.
SECTION 2. Section 20 of Chapter 76, Laws of 2010, is amended as follows:
Section 20. Of the funds appropriated in Section 1, it is the intention of the Legislature that the following amount shall be available to defray the expenses of the Bureau of Parks and Recreation:
General Funds............................... $ 4,159,098.00
Of the positions authorized in Section 5, it is the intention of the Legislature that the following positions are provided to the Bureau of Parks and Recreation:
Permanent: Full Time................ 232
Part Time................. 88
Time-Limited: Full Time.................. 0
Part Time.................. 0
SECTION 3. Section 3 of Chapter 57, Laws of 2010, is amended as follows:
Section 3. Of the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be provided for purposes of expenditure and authorized positions:
DIVISION OF MISSISSIPPI HIGHWAY SAFETY PATROL
Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits....................................... $ 53,901,192.00
FUNDING:
General Funds............................. $ 45,384,307.00
Special Funds............................. 31,283,237.00
Total................................ $ 76,667,544.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 910
Part Time........... 0
Time-Limited: Full Time........... 16
Part Time........... 3
DIVISION OF LAW ENFORCEMENT TRAINING ACADEMY
Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits...................................... $ 866,107.00
FUNDING:
General Funds............................ $ 470,560.00
Special Funds............................ 1,324,491.00
Total............................... $ 1,795,051.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 17
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
DIVISION OF SUPPORT SERVICES
Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits...................................... $ 4,567,239.00
FUNDING:
General Funds............................ $ 3,451,423.00
Special Funds............................ 5,176,247.00
Total............................... $ 8,627,670.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 62
Part Time........... 0
Time-Limited: Full Time........... 1
Part Time........... 0
DIVISION OF CRIME LABORATORIES
Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits...................................... $ 7,420,266.00
FUNDING:
General Funds............................ $ 6,974,749.00
Special Funds............................ 1,708,805.00
Total............................... $ 8,683,554.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 92
Part Time........... 0
Time-Limited: Full Time........... 8
Part Time........... 0
DIVISION OF MEDICAL EXAMINER
Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits...................................... $ 483,610.00
FUNDING:
General Funds............................ $ 446,885.00
Special Funds............................ 296,505.00
Total............................... $ 743,390.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 5
Part Time........... 0
Time-Limited: Full Time........... 2
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
OFFICE OF PUBLIC SAFETY PLANNING
Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits...................................... $ 2,126,055.00
FUNDING:
General Funds............................ $ 363,536.00
Special Funds............................ 32,599,230.00
Total............................... $ 32,962,766.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 9
Part Time........... 0
Time-Limited: Full Time........... 30
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
OFFICE OF LAW ENFORCEMENT STANDARDS AND TRAINING
Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits....................................... $ 304,504.00
FUNDING:
General Funds............................. $ 0.00
Special Funds............................. 2,412,028.00
Total................................ $ 2,412,028.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 6
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
BOARD OF EMERGENCY TELECOMMUNICATIONS
Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits...................................... $ 101,325.00
FUNDING:
General Funds............................ $ 0.00
Special Funds............................ 541,810.00
Total............................... $ 541,810.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 2
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
COUNCIL ON AGING
Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits...................................... $ 108,832.00
FUNDING:
General Funds............................ $ 0.00
Special Funds............................ 402,661.00
Total............................... $ 402,661.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 2
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
COUNTY JAIL OFFICER STANDARDS AND TRAINING BOARD
Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits...................................... $ 52,287.00
FUNDING:
General Funds............................ $ 0.00
Special Funds............................ 362,235.00
Total............................... $ 362,235.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 1
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
OFFICE OF HOMELAND SECURITY
Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits....................................... $ 959,986.00
FUNDING:
General Funds........................... $ 164,162.00
Special Funds........................... 20,528,876.00
Total.............................. $ 20,693,038.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 11
Part Time........... 0
Time-Limited: Full Time........... 5
Part Time........... 0
BUREAU OF NARCOTICS
Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits..................................... $ 10,403,325.00
FUNDING:
General Funds........................... $ 10,782,361.00
Special Funds........................... 1,793,814.00
Total.............................. $ 12,576,175.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 152
Part Time........... 0
Time-Limited: Full Time........... 15
Part Time........... 0
JUVENILE FACILITY MONITORING UNIT
Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits..................................... $ 160,630.00
FUNDING:
General Funds........................... $ 102,098.00
Special Funds........................... 246,289.00
Total.............................. $ 348,387.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited: Full Time........... 3
Part Time........... 0
With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2012 do not exceed Fiscal Year 2011 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2011 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2011 appropriations for "Personal Services" when annualized, with the exception of escalated funds. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2011 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.
Unless otherwise authorized in this act, no state agency shall take any action to promote or otherwise award salary increases through reallocation, reclassification, realignment, educational benchmark, career ladder, equity salary adjustment, or any other means to increase salaries of employees or positions unless specifically exempted by the following conditions: the award of teacher salary increments; the advancement of a trainee/cadet to the next level of a bona fide career ladder; the award of an educational benchmark for the attainment of a Certified Public Accountant License or higher level professional certification based on information provided to the State Personnel Board by the Legislative Budget Office; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the Fiscal Year 2011 promotional formula, whichever is less; the emergency appointment of nurses, pharmacists or other health care and child protection professionals at a salary to be determined by the State Personnel Board; or a new hire associated with the American Recovery and Reinvestment Act of 2009. All positions supported by funds available through the American Recovery and Reinvestment Act of 2009 shall be designated as time-limited positions.
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
SECTION 4. Section 3 of Chapter 91, Laws of 2010, is amended as follows:
Section 3. 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 Governor's Office - Division of Medicaid which is comprised of special source funds collected by or otherwise available to the commission, for the purpose of providing medical assistance under the Mississippi Medicaid Law and defraying the expenses of the administration of such law, for the fiscal year beginning July 1, 2010, and ending June 30, 2011....... $4,291,013,045.00.
Prior period recovery of funds may be maintained and expended by the division when the recovery is received or finalized. Any recoveries due to audits or third party recoveries may be used to offset the cost of such audits and third party recoveries and as such, the division may escalate Contractual Services as needed for these purposes.
SECTION 5. Section 5 of Chapter 91, Laws of 2010, is amended as follows:
Section 5. Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits..................... $ 45,954,346.00.
FUNDING:
General Funds............................ $ 261,462,466.00
Special Funds............................ 4,745,279,771.00
Total............................... $5,006,742,237.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 947
Part Time........... 0
Time-Limited: Full Time........... 11
Part Time........... 0
With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2012 do not exceed Fiscal Year 2011 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2011 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to 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.
SECTION 6. Section 11 of Chapter 91, Laws of 2010, is amended as follows:
Section 11. Of the funds appropriated under the provisions of Section 3, One Hundred Ten Million Four Hundred Eight Thousand Three Hundred Twenty-eight Dollars ($110,408,328.00) shall be derived from the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972.
SECTION 7. Section 2 of Chapter 62, Laws of 2010, is amended as follows:
Section 2. The following offices are supported by the funds appropriated in Section 1: The Office of Administrative Services, the Office of Highways, the Office of Aeronautics and Rails and the Office of Enforcement. Of the funds appropriated under the provisions of Section 1, not more than the amounts set forth below shall be expended for Salaries, Wages and Fringe Benefits......................................
.............................................. $ 159,375,581.00.
AUTHORIZED POSITIONS:
Permanent: Full Time........... 3,466
Part Time........... 19
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 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.
SECTION 8. This act shall take effect and be in force from and after its passage.