MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Constitution
By: Representative Wilson
AN ACT TO AMEND SECTIONS 1-1-107, 5-1-47, 5-1-51, 7-11-25, 25-3-40, 27-3-2, 27-4-1, 27-103-113, 27-103-123, 27-103-125, 27-103-127, 27-103-129, 27-103-135, 27-103-139, 27-103-153, 27-103-159, 27-103-203, 27-103-211, 27-103-213, 27-104-9, 27-104-13, 27-104-17, 27-104-25, 27-104-205, 29-5-69, 37-35-11, 43-21-801 AND 43-21-803, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT BEGINNING IN 2024, THE LEGISLATURE SHALL MEET IN REGULAR SESSION ONCE EVERY TWO YEARS RATHER THAN ANNUALLY; TO PROVIDE THAT THE BIENNIAL SESSIONS OF THE LEGISLATURE SHALL LAST FOR 125 CALENDAR DAYS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 1-1-107, Mississippi Code of 1972, is amended as follows:
1-1-107. The joint committee shall have the following powers and duties:
(a) To select and
contract with a reputable and competent publishing company on * * * any terms and conditions and at * * * any prices as it may deem proper
for the editing, printing, indexing, annotating, binding and publishing of all
the acts of the Legislature passed since adjournment of the * * * 2024 Session of the Mississippi
Legislature and * * *
biennially thereafter, * * * however, the expenditure
of state funds shall be contingent upon the Legislature appropriating the
necessary funds therefor. Nothing in this act or in Chapter 502, Laws of 1996,
shall be construed to render invalid or impair the obligations of any contract
entered into on behalf of the State of Mississippi on or before September 30,
1988, and any revisions or modifications to * * * that contract other than extending
the contract beyond September 30, 1998, for any of the purposes set forth in
this act or in Chapter 502, Laws of 1996.
(b) To undertake * * * any substantive revisions,
recodifications and compilations of the Mississippi Code of 1972, and * * * later amendments * * * to the Mississippi Code of 1972,
as may be necessary or as may be directed by the Legislature.
(c) To formulate with the publishing company all the details associated with the codification of the laws enacted by the Mississippi Legislature.
(d) To review, approve
or disapprove the work of the publishing company in preparing, supplementing,
indexing or revising the Mississippi Code of 1972, or any volume, pocket part
or portion * * *
of the Mississippi Code of 1972.
(e) To grant exclusive
or nonexclusive publication and sales rights to the Mississippi Code of 1972,
and * * *
later amendments * * *thereto to the Mississippi Code of 1972, or portions
thereof to the publishing company.
(f) In its discretion, to seek the advice and assistance of members and committees of the Mississippi Bar Association.
(g) To provide for the preparation and introduction of legislation containing its recommendations for the revisions in substance and form or both, or the repeal or amendment of statutes or portions thereof.
(h) To provide for procedures for the implementation or execution of its powers and duties.
(i) To take such other action or exercise such additional powers as may be necessary or convenient to carry out the purposes of this chapter.
SECTION 2. Section 5-1-47, Mississippi Code of 1972, is amended as follows:
5-1-47. (1) In addition to the regular salary and mileage provided by law, an expense allowance equal to the maximum daily expense rate allowable to employees of the federal government for travel in the high rate geographical area of Jackson, Mississippi, as may be established by federal regulations for each legislative day in actual attendance at a session shall be paid to the Lieutenant Governor and members of the Senate and House of Representatives, together with an additional mileage allowance as provided by Section 25-3-41, for each mile of the distance by the most direct route usually traveled in coming to and returning from the place where the Legislature is in session, which expense allowance and additional mileage allowance shall be paid at the end of each seven-day period while the Legislature is in session.
(2) In addition to the mileage allowance provided for in subsection (1) of this section, an expense allowance equal to the maximum daily expense rate allowable to employees of the federal government for travel in the high rate geographical area of Jackson, Mississippi, as may be established by federal regulations, per day, shall be paid to:
(a) The Lieutenant
Governor and members of the Senate, upon the approval of the Senate Rules
Committee, for attending to legislative duties on any of the following days
that the Senate does not convene in session on that day: (i) any day between
legislative regular or extraordinary sessions, or (ii) any day of a legislative
regular session that has been extended beyond the number of calendar days
specified in Section 36, Mississippi Constitution of 1890, when that day falls
after the * * *
one-hundred-twenty-fifth day of the session, * * * or (iii) any day during a
legislative extraordinary session; and
(b) Members of the
House of Representatives, upon the approval of the House Management Committee,
for attending to legislative duties on any of the following days that the House
does not convene in session on that day: (i) any day between legislative
regular or extraordinary sessions, or (ii) any day of a legislative regular
session that has been extended beyond the number of calendar days specified in
Section 36, Mississippi Constitution of 1890, when that day falls after the * * * one-hundred-twenty-fifth day of
the session, * * * or (iii) any day during a legislative extraordinary
session.
(3) The expense allowance
and additional mileage allowance provided by this section for the Lieutenant
Governor and members of the Senate shall be paid from the appropriate
legislative fund of the Senate as provided by law, and the expense allowance
and additional mileage allowance for members of the House of Representatives
shall be paid from the appropriate legislative fund of the House of
Representatives as provided by law, upon warrants drawn for * * * that purpose in the manner provided
by law.
SECTION 3. Section 5-1-51, Mississippi Code of 1972, is amended as follows:
5-1-51. The mileage and one-third
(1/3) of the salary for a regular session shall be paid at the beginning of the
session. After thirty (30) days of the session have expired, another one-third
(1/3) of the salary shall be paid. The remaining one-third (1/3) of the salary
shall be paid * * *
on the earlier of the last day the Legislature is convened or the last Friday
before the one-hundred-twenty-fifth day of * * *
the session, as the case may be.
SECTION *. Section 7-11-25, Mississippi Code of 1972, is amended as follows:
7-11-25. The Secretary of
State shall make a report to the Legislature at each regular session of all the
business transactions in the Secretary of State's office pertaining to public
lands for the two (2) preceding fiscal years. He or she shall
state * * *
in the report the monthly sale of land, of what class and where
situated, amount of purchase-money received for each, the totals of his or
her monthly reports to the auditor of fees collected; and he or she
shall make * * *
any recommendations as may seem proper.
SECTION 5. Section 25-3-40, Mississippi Code of 1972, is amended as follows:
25-3-40. On July 1, * * * 2024, and * * * biennially thereafter, the
Mississippi Compensation Plan shall be amended to provide salary increases in * * * any amounts and percentages as
might be recommended by the Legislative Budget Office and as may be authorized
by funds appropriated by the Legislature for the purpose of granting incentive
salary increases as deemed possible dependent upon the availability of general
and special funds.
* * * The
Mississippi Legislature * * *to shall implement the minimum wage as enacted by
statutory law of the United States Congress subject to funds being available
for that purpose. * * * Annual salary
increases shall be maximized consistent with the availability of funds
as might be determined by the Mississippi Legislature at its regular * * * biennial session and that all
salary increases hereafter be made consistent with the provisions of this
section.
SECTION 6. Section 27-3-2, Mississippi Code of 1972, is amended as follows:
27-3-2. (1) No person
appointed by the Governor as Commissioner of Revenue under the terms of Section
27-3-1 shall be eligible to take office unless his or her name * * * has been submitted to the
Mississippi Senate for its advice and consent at least thirty (30) days * * * before the scheduled
adjournment of the regular session of the Legislature being held in the
calendar year in which the term of the office of the incumbent * * * expires. However, if the term
of the office of the incumbent expires during a year in which the Legislature
does not meet, the name shall be submitted to the Mississippi Senate for its
advice and consent within ten (10) days after the beginning of the next regular
session of that body.
(2) As to the appointment of the Commissioner of Revenue under Section 27-3-1 for the term that begins on July 1, 2010, and expires on June 30, 2016, for purposes of subsection (1) of this section, the Chairman of the State Tax Commission whose term expires on June 30, 2010, shall be deemed to be the incumbent of this position and shall serve as the Commissioner of Revenue until the person appointed by the Governor to fill this term has been appointed and qualified.
(3) If for any reason an appointment by the Governor under Section 27-3-1 is not given the advice and consent of the Mississippi Senate prior to the adjournment of such regular session, the Governor may submit another appointment at any time to the Mississippi Senate for its advice and consent at a regular or extraordinary session of the Legislature.
(4) The prohibition contained in subsection (1) of this section shall not apply when a vacancy shall occur by death or resignation of the incumbent.
SECTION 7. Section 27-4-1, Mississippi Code of 1972, is amended as follows:
27-4-1. (1) The Board of Tax Appeals is established as an independent agency which shall not in any way be subject to the supervision or control of the Department of Revenue.
(2) The Board of Tax Appeals shall consist of three (3) members: a chairman and two (2) associate members. Except as provided in subsection (5) of this section, the chairman and associate members shall be appointed by the Governor with the advice and consent of the Senate. Each member of the board shall be a qualified elector, shall have at least a bachelor's degree from an accredited college or university, and shall possess a special knowledge of taxation and revenue in the State of Mississippi. The members of the Board of Tax Appeals, while holding office, shall not engage in any other occupation or business interfering with or inconsistent with their official duties on the board.
(3) The initial term of the Chairman of the Board of Tax Appeals shall begin on July 1, 2010, and expire on June 30, 2016. The initial term of one (1) associate member of the board shall expire June 30, 2012. The initial term of the other associate member shall expire June 30, 2014. Upon the expiration of the initial terms, the term of office of each member shall be for six (6) years, or until his or her successor is appointed and qualified. The Governor shall include in his or her appointment of the chairman and associate members the expiration date of each appointment. Vacancies shall be filled by the Governor for the unexpired portion of the term in which the vacancy occurs.
(4) No person appointed by
the Governor to the Board of Tax Appeals shall be eligible to take office
unless his or her name shall have been submitted to the Mississippi Senate
for its advice and consent at least thirty (30) days * * * before the scheduled
adjournment of the regular session of the Legislature being held in the
calendar year in which the term of the office of the incumbent * * * expires * * *. However, if the term of the
office of the incumbent expires during a year in which the Legislature does not
meet, the name shall be submitted to the Mississippi Senate for its advice and
consent within ten (10) days after the beginning of the next regular session of
that body. If for any reason an appointment is not given the advice
and consent of the Mississippi Senate * * * before the adjournment of such
regular session, the Governor may submit another appointment at any time to the
Mississippi Senate for its advice and consent at a regular or extraordinary
session of the Legislature. The foregoing prohibition shall not apply when a
vacancy shall occur by death or resignation of the incumbent.
(5) On July 1, 2010, the Associate Commissioner of the State Tax Commission whose appointment as associate commissioner has an expiration date of June 30, 2012, shall fill the position of the associate member of the Board of Tax Appeals whose term expires on June 30, 2012. On July 1, 2010, the Associate Commissioner of the State Tax Commission whose appointment as associate commissioner has an expiration date of June 30, 2014, shall fill the position of the associate member of the Board of Tax Appeals whose term expires on June 30, 2014. This change of positions from an Associate Commissioner of the State Tax Commission to an associate member of the Board of Tax Appeals shall be treated as a continuation of the same appointment without the need for an additional appointment by the Governor or the advice and consent of the Senate.
(6) Each member of the Board of Tax Appeals shall, before entering upon the discharge of the duties of his or her office, take and subscribe to the oath of office prescribed by the Constitution and shall file the oath in the Office of the Secretary of State, and each member, including the chairman, shall execute a bond in some surety company authorized to do business in the state, to be approved by the Governor, and filed in the Office of the Secretary of State in the penal sum of Fifty Thousand Dollars ($50,000.00), conditioned for the faithful and impartial discharge of the duties of his or her office. The premium on the bonds shall be paid as provided by law out of funds appropriated to the Board of Tax Appeals.
(7) The members of the Board of Tax Appeals are not subject to removal from office other than by impeachment or by removal from office as provided for under Section 25-5-1, except that in addition to such impeachment and removal, a member of the Board of Tax Appeals may also be removed from office for a criminal conviction for violating the Internal Revenue Code.
(8) It is the duty of the Department of Finance and Administration to provide suitable and adequate quarters and equipment for the Board of Tax Appeals, for the executive director and employees of the board and for filing their records, books and papers.
(9) The members of the Board of Tax Appeals shall receive an annual salary fixed by the State Personnel Board. The actual traveling expenses of the board members, the executive director of the board and the employees of the board incurred in the performance of their official duties shall be allowed, and such salaries and expenses shall be payable out of funds appropriated for the expenses of the Board of Tax Appeals.
SECTION 8. Section 27-103-113, Mississippi Code of 1972, is amended as follows:
27-103-113. It shall be the
duty of the Legislative Budget Office to prepare an overall balanced budget of
the entire expenses and income of the state for each * * * biennium, which budget shall
encompass the operations of all general-fund agencies and all special-fund
agencies and the Mississippi Department of Transportation and the Division of
State Aid Road Construction of the Mississippi Department of Transportation.
Beginning with the 1996 fiscal year, * * * the budget shall be prepared in a
format which will include performance measurement data associated with the
various programs operated by each agency. * * * The overall budget shall be
completed * * *
before December 15 before the convening of the Legislature at the
regular session.
SECTION 9. Section 27-103-123, Mississippi Code of 1972, is amended as follows:
27-103-123. Part 1 of the overall budget shall include
therein the requested budget and the recommended budget for each
general fund agency and the proposed revenue by means of which the
recommended appropriations can be met.
The overall budget shall show, for each general fund agency,
in addition to such other information as may be prescribed by the
Legislative Budget Office, the following:
(a) The amount appropriated from the General Fund for
the current * * * biennium, all special funds
receipts already collected and available in the current * * * biennium, and an estimate of
all special funds which will be collected, or otherwise will become available,
by the end of the then current * * * biennium;
(b) The estimated amount of all expenditures to be made
or obligations to be incurred payable from general or special
funds during the then current * * * biennium;
(c) The estimated aggregate amount of funds which will
be needed by the agency for the
succeeding * * *
biennium; beginning with the * * * 2024 biennium and in
the event that any services proposed to be provided by the agency in the
succeeding * * *
biennium are Medicaid reimbursable, any state general matching funds
necessary for such reimbursements shall be included in the agency's proposed
budget, and the appropriation to the Division of Medicaid in the * * * 2024 biennium shall be
adjusted accordingly;
(d) The estimated aggregate amount of special funds, if
any, which will be available
during the succeeding * * * biennium, including any balances which will be on hand
at the close of the then current * * * biennium;
(e) The estimated amount which will be needed and which
will require change in existing law or laws;
(f) If any new item of expense is included in the proposed budget of any general fund agency, the reason therefor shall be given; and in any case where the Legislative Budget Office shall eliminate or reduce any item or items in the budget request of any general fund agency, it shall note briefly the reasons therefor, together with the reasons advanced by the agency in support of the item or items eliminated or reduced.
SECTION 10. Section 27-103-125, Mississippi Code of 1972, is amended as follows:
27-103-125. The proposed
budget of each state agency shall show the amounts required for operating
expenses separately from the amounts required for permanent improvements. The
overall budget shall show, separately by each source, the estimated amount of
general fund revenue and of special fund revenues of general fund agencies.
The total proposed expenditures in Part 1 of the overall budget shall not
exceed the amount of estimated revenues that will be available in the general
and special funds for appropriation or use during the succeeding * * * biennium, including any
balances other than unencumbered balances in general funds that will be on hand
in the general and special funds at the close of the then current * * * biennium. The total
proposed expenditures from the State General Fund in Part 1 of the overall
budget shall not exceed ninety-eight percent (98%) of the amount of general
fund revenue estimate for the succeeding * * * biennium. However, for
fiscal years 2010, 2011, 2012, 2016 and 2017 only, the total proposed
expenditures from the State General Fund in Part 1 of the overall budget shall
not exceed one hundred percent (100%) of the amount of the general fund revenue
estimate for the succeeding fiscal year, and for fiscal year 2018, the total
proposed expenditures from the State General Fund in Part 1 of the overall
budget shall not exceed ninety-nine percent (99%) of the amount of general fund
revenue estimate for the succeeding fiscal year. The general fund revenue
estimate shall be the estimate jointly adopted by the Governor and the Joint
Legislative Budget Committee. The Legislative Budget Office may recommend
additional taxes or sources of revenue if in its judgment those additional
funds are necessary to adequately support the functions of the state
government.
SECTION 11. Section 27-103-127, Mississippi Code of 1972, is amended as follows:
27-103-127. To the end that the overall budget shall present in comparable terms a complete summary of all financial operations of all state agencies, Part 2 of the overall budget shall include therein the requested budget and the recommended budget for each special fund agency. The overall budget shall show for each special fund agency, in addition to such other information as may be prescribed by the Legislative Budget Office, the following:
(a) The amount by
source of all special fund receipts collected or otherwise available in the
current fiscal year, and an estimate by source of all special funds which will
be collected or become available by the end of the then current * * * biennium;
(b) The estimated
amount of all expenditures to be made or obligations to be incurred payable
from such special funds during the then current * * * biennium;
(c) The estimated
aggregate amount of special funds which will be needed by the agency for the
succeeding * * *
biennium; beginning with the * * * 2024 biennium and in
the event that any services proposed to be provided by the agency in the
succeeding * * *
biennium are Medicaid reimbursable, any state general matching funds
necessary for such reimbursement shall be included in the agency's proposed
budget, and the appropriation to the Division of Medicaid in the * * * 2024 biennium shall be
adjusted accordingly;
(d) The estimated
amount by source of special funds which will be available under existing laws
during the succeeding * * * biennium, including any balances which will be on hand
at the close of the then current * * * biennium;
(e) The estimated amount which will be needed and which will require change in existing law or laws;
(f) If any new item of expense is included in the proposed budget of any special fund agency, the reason therefor shall be given; and in any case where the Legislative Budget Office shall eliminate or reduce any item or items in the proposed budget of any special fund agency, it shall note briefly the reasons therefor, together with the reasons advanced by the agency in support of the item or items eliminated or reduced;
(g) The proposed budget of each special fund agency shall show the amounts required for operating expenses separately from the amounts required for permanent improvements.
Proposed expenditures for any agency in Part 2 of the overall budget shall not exceed the amount of estimated revenues which will be available to it. Provided, that the Legislative Budget Office may recommend changes in existing law so as to decrease or increase the revenues available to any agency if in its judgment such changes are necessary or desirable.
Provided further, that expenditures approved or authorized by the Legislature for any special fund agency or special funds approved for general fund agency shall constitute a maximum to be expended or encumbered by such agency, and shall not constitute authority to expend or encumber more than the amount of revenue actually collected or otherwise received.
No special fund agency or general fund agency shall make expenditures from special funds available to such agency unless such expenditures are set forth in a budget approved by the Legislature. Such legislative approval shall be set forth in an appropriation act. Provided, however, that special funds derived from the collection of taxes for any political subdivision of the state shall be excepted from the foregoing provisions. The executive head of the state agency shall be liable on his official bond for expenditures or encumbrances which exceed the total amount of the budget or the amount received if receipts are less than the approved budget.
Provided, however, that each
university and college shall submit through the Board of Trustees of State
Institutions of Higher Learning * * * a biennial budget to
the Legislative Budget Office prior to the beginning of each * * * biennium with such
information and in such form, and in such detail, as may be required by the
Legislative Budget Office. If the Legislative Budget Office determines that
sufficient funds will be available during the * * * biennium to fund the
proposed budget as submitted, then and in that event the proposed budget shall
be approved. However, if the Legislative Budget Office determines that, in its
judgment, sufficient funds will not be available to fund the proposed budget,
the affected institution or institutions and the Board of Trustees of State
Institutions of Higher Learning shall be promptly notified and given an
opportunity to either justify the proposed budget or proposed amendments which
can be mutually agreed upon. The Legislative Budget Office shall then approve
the proposed budget or budgets of the several universities and colleges. The
total amount approved for each institution shall constitute the maximum funds
which may be expended during the * * * biennium.
The municipal, county or combined municipal and county port and harbor commissions, authorities or other port or harbor agencies not owned or operated by the state, shall submit annual or amended budgets of their estimated receipts and expenditures to the governing bodies of such municipality, county or municipality and county, for their approval, and a copy of such budget as approved by such governing body or bodies shall be filed with the Legislative Budget Office. Such budget shall itemize all estimated receipts and expenditures, and the Legislative Budget Office may require particularization, explanation or audit thereof, and shall report such information to the Legislature.
To the end that the overall
budget shall present in comparable terms a complete summary of all financial
operations of all state agencies, Part 3 of such overall budget shall consist
of an estimated preliminary annual budget of the Department of Transportation
and the Division of State Aid Road Construction of the Department of
Transportation and such information for the current * * * biennium as is necessary to
make presentation comparable to that specified for Part 2 special fund agencies.
The annual budget request of the Department of Transportation
shall be divided into the following program budgets: (a) administration and other expenses, (b) construction, (c) maintenance, and (d) debt service. In making its annual appropriation to the Department of Transportation from the State Highway Fund, the Legislature shall separate the appropriation bill into the four (4) program budget areas herein specified. For the purposes of this paragraph, "administration and other expenses" shall be construed to mean those expenses incurred due to departmental support activities which cannot be assigned to a specific construction or maintenance project, and shall be construed to include expenses incurred for office machines, furniture, fixtures, automobiles, station wagons, truck and other vehicles, road machinery, farm equipment and other working equipment, data processing and computer equipment, all other equipment, and replacements for equipment. "Construction" shall be construed to mean those expenses associated with the creation and development of the state highway system and its related facilities; "maintenance" shall be construed to mean those expenses incurred due to activities associated with preservation of safe and aesthetically acceptable highways in an attempt to maintain them in as close to the original condition as possible; and "debt service" shall be construed to mean amounts needed to pay bonds and interest coming due, bank service charges, and bond debt service.
SECTION 12. Section 27-103-129, Mississippi Code of 1972, is amended as follows:
27-103-129. (1) To enable the Legislative Budget Office to prepare such budget, it shall have full and plenary power and authority to require all general-fund and special-fund agencies and the Mississippi Department of Transportation and the Division of State Aid Road Construction of the Mississippi Department of Transportation to file a budget request with such information and in such form and in such detail as it may deem necessary and advisable, and it shall have the further power and authority to reduce or eliminate any item or items of requested appropriation by any state agency in the Legislative Budget Office's recommended budget to the Legislature. However, where any item of requested appropriation shall be so reduced or eliminated, the head of the agency involved shall have the right to appear before the appropriate legislative committee to urge a revision of the budget to restore the item reduced or eliminated. The budget requests shall include a definition of the mission of the agency, a description of the duties and responsibilities of the agency, financial data relative to the various programs operated by the agency and performance measures associated with each program of the agency. The performance measures to be contained within the agency budget request shall be developed by cooperative efforts of the Legislative Budget Office, the Department of Finance and Administration and the agency itself and shall be approved jointly by the Legislative Budget Office and the Department of Finance and Administration prior to inclusion within the agency budget request. The budget requests shall also include in an addendum format a five-year strategic plan for the agency which shall include, but not be limited to, the following items of information:
(a) A comprehensive mission statement,
(b) Performance effectiveness objectives for each program of the agency for each of the five (5) years covered by the plan,
(c) A description of significant external factors which may affect the projected levels of performance,
(d) A description of the agency's internal management system utilized to evaluate its performance achievements in relationship to the targeted performance levels,
(e) An evaluation by
the agency of the agency's performance achievements in relationship to the
targeted performance levels for the * * * preceding * * * biennium for which
accounting records have been finalized.
(2) All agencies enumerated
in subsection (1) of this section shall include in their budget requests the
following information regarding contract workers for the most recently
completed * * *
biennium:
(a) The name of each worker;
(b) The specific type of services provided;
(c) Hourly rate of compensation, or the basis for compensation if a rate other than the hourly rate is used;
(d) Total gross salary or wages paid; and
(e) Whether the worker is a retired member of the Public Employees' Retirement System.
(3) (a) In addition to any other information required by law, each state agency, general-fund agency and special-fund agency, as defined in Section 27-103-103, desiring to purchase any vehicle as defined by this section shall submit as part of its budget request to the Legislative Budget Office and the Department of Finance and Administration a detailed justification for the proposed purchase. The Legislative Budget Office and the Department of Finance and Administration shall jointly prescribe the forms and formats to be used by agencies making the requests. Such forms shall require, at minimum, the following information:
(i) The kind of vehicle to be purchased;
(ii) The person to whom the vehicle will be assigned and the employment responsibilities of that person which necessitate a state-owned vehicle;
(iii) Whether the vehicle is a work vehicle or passenger vehicle; and
(iv) If the vehicle is assigned to a pool and not an individual, the purposes for which the pool vehicle is assigned and the names of the anticipated users of the pool vehicle.
(b) The Legislative Budget Office and the Department of Finance and Administration shall offer a recommendation to the Joint Legislative Budget Committee on all agency requests for vehicles. In making the recommendation, the Legislative Budget Office and the Department of Finance and Administration may consider break-even analyses for the kind of vehicle requested, the travel patterns of the person for whom the vehicle shall be acquired, and shall determine if there exists surplus vehicles in the possession of other agencies that could be used as a substitute for a new vehicle and why such vehicle should not be used. The purchase of vehicles by an agency shall be a specific line item in the agency's appropriation bill.
(c) If an agency determines that an urgent need exists for a vehicle when it is not feasible to obtain prior legislative approval, the agency may make an emergency request to the Bureau of Fleet Management. Any emergency determination shall be made only upon the existence of extraordinary circumstances. The Bureau of Fleet Management shall make a recommendation to the Executive Director of the Department of Finance and Administration and shall give notification of such recommendation to the Lieutenant Governor, the Speaker of the House and the Chairmen of the Senate and House of Representatives Appropriations Committees. The Executive Director of the Department of Finance and Administration shall have the final authority to approve or disapprove the emergency request. The executive director must set forth specific reasons for approval which shall be a public record. If approved and if adequate funding is available, the agency may purchase a specific vehicle to meet its specific emergency needs. The Bureau of Fleet Management shall report any emergency purchase to the Legislative Budget Office. Any such vehicle shall be subject to the same rules and regulations as provided for nonemergency vehicles.
(d) For purposes of subsections (3) and (4) of this section, the term "passenger vehicle" shall mean a vehicle used primarily in transporting agency personnel and the agency's equipment from one location to another. This term shall include only those vehicles for which a license plate or tag is required under Chapter 19, Title 27, Mississippi Code of 1972.
(e) For purposes of subsections (3) and (4) of this section, the term "work vehicle" shall mean a vehicle used primarily to perform a work assignment or task while incidentally transporting agency personnel and agency equipment from one location to another. This term shall include only those vehicles for which a license plate or tag is required under Chapter 19, Title 27, Mississippi Code of 1972.
(4) All state agencies, special-fund agencies and general-fund agencies making budget requests under the authority of this section shall include with their budget requests a report of all passenger and work vehicles in their possession. Such report shall detail the persons to whom the vehicles are assigned and the purposes for the vehicles.
(5) Subsections (3) and (4) of this section shall not apply to any vehicle assigned to a sworn officer of the Department of Public Safety and used in undercover operations.
(6) The provisions of subsections (3) and (4) of this section shall not apply to any state institution of higher learning.
(7) The purchase of wireless communication devices as defined in Section 25-53-191 by any state agency, special-fund agency or general-fund agency making budget requests under the authority of this section shall be a specific line item in the agency's appropriation bill.
(8) (a) Beginning with the * * * 2024 biennium budget
submission, the Legislative Budget Office shall * * * biennially publish on its
website all budget requests submitted under the authority of this section by
state agencies, special-fund agencies and general-fund agencies and shall
include all budget units for which budget requests are submitted.
(b) Beginning with the * * * 2024 biennium budget
submission, any state agency, special-fund agency and general-fund agency
making a budget request under the authority of this section shall * * * biennially publish on its
agency website a copy of the budget request that it submitted.
SECTION 13. Section 27-103-135, Mississippi Code of 1972, is amended as follows:
27-103-135. (1) At such
regular or special times and on such forms as the Legislative Budget Office may
require, every tax or fee-collecting or other revenue-producing agency shall
furnish the Legislative Budget Office with complete and detailed information as
to the amount of revenue collected or otherwise received by it during the then
current * * *
biennium, together with an estimate of the revenue that is anticipated
for such succeeding periods as the Legislative Budget Office may require. In
addition, each state agency that maintains funds in accounts that are not in
the State Treasury shall furnish the Legislative Budget Office with detailed
information about the amount of those funds that the agency has on hand and the
location of those funds.
(2) At such regular or
special times and on such forms as the State Fiscal Officer may require, every
tax or fee-collecting or other revenue-producing agency shall furnish the
Department of Finance and Administration with complete and detailed information
as to the amount of revenue collected or otherwise received by it during the
then current * * * biennium, together with an estimate of the revenue that
is anticipated for such succeeding periods as the board may require. The
information required to be furnished under this section shall include all
revenues from every fee, penalty, tax, assessment or other charge levied,
whether authorized by law or not, and shall further include an itemized
statement by the agency of the costs of services for which fees are charged,
comparing the costs with revenues generated by the fees.
(3) The State Fiscal Officer shall review the information so furnished and report to the Legislature any fees that do not appear to be reasonably calculated to recover the costs of services for which the fees are charged, and any fees that are collected without legal authority.
SECTION 14. Section 27-103-139, Mississippi Code of 1972, is amended as follows:
27-103-139. On or before
November 15 preceding each regular session of the Legislature, except the first
regular session of a new term of office, the Governor shall submit to the
members of the Legislature, the Legislative Budget Office or the members-elect,
as the case may be, and to the executive head of each state agency a balanced
budget for the succeeding * * *fiscal biennium.
The budget submitted shall beprepared in a format that will include
performance measurement data associated with the various programs operated by
each agency. The total proposed expenditures in the balanced budget shall not
exceed the amount of estimated revenues that will be available for appropriation
or use during the succeeding * * * biennium, including any
balances other than unencumbered balances in general funds that will be on hand
at the close of the then current * * * biennium, as determined by
the revenue estimate jointly adopted by the Governor and the Legislative Budget
Committee. The total proposed expenditures from the State General Fund in the
balanced budget shall not exceed ninety-eight percent (98%) of the amount of
general fund revenue estimate for the succeeding * * * biennium. However, for
fiscal years 2010, 2011, 2012, 2016 and 2017 only, the total proposed
expenditures from the State General Fund in the balanced budget shall not
exceed one hundred percent (100%) of the amount of the general fund revenue
estimate for the succeeding fiscal year, and for fiscal year 2018, the total
proposed expenditures from the State General Fund in the balanced budget shall
not exceed ninety-nine percent (99%) of the amount of general fund revenue
estimate for the succeeding fiscal year. The general fund revenue estimate
shall be the estimate jointly adopted by the Governor and the Joint Legislative
Budget Committee.
The revenues used in
preparing the balanced budget shall be only those revenues that will be available
under the general laws of the state as they exist when the balanced budget is
prepared, and shall not include any proposed revenues that would become
available only after the enactment of new legislation. If the Governor has any
recommendations for additional proposed expenditures or proposed revenues that
are not included in * * *
the balanced budget, he or she shall submit those recommendations
in a supplement that is separate from * * * the balanced budget, and whenever
the Governor recommends any such additional proposed expenditures, he or she
also shall recommend proposed revenues that are sufficient to fund the
additional proposed expenditures, providing specific details regarding the
sources and the total amount of those proposed revenues.
The Governor may employ a
budget officer for the purpose of receiving information from the State Fiscal
Officer and preparing * * *
recommendations on the budget. If the Governor determines that information
received from the State Fiscal Officer is not sufficient to enable him or
her to prepare * * *
the budget recommendations, he or she may request an
appropriation from the Legislature to provide additional staff within the
Governor's office for that purpose. At the first regular session after his or
her election for Governor, the Governor shall submit any budget
recommendations plus the required revenue source recommendations no later than
January 31 of that year.
SECTION 15. Section 27-103-153, Mississippi Code of 1972, is amended as follows:
27-103-153. (1) Beginning
with the 1996 fiscal year, the appropriation bills enacted to provide funding
for each state agency or institution shall include performance targets for each
performance measure established for each program within each such agency. * * * Beginning with the 2024 biennium, the
performance targets shall be established * * * biennially by the Legislature
and shall be based upon the funding level authorized for each agency within its
appropriation bill. The Department of Finance and Administration shall provide
accounting system services to each agency to allow both program expenditures
and performance measurement data to be maintained and reported in such form and
in such detail as may be required by the Joint Legislative Budget Committee.
(2) As provided in Section 27-103-159, the Department of Corrections, the Department of Education, the Department of Health and the Department of Transportation may be exempted from the requirements of this section.
SECTION 16. Section 27-103-159, Mississippi Code of 1972, is amended as follows:
27-103-159. (1) For purposes of this section, the following terms shall have the following meanings ascribed to them:
(a) "Evidence-based program" shall mean a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population.
(b) "Research-based program" shall mean a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
(c) "Promising practices" shall mean a practice that presents, based upon preliminary information, potential for becoming a research-based or evidence-based program or practice.
(d) "Other programs and activities" shall mean all programs and activities that do not fit the definition of evidence-based, research-based or promising practices programs.
(e) "Program inventory" shall mean the complete list of all agency programs and activities that meet any definition set out in this section.
(f) "Program catalogue" means a compendium of programs compiled by a reputable source that publishes information for use by the government.
(2) Beginning with the fiscal year 2016 budget cycle, the Legislative Budget Office shall require the Department of Corrections, the Department of Health, the Department of Education, and the Department of Transportation to comply with the requirements of this section respecting the inventorying of agency programs and activities for use in the budgeting process. The aforementioned agencies shall submit all program information to the Legislative Budget Office in accordance with any policies established by that office setting out requirements for any filings required under this section.
(3) The Legislative Budget Office, the PEER Committee staff, and personnel of each of the agencies set out in this section shall review the programs of each agency and shall:
(a) Establish an inventory of agency programs and activities;
(b) Categorize all agency programs and activities as evidence-based, research-based, promising practices, or other programs and activities with no evidence of effectiveness, and compile them into an agency program inventory. In categorizing programs, the staffs may consult the Washington State Institute for Public Policy's Evidence Based Practices Institute's program catalogue or any other comparable catalogue of evidence-based, research-based, promising practices, or other programs and activities;
(c) Identify agency and program premises, goals, objectives, outcomes and outputs, as well as any other indicator or component the staffs consider to be appropriate;
(d) Establish a procedure for base-lining programs which are built around promising practices or other programs that do not meet the definition of evidence-based or research-based programs, so that further research can be conducted to gauge the program's effectiveness;
(e) Describe any methodologies used to develop any program which is neither evidence-based or research-based; and
(f) Establish a procedure for determining cost-benefit ratios for all programs of each agency.
(4) The Legislative Budget Office shall report to the Legislative Budget Committee the results of all activities required by subsections (1), (2) and (3) of this section with recommendations as to how this information can be incorporated into budget recommendations and the appropriations process. The Legislative Budget Committee may incorporate such recommendations into the fiscal year 2017 budget and appropriations bills, or delay such incorporation until the committee is satisfied that the information collected and inventoried under the requirements of this section will enhance accountability and performance measurement for the programs and activities of state agencies.
(5) Beginning in the fiscal year 2017 budget cycle, the Department of Corrections, the Department of Education, the Department of Health and the Department of Transportation may be exempted from the requirement to prepare any information required by Section 27-103-153 and Section 27-103-155, Mississippi Code of 1972, except for the strategic planning requirements of Section 27-103-155.
(6)
Beginning with the * * * 2024 biennium budget presentation, and each * * * biennium thereafter, each state
agency, general fund agency and special fund agency shall provide to the Joint
Legislative Budget Committee a report of all sources of revenue, including the
amounts from each source, collected by the agency in the most recent * * * biennium. * * * The report shall include a list of
each tax, fine or fee assessed by the agency, and it shall include the
following for each:
(a) The amount assessed;
(b) The amount collected;
(c) The code section, regulation, or other authoritative source that authorized their assessment and collection;
(d) The method of determining assessments, including who is assessed, how the agency determines the amount of assessment, including rates;
(e) The methods of collecting the amounts assessed;
(f) The purposes for which the funds were expended by the agency;
(g) The amount of funds transferred to the general fund, if applicable, and the authority by which the transfer took place;
(h) The amount of funds transferred to another entity, if applicable, and the authority by which the transfer took place, as well as the name of the entity to which the funds were transferred;
(i)
The * * *
biennium-end balance of every fund that receives revenue generated by
fines and fees; and
(j) Any Maintenance of Effort agreements entered into with any federal agency or subdivision thereof.
For sums received from state sources, the agency shall list each source, including each special fund, along with the amounts received from each fund. For sums received from federal government sources, the agency shall list each source at its most specific level, such as an office or division, not simply the federal department from which it came. The report shall also include a detailed description of the actions or results that were promised by the agency in order to receive these funds.
These reports shall be posted on the Legislative Budget Committee's website.
(7) The Legislative Budget Committee shall, no later than the 2019 Regular Session of the Legislature, make a recommendation to the Legislature regarding the application of the processes and requirements of this section to all agencies of state government.
SECTION 17. Section 27-103-203, Mississippi Code of 1972, is amended as follows:
27-103-203. (1) There is created in the State Treasury a special fund, separate and apart from any other fund, to be designated the Working Cash-Stabilization Reserve Fund.
(2) The Working Cash-Stabilization
Reserve Fund shall not be considered as a surplus or available funds when
adopting a balanced budget as required by law. The State Treasurer shall
invest all sums in the Working Cash-Stabilization Reserve Fund not needed for
the purposes provided for in this section in certificates of deposit,
repurchase agreements and other securities as authorized in Section 27-105-33(d)
or Section 7-9-103, as the State Treasurer may determine to yield the highest
market rate available. If the Ayers Settlement Fund is created under Section
37-101-27(5), the first Five Million Dollars ($5,000,000.00) of interest earned
on those sums each fiscal year shall be deposited into that fund until a total
of Seventy Million Dollars ($70,000,000.00) has been deposited into the fund.
The interest, or the remaining interest if the Ayers Settlement Fund is
created, that is earned on those sums shall be deposited in the Working Cash-Stabilization
Reserve Fund until the balance of principal and interest in the fund reaches
ten percent (10%) of the total General Fund appropriations for the current * * * biennium, and all interest
earned in excess of amounts necessary to maintain the ten percent (10%) fund
balance requirement shall be deposited by the State Treasurer into the State
General Fund.
(3) The Working Cash-Stabilization
Reserve Fund, except for Fifteen Million Dollars ($15,000,000.00) and the
amount of the interest and income earned on the principal of the Ayers Endowment
Trust created by Section 37-101-27, shall be used by the State Treasurer for
cash flow needs throughout the year when the Executive Director of the
Department of Finance and Administration certifies that in his or her
opinion there will be cash flow deficiencies in the State General Fund. No
borrowing of monies from other special funds for such purposes as authorized by
Section 31-17-101 et seq., shall be made as long as an unencumbered balance in
excess of Fifteen Million Dollars ($15,000,000.00) and the interest and income
earned on the principal of the Ayers Endowment Trust created by Section 37-101-27
remains in the fund. The State Treasurer shall reimburse the fund for all sums
borrowed for those purposes from General Fund revenues collected during the * * * biennium in which those
funds are used. The State Treasurer shall immediately notify the Legislative
Budget Office and the State Department of Finance and Administration of each
transfer into and out of the fund. Fifteen Million Dollars ($15,000,000.00) in
the Working Cash-Stabilization Reserve Fund shall remain available for
exclusive use of the Ayers Endowment Trust created by Section 37-101-27. If
the Ayers Settlement Fund is created under Section 37-101-27(5), beginning when
a total of Fifty-five Million Dollars ($55,000,000.00) has been deposited into
the fund, for each * * *
biennial deposit of interest to that fund under subsection (2) of this
section, the Ayers Endowment Trust created under Section 37-101-27(1) shall be
reduced by an equal amount * * * biennially until the Ayers
Endowment Trust reaches Zero Dollars ($0.00), at which time any requirements
concerning the Ayers Endowment Trust in this section shall be null and void.
(4) The Working Cash-Stabilization
Reserve Fund, except for Forty Million Dollars ($40,000,000.00), shall also be
used for the purpose of covering any projected deficits that may occur in the
General Fund at the end of a * * * biennium as a result of
revenue shortfalls. If the Governor determines that a deficit in revenues from
all sources may occur, it shall be the duty of the Executive Director of the
Department of Finance and Administration to transfer such funds as necessary to
the General Fund to alleviate the deficit in accordance with Sections 27-104-13
and 31-17-123; however, not more than * * * One
Hundred Million Dollars ($100,000,000.00) may be transferred from the fund
for that purpose in any one (1) * * * biennium with the exception
of fiscal year 2016. However, for fiscal year 2017, not more than One Hundred
Million Dollars ($100,000,000.00) may be transferred from the fund for that
purpose.
(5) The Working Cash-Stabilization Reserve Fund also shall be used to provide funds for the Disaster Assistance Trust Fund when those funds are immediately needed to provide for disaster assistance under Sections 33-15-301 through 33-15-317. Any transfer of funds from the Working Cash-Stabilization Reserve Fund to the Disaster Assistance Trust Fund shall be made in accordance with the provisions of subsection (5) of Section 33-15-307.
(6) The Department of Finance and Administration shall immediately send notice of any transfers made, or other action taken under authority of this section, to the Legislative Budget Office.
(7) Funds deposited in the Working Cash-Stabilization Reserve Fund shall be used only for the purposes specified in this section, and as long as the provisions of this section remain in effect, no other expenditure, appropriation or transfer of funds in the Working Cash-Stabilization Reserve Fund shall be made except by act of the Legislature making specific reference to the Working Cash-Stabilization Reserve Fund as the source of those funds.
(8) Any funds appropriated
from the Working Cash-Stabilization Reserve Fund that are unexpended at the end
of a * * *
biennium shall lapse into the Working Cash-Stabilization Reserve Fund.
SECTION 18. Section 27-103-211, Mississippi Code of 1972, is amended as follows:
27-103-211. The total sum
appropriated by the Legislature from the State General Fund for any * * * biennium shall not exceed
ninety-eight percent (98%) of the general fund revenue estimate for that * * * biennium developed by the
Department of Revenue and the University Research Center and adopted by the
Joint Legislative Budget Committee. The unencumbered balances in general funds
that will be available and on hand at the close of the * * * biennium shall not include
projected amounts required to be deposited into the Working Cash-Stabilization
Reserve Fund under Section 27-103-203. However, for fiscal years 2010, 2011,
2012, 2015, 2016 and 2017 only, the total sum appropriated by the Legislature from
the State General Fund shall not exceed one hundred percent (100%) of the
amount of the general fund revenue estimate for that fiscal year, and for
fiscal year 2018, the total sum appropriated by the Legislature from the State
General Fund shall not exceed ninety-nine percent (99%) of the amount of the
general fund revenue estimate adopted by the Joint Legislative Budget Committee
for that fiscal year.
SECTION 19. Section 27-103-213, Mississippi Code of 1972, is amended as follows:
27-103-213. (1) The
unencumbered cash balance in the General Fund in the State Treasury at the
close of each * * * biennium shall be distributed to the Municipal Revolving
Fund, the Working Cash-Stabilization Reserve Fund and the Capital Expense Fund
in the manner provided in this section * * *.
(2) (a) At the end of each * * * biennium, the Executive
Director of the Department of Finance and Administration and the State Treasurer
shall determine the extent of the unencumbered cash balance existing in the
General Fund in the State Treasury.
(b) As used in this
section, the term "unencumbered cash balance" or "unencumbered
General Fund cash balance" means the amount in the State General Fund
after deducting all appropriations and other expenditures. However, if the
Legislature has authorized additional or deficit appropriations or transfers
from the State General Fund for that * * * biennium, those amounts
shall be subtracted from the unencumbered cash balance in the General Fund
before determining the amount available for distribution. The unencumbered
General Fund cash balance shall not be determined until after August 31 of each * * * biennium, and it shall not be made
until the State Treasurer has received a certificate in writing from the
Executive Director of the Department of Finance and Administration, with
notification to the Legislative Budget Office, showing the amount of the
unencumbered General Fund cash balance.
(3) If any unencumbered General Fund cash balance is available for distribution under this section, the distribution of those funds shall be made by the Executive Director of the Department of Finance and Administration in the following order:
(a) To the Municipal Revolving Fund, an amount equal to Seven Hundred Fifty Thousand Dollars ($750,000.00); however, if the amount of the unencumbered General Fund cash balance is less than Seven Hundred Fifty Thousand Dollars ($750,000.00), then the total amount of the unencumbered General Fund cash balance shall be distributed to the Municipal Revolving Fund.
(b) To the Working Cash-Stabilization Reserve Fund, fifty percent (50%) of the amount of the unencumbered General Fund cash balance after the distributions are made under paragraph (a), not to exceed ten percent (10%) of the General Fund appropriations for the fiscal year that the unencumbered General Fund cash balance represents. For the purposes of this paragraph (b), the appropriations for the fiscal year shall be the total amount contained in the actual appropriation bills passed by the Legislature.
(c) To the Capital Expense Fund, any remaining amount of the unencumbered General Fund cash balance after the distributions are made under paragraphs (a) and (b).
* * *
SECTION 20. Section 27-104-9, Mississippi Code of 1972, is amended as follows:
27-104-9. After
appropriations have been passed into law, but * * * before the start of the * * * biennium, agencies shall
submit to the State Fiscal Officer an operating budget in a format specified by
him or her. The State Fiscal Officer, acting through the Bureau of
Budget and Fiscal Management, shall review the operating budgets to insure they
are in compliance with the appropriation and return them to the agencies. A
copy of the approved operating budget shall be used for authorizing the
expenditure of funds appropriated through the allotment process.
SECTION 21. Section 27-104-13, Mississippi Code of 1972, is amended as follows:
27-104-13. (1) The State Fiscal Officer may disapprove or reduce and revise the estimates of general funds and state-source special funds for any general fund or special fund agency and for the "administration and other expenses" budget of the Mississippi Department of Transportation, in an amount not to exceed five percent (5%), if at any time he or she finds that funds will not be available within the period for which the budget is drawn, or if at any time he or she finds that the requested expenditures, or any part thereof, are not authorized by law, and that action shall be reported to the Legislative Budget Office.
The State Fiscal Officer
may, upon * * *
a determination of need based upon a finding that funds will not be
available within the period for which the budget is drawn, transfer funds as
provided in Section 27-103-203, from the Working Cash-Stabilization Reserve
Fund to the General Fund to supplement the general fund revenue.
If the estimates of general funds and state-source special funds of all general fund and special fund agencies and of the "administration and other expenses" budget of the Mississippi Department of Transportation have been reduced by five percent (5%), additional reductions may be made, but shall consist of a uniform percentage reduction of general funds and state-source special funds to all general fund and special fund agencies and to the "administration and other expenses" budget of the Mississippi Department of Transportation.
Any state-source special funds reduced under the provisions of this subsection (1) shall be transferred to the State General Fund upon requisitions for warrants signed by the respective agency head, and the transfer shall be made within a reasonable period to be determined by the State Fiscal Officer.
* * *
(2) The Department of
Revenue and University Research Center, * * * using all available revenue
forecast data, shall * * *
biennially develop a general fund revenue estimate to be adopted by the
Joint Legislative Budget Committee as of the date of sine die adjournment. If,
at the end of October, or at the end of any month thereafter of any * * * biennium, the revenues
received for the * * * biennium fall below ninety-eight percent (98%) of the
general fund revenue estimate adopted by the Joint Legislative Budget Committee
at the date of sine die adjournment, the State Fiscal Officer shall reduce
allocations of general funds and state-source special funds to general fund and
special fund agencies and to the "administration and other expenses"
budget of the Mississippi Department of Transportation, in an amount necessary
to keep expenditures within the sum of actual general fund receipts, including
any transfers to the General Fund from the Working Cash-Stabilization Reserve
Fund for the * * * biennium.
The State Fiscal Officer
may, upon * * *
a determination of need based on the revenue shortfall, transfer funds
as provided in Section 27-103-203 from the Working Cash-Stabilization Reserve
Fund to the General Fund to supplement the general fund revenue. State-source
special funds in an amount equal to any reduction made under the provisions of
this subsection (2) shall be transferred to the State General Fund upon
requisitions for warrants signed by the respective agency head, and the
transfer shall be made within a reasonable period to be determined by the State
Fiscal Officer.
No agency's allocation shall be reduced in an amount to exceed five percent (5%); however, if the allocations of general funds and state-source special funds to all general fund and special fund agencies and to the "administration and other expenses" budget of the Mississippi Department of Transportation have been reduced by five percent (5%), any additional reductions required to be made under this subsection (2) shall consist of a uniform percentage reduction of general funds and state-source special funds to all general fund and special fund agencies and to the "administration and other expenses" budget of the Mississippi Department of Transportation. Any receipt from loans authorized by Sections 31-17-101 through 31-17-123 shall not be included as revenue receipts.
The State Fiscal Officer shall immediately send notice of any action taken under authority of this subsection (2) to the Legislative Budget Office.
* * *
(3) For the purpose of this section, the term "state-source special funds" means any special funds in any agency derived from any source, but shall not include the following special funds: special funds derived from federal sources, from local or regional political subdivisions, from agricultural commodity assessments, or from donations; special funds derived from additional fees paid for the issuance of distinctive motor vehicle license tags or plates authorized under the provisions of Chapter 19, Title 27, Mississippi Code of 1972; special funds held in a fiduciary capacity for the benefit of specific persons or classes of persons; special funds of the Mississippi Veterans Affairs Board that are paid to the board by the veteran residents of state veterans homes to fund their monthly expenses at the state veterans homes; self-generated special funds of the state institutions of higher learning or the state community or junior colleges; special funds of Mississippi Industries for the Blind, the State Port at Gulfport, Yellow Creek Inland Port, Pat Harrison Waterway District, Pearl River Basin Development District, Pearl River Valley Water Management District, Tombigbee River Valley Water Management District, Yellow Creek Watershed Authority, or Coast Coliseum Commission; special funds of the Department of Wildlife, Fisheries and Parks and the Department of Marine Resources derived from the issuance of hunting or fishing licenses; and special funds generated by agencies whose primary function includes the establishment of standards and the issuance of licenses for the practice of a profession within the State of Mississippi.
SECTION 22. Section 27-104-17, Mississippi Code of 1972, is amended as follows:
27-104-17. (1) An
allotment period shall be * * *one‑half (1/2) of twelve (12) months one (1) year,
and expenditure one-half (1/2) of the appropriated amount, unless otherwise
specified in the appropriation bill or justified by the agency to the
Department of Finance and Administration, and the first allotment period shall
commence on July 1. Estimates shall be filed with the Department of Finance
and Administration not later than the first day of the month preceding the
beginning period.
The Department of Finance
and Administration may, in its discretion, restrict an agency to a monthly
allotment period when it becomes evident that an agency's rate of expenditure
to date indicates this restriction will be necessary to prevent depletion of
its appropriation * * * before the close of the * * * biennium or when the
condition of the State General Fund requires monthly monitoring and control of
the rate of General Fund expenditures.
(2) Unless otherwise
specified in the agency appropriation bill, in the event any emergency or
unforeseen circumstances shall arise, the agency head may authorize increases
in major objects of expenditure within each specific budget within each
appropriation bill in total amounts not to exceed ten percent (10%) of the
appropriated amount of each object, provided that other major objects of
expenditure are decreased by a corresponding dollar amount. Except as
otherwise authorized in Section 7-5-39, no transfers shall be authorized which
increase or decrease the major object of expenditure "Salaries, Wages and
Fringe Benefits," or which increase the major object of expenditure
"Capital Outlay - Equipment." The agency head shall submit written
justification for the transfer to the Legislative Budget Office, the Department
of Finance and Administration, and the State Auditor, on or before the
fifteenth of the month * * * before the effective date of the transfer. The transfer
shall be effective the first working day of the month following timely
submissions required herein. In cases of extreme hardship, certified in
writing by the agency head and submitted with timely submissions required
herein, the Executive Director of the Department of Finance and Administration,
in his discretion, may authorize an earlier effective date for the transfer.
(3) 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 23. Section 27-104-25, Mississippi Code of 1972, is amended as follows:
27-104-25. (1) The executive head and business manager of each state agency shall be responsible for all obligations or indebtedness incurred in the name of the agency, or by any employee for them when incurred by such employee acting within the scope of his or her employment.
(2) No obligations or indebtedness shall be incurred by any such person during any allotment period in excess of the amount of the estimate approved by the Department of Finance and Administration or in the agency appropriation bill.
If a claim arising from
orders for goods or services from the prior * * * biennium is presented within * * * two (2) years and (a) the
payment of a claim does not cause an agency to exceed the amount of its prior * * * biennial budget estimate as
approved by the Department of Finance and Administration or its appropriation
bill, and (b) sufficient funds remain in the current * * * biennium allotment to pay
the claim, the State Treasurer, upon approval of the claim by the Department of
Finance and Administration, shall draw a warrant in payment of the claim.
(3) Contractual
obligations, such as salary contracts, shall be considered as incurred within
the * * *
biennium in which they are to be paid, and are to be encumbered against
funds to be available in that * * * biennium, and shall
include appropriate cancellation clauses in the event the anticipated revenues
from which they are to be paid do not become available.
(4) Agencies having special funds, as defined in Section 27-103-103, shall not incur obligations or indebtedness against such special funds in an amount in excess of revenues actually anticipated and budgeted.
(5) If obligations or indebtedness shall be incurred contrary to the provisions hereof, then neither the State of Mississippi nor the agency shall have any liability therefor, and the person, firm or corporation to whom the obligation or indebtedness is due may recover the amount of the obligation or indebtedness and twenty-five percent (25%) of the amount as liquidated damages from the responsible officers, either personally or upon their official bonds, either severally of jointly.
SECTION 24. Section 27-104-205, Mississippi Code of 1972, is amended as follows:
27-104-205. (1) From and
after July 1, 2016, the expenses of the following enumerated state agencies
shall be defrayed by appropriation of the Legislature from the State General
Fund: the State Fire Marshal, the State Fire Academy, the Office of Secretary
of State (not including the Preneed Contracts Loss Recovery Fund), the
Mississippi Public Service Commission, the Mississippi Department of
Information Technology Services, the State Personnel Board, the Mississippi
Department of Insurance (not including the Municipal Fire Protection Fund,
Section 83-1-37, the County Volunteer Fire Department Fund, Section 83-1-39,
and the Mississippi Propane Education and Research Fund, Section 75-57-119),
the Mississippi Law Enforcement Officers' Minimum Standards Board * * *, the Mississippi Gaming Commission;
the Mississippi Oil and Gas Board * * *, the Mississippi Department of Revenue
- License Tag * * *,
the Office of the State Public Defender * * *, the Mississippi Workers' Compensation
Commission (not including the Second Injury Trust Fund) * * *, the Office of Attorney General * * *, and the Mississippi Department of
Finance and Administration (not including the Statewide Cost Allocation Plan,
the Office of Surplus Property and the Office of Insurance). Beginning July 1,
2016, any fees, assessments or other revenues charged for the support of the
above-named state agencies shall be deposited into the State General Fund, and
any special fund or depository established within the State Treasury for the
deposit of such fees, assessments or revenues shall be abolished and the
balance transferred to the State General Fund. Expenses heretofore drawn from
such special funds or other depositories shall be drawn from the agencies
General Fund Account.
(2) Beginning with the * * * 2024
biennium, the amount to be appropriated * * * biennially from the State
General Fund for the support of each of the above-named state agencies shall
not exceed the amount appropriated for such purpose in the preceding * * * biennium, plus any increases
in or additional fees, assessments or other charges authorized by act of the
Legislature for the succeeding * * * biennium.
(3) The provisions of this section shall not apply to any trust fund account that is maintained by any above-named agency.
(4) The provisions of this section shall not prohibit any of the above-named agencies from maintaining clearing accounts in approved depositories.
(5) The provisions of this section shall not apply to any trust fund accounts maintained by the Public Employees' Retirement System and protected under Section 272A of the Mississippi Constitution of 1890.
SECTION 25. Section 29-5-69, Mississippi Code of 1972, is amended as follows:
29-5-69. During the period * * * when the Legislature is in session,
all parking spaces adjacent to the Capitol grounds on the west side of
President Street and on both sides of High Street shall be reserved for the use
of Capitol employees. The Office of General Services is instructed to place
signs to that effect on * * *said those streets during legislative sessions.
All employees in the Capitol
who own automobiles shall be provided with distinctive stickers. Each such
employee shall place the sticker in a prominent place on the rear of the
automobile owned and regularly used by * * * that employee.
Any person without a sticker on his or her automobile who parks in any space reserved in the first paragraph of this section shall be guilty of a misdemeanor and shall, upon conviction, be fined not to exceed Twenty-five Dollars ($25.00).
Any person who is not a
Capitol employee who has on his or her automobile a Capitol parking
sticker or any Capitol employee who gives his or her parking sticker to a
non-Capitol employee to use on * * * that person's car, shall be guilty
of a misdemeanor and shall, upon conviction, be fined One Hundred Dollars
($100.00).
The Capitol police employed by the Office of General Services shall have the authority and are directed to enforce the provisions of this section.
SECTION 26. Section 37-35-11, Mississippi Code of 1972, is amended as follows:
37-35-11. The Mississippi Community College Board shall determine policies and procedures for administration of this program.
Funds provided under this section and Section 37-35-9 can be used for matching federal funds if such become available.
Funds provided under this section and Section 37-35-9 shall be allocated to schools and community/junior colleges on an average of twelve (12) to fifteen (15) adult students per class in average attendance, for one hundred fifty (150) hours maximum instruction per class. Funds will be allocated on a basis of target population by county for general educational development preparatory classes based on adults who have from nine (9) to eleven (11) years of schooling as indicated by the 1990 census. Schools and community/junior colleges will receive one hundred percent (100%) of the cost of general educational development preparatory classes. All classes funded under this section and Section 37-35-9 shall be considered temporary and shall be renewed only as long as participation is adequate for continued funding.
An annual report on program
activities, adult participation and results shall be prepared by the Mississippi
Community College Board and submitted to the Mississippi Legislature within the
first month of the regular legislative session * * *.
SECTION 27. Section 43-21-801, Mississippi Code of 1972, is amended as follows:
43-21-801. (1) There is established the Youth Court Support Program. The purpose of the program shall be to ensure that all youth courts have sufficient support funds to carry on the business of the youth court. The Administrative Office of Courts shall establish a formula consistent with this section for providing state support payable from the Youth Court Support Fund for the support of the youth courts.
(a) (i) Each regular youth court referee is eligible for youth court support funds so long as the senior chancellor does not elect to employ a youth court administrator as set forth in paragraph (b); a municipal youth court judge is also eligible. The Administrative Office of Courts shall direct any funds to the appropriate county or municipality. The funds shall be utilized to compensate an intake officer who shall be responsible for ensuring that all intake and case information for the Division of Youth Services, truancy matters and the Division of Family and Children's Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the court already has an intake officer responsible for entering all cases of the Division of Youth Services, truancy matters and the Division of Family and Children's Services into MYCIDS, the regular youth court referee or municipal court judge may certify to the Administrative Office of Courts that such a person is already on staff. In such a case, each regular youth court referee or municipal youth court judge shall have the sole individual discretion to appropriate those funds as expense monies to assist in hiring secretarial staff and acquiring materials and equipment incidental to carrying on the business of the court within the private practice of law of the referee or judge, or may direct the use of those funds through the county or municipal budget for court support supplies or services. The regular youth court referee and municipal youth court judge shall be accountable for assuring through private, county or municipal employees the proper preparation and filing of all necessary tracking and other documentation attendant to the administration of the youth court.
(ii) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the county or municipality to be used by the judge or referee during the term of his office and thereafter by his successors.
(b) (i) When permitted by the Administrative Office of Courts and as funds are available, the senior chancellor for Chancery Districts One, Two, Three, Four, Six, Seven, Nine, Ten, Thirteen, Fourteen, Fifteen and Eighteen may appoint a youth court administrator for the district whose responsibility will be to perform all reporting, tracking and other duties of a court administrator for all youth courts in the district that are under the chancery court system. Any chancery district listed in this paragraph in which a chancellor appoints a referee or special master to hear any youth court matter is ineligible for funding under this paragraph (b). The Administrative Office of Courts may allocate to an eligible chancery district a sum not to exceed Thirty Thousand Dollars ($30,000.00) per year for the salary, fringe benefits and equipment of the youth court administrator, and an additional sum not to exceed One Thousand Nine Hundred Dollars ($1,900.00) for the administrator's travel expenses.
(ii) The appointment of a youth court administrator shall be evidenced by the entry of an order on the minutes of the court. The person appointed shall serve at the will and pleasure of the senior chancellor but shall be an employee of the Administrative Office of Courts.
(iii) The Administrative Office of Courts must approve the position, job description and salary before the position can be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of the funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose.
(iv) Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the State of Mississippi.
(c) (i) Each county court is eligible for youth court support funds. The funds shall be utilized to provide compensation to an intake officer who shall be responsible for ensuring that all intake and case information for the Division of Youth Services, truancy matters and the Division of Family and Children's Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the county court already has an intake officer or other staff person responsible for entering all cases of the Division of Youth Services, truancy matters and the Division of Family and Children's Services into MYCIDS, the senior county court judge may certify that such a person is already on staff. In such a case, the senior county court judge shall have discretion to direct the expenditure of those funds in hiring other support staff to carry on the business of the court.
(ii) For the purposes of this paragraph, "support staff" means court administrators, law clerks, legal research assistants, secretaries, resource administrators or case managers appointed by a youth court judge, or any combination thereof, but shall not mean school attendance officers.
(iii) The appointment of support staff shall be evidenced by the entry of an order on the minutes of the court. The support staff so appointed shall serve at the will and pleasure of the senior county court judge but shall be an employee of the county.
(iv) The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose.
(v) The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed pursuant to this paragraph if the additional expenditure falls within the formula. Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the county to be used by the youth court and support staff.
(2) (a) (i) The formula developed by the Administrative Office of Courts for providing youth court support funds shall be devised so as to distribute appropriated funds proportional to caseload and other appropriate factors as set forth in regulations promulgated by the Administrative Office of Courts. The formula will determine a reasonable maximum amount per judge or referee per annum that will not be exceeded in allocating funds under this section.
(ii) The formula shall be reviewed by the Administrative Office of Courts every two (2) years to ensure that the youth court support funds provided herein are proportional to each youth court's caseload and other specified factors.
(iii) The Administrative Office of Courts shall have wide latitude in the first two-year cycle to implement a formula designed to maximize caseload data collection.
(b) Application to receive funds under this section shall be submitted in accordance with procedures established by the Administrative Office of Courts.
(c) Approval of the use of any of the youth court support funds distributed under this section shall be made by the Administrative Office of Courts in accordance with procedures established by the Administrative Office of Courts.
(3) (a) There is created in the State Treasury a special fund to be designated as the "Youth Court Support Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be distributed to the youth courts by the Administrative Office of Courts for the purposes described in this section.
(b) (i) During the regular legislative session held in calendar year 2007, the Legislature may appropriate an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500.000.00) to the Youth Court Support Fund.
(ii) During each regular legislative session subsequent to the 2007 Regular Session, the Legislature shall appropriate Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund.
(iii) During each regular legislative session beginning with the 2024 Regular Session, the Legislature shall appropriate Five Million Dollars ($5,000,000.00) to the Youth Court Support Fund.
(c) No youth court judge or youth court referee shall be eligible to receive funding from the Youth Court Support Fund who has not received annual continuing education in the field of juvenile justice in an amount to conform with the requirements of the Rules and Regulations for Mandatory Continuing Judicial Education promulgated by the Supreme Court. The Administrative Office of Courts shall maintain records of all referees and youth court judges regarding such training and shall not disburse funds to any county or municipality for the budget of a youth court judge or referee who is not in compliance with the judicial training requirements.
(4) Any recipient of funds from the Youth Court Support Fund shall not be eligible for continuing disbursement of funds if the recipient is not in compliance with the terms, conditions and reporting requirements set forth in the procedures promulgated by the Administrative Office of Courts.
SECTION 28. Section 43-21-803, Mississippi Code of 1972, is amended as follows:
43-21-803. (1) There is established the Tony Gobar Individualized Assessment and Comprehensive Community Intervention Initiative (IACCII) Program for the purposes of:
(a) (i) Providing comprehensive strength-based needs assessments, individualized treatment plans and community-based services for certain youth who would otherwise be committed to the training schools. The IACCII ensures that youth and their families can access necessary services available in their home communities; and
(ii) Providing grants to faith-based organizations and nonprofit 501(c)(3) organizations that develop and operate community-based alternatives to the training schools and detention centers. In order to be eligible for a grant under this paragraph, a faith-based or nonprofit 501(c)(3) organization in cooperation with a youth court must develop and operate a juvenile justice alternative sanction designed for delinquent youths. The program must be designed to decrease reliance on commitment in juvenile detention facilities and training schools.
(b) Programs established pursuant to this subsection must not duplicate existing programs or services and must incorporate best practices principles and positive behavioral interventions. The Department of Human Services shall have sole authority and power to determine the programs to be funded pursuant to this section.
(2) A faith-based or nonprofit 501(c)(3) organization must submit an application to the Department of Human Services. The application must include a description of the purpose for which assistance is requested, the amount of assistance requested and any other information required by the Department of Human Services.
(3) The Department of Human Services shall have all powers necessary to implement and administer the program established under this section, and the department shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.
(4) (a) There is created in the State Treasury a special fund to be designated as the "Tony Gobar IACCII Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Division of Youth Services for the purposes described in this section.
(b) (i) During the regular legislative session held in calendar year 2007, the Legislature may appropriate an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Tony Gobar IACCII Fund.
(ii) During each regular legislative session subsequent to the 2007 Regular Session, the Legislature shall appropriate Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Tony Gobar IACCII Fund.
(iii) During each regular legislative session beginning with the 2024 Regular Session, the Legislature shall appropriate Five Million Dollars ($5,000,000.00) to the Tony Gobar IACCII Fund.
SECTION 29. This act shall take effect and be in force from and after July 1 in the year following the year in which the Secretary of State certifies the passage of the constitutional amendment proposed in HCR____, 2018 Regular Session.