MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Appropriations

By: Senator(s) Hopson

Senate Bill 2863

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 35, CHAPTER 102, LAWS OF 2020 (HOUSE BILL NO. 1712), TO REVISE THE APPROPRIATION TO THE STATE DEPARTMENT OF HEALTH FOR FISCAL YEAR 2021 TO EXTEND THE PERIOD FOR WHICH FUNDS MAY BE USED TO PURCHASE ACCUMULATED COMPENSATORY TIME AND TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE USED FOR THAT PURPOSE; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE "STATE FIRE ACADEMY WORKFORCE PROGRAM FUND" TO BE UTILIZED BY THE STATE FIRE ACADEMY TO DEFRAY THE COST OF WORKFORCE PROGRAMS; TO AMEND SECTION 27-104-205, MISSISSIPPI CODE OF 1972, TO EXEMPT THE STATE FIRE ACADEMY WORKFORCE PROGRAM FUND FROM THE PROVISION REQUIRING THE STATE FIRE ACADEMY BE FUNDED BY APPROPRIATIONS FROM THE GENERAL FUND; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 35, Chapter 102, Laws of 2020 (House Bill No. 1712), appropriation to the State Department of Health, is amended as follows:

     Section 35.  Of the funds appropriated in Section 2, * * * One Million Two Hundred Thousand Dollars Three Million Two Hundred Forty Thousand Dollars ($3,240,000.00) may be used to purchase accumulated compensatory time incurred before * * * December 30, 2020 June 30, 2021, by employees * * * whose activities are deemed essential to agency operations for responding to who are activated under emergency orders in response to the COVID-19 pandemic.

     SECTION 2.  There is hereby created a special fund in the State Treasury, to be known as the "State Fire Academy Workforce Program Fund."  The fund shall consist of monies appropriated by act of the Legislature and monies received by the State Fire Academy for workforce programs.  Money in the fund shall be utilized by the State Fire Academy to defray the cost of workforce programs.  Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund.

     SECTION 3.  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 (not including the State Fire Academy Workforce Program Fund), 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, (not including the Mississippi Department of Information Technology Services Revolving Fund), 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 Department of Revenue - License Tag, the Office of the State Public Defender, the Mississippi Workers' Compensation Commission (not including the Second Injury Trust Fund) and the Office of Attorney General.  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 fiscal year ending June 30, 2016, the amount to be appropriated annually 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 fiscal year, plus any increases in or additional fees, assessments or other charges authorized by act of the Legislature for the succeeding fiscal year.

     (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 4.  This act shall take effect and be in force from and after its passage.