MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Appropriations

By: Representatives Read, Oliver, Bounds, Busby, Cockerham, Hale, Haney, Hines, Huddleston, Jackson, Ladner, Turner, Watson, Young, Stamps

House Bill 1593

(As Passed the House)

AN ACT MAKING AN APPROPRIATION FROM GENERAL FUNDS IN THE STATE TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI DEPARTMENT OF INSURANCE FOR THE FISCAL YEAR 2023.

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

SECTION 1.  The following sum, or so much thereof as may be necessary, is appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Department of Insurance for the fiscal year beginning July 1, 2022, and ending June 30, 2023..........................

............................................ $    11,989,094.00.

SECTION 2.  The following sum, or so much thereof as may be necessary, is appropriated out of any money in any special fund in the State Treasury to the credit of the Mississippi Department of Insurance which is comprised of special source funds collected by or otherwise available to the department, for the support of the various offices of the department for the fiscal year beginning July 1, 2022, and ending June 30, 2023................................ $       130,000.00.

SECTION 3.  Of the funds appropriated under the provisions of this act, the following positions are authorized:

  AUTHORIZED POSITIONS:

Permanent:     Full Time............      132

Part Time............        0

Time-Limited:  Full Time............        0

Part Time............        0

     With the funds herein appropriated, it shall be the agency’s responsibility to make certain that funds required for “Personal Services” for Fiscal Year 2024 do not exceed Fiscal Year 2023 funds appropriated for that purpose unless programs or positions are added to the agency’s Fiscal Year 2023 budget by the Mississippi Legislature.  The Legislature shall determine the agency’s personal services appropriation, which shall be published by the State Personnel Board.  Additionally, the State Personnel Board shall determine and publish the projected annualized payroll costs based on current employees.  It shall be the responsibility of the agency head to ensure that actual personnel expenditures for Fiscal Year 2023 do not exceed the data provided by the Legislative Budget Office.  If the agency’s Fiscal Year 2023 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board with the exception of new hires that are determined to be essential for the agency.

     Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act.  The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration.  The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

     No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

     None of the funds herein appropriated shall be used in violation of Internal Revenue Service’s Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.

     Funds have been appropriated herein for the purpose of funding Project SEC2 minimum salaries for all employees covered under the Colonel Guy Groff/Neville Kenning Variable Compensation Plan.  It shall be the agency’s responsibility to ensure that the funds are used to increase all employees’ salaries up to the minimum level as determined by the State Personnel Board.

     SECTION 4.  It is the intention of the Legislature that the Mississippi Department of Insurance shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2022.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2024 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2023 budget request process.

     SECTION 5.  In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency.  Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

                                                          FY2023

Performance Measures                                       Target

Lic & Reg MS Ins Co's & Agents

     Number of (Producer, etc) Licenses Issued             150,000

     Average Cost per License Isssued                       25.00

     Number of Agent's C/A's Issued                       575,000

     Average Cost per Agent C/A Issued                      24.00

     Number of Requests for Assistance                     13,000

     Average Cost per Customer I/C Addressed                 53.00

     Number of Fire Marshal Investigations                    538

     Cost per Fire Marshal Investigation                   550.00

     Number of Fire Marshal Inspections                     8,000

     Average Cost per Fire Marshal Inspection                60.00

Liquefied Compressed Gas

     Number of Accidents/Injuries/Deaths Due

          to Incidents Involving LCG                            0

     Number of Inspections                                  8,000

     Average Cost per Inspection                            60.00

     Number of Safety Training Schools/Seminars                170

     Average Cost per Safety Training School                145.00

     A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2024.

     SECTION 6.  Of the funds appropriated under the provisions of Section 1, Fifteen Thousand Seventy-nine Dollars ($15,079.00) is provided for the Mississippi Fire Personnel Minimum Standards and Certification Board.

     SECTION 7.  Of the funds appropriated under the provisions of Section 1, funds in the amount of Twenty Thousand Dollars ($20,000.00) are provided and shall be expended to pay the annual dues for the National Conference of Insurance Legislators.

     SECTION 8.  It is the intention of the Legislature that none of the funds appropriated above shall be expended unless members of the Mississippi House of Representatives and Mississippi Senate are notified at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement or ceremony regarding any project for which the Legislature has made funds available.  Any signage regarding any public event or project shall include the following language:  "Funds were made available for this project by the Mississippi State Legislature."

     SECTION 9.  It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference.  A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.

     SECTION 10.  Within the limits of the funds available to the Mississippi Insurance Department for such purpose, the Commissioner of Insurance for the Mississippi Insurance Department may grant a paid internship to students pursuing junior or senior undergraduate level year coursework toward a bachelor's degree in risk management insurance or graduate level coursework towards a master's degree in business administration.  Those applicants deemed qualified by the Mississippi Department of Insurance shall receive funds that may be used to pay for tuition, books and related fees to pursue their degree.  It is the intent of the Legislature that the paid internship program shall be used as incentive for risk management insurance careers at the Mississippi Insurance Department.

     SECTION 11.  Of the funds appropriated in Section 1, Two Hundred Fifty Thousand Dollars ($250,000.00) is provided for the State Fire Marshal's Office for fire safety prevention and services, including, but not limited to, fire protection supplies and materials, smoke alarms, and public service announcements providing fire prevention information.

SECTION 12.  Of the funds appropriated under the provisions of Section 2, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Propane Education and Research Program Fund, for the purpose of research and development of more cost effective uses of propane and on educational programs, safety programs, and market development of propane for the fiscal year beginning July 1, 2022, and ending June 30, 2023.... $    130,000.00.

SECTION 13.  The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the State Treasury to the credit of the Rural Fire Truck Acquisition Fund and/or the Supplementary Rural Fire Truck Fund, which was created in Section 152 of Chapter 1, Laws of 2004, Third Extraordinary Session, to the Mississippi Department of Insurance for the Rural Fire Truck Acquisition Assistance Program for the fiscal year beginning July 1, 2022, and ending June 30, 2023...........................................................

.............................................. $   1,360,000.00.

     Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 2022.

SECTION 14.  The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the State Treasury to the credit of the Capital Expense Fund, for the purpose of defraying the expenses of the Rural Fire Truck Acquisition Assistance Fund and/or the Supplemental Rural Fire Truck Fund, which was created in Section 152 of Chapter 1, Laws of 2004, Third Extraordinary Session, to the Mississippi Department of Insurance for the Rural Fire Truck Acquisition Assistance Program for the fiscal year beginning July 1, 2022, and ending June 30, 2023.......................................... $   2,000,000.00.

     Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 2022.

     SECTION 15.  With the funds appropriated herein, the Mississippi Department of Insurance is authorized to make payment for expenses incurred during Fiscal Year 2020 and 2021 as follows:

Vendor                       Fiscal Year                   Amount

Wise Carter Child & Caraway      2020                    $ 960.00

Wise Carter Child & Caraway      2021                    $ 150.00

Mike Chaney                     2020                    $ 379.99

     SECTION 16.  The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.

     SECTION 17.  This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed June 30, 2022.