MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Appropriations
By: Senator(s) Hopson, Polk, Wiggins, Hickman, Tate
AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF PUBLIC SAFETY FOR FISCAL YEAR 2023.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sum of money, or so much thereof as may be necessary, is appropriated out of any money in the State General Fund not otherwise appropriated, to defray the expenses of the Department of Public Safety for the fiscal year beginning July 1, 2022, and ending June 30, 2023................................ $ 137,913,293.00.
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 Department of Public Safety for the purpose of defraying the expenses incurred in the operation of the various divisions of the department for the fiscal year beginning July 1, 2022, and ending June 30, 2023................................ $ 138,658,412.00.
SECTION 3. Of the funds appropriated under the provisions of this act, the following positions are authorized:
Permanent: 1,771
Time-Limited: 80
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. The Commissioner of Public Safety may, on a case-by-case basis, within funds available, recommend that corrective salary adjustments be made to the compensation of employees of the Department of Public Safety where an inequity was created between employees of equivalent capacity by previous application of the agency appropriation acts. Any such corrective salary adjustment plan must have prior approval by the State Personnel Board. Such adjustments will not be retroactive.
Any funds in the Salary, Wages and Fringe Benefits major object of expenditure may be used to purchase accumulated compensatory time within funds available.
SECTION 5. It is the intention of the Legislature, that the Department of Public Safety shall receive Five Million Dollars ($5,000,000.00) from the Mississippi Department of Transportation, for the operations of the Office of Commercial Transportation Enforcement Division that was authorized to be relocated in Senate Bill 2825, 2021 Regular Session.
SECTION 6. It is the intent of the Legislature that the local governments pay for part of the computer cost of the Mississippi Justice Information Center by maintaining their contribution to the Department of Public Safety.
SECTION 7. It is the intention of the Legislature that the Department of Public Safety designate certain employees to aid the Office of Forensics Laboratories in the billing and collecting of all fees charged for services rendered by the Office of Forensics Laboratories.
SECTION 8. No part of the funds appropriated herein shall be transferred to, expended by, or used, directly or indirectly, for the benefit of any public relations, publicity or publication activities of any other state agency, department or officer, nor shall any personnel paid with funds appropriated herein be transferred or assigned to any other state agency, department or officer for public relations, publicity, or publication activities of such office.
SECTION 9. It is the intention of the Legislature that the Department of Public Safety shall not issue citations for violations of speed limits on a quota basis. No funds expended under this act shall be used for such quota-based citations for violations of speed limits.
SECTION 10. 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
Enforcement
Increased Enforcement - Citations (%) 6.40
Decrease Fatalities (%) 4.50
Percent Increase in DUI Arrests
(Includes Felony DUI) 6.00
Number of Criminal Investigations 36,600
Number of Highway Fatalities per 100
Million Vehicle Miles of Travel 0.88
Number of Alcohol Impaired Driving
Fatalities per 100,000 Population 1.60
Number of Driving Under the Influence
(DUI) Arrests per 100,000 Population 232.00
Percent Increase in Seatbelt/Child
Restraint Citations 7.00
Driver Services
Number of Driver's License/ID Cards Issued 604,249
Cost per License Document Produced 24.00
Number of Drivers Suspended 31,676
Number of Accident Reports Processed 1,653
Average Wait Time (Minutes) 20
Number of Documented Complaints 11
Percent Change in Wait Time 67.00
Percent Change in Complaints 10.00
Percent Increase in Regular & Commercial
Driver Licenses Issued 10.00
Support Services
Number of Financial Transactions Processed 40,200
Number of Employees Supported 1,300
Forensic Analysis
Number of Reports Issued (Cases) 20,000
Number of Court Testimonies (Cases) 250
Cost per Case Analyzed 518.00
Cost per Testimony 500.00
Percent of Days for Reports Issued 40.00
DNA Analysis
Number of Known Felony Offender Samples
in Database 139,000
Number of Proficiency Samples 500
Number of Casework Samples Examined 10,500
Cost per Sample 650.00
Maintain the Integrity of the CODIS Database 99.00
Forensic Pathology
Number of Deaths Investigated 25,500
Number of Autopsies Performed SME Office 1,375
Cost per Autopsy Performed 2,000.00
Percent Change in the Number of Deaths
Investigated 2.50
Percent of Coroners Educated by ME's Office 30.00
Percent Change in the Number of
Autopsies Performed at SME Office 2.00
Training Academy
Number of Basic Students to Graduate 240
Number of Basic Refresher Students to
Graduate 70
Number of In-Service & Advanced Students
to Graduate 2,600
Percent of Law Enforcement Officers Trained 100.00
Drug Enforcement
Number of Drug Suspects Arrested 1,575
Number of Drug Cases Prosecuted 1,350
Number of Drug Organization Disrupted
and/or Dismantled 12
Percent Change in Number of Drug
Suspects Arrested 0.50
Percent Change in Number of Drug Cases
Prosecuted 0.50
Percent Change in Number of Drug Orgs
Disrupted and/or Dismantled 0.50
Jail Officer Training
Number of Jail & Youth Detention
Officers Certified 300
Number of Certification Transactions 3,300
Number of Administrative Review Actions 15
Percent of Appointed Jail & Youth
Detention Officers Obtaining
Certification 75.00
Percent of Administrative Review Actions
Taken within One Year 3.00
Law Enforcement Training
Number of Basic Law Enforcement Officers
Certified 500
Number of Certification Transactions 2,500
Number of Training Quality Monitoring
Actions 1,000
Percent of Appointed Law Enforcement
Officers Obtaining Certification 90.00
Percent of Appointed Part-Time, Reserve,
& Auxiliary Officers Obtaining
Certification 85.00
Percent of Administrative Disciplinary
Actions Taken within One Year 3.50
Highway Safety
Number of Federal Applications Funded &
Statewide Pgms Supported 10
Percent Decrease in the Number of
Unrestrained Passenger Vehicle Occupant
Fatalities by 5% 2.00
Percent Decrease in the Number of
Fatalities in Crashes Involving a Driver
or Motorcycle Operator with a BAC of
.08 & Above 1.00
Justice
Number of Juvenile Jail/Detention
Alternatives 5
Number of Hot Spots Policing Programs Funded 4
Emerg Telecommunications Tng
Number of Emergency Telecommunicators
Certified 400
Number of Certification Transactions 1,600
Percent of Appointed Emergency
Telecommunicators Obtaining
Certification 75.00
Percent of Appointed Emergency
Telecommunicators Obtaining
Recertification 75.00
Percent of Administrative Review Actions
Taken within One Year 2.00
Council On Aging
Number of Triad Programs Established 2
Number of Training Programs Conducted 0
Provide On-Site-Training 0
Percent Change in the Number of
Operational Triad Programs 3.00
Percent Increase in Funding to Counties
to Educate Senior Citizens 0.00
Juvenile Facility Monitoring Unit
Number of Facilities Inspected 125
Number of Strategic Plans Implemented 20
Percent of Admin Review Actions Taken
within One Year 80.00
Homeland Security
Number of OHS Grants for Jurisdictions 107
Number of First Responder Classes 136
Percent Increase in Emergency Task Force
Responder Training & Exercises 2.00
Percent Increase in Citizen & Community
Preparedness Training & Exercises 2.00
Percent Increase in Requests for Information 2.00
Percent Increase in National Incident
Mgmt Training & Exercises 2.00
Investigations
Number of Human Trafficking Cases Initiated 300
Number of Human Trafficking Arrests 55
Number of Human Trafficking Child Recoveries 20
Capitol Police
Number of Patrols 45
Number of Emergencies (Medical, Weather,
Active Shooter, etc.) 214
Average Time to Respond to an Emergency
(minutes) 3
Motor Carrier
Number of Compliance Reviews 49,803
Number of On-Site Examinations at Scales 22,677
Number of Trucks Weighed 5,721,069
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 11. It is the intention of the Legislature that all divisions within the Mississippi Department of Public Safety 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 12. Of the funds appropriated under the provisions of Section 2 of this act, funds may be expended to defray the costs of clothing for sworn nonuniform law enforcement officers in an amount not to exceed One Thousand Dollars ($1,000.00) annually per officer.
SECTION 13. 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 14. The department is authorized to expend available funds on technology or equipment upgrades or replacements when it will generate savings through efficiency or when the savings generated from such upgrades or replacements exceed expenditures thereof.
SECTION 15. Of the funds provided herein, and in addition to the One Hundred Dollars ($100.00) authorized in Section 45-3-7, Mississippi Code of 1972, Department of Public Safety Officers who are licensed commercial pilots shall receive an additional Nine Hundred Dollars ($900.00), for a total of One Thousand Dollars ($1,000.00), additional compensation for such service.
SECTION 16. It is the direction of the Legislature that all Fair Labor Standards Act (FLSA) nonexempt sworn officers of the Mississippi Highway Safety Patrol who are working one hundred seventy-one (171) hours in a twenty-eight-day work cycle be compensated based on the annual salary established by the State Personnel Board for a one-hundred-sixty-hour per month schedule divided by two thousand eighty-seven and one hundred forty-three one thousandths (2,087.143), for an hourly rate, to be multiplied by two thousand two hundred twenty-three (2,223) or one hundred seventy-one (171) hours in a twenty-eight-day work cycle for a new annual salary. All hours worked over one hundred seventy-one (171) hours in a twenty-eight-day schedule shall be governed by the FLSA or other special compensation plan. All realignments after July 1, 2010, shall be calculated using this formula. This section shall be known as the "David R. Huggins Act."
SECTION 17. Of the funds appropriated in Sections 1 and 2 of this act, Four Hundred Ninety-five Thousand One Hundred Ninety Dollars ($495,190.00) is appropriated out of any funds in the State Treasury to the credit of the Department of Public Safety for the purposes of paying for eleven (11) hours of compensatory time at an hourly rate based on two thousand eighty-seven and one hundred forty-three one thousandths (2,087.143) hours per year for sworn officers who hold the rank of Lieutenant and above. The funds provided in this section to pay for the eleven (11) hours authorized in this section shall be expended only for this purpose.
SECTION 18. It is the intention of the Legislature that the Department of Public Safety shall provide an annual report to the Mississippi Legislature detailing any elected official or any other person who is not an employee of the Department of Public Safety who was transported in Highway Patrol aircraft during the fiscal year. The report shall be provided to each member of the Mississippi Legislature on or before January 15, 2023.
SECTION 19. The Commissioner of Public Safety shall have the authority to transfer any funds from any division within the Department of Public Safety to any other division of the Department of Public Safety Special Funds, including, but not limited to, Funds 3711, 371C, 371E, 3713, 3714, 3715, 3740, 3741, 3742, 3744, 3747 and 3718, not to exceed Twenty Million Dollars ($20,000,000.00) collectively during Fiscal Year 2023. However, none of the funds appropriated by this act shall be expended unless the Department of Public Safety provides prior written notification of any transfer of funds provided in this section.
SECTION 20. The Bureau of Narcotics is authorized to expend a sum, not to exceed Five Hundred Thousand Dollars ($500,000.00) from account No. 3371800000, for purposes of effectuating the provisions of House Bill 812, 2017 Regular Session, Section 1 of this act. Expenditures authorized by this section may include, but not be limited to, costs associated with contracting with one or more vendors, contractors or other persons or entities to create, operate and maintain the forfeiture website and to provide continuing support in relation thereto. In the event an amount less than Five Hundred Thousand ($500,000.00) is required to effectuate the purposes of this section, the Bureau is authorized to expend the remainder of such authorized funds for the purchase of commodities, vehicles and/or other equipment necessary in the furtherance of the needs of the Bureau.
SECTION 21. Of the funds appropriated in Section 1 of this act, it is the intention of the Legislature that Four Million Three Hundred Twelve Thousand Six Hundred Two Dollars ($4,312,602.00) may be allocated for the programs supported from General Fund court assessments as follows:
State Crime Stoppers Fund.................$ 99,003.00.
Adult Driver Training.....................$ 75,794.00.
Information Exchange Network Fund.........$ 264,007.00.
Forensics Lab MS – MS Forensics Lab – Implied Consent Law
Fund.................................$ 404,795.00.
Forensics Lab Forensics Laboratory – DNA Identification
Fund.................................$ 629,543.00.
Law Enforcement and Firefighters Death Benefits Trust
Fund.................................$ 191,361.00.
Law Enforcement Standards Training – Law Enforcement Officers
Training Fund........................$ 2,276,404.00.
Drug Abuse/Driver's License Reinstatement.$ 13,573.00.
Federal – State Alcohol Program Fund......$ 160,431.00.
MS Leadership Council on Aging Fund.......$ 197,691.00.
SECTION 22. It is the intention of the Legislature that the Mississippi Bureau of Narcotics, Mississippi Department of Public Safety, shall have the authority to receive, budget and expend special funds from the Drug Evidence Disposition Funds (3372000000), not to exceed Five Hundred Thousand Dollars ($500,000.00).
SECTION 23. Of the funds appropriated by this act, pursuant to House Bill No 571, 2019 Regular Session, Two Hundred Fifty Thousand Dollars ($250,000.00) is provided for the duties and operations of a Statewide Human Trafficking Coordinator and a data analyst within the Bureau of Investigation in the Department of Public Safety, who shall coordinate all statewide activities and work with the Department of Child Protection Services for all victims recovered.
SECTION 24. Of the funds appropriated by this act, pursuant to House Bill 1283, 2019 Regular Session, Two Hundred Forty-two Thousand Six Hundred Three dollars ($242,603.00) is provided for the duties and operations associated with the Mississippi School Safety Act of 2019.
SECTION 25. Of the funds appropriated under the provisions of Section 2 of this act, Six Million Seven Hundred Thousand Dollars ($6,700,000.00), or so much thereof, shall be derived out of any money in the State Treasury to the credit of the Capital Expense Fund, as created in Section 27-103-303, Mississippi Code of 1972, and allocated in a manner as determined by the State Treasurer. These funds are provided to the Department of Public Safety for the upgrade of the Driver Services IDEMIA System.
SECTION 26. Of the funds appropriated under the provisions of Section 2 of this act, Two Million Four Hundred Eighty Thousand Dollars ($2,480,000.00), or so much thereof, shall be derived out of any money in the State Treasury to the credit of the Capital Expense Fund, as created in Section 27-103-303, Mississippi Code of 1972, and allocated in a manner as determined by the State Treasurer. These funds are provided to the Department of Public Safety for the capital facilities, equipment, and other operational needs.
SECTION 27. (1) Of the funds appropriated under the provisions of Section 2 of this act, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Coronavirus State Fiscal Recovery Fund not otherwise appropriated to the credit of the Department of Public Safety... $ 15,535,000.00.
These funds are provided for the purpose of completing capital projects at state-owned buildings or grounds, crime prevention due to the increase in crime, and operational expenditures necessary to respond to the effects of the COVID-19 pandemic as allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith.
(2) None of the funds provided under this section shall be used to pay employee premium payments.
(3) The agency shall not disburse any funds provided under this section to any recipient without first: (a) making an individualized determination that the reimbursement sought is, in the agency's independent judgment, for necessary expenditures eligible under Section 602 of the federal Social Security Act as added by Section 9901 of the federal American Rescue Plan Act of 2021 (ARPA) and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, by the United States Department of the Treasury; and (b) determining that the recipient has not received and will not receive reimbursement for the expense in question from any source of funds, including insurance proceeds, other than those funds provided under Section 602 of the federal Social Security Act as added by Section 9901 of ARPA. In addition, the agency shall ensure that all funds provided under this section are disbursed in compliance with the Single Audit Act (31 USC Sections 7501-7507) and the related provisions of the Uniform Guidance, 2 CFR Section 200.303 regarding internal controls, Sections 200.330 through 200.332 regarding sub-recipient monitoring and management, and subpart F regarding audit requirements.
(4) As a condition of receiving and expending the funds provided to the agency under this section, the agency shall certify to the Department of Finance and Administration that each expenditure of the funds provided to the agency under this section complies with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund established by ARPA.
(5) If the Office of Inspector General of the United States Department of the Treasury, or the Office of Inspector General of any other federal agency having oversight over the use of monies from the Coronavirus State Fiscal Recovery Fund established by ARPA (a) determines that the agency or recipient has expended or otherwise used any of the funds provided to the agency under this section for any purpose that is not in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund established by the ARPA, and (b) the State of Mississippi is required to repay the federal government for any of those funds that the Office of the Inspector General determined were expended or otherwise used improperly by the agency or recipient, then the agency or recipient that expended or otherwise used those funds improperly shall be required to pay the amount of those funds to the State of Mississippi for repayment to the federal government.
(6) Of the funds provided under this section, Four Million Dollars ($4,000,000.00) is provided for the backlog of autopsies at the Mississippi Forensic Laboratory, which includes the Mississippi Forensics Laboratory and the Office of the State Medical Examiner.
SECTION 28. The department may subgrant a portion of the funds appropriated herein to the Jackson Police Department for eligible activities contingent upon the execution of an operational agreement between the Capitol Police and Jackson Police Department on roles and responsibilities within the Capitol Complex Improvement District.
SECTION 29. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Capital Expense Fund not otherwise appropriated for the Department of Public Safety for the purpose of reauthorizing the expenditure of Capital Expense Funds, as authorized in SB 2916, 2021 Regular Session to provide for repairs and renovations at the Department of Public Safety Mississippi Law Enforcement Officers Training Academy for the fiscal year beginning July 1, 2022, and ending June 30, 2023................ $ 169,885.00.
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 30. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Capital Expense Fund not otherwise appropriated for the Department of Public Safety for the purpose of reauthorizing the expenditure of Capital Expense Funds, as authorized in SB 2916, 2021 Regular Session to provide for Bullet Proof Vests Program at the Department of Public Safety for the fiscal year beginning July 1, 2022, and ending June 30, 2023... $ 93,750.00.
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 31. With the funds appropriated herein, the Department of Public Safety is authorized to make payment for expenses incurred during Fiscal Years 2017 and 2020 as follows:
Vendor Fiscal Year Amount
Buford Plumbing 2019 $ 1,095.00
Broadway Linen 2019 $ 1,406.88
Kirk Auto World Inc. – DBA –
Sunset Chrysler Dodge Jeep 2020 $ 28,893.00
C-Spire 2017 $ 22,704.87
C-Spire 2018 $ 4,442.55
SECTION 32. 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 33. This act shall take effect and be in force from and after July 1, 2022, except for Section 31 which shall be enacted from and after its passage.