MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Appropriations
By: Senator(s) Hopson, Polk, Blackwell, Simmons (13th), Williams
AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR 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 hereby appropriated out of any money in the State General Fund not otherwise appropriated, to defray the expenses of the Department of Finance and Administration for the fiscal year beginning July 1, 2022, and ending
June 30, 2023................................. $ 36,996,312.00.
SECTION 2. 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 Department of Finance and Administration for the purpose of defraying the expenses incurred in the operation of the various offices of the department for the fiscal year beginning July 1, 2022, and ending
June 30, 2023................................. $ 461,583,532.00.
SECTION 3. Of the funds appropriated under the provisions of this act, the following positions are authorized:
AUTHORIZED HEADCOUNT:
Permanent: 341
Time-Limited: 1
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and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.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. In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Tort Claims Trust Fund not otherwise appropriated, for the purpose of defraying the expenses of the Tort Claims Board in the administration of the Tort Claims Act for the fiscal year beginning July 1, 2022, and ending
June 30, 2023................................. $ 6,549,874.00.
SECTION 5. Of the funds appropriated under the provisions of this act, the following positions are authorized:
AUTHORIZED HEADCOUNT:
Permanent: 8
Time-Limited: 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 6. In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Commission on the Status of Women for the fiscal year beginning July 1, 2022, and ending June 30, 2023. $ 39,995.00.
SECTION 7. In addition to all other sums herein appropriated, 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 Mississippi Commission on the Status of Women for the purpose of defraying the expenses of the commission for the fiscal year beginning July 1, 2022, and ending June 30, 2023........... $ 7,265.00.
This appropriation is made for the purpose of providing funds to defray the expense of the Mississippi Commission on the Status of Women as established pursuant to Sections 43-59-1 through 43-59-14, Mississippi Code of 1972.
SECTION 8. Of the funds appropriated under the provisions of Sections 6 and 7 of this act, the following positions are authorized:
AUTHORIZED HEADCOUNT:
Permanent: 1
Time-Limited: 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 9. In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State General Fund for the purpose of defraying the expenses of State Property Insurance for the fiscal year beginning July 1, 2022, and ending June 30, 2023.......... $ 12,603,897.00.
SECTION 10. Of the funds herein appropriated, it is the intention of the Legislature that two (2) of the allotted Full-Time Permanent Positions in Section 3 of this act may be used for performing related administrative duties of the State Property Insurance Program.
SECTION 11. In addition to all other sums herein appropriated, 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, to the Department of Finance and Administration for the purpose of providing a grant to the Mississippi Home Corporation, for the fiscal year beginning July 1, 2022, and ending June 30, 2023. $ 1,810,227.00.
SECTION 12. The funds appropriated in Section 11 of this act shall be targeted to individuals with disabilities or individuals with serious mental illnesses who:
(1) Are being discharged from a state psychiatric hospital after a stay of more than ninety (90) days; or, nursing facility, or intermediate care facility for individuals with intellectual disabilities after a stay of more than ninety (90) days; or
(2) Have been discharged from a state psychiatric hospital within the last two (2) years; and
(a) Had multiple hospital visits in the last year due to mental illness; or
(b) Are known to the mental health or state-housing agency to have been arrested or incarcerated in the last year due to conduct related to mental illness; or
(c) Are known to the mental health or state-housing agency to have been homeless for one (1) full year or have had four (4) or more episodes of homelessness in the last three (3) years; or
(3) Lack a fixed, regular, and adequate nighttime residence and includes a subset for an individual who is exiting an institution where he or she resided for ninety (90) days or less and who resides in an emergency shelter or a place not meant for human habitation immediately before entering that institution.
Any funds appropriated herein to hire additional staff or employ staff shall only be used to implement this housing program.
SECTION 13. It is the intention of the Legislature that an annual financial report based upon the state's fiscal year shall be provided to the Attorney General, the Chairman of Senate Appropriations, the Chairman of House Appropriations, and the Legislative Budget Office.
SECTION 14. It is the intention of the Legislature that none of the funds appropriated under the provisions of this act for the Mississippi Home Corporation (MHC) shall be expended for the purpose of making a payment of any kind or for any purpose, directly or indirectly, to a member of the State of Mississippi Legislature, state official, MHC board member, or person who has been a member of the MHC within the last year.
SECTION 15. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Coronavirus Local Fiscal Recovery Fund not otherwise appropriated for the Department of Finance and Administration for the purpose of reauthorizing the expenditure of Coronavirus Local Fiscal Recovery Funds, as authorized in Senate Bill 2948, 2021 Regular Session, for the fiscal year beginning July 1, 2022, and ending
June 30, 2023................................... $140,000,000.00.
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.
The purpose of allocating these funds to nonentitlement units of local government in accordance with the provisions applicable to the Coronavirus Local Fiscal Recovery Fund in Section 9901 of the American Rescue Plan Act of 2021 (Public Law No. 117-2) and any applicable federal guidelines.
SECTION 16. In addition to all other sums herein appropriated, 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 Mississippi Broadband Commission as established in House Bill No. 1029, 2022 Regular Session, for the purpose of defraying the expenses of the commission for the period beginning upon passage and ending June 30, 2023................................................. $ 351,500.00.
SECTION 17. Of the funds appropriated under the provisions of Section 16 of this act, the following positions are authorized:
AUTHORIZED HEADCOUNT:
Permanent: 6
Time-Limited: 0
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 18. Of the funds appropriated under the provisions of Section 16 of this act, Two Hundred Thousand Dollars ($200,000.00), or so much thereof as may be necessary, 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 Treasurer's Office, for expenses related to the Mississippi Broadband Commission.
SECTION 19. It is the intention of the Legislature that the Department of Finance and Administration 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 20. 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 21. 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 22. The Bureau of Building, Grounds and Real Property Management of the Office of General Services is hereby expressly authorized and empowered to receive, budget and expend any state, local or other source funds designated for supplemental funding of construction and/or repairs and renovation projects. The Bureau of Building, Grounds and Real Property Management of the Office of General Services shall not use any of the funds authorized in this section to pay salaries. For the purposes of this section, the Bureau of Building, Grounds and Real Property Management of the Office of General Services does not have the authority to escalate from the Capital Expense Fund or the Working Cash-Stabilization Reserve Fund.
SECTION 23. Of the funds appropriated in Section 2 of this act, it is the intention of the Legislature that an amount not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000.00) is authorized to be expended for the purpose of transferring funds to the Bureau of Building, Grounds and Real Property Management for the administration of projects for the repair and maintenance of state-owned buildings.
SECTION 24. A report based on expenditures incurred during the current and immediate past fiscal years shall be provided to the Legislative Budget Office each regularly scheduled legislative session. This report should reflect expenditures as a result of the operation of the Robert E. Lee Building, the Woolfolk State Office Building, the Gartin and Sillers Buildings, the Capitol Buildings, the Central High School Building, the Robert G. Clark, Jr. Building and other state buildings, and this report should contain any steps taken to reduce operating costs.
SECTION 25. It is the intention of the Legislature that no state-owned aircraft shall be utilized by any person except for official business only.
SECTION 26. Of the funds appropriated in Section 2 of this act, an amount not to exceed One Hundred Thousand Dollars ($100,000.00) is authorized to be expended to defray any shortfall in the Master Lease Purchase Program as defined in Section 31-7-10, Mississippi Code of 1972.
SECTION 27. Of the funds appropriated in Section 2 of this act, Twelve Million Dollars ($12,000,000.00) shall be expended from the Capitol Complex Improvement District Project Fund, as established in Section 29-5-215, Mississippi Code of 1972.
SECTION 28. Notwithstanding any other provision, the agency shall have the authority to escalate its headcount for any additional operational needs related to Coronavirus State Fiscal Recovery Funds, upon approval of the Department of Finance and Administration and the State Personnel Board.
SECTION 29. Of the funds appropriated in Section 2 of this act, Thirty-seven Million Nine Hundred Twenty-five Thousand Dollars ($37,925,000.00) 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 Treasurer's Office. These funds are provided for such purposes as follows:
(a) To assist Mississippi Delta Community College in paying costs associated with the construction of a men's
dormitory........................................ $ 7,500,000.00.
(b) To assist Singing River Health System in paying costs associated with the Singing River Healthcare Workforce
Academy......................................... $ 7,000,000.00.
(c) To assist Gulfport Memorial Hospital in paying costs associated with the pediatric multispecialty center located at or near Gulfport Memorial Hospital in collaboration with the University of Mississippi Medical Center and Gulf Coast Community College... $ 7,000,000.00.
(d) To assist Holmes Community College in paying costs associated with tornado damage.............................. $ 3,000,000.00.
(e) To assist the University of Southern Mississippi in paying costs associated with roof repairs and other capital expenditures related to the Reed Green Coliseum....................... $ 3,000,000.00.
(f) To assist East Jasper School District with operational expenses due to an error related to the average daily attendance (ADA) used in determining the district's MAEP
allocation....................................... $ 725,000.00.
(g) To assist the Department of Finance and Administration in paying costs associated with the NeoGov
System.......................................... $ 350,000.00.
(h) To assist the Mississippi Department of Agriculture and Commerce in paying costs associated with the Agriculture Theft building................................................ $ 350,000.00.
(i) To assist the Chickasaw Inkana Foundation with the
construction, furnishing and equipping of the Chickasaw Heritage Center in Tupelo........................................ $ 5,000,000.00.
(j) To assist Mississippi State University with the construction, furnishing and equipping of the Northern Gulf Aquatic Food Research Center.......................................... $ 4,000,000.00.
Any amounts allocated to a project that are in excess of that needed to complete the project may be used for general repairs and renovations at state-owned facilities, universities, and community colleges at the discretion of the Department of Finance and Administration.
SECTION 30. Of the funds appropriated in Section 2 of this act, Three Hundred Eighty-eight Million One Hundred Twenty Thousand Dollars ($388,120,000.00), or so much thereof as may be necessary, shall be derived out of the following funds in the State Treasury to the credit of the Department of Finance and Administration.
(a) 2022 IHL Capital Improvements Fund.... $ 85,570,000.00.
(b) 2022 Community and Junior Colleges Capital Improvements Fund .............................................. $ 35,000,000.00.
(c) 2022 State Agencies Capital Improvements
Fund.......................................... $ 35,250,000.00.
(d) 2022 Department of Finance and Administration Statewide Repair and Renovation Fund............................ $ 10,000,000.00.
(e) 2022 Local Improvements Project Fund.. $ 222,300,000.00.
SECTION 31. It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.
SECTION 32. With the funds appropriated herein, the Department of Finance and Administration is authorized to make payment for expenses incurred during Fiscal Years 2018, 2019, and 2020 as follows:
Vendor Fiscal Year Amount
Mississippi Interactive LLC 2018 $ 4,940.00
Mississippi Interactive LLC 2019 $ 4,940.00
City of Jackson 2020 $ 358.68
SECTION 33. 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 34. This act shall take effect and be in force from and after July 1, 2022, except for Sections 16, 17 and 18 shall be enacted from and after its passage.