MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Appropriations

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

House Bill 1606

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FROM GENERAL FUND IN THE STATE TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE STATE FIRE ACADEMY FOR THE FISCAL YEAR 2024.

     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 State Fire Academy for the fiscal year beginning July 1, 2023, and ending June 30, 2024................................ $     6,338,768.00.

SECTION 2.  The following sum, or so much thereof as may be necessary, is appropriated out of any money in the special fund in the State Treasury to the credit of the State Fire Academy which is comprised of special source funds collected by or otherwise available to the department, for the purpose of defraying the expenses of the department for the fiscal year beginning July 1, 2023, and ending June 30, 2024  $   $235,000.00.

SECTION 3.  Of the funds appropriated under the provisions of Section 1, the following positions are authorized:

  AUTHORIZED HEADCOUNT:

Permanent:          60

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 2025 do not exceed Fiscal Year 2024 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2024 budget by the Mississippi Legislature.  The Legislature shall determine the agency’s personal services appropriation, which the State Personnel Board shall publish.  The agency's personal services appropriation may consist of restricted funds for approved vacancies for Fiscal Year 2024 that may not be utilized for active Fiscal Year 2023 Headcount.  It shall be the agency's responsibility to ensure that the funds provided for vacancies are used to increase headcount and not for promotions, title changes, in-range salary adjustments or any other mechanism for increasing salaries for current employees.  It is the Legislature’s intention that no employee salary falls below the minimum salary established by the Mississippi 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 2024 do not exceed the data provided by the Legislative Budget Office.  If the agency's Fiscal Year 2024 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board except for new hires 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 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 the 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.

     SECTION 4.  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:

                                                          FY2024

Performance Measures                                       Target

Training

     Number of Students Trained                            15,000

     Average Cost per Student Trained                      440.49

     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 2025.

     SECTION 5.  It is the intention of the Legislature that the State Fire Academy 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 2023.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2025 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 2024 budget request process.

     SECTION 6.  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 7.  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 8.  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 State Fire Academy for the purpose of reauthorizing the expenditure of Capital Expense Funds for the purpose of a state match to purchase a specialty rescue truck, as authorized in House Bill No. 1594, 2022 Regular Session, for the fiscal year beginning July 1, 2023, and ending June 30, 2024............ $    75,000.00.

     Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year.  In addition, this reappropriation shall not change the purpose for which the funds were originally authorized.

     SECTION 9. Of the funds appropriated in Section 2, One Hundred Sixty Thousand Dollars ($160,000.00), 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 the completion of dorm rooms at the State Fire Academy.

     SECTION 10. Of the funds appropriated in Section 2, Seventy-five Thousand Dollars ($75,000.00), 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 as matching funds to purchase vehicles.

     SECTION 11.  It is the intention of the Legislature that the State Fire Academy is hereby authorized to pay invoices submitted by Aramark Uniform for reimbursement for prior fiscal year commodities in an amount not to exceed Five Thousand Six Hundred Fourteen Dollars ($5,614.00).

     SECTION 12.  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 13.  This act shall take effect and be in force from and after July 1, 2023.