MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Appropriations
By: Representatives Read, Mims, Arnold, Bounds, Clark, Clarke, Currie, Hines, Hood, Horan, Sanford, Scoggin, Watson, Young
AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF CHILD PROTECTION SERVICES 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, to the Department of Child Protection Services for the fiscal year beginning July 1, 2023, and ending June 30, 2024 $ 131,237,561.00.
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 Department of Child Protection Services which is comprised of special source funds collected by or otherwise available to the department for the support of the various divisions of 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................................ $ 152,079,359.00.
SECTION 3. Of the funds appropriated under the provisions of this act, the following positions are authorized:
AUTHORIZED HEADCOUNT:
Permanent: 1,517
Time-Limited: 417
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. It is the intention of the Legislature that the Department of Child Protection Services 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 5. 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 6. The Department of Child Protection Services 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 7. Of the funds appropriated in Section 1, herein to the Department of Child Protection Services, it is the intention of the Legislature that Ninety-three Thousand Six Hundred One Dollars ($93,601.00) shall be allocated to the Mississippi Children's Trust Fund supported from General Fund court assessments.
SECTION 8. Of the funds appropriated by this act, pursuant to Section 97-3-54.9, Mississippi Code of 1972, Two Hundred Fifty Thousand Dollars ($250,000.00) is provided for maintaining a 24-hour hotline that is to be manned at all times, and for a coordinator to work with the Department of Public Safety, and to contract with outside agencies or service providers to organize for the provision of specialized services, including counseling services and other appropriate care to children who have been victims of commercial and sexual exploitation or human trafficking.
SECTION 9. Of the funds appropriated in Section 1 and Section 2, an amount not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000.00) may be expended for the Department of Child Protection Services for Kinship Care Payments as authorized by Section 43-15-17, Mississippi Code of 1972.
SECTION 10. 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 Child Protection Services for the purpose of reauthorizing the expenditure of Capital Expense Fund, as reappropriated in HB 1611, 2022 Regular Session, for information technology system developments for the fiscal year beginning July 1, 2023, and ending June 30, 2024........ $ 10,721,859.00.
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 11. Of the funds appropriated in Section 1, Eleven Million Eighty-six Thousand Two Hundred Thirty-nine Dollars ($11,086,239.00) are appropriated to fund the Adoption Assistance and Congregate Care Homes Maintenance Payments and One Million Two Hundred Fifty-Four Thousand Nine Hundred Ninety-nine Dollars ($1,254,999.00) are provided for the Foster Home Maintenance Payments. It is the intent of the Legislature that these funds be expended for said purpose.
SECTION 12. Notwithstanding any other provision, the Department of Child Protection Services 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 13. Of the funds appropriated herein, the Department of Child Protection Services is authorized to make payments for expenses incurred during Fiscal Years 2020, 2021, and 2022 for an amount not to exceed Sixty-five Thousand Four Hundred Seventy-three Dollars and Seventy-nine Cents ($65,473.79).
SECTION 14. 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 15. This act shall take effect and be in force from and after July 1, 2023.