Senate Bill 2604

AN ACT TO ESTABLISH THE SUPPLEMENTAL SALARY PAY FOR MISSISSIPPI EMERGENCY TELECOMMUNICATORS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) This act shall be known and may be cited as the "Supplemental Salary Pay for Mississippi Emergency Telecommunicators Act of 2023."

(2) It is the intent of the Legislature to recognize emergency telecommunicators as highly trained, specialized workers who make significant personal sacrifices in order to achieve the expertise required to ensure excellence in the response to every type of emergency call or situation. Emergency telecommunicators are the crucial first point of contact in life-or-death situations and were declared First Responders by the Governor on October 28, 2022.

(3) For the purposes of this section, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) "Emergency Telecommunicator" means any person employed full time by the state or any political subdivision thereof, who is certified by the Board of Emergency Telecommunications Standards in the Office of Standards and Training in the Department of Public Safety, and whose primary responsibility is the emergency communications for 9-1-1 and other public safety, fire or emergency medical agencies whose primary responsibility is the receipt or processing of calls for emergency services. Emergency Telecommunicators may also be referred to as 9-1-1 dispatchers, public safety dispatchers, emergency communications specialist or emergency communications officers.

(b) "Certified emergency telecommunicator" means any person who has been certified by and is currently in good standing with the Board of Emergency Telecommunications Standards in the Office of Standards and Training in the Department of Public Safety, as set forth in Section 19-5-351 et seq.

(c) "Employed full-time" means any person who is receiving gross compensation for his or her duties as a certified emergency telecommunicator of Two Hundred Fifty Dollars ($250.00) or more per week or One Thousand Seventy-Five Dollars ($1,075.00) or more per month.

SECTION 2. (1) All emergency or public safety communications agencies of the state or of a political subdivision of the state which employ one or more certified emergency telecommunicators on a full-time basis shall pay, in addition to existing compensation, an additional Five Hundred Dollars ($500.00) per month to all emergency telecommunicators who have been employed with such agency for a minimum of three (3) years, to be funded by the State through the special fund established in Section 3 of this act.

(2) For the purposes of eligibility under this section, years of employment service shall include any years of consecutive employment with any other emergency communications or public safety agency.

(3) Any emergency communications or public safety agency of the state or a political subdivision of the state which reduces an emergency telecommunicator's salary in response to the supplemental pay provided under this act shall be subject to a civil penalty of One Thousand Dollars ($1,000.00) per violation, payable to the special fund created under Section 3 of this act.

SECTION 3. For the provision of the supplemental pay under this act, there is hereby created in the State Treasury a special fund to be known as the "Supplemental Salary Pay for Emergency Telecommunicators Fund." The fund shall consist of monies appropriated by an act of the Legislature, to which the appropriations hereinafter made shall be credited, and the funds so credited shall be and remain dedicated to the payment of such supplemental salaries, as provided under this act.

SECTION 4. The Department of Finance and Administration shall issue a standardized form to each emergency telecommunications or public safety agency of the state or a political subdivision of the state, upon which the agency shall provide a list of employees eligible for supplemental pay under this act. The Department of Finance and Administration shall issue payments in accordance with this act upon the basis of such forms submitted by the emergency telecommunications or public safety agency.

SECTION 5. (1) Any emergency communications or public safety agency of the state or a political subdivision of the state employing individuals entitled to additional compensation from the state under the provisions of this act, and who is charged with the responsibility of preparing the payrolls for such individuals, shall include the additional compensation paid by the state to such individuals in the calculation and deduction from the pay of such individuals the sums required by state or federal law to be withheld by an employer, such as federal income tax and social security tax or contributions to state or local retirement systems. Any officials so charged with withholding sums from the pay of the individuals shall be further charged with the responsibility of transmitting the sums so withheld in accordance with the law or laws requiring the withholding.

(2) The additional compensation paid by the state to individuals as authorized under this act shall be included in the calculation and computation of the total wages paid to the individual in the determination of employer contributions to any retirement system or pension fund of which the individual may be a member as well as in the determination of retirement eligibility and benefits which may accrue to the individual under any retirement system or pension fund, as well as in the determination of any other employee benefits, sick leave, or disability pay to which the individual might be entitled with the exception of workers' compensation benefits.

SECTION 6. (1) There is hereby created a board of review under this act, which shall be composed of nine (9) members as follows:

(a) The Executive Director of the Department of Finance and Administration or his or her designee;

(b) A member of the Mississippi 9-1-1 Coordinators Association, appointed by the association's president;

(c) A member of the Mississippi Chapter of the National Emergency Number Association (NENA), appointed by the association's president;

(d) A member of the Mississippi Chapter of the Association of Public Safety Communication Officials, appointed by the association's president;

(e) A member of the Mississippi Board on Telecommunicator Emergency Standards and Training, appointed by the Governor after the submission of up to two (2) recommendations to the Governor for such appointment;

(f) A member of the Mississippi Sheriffs' Association who is responsible for managing a public safety answering point, appointed by the president of the association;

(g) A member of the Mississippi Police Chiefs' Association who is responsible for managing a public safety answering point, appointed by the president of the association;

(h) A member of the Mississippi Association of Supervisors, appointed by the Lieutenant Governor who shall be an elected member of a county board of supervisors, after the submission of up to two (2) recommendations to the Lieutenant Governor for such appointment; and

(i) A member of the Mississippi State Troopers Association, appointed by the Governor.

(2) Members of the board of review shall serve for terms of four (4) years, with no member being appointed for more than three (3) consecutive terms. Vacancies on the board of review shall be filled by appointment in like manner for the balance of the unexpired term, and each member shall serve until his or her successor is appointed in like manner for the balance of an unexpired term, and each member shall serve until his or her successor is appointed.

(3) Whenever any question arises as to the eligibility of any person to receive additional pay out of state funds as provided under this act, the question thereof, together with all of the facts relating thereto, shall be submitted to the board of review created under this section, for determination. The decision of the board with regard to eligibility shall be final.

(4) If it is determined by the board of review that supplemental salaries are due to eligible recipients for back periods of time, the board shall certify to the Joint Legislative Budget Committee that such payment is due. Upon receipt of such certification, the Joint Legislative Budget Committee may, in its discretion, approve payment of all or a portion of such supplemental salary from the special fund created under Section 3 of this act; however, no payment shall be made to any one recipient in excess of Ten Thousand Dollars ($10,000.00) at any one time.

SECTION 7. This act shall take effect and be in force from and after July 1, 2023.