MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Appropriations

By: Senator(s) Hopson, Polk, Blackwell, McLendon, Simmons (13th)

Senate Bill 3054

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR FISCAL YEAR 2025.

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, 2024, and ending June 30, 2025........................................

............................................ $ 39,053,130.00.

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, 2024, and ending June 30, 2025..................................

........................................... $ 521,123,573.00.

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

AUTHORIZED HEADCOUNT:

Permanent: 341

Time-Limited: 2

With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required for Personal Services for Fiscal Year 2026 do not exceed Fiscal Year 2025 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2025 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 2025 that may be utilized to fill vacant Fiscal Year 2024 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 2025 do not exceed the data provided by the Legislative Budget Office. If the agency's Fiscal Year 2025 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 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, 2024, and ending June 30, 2025............

............................................. $ 6,488,313.00.

SECTION 5. Of the funds appropriated under the provisions of this act, the following positions are authorized:

AUTHORIZED HEADCOUNT:

Permanent: 6

Time-Limited: 0

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, 2024, and ending June 30, 2025 $ 44,125.00.

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, 2024, and ending June 30, 2025......... $ 3,135.00.

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

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, 2024, and ending June 30, 2025......... $ 22,270,619.00.

SECTION 10. Of the funds herein appropriated, it is the intention of the Legislature that two (2) of the allotted Full-Time Permanent Headcount 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, 2024, and ending June 30, 2025 $ 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. 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 the Broadband Expansion and Accessibility of Mississippi (BEAM) as established in Sections 77-19-1 through 77-19-17, Mississippi Code of 1972, for the fiscal year beginning July 1, 2024, and ending June 30, 2025...................................... $ 433,500.00.

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 Broadband Expansion and Accessibility of Mississippi (BEAM) as established in Sections 77-19-1 through 77-19-17, Mississippi Code of 1972, for the purpose of defraying the expenses of the commission for the fiscal year beginning July 1, 2024, and ending June 30, 2025.....

............................................. $ 198,053,198.00.

SECTION 17. Of the funds appropriated under the provisions of Sections 15 and 16 of this act, the following positions are authorized:

AUTHORIZED HEADCOUNT:

Permanent: 6

Time-Limited: 0

SECTION 18. 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 2024. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2026 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 2025 budget request process.

SECTION 19. 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 20. 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 21. 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 22. 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 23. 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 24. It is the intention of the Legislature that no state-owned aircraft shall be utilized by any person except for official business only.

SECTION 25. 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 26. Of the funds appropriated in Section 2 of this act, Twenty Million Dollars ($20,000,000.00) shall be expended from the Capitol Complex Improvement District Project Fund, as established in Section 29-5-215, Mississippi Code of 1972.

SECTION 27. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Capital City Water/Sewer Projects Fund not otherwise appropriated, to the Department of Finance and Administration, as authorized in Senate Bill No. 2962, 2023 Regular Session, for the purpose of providing funds to assist the City of Jackson, Mississippi, in paying costs associated with construction, reconstruction, repairs, upgrades and improvements to the City of Jackson's water and sewer systems and related facilities as authorized in Section 29-5-251, established in Section 37-185-31, Mississippi Code of 1972, for the fiscal year beginning July 1, 2024, and ending June 30, 2025...........................................

............................................. $ 29,769,968.00.

Notwithstanding the amount reappropriated under this section, in no event shall the amount expended exceed the unexpended balance of the funds remaining as of June 30, 2024, or change the purpose for which the funds were originally authorized.

SECTION 28. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Department of Finance and Administration, as authorized in Senate Bill 2962, 2023 Regular Session, for the purpose of defraying eligible administration and reporting expenses related to the Coronavirus State Fiscal Recovery Fund for the fiscal year beginning July 1, 2024, and ending June 30, 2025

................................................ $ 17,555.00

SECTION 29. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Department of Finance and Administration, as authorized in House Bill No. 1664, 2022 Regular Session, and House Bill No. 1717, 2023 Regular Session, for the purpose of reimbursing the State and School Employees' Life and Health Insurance Plan for eligible expenses for the fiscal year beginning July 1, 2024, and ending June 30,2025................ $ 425,719.00.

SECTION 30. 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 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 to the credit of the Department of Finance and Administration for the purpose of repair, renovation and improvement of state-owned facilities, universities, and community colleges for the fiscal year beginning July 1, 2024, and ending June 30, 2025......................................... $ 6,500,000.00.

SECTION 31. Of the funds in Section 2 of this act, Four Hundred Fifty-five Million Dollars ($455,000,000.00), 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.... $ 110,000,000.00.

(b) 2022 Community and Junior Colleges

Capital Improvements Fund...................... $ 45,000,000.00.

Improvements Fund.............................. $ 26,100,000.00.

(d) 2024 Local Improvements Projects

Fund.......................................... $ 250,000,000.00.

(e) 2022 Department of Finance and

Administration Statewide Repair and Renovation

Fund.......................................... $ 23,900,000.00.

The disbursements of funds by the Department of Finance and Administration under the provisions of the general bill, Senate Bill No. 2468, 2024 Regular Session, are made pursuant to the authority granted to the department to spend those funds by this appropriation bill.

SECTION 32. Of the funds appropriated in Section 2 of this act, One Hundred Ninety-seven Thousand Five Hundred Twenty Dollars ($197,520.00) or so much thereof, shall be derived out of the 2022 Local Improvements Projects Fund to the credit of the Department of Finance and Administration. The funds are provided for such purposes as follows:

(a) To assist the City of Bruce for paving projects and other improvements.................................. $ 172,520.00.

(b) To assist the American Legion in Ackerman in paying costs associated with the building and post activities................

............................................. $ 25,000.00.

SECTION 33. Of the funds appropriated in Section 2 of this act, Two Million Dollars ($2,000,000.00) or so much thereof, shall be derived out of the 2023 Local Improvements Projects Fund to the credit of the Department of Finance and Administration. The funds are provided for such purposes as follows:

(a) To assist Oktibbeha County, Mississippi, in paying costs associated with the Morgantown bridge project... $ 1,000,000.00.

(b) To assist the Capitol Complex Improvement District, with the Department of Finance and Administration serving as the fiscal agent, in paying costs associated with widening, straightening and clearing debris for flood plain revisions to Eubanks Creek......................

.............................................. $ 1,000,000.00.

SECTION 34. Of the funds appropriated in Section 2 of this act, Eleven Million Dollars ($11,000,000.00) 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 purpose of purchases of the real property and any improvement thereon demolition of buildings and other structures on such property, necessary services, and construction of additional facilities on such property as determined by the Department of Finance and Administration and for purchasing other personal property as allowed by statute.

SECTION 35. Of the funds appropriated in Section 2 of this act, Three Million Dollars ($3,000,000.00), 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 to the Department of Finance and Administration for the purpose of maintenance, refresh, and upgrades to the Statewide Payroll and Human Resource System (SPAHRS).

SECTION 36. 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 37. It is the intent of the Legislature that the Department of Finance and Administration shall have the authority to escalate its budget and expend such funds in a manner consistent with the escalation of federal funds in an amount not to exceed Ten Million Dollars ($10,000,000.00) from the Coronavirus State Fiscal Recovery Fund for the purpose of defraying administrative and reporting costs.

SECTION 38. 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 39. 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 40. This act shall take effect and be in force from and after July 1, 2024.