Senate Bill 2951

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR SUPPORT OF THE MISSISSIPPI BUREAU OF NARCOTICS OF THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY FOR THE FISCAL YEAR 2004.

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, for payment of the expenses of the Mississippi Bureau of Narcotics of the Mississippi Department of Public Safety, created by Section 41-29-101 et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2003, and ending June 30, 2004............................... $ 9,765,382.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby authorized for expenditure out of any money in the special fund in the State Treasury to the credit of the Mississippi Bureau of Narcotics of the Mississippi Department of Public Safety which is comprised of special source funds collected by or otherwise available to the agency, for the support and maintenance of the agency for the fiscal year beginning July 1, 2003, and ending June 30, 2004 $ 1,538,702.00.

SECTION 3. With the funds appropriated under the provisions of Sections 1 and 2, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time........... 223

Part Time........... 0

Time-Limited:Full Time........... 4

Part Time........... 0

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2005 do not exceed Fiscal Year 2004 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2005 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2004 appropriation for "Personal Services" when annualized. If, at the end of any calendar month, the State Personnel Board determines that the agency has taken action(s) which would cause the agency to exceed this projected annual cost or the Fiscal Year 2004 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law.

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.

SECTION 4. Of the funds appropriated under the provisions of Section 2, funds are included to defray the costs of clothing for sworn law enforcement officers in an amount not to exceed One Thousand Dollars ($1,000.00) annually per officer.

SECTION 5. It is the intention of the Legislature that Fair Labor Standards Act (FLSA) non-exempt sworn officers may accumulate and/or receive monetary compensation for compensatory time not to exceed 300 Hours in any fiscal year. FLSA exempt sworn officers may accumulate and/or receive monetary compensation for compensatory time not to exceed 300 hours in any fiscal year. Further, an FLSA exempt sworn officer having more than 300 hours of compensatory time on record as of passage of this bill shall exhaust through usage the excess compensatory time by December 31, 2003. Any compensatory time in excess of 300 hours of exempt sworn officers as of January 1, 2004, shall be forfeited and the balance shall be reduced to 300 hours. However, the Bureau of Narcotics Director shall have the authority to authorize compensatory time in excess of 300 hours for exempt and non-exempt sworn officers to carry out the duties and functions of the Department of Public Safety during times of extraordinary or unusual public safety risks, or for federally funded call back details, or for full or part time assignments to federally funded task forces. However, at no time will compensation of FLSA non-exempt or exempt sworn officers exceed in total the compensation of the agency head pursuant to Section 25-3-39(2), Mississippi Code of 1972.

SECTION 6. 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 7. This act shall take effect and be in force from and after July 1, 2003.