MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Appropriations
By: Senator(s) Gordon, Little, Chassaniol, Cuevas, Hyde-Smith, Simmons, Wilemon, Burton, Butler, Carmichael, Clarke, Davis, Dawkins, Dearing, Fillingane, Flowers, Frazier, Harden, Horhn, Jackson (15th), Jordan, King, Kirby, Lee (35th), Mettetal, Morgan, Pickering, Posey, Thomas, Tollison, Walls, White
AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF PUBLIC SAFETY FOR FISCAL YEAR 2008.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sum of money, 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 Public Safety for the fiscal year beginning July 1, 2007, and ending June 30, 2008
............................................ $ 73,379,483.00.
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 Public Safety for the purpose of defraying the expenses incurred in the operation of the various divisions of the department for the fiscal year beginning July 1, 2007, and ending June 30, 2008............................... $ 45,637,230.00.
SECTION 3. Of the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be provided for purposes of expenditure and authorized positions:
DIVISION OF MISSISSIPPI HIGHWAY SAFETY PATROL
FUNDING:
General Funds........................... $ 48,387,297.00
Special Funds............................ 14,396,094.00
Total.............................. $ 62,783,391.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 1,065
Part Time........... 0
Time-Limited:Full Time........... 107
Part Time........... 10
DIVISION OF LAW ENFORCEMENT TRAINING ACADEMY
FUNDING:
General Funds........................... $ 593,289.00
Special Funds............................ 843,880.00
Total.............................. $ 1,437,169.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 25
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
It is the intention of the Legislature that all funds received as tuition fees, grants or donations by the Division of Law Enforcement Training Academy shall be deposited in a special fund in the State Treasury to be designated as "Law Enforcement Officers' Training Academy Fees and Donations Fund." It is further the intention of the Legislature that the Division of Law Enforcement Training Academy may increase fees at any time to offset any increases in operational costs.
DIVISION OF SUPPORT SERVICES
FUNDING:
General Funds........................... $ 4,300,303.00
Special Funds............................ 266,002.00
Total.............................. $ 4,566,305.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 91
Part Time........... 0
Time-Limited:Full Time........... 1
Part Time........... 6
DIVISION OF CRIME LABORATORIES
FUNDING:
General Funds........................... $ 6,823,658.00
Special Funds............................ 1,491,519.00
Total.............................. $ 8,315,177.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 105
Part Time........... 0
Time-Limited:Full Time........... 11
Part Time........... 0
DIVISION OF MEDICAL EXAMINER
FUNDING:
General Funds........................... $ 163,916.00
Special Funds............................ 114,589.00
Total.............................. $ 278,505.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 3
Part Time........... 0
Time-Limited:Full Time........... 3
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
OFFICE OF PUBLIC SAFETY PLANNING
FUNDING:
General Funds........................... $ 458,975.00
Special Funds............................ 23,631,627.00
Total.............................. $ 24,090,602.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 12
Part Time........... 0
Time-Limited:Full Time........... 18
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
OFFICE OF LAW ENFORCEMENT STANDARDS AND TRAINING
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 1,907,709.00
Total.............................. $ 1,907,709.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 9
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
BOARD OF EMERGENCY TELECOMMUNICATIONS
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 475,446.00
Total.............................. $ 475,446.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 3
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
COUNCIL ON AGING
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 440,945.00
Total.............................. $ 440,945.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 2
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
COUNTY JAIL OFFICER STANDARDS AND TRAINING BOARD
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 366,152.00
Total.............................. $ 366,152.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 2
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
OFFICE OF HOMELAND SECURITY
FUNDING:
General Funds........................... $ 206,747.00
Special Funds............................ 714,844.00
Total.............................. $ 921,591.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 24
Part Time........... 0
Time-Limited:Full Time........... 6
Part Time........... 0
BUREAU OF NARCOTICS
FUNDING:
General Funds........................... $ 12,331,980.00
Special Funds............................ 691,633.00
Total.............................. $ 13,023,613.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 228
Part Time........... 0
Time-Limited:Full Time........... 1
Part Time........... 0
JUVENILE FACILITY MONITORING UNIT
FUNDING:
General Funds........................... $ 113,318.00
Special Funds............................ 296,790.00
Total.............................. $ 410,108.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited:Full Time........... 5
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 2009 do not exceed Fiscal Year 2008 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2008 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 2008 appropriations for "Personal Services" when annualized, with the exception of escalated funds and educational benchmarks. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2008 "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. On January 1, 2008, the State Personnel Board will make adjustments to the structure side of the compliance report based on data provided by the Legislative Budget Office in order for agencies to award educational benchmarks.
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 which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
SECTION 4. The Commissioner of Public Safety may, on a case-by-case basis, within funds available, recommend that corrective salary adjustments be made to the compensation of employees of the Department of Public Safety where an inequity was created between employees of equivalent capacity by previous application of the agency appropriation acts. Any such corrective salary adjustment plan must have prior approval by the State Personnel Board. Such adjustments will not be retroactive.
Any funds in the Salary, Wages and Fringe Benefits major object of expenditure may be used to purchase accumulated compensatory time within funds available.
SECTION 5. The Commissioner of Public Safety shall have the authority to transfer both positions and/or State General Funds appropriated herein from any Division within the Department of Public Safety to any other Division within the Department of Public Safety, not to exceed twenty-five percent (25%).
SECTION 6. It is the intent of the Legislature that the local governments pay for part of the computer cost of the Mississippi Justice Information Center by maintaining their contribution to the Department of Public Safety.
SECTION 7. It is the intention of the Legislature that the Department of Public Safety designate certain employees to aid the Division of Crime Laboratories in the billing and collecting of all fees charged for services rendered by the Division of Crime Laboratories.
SECTION 8. No part of the funds appropriated herein shall be transferred to, expended by, or used, directly or indirectly, for the benefit of any public relations, publicity or publication activities of any other state agency, department or officer, nor shall any personnel paid with funds appropriated herein be transferred or assigned to any other state agency, department or officer for public relations, publicity, or publication activities of such office.
SECTION 9. It is the intention of the Legislature that the Department of Public Safety shall have the authority to receive, budget and expend funds from any source in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
SECTION 10. It is the intention of the Legislature that the Department of Public Safety shall not issue citations for violations of speed limits on a quota basis. No funds expended under this act shall be used for such quota-based citations for violations of speed limits.
SECTION 11. The Commissioner of Public Safety shall have the authority to transfer Department of Public Safety Special Funds from any Division within the Department of Public Safety to any other Division of the Department of Public Safety Special Funds, including, but not limited to, Funds 3711, 371C, 371E, 3713, 3714, 3715, 3740, 3741, 3742, 3744, 3747 and 3718, not to exceed Six Million Dollars ($6,000,000.00) collectively during Fiscal Year 2008. Further, the Department of Public Safety shall be authorized to escalate both funds and positions for any special fund monies received for Homeland Security.
SECTION 12. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY08
Performance Measures Target
Enforcement
Increased Enforcement - Citations (%) 0.50
Decreased Fatalities (%) -0.10
Increased DUI Arrests - Inc Felony DUIs (%) 0.50
Criminal Investigations (Actions) 10,074
Driver Services
Driver's Licenses/ID Cards Issued (Items) 755,000
Cost per License Document Produced ($) 9.15
Drivers Suspended (Persons) 185,000
Accident Reports Processed (Actions) 110,000
Motor Veh Inspect Stickers Sold (Items) 1,970,000
Support Services
Training of Switch/Repository
Classes (Number of) 30
Audit of User Agencies (Number of) 90
Emergency Telecomm Training
Emerg Telecomm Certified (Persons) 350
Certification Transactions (Actions) 1,400
Training Quality Monitoring (Actions) 20
Forensic Analysis
Reports Issued (Cases) 25,000
Court Testimonies (Cases) 200
Cost per Case Analyzed ($) 400
Cost per Testimony ($) 500
Dna Analysis
Known Sex Offender Samples (Items) 0
Proficiency Samples (Items) 300
Casework Samples Examined (Items) 0
Cost per Sample ($) 0
Training Academy
Basic Students to Graduate (Persons) 225
Basic Refresher Students to
Graduate (Persons) 2,100
In-service & Advanced Students
to Graduate (Persons) 50
Drug Enforcement
Arrests Made (Persons) 2,676
Number of Prosecutions (Actions) 2,991
Organizations Disrupted/Dismantled (Actions) 109
Forensic Pathology
Deaths Investigated (Actions) 17,000
Autopsies Performed at SME Office (Actions) 1,500
Cost per Autopsy Performed ($) 380
Jail Officer Training
County Jail Officers Certified (Persons) 350
Certification Transactions (Actions) 700
Law Enforcement Training
Basic Law Enforc Officers Certified (Persons) 450
Certification Transactions (Actions) 1,800
Training Quality Monitoring (Actions) 20
Public Safety Planning
Statewide Programs Supported (Programs) 360
Juvenile Jail Alternatives Dev (Alternatives) 35
Narcotics Units Established (Units) 17
Drug-free Programs Impact (Persons) 100,000
Council On Aging
Number of Board Meetings (Meetings) 4
Establish TRIAD Programs (Programs) 4
Conduct Training Programs (Programs) 10
Provide On-site Tech Assistance (Actions) 20
Juvenile Fac Monitoring Unit
Number of Facilities Inspected (Items) 40
Strategic Plans Implemented (Items) 18
Homeland Security
OHS Grants for Jurisdictions (Number of) 120
First Responder Classes (Number of) 600
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 2009.
SECTION 13. It is the intention of the Legislature that all divisions within the Mississippi Department of Public Safety 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 2007. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2009 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 2008 budget request process.
SECTION 14. Of the funds appropriated under the provisions of Section 2, funds may be expended to defray the costs of clothing for sworn nonuniform law enforcement officers in an amount not to exceed One Thousand Dollars ($1,000.00) annually per officer.
SECTION 15. It is the intention of the Legislature that all Fair Labor Standards Act (FLSA) nonexempt sworn officers who are working 171 hours in a 28-day work cycle be compensated at an hourly rate based on 2,087.143 hours per year. This section and its provisions shall be known and cited as the "David R. Huggins Act of 2002".
SECTION 16. 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 17. Of the funds provided herein the sworn officers of the Department of Public Safety shall receive a Two Thousand Five Hundred Dollar ($2,500.00) pay raise.
SECTION 18. 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 19. Of the funds provided herein, and in addition to the One Hundred Dollars ($100.00) authorized in Section 45-3-7, Mississippi Code of 1972, Department of Public Safety Officers who are licensed commercial pilots shall receive an additional Nine Hundred Dollars ($900.00), for a total of One Thousand Dollars ($1,000.00), additional compensation for such service.
SECTION 20. Of the funds provided in Section 2, Two Hundred Fifty Thousand Dollars ($250,000.00) shall be derived from the Tony Gobar Individualized Assessment and Comprehensive Community Intervention Initiative (IACCII) Program, as provided by the Department of Human Services, for juvenile justice programs.
SECTION 21. It is legislative intent to ensure beneficial information reaches as many Mississippians as possible. Further, it is legislative intent that the expenditure of public funds for this purpose be accomplished in an efficient and effective manner.
Therefore, state agencies as standard procedure, will observe the following criteria:
(a) Develop goals and desired result for a campaign.
(b) Evaluate effectiveness through respected advertising standards, including market reach and cost effectiveness.
(c) Seek public service announcements, which would be aired by media without cost.
(d) Itemize and justify professional assistance and related expenses for creative and production costs outside of the actual media expenditures.
(e) Utilize Mississippi-owned media companies when feasible.
SECTION 22. 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 23. This act shall take effect and be in force from and after July 1, 2007.