MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Corrections; Appropriations

By: Representatives DeBar, McLeod, Lane

House Bill 439

AN ACT TO AMEND SECTION 3 OF CHAPTER 93, LAWS OF 2014, TO ALLOW THE STATE PERSONNEL BOARD TO PROVIDE FOR THE RECLASSIFICATION OF CORRECTIONS OFFICERS OF THE DEPARTMENT OF CORRECTIONS TO PROVIDE STEP RAISES FOR THE OFFICERS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 3 of Chapter 93, Laws of 2014, is amended as follows:

     Section 3.  Of the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be expended:

SUPPORT

Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:

  FUNDING:

General Funds........................... $   145,590,483.00

Special Funds............................     20,745,470.00

Total.............................. $   166,335,953.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........    2,930

Part Time...........       15

Time-Limited: Full Time...........      136

Part Time...........        0

FARMING OPERATIONS

Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:

  FUNDING:

General Funds........................... $             0.00

Special Funds............................      2,986,010.00

Total.............................. $     2,986,010.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........       12

Part Time...........        0

Time-Limited: Full Time...........        0

Part Time...........        0

PAROLE BOARD

Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:

  FUNDING:

General Funds........................... $       750,194.00

Special Funds............................              0.00

Total.............................. $       750,194.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........        8

Part Time...........        0

Time-Limited: Full Time...........        0

Part Time...........        0

PRIVATE PRISONS

Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:

  FUNDING:

General Funds........................... $    70,742,866.00

Special Funds............................              0.00

Total.............................. $    70,742,866.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........        0

Part Time...........        0

Time-Limited: Full Time...........        0

Part Time...........        0

MEDICAL SERVICES

Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:

  FUNDING:

General Funds........................... $    66,887,504.00

Special Funds............................        242,543.00

Total.............................. $    67,130,047.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........        0

Part Time...........        0

Time-Limited: Full Time...........        2

Part Time...........        0

REGIONAL FACILITIES

Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:

  FUNDING:

General Funds........................... $    46,336,749.00

Special Funds............................              0.00

Total.............................. $    46,336,749.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........        0

Part Time...........        0

Time-Limited: Full Time...........        0

Part Time...........        0

LOCAL CONFINEMENT

Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:

  FUNDING:

General Funds........................... $    15,755,533.00

Special Funds............................              0.00

Total.............................. $    15,755,533.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........        0

Part Time...........        0

Time-Limited: Full Time...........        0

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 2016 do not exceed Fiscal Year 2015 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2015 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 ensure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2015 appropriations for "Personal Services" when annualized, with the exception of escalated funds.  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 2015 "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.

     Funds are provided herein for a One Thousand Dollar ($1,000.00) salary increase for full-time employees, or prorated for part-time employees, which shall be awarded to each employee that has not received a salary increase since July 1, 2010, and that is making an annual salary of less than Thirty Thousand Dollars ($30,000.00) as of June 30, 2014.

     The State Personnel Board shall not approve or process personnel action for any employee unless the employee has not received a salary increase since July 1, 2010, and for such an employee the increased amount shall not exceed five percent (5%); however, the following conditions are to be exempted:  the award of teacher salary increments; the advancement of a trainee/cadet to the next level of a bona fide career ladder; the reclassification of corrections officers of the Department of Corrections to provide step raises for the officers; the award of an educational benchmark for the attainment of a Certified Public Accountant License or higher level professional certification; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the FY 2015 promotional formula, whichever is less; the emergency appointment of nurses, pharmacists or other health care and child protection professionals at a salary to be determined by the State Personnel Board or any other requested action of the agency that has been specifically authorized by the Legislature.

     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 2.  This act shall take effect and be in force from and after its passage.