MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Appropriations
By: Senator(s) Clarke
AN ACT TO PROVIDE FOR CERTAIN TRANSFERS TO THE CAPITAL EXPENSE FUND DURING FISCAL YEAR 2019; TO PROVIDE FOR CERTAIN TRANSFERS FROM THE CAPITAL EXPENSE FUND TO THE 2018 TRANSPORTATION AND INFRASTRUCTURE IMPROVEMENTS FUND; TO AMEND SECTION 43-13-407, MISSISSIPPI CODE OF 1972, TO EXTEND THE AUTOMATIC REPEALER ON THE HEALTH CARE EXPENDABLE FUND; TO AUTHORIZE THE ESCALATION OF FUNDS FOR THE VARIABLE COMPENSATION PLAN OR PAY INCREASES FOR SPECIFIED AGENCIES; TO AMEND SECTIONS 2 AND 3, Chapter 57, LAWS OF 2018, WHICH PROVIDES FOR THE PAYMENT OF DEBT; TO AMEND SECTION 3, CHAPTER 99, LAWS OF 2018, WHICH TRANSFERS CERTAIN AMOUNTS IN THE FISCAL YEAR 2018 APPROPRIATION TO THE DEPARTMENT OF PUBLIC SAFETY AMONG VARIOUS CATEGORIES; AND TO TRANSFER FUNDS TO THE MISSISSIPPI FORESTRY COMMISSION OPERATING FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. During fiscal year 2019, the State Fiscal Officer shall transfer from the General Fund (Fund No. 2999000000) Seventeen Million Six Hundred Fifty-eight Thousand Three Hundred Thirty-six Dollars ($17,658,336.00) to the Capital Expense Fund (Fund No. 6499C00000).
SECTION 2. During Fiscal Year 2020, the State Fiscal Officer shall transfer from the Capital Expense Fund (Fund No. 6499C00000) Seventeen Million Dollars ($17,000,000.00) to the 2018 Transportation and Infrastructure Improvements Fund (Fund No. 3316000000).
SECTION 3. Section 43-13-407, Mississippi Code of 1972, is amended as follows:
43-13-407. (1) In accordance with the purposes of this article, there is established in the State Treasury the Health Care Expendable Fund, into which shall be transferred from the Health Care Trust Fund the following sums:
(a) In fiscal year 2005, Four Hundred Fifty-six Million Dollars ($456,000,000.00);
(b) In fiscal year 2006, One Hundred Eighty-six Million Dollars ($186,000,000.00);
(c) In fiscal year 2007, One Hundred Eighty-six Million Dollars ($186,000,000.00);
(d) In fiscal year 2008, One Hundred Six Million Dollars ($106,000,000.00);
(e) In fiscal year 2009, Ninety-two Million Two Hundred Fifty Thousand Dollars ($92,250,000.00);
(f) In the fiscal year beginning after the calendar year in which none of the amount of the annual tobacco settlement installment payment will be deposited into the Health Care Expendable Fund as provided in subsection (3)(d) of this section, and in each fiscal year thereafter, a sum equal to the average annual amount of the dividends, interest and other income, including increases in value of the principal, earned on the funds in the Health Care Trust Fund during the preceding four (4) fiscal years.
(2) In any fiscal year in which interest, dividends and other income from the investment of the funds in the Health Care Trust Fund are not sufficient to fund the full amount of the annual transfer into the Health Care Expendable Fund as required in subsection (1)(f) of this section, the State Treasurer shall transfer from tobacco settlement installment payments an amount that is sufficient to fully fund the amount of the annual transfer.
(3) Beginning with calendar year 2009, at the time that the State of Mississippi receives the tobacco settlement installment payment for each calendar year, the State Treasurer shall deposit the following amounts of each of those installment payments into the Health Care Expendable Fund:
(a) In calendar years 2009 and 2010, the total amount of the installment payment;
(b) In calendar year 2011, the amount of the installment payment less Ten Million Dollars ($10,000,000.00);
(c) In calendar years 2012, 2013 and 2014, the total amount of the installment payment;
(d) In calendar year 2015, and each calendar year thereafter, the total amount of the installment payment.
(4) (a) In addition to any other sums required to be transferred from the Health Care Trust Fund to the Health Care Expendable Fund, the sum of One Hundred Twelve Million Dollars ($112,000,000.00) shall be transferred from the Health Care Trust Fund to the Health Care Expendable Fund in fiscal year 2011.
(b) In addition to any other sums required to be transferred from the Health Care Trust Fund to the Health Care Expendable Fund, the sum of Fifty-six Million Two Hundred Sixty-three Thousand Four Hundred Thirty-eight Dollars ($56,263,438.00) shall be transferred from the Health Care Trust Fund to the Health Care Expendable Fund during fiscal year 2012.
(c) In addition to any other sums required to be transferred from the Health Care Trust Fund to the Health Care Expendable Fund, the sum of Ninety-seven Million Four Hundred Fifty Thousand Three Hundred Thirty-two Dollars ($97,450,332.00) shall be transferred from the Health Care Trust Fund to the Health Care Expendable Fund during fiscal year 2013.
(d) In addition to any other sums required to be transferred from the Health Care Trust Fund to the Health Care Expendable Fund, the sum of Twenty-three Million One Hundred Thousand Dollars ($23,100,000.00) shall be transferred from the Health Care Trust Fund to the Health Care Expendable Fund during fiscal year 2014.
(e) The State Fiscal Officer shall transfer the entire balance in the Health Care Trust Fund to the Health Care Expendable Fund during fiscal year 2015.
(5) If Medicaid expenditures are projected to exceed the amount of funds appropriated to the Division of Medicaid in any fiscal year in excess of the expenditure reductions to providers, funds shall be transferred by the State Fiscal Officer from the Health Care Trust Fund into the Health Care Expendable Fund and then to the Governor's Office, Division of Medicaid, in the amount and at such time as requested by the Governor to reconcile the deficit.
(6) All income from the investment of the funds in the Health Care Expendable Fund shall be credited to the account of the Health Care Expendable Fund. Any funds in the Health Care Expendable Fund at the end of a fiscal year shall not lapse into the State General Fund. Any funds appropriated from the Health Care Expendable Fund that are unexpended at the end of a fiscal year shall lapse into the Health Care Expendable Fund.
(7) The funds in the Health Care Expendable Fund shall be available for expenditure under specific appropriation by the Legislature beginning in fiscal year 2000, and shall be expended exclusively for health care purposes.
(8) The provisions of subsection (1) of this section may not be changed in any manner except upon amendment to that subsection by a bill enacted by the Legislature with a vote of not less than three-fifths (3/5) of the members of each house present and voting.
(9) If the State Treasurer, in consultation with the Executive Director of the Department of Finance and Administration, determines that there is a need to borrow funds to offset any temporary cash-flow deficiencies in the Health Care Expendable Fund created in this section, the Treasurer may borrow those funds from any state-source special funds in the State Treasury in amounts that can be repaid from the Health Care Expendable Fund during the fiscal year in which the funds are borrowed. The State Treasurer shall immediately notify the Legislative Budget Office and the Department of Finance and Administration of each transfer into and out of the Health Care Expendable Fund.
(10) No later than September 30, 2011, the State Treasurer shall transfer from the Health Care Expendable Fund to the Health Care Trust Fund an amount equivalent to the unencumbered ending cash balance of the Health Care Expendable Fund as of June 30, 2011, less Three Million Eight Hundred Forty Thousand Dollars ($3,840,000.00).
(11) Subsections (1), (2),
(3), (5), (6) and (7) of this section shall stand repealed on July 1, * * * 2022.
SECTION 4. (1) It is the intent of the Legislature that the agencies listed in subsection (2) of this section shall have the authority to expend funds from any source that may become available to the agency in fiscal year 2020 in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds for the purpose of funding a pay increase, salary realignment and/or funding an adjustment to the Variable Compensation Plan to ensure that all full-time employees receive up to a three percent (3%) pay increase to the realignment component of the Variable Compensation Plan, excluding head of agencies, board members and commission members.
(2) 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. The agencies listed are authorized to escalate other special funds for the limited purpose provided in this section in an amount not to exceed the following:
AGENCY AMOUNT
Architecture and Landscape, Board of $ 1,263.00
Barber Examiners, Board of $ 2,643.00
Cosmetology, Board of $ 8,635.00
Engineers & Land Surveyors, Board of Prof. $ 5,893.00
Gulfport, State Port Authority at $ 97,373.00
Motor Vehicle Commission $ 2,600.00
Nursing Home Administrators, Board of $ 1,179.00
Nursing, Board of $ 34,473.00
Pat Harrison Waterway District $ 34,759.00
Pearl River Valley Water Mgmt. District $111,784.00
Pharmacy, Board of $ 48,474.00
Physical Therapy, Board of $ 2,492.00
Public Accountancy, Board of $ 19,495.00
Public Contractors, Board of $ 19,187.00
Real Estate Appr. Licensing & Cert. Board of $ 5,385.00
Real Estate Commission $ 17,104.00
Social Workers Marriage/Family Therapists,
Board of Examiners for $ 1,913.00
Tombigbee River Valley Mgmt. Board $ 20,611.00
Veteran's Home Purchase Board $ 24,436.00
Yellow Creek State Inland Port $ 18,602.00
SECTION 5. Sections 2 and 3, Chapter 57, Laws of 2018, are amended as follows:
Section 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury which is comprised of special source funds and interest earnings on bond proceeds for the purpose of paying maturing bonds and interest on the full faith and credit bonds of the State of Mississippi falling due during Fiscal Year 2019......................................................
...................................... $ * * * 85,020,096.00.
Section 3. The following sum, or so much thereof as may be necessary, is hereby authorized to expend any money in the State Treasury which is comprised of special source funds and interest earnings on bond proceeds for the purpose of paying maturing bonds and interest on the revenue bonds of the State of Mississippi falling due during Fiscal Year 2019
...................................... $ * * * 18,849,975.00.
SECTION 6. Section 3, Chapter 99, Laws of 2018, are 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 for the respective major objects or purposes of expenditure and authorized positions:
DIVISION OF MISSISSIPPI HIGHWAY SAFETY PATROL
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits..................
....................................... $ * * * 65,227,893.00
Travel and Subsistence........ * * * 485,968.00
Contractual Services............... * * * 22,205,541.00
Commodities........................ * * * 6,320,474.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment..................... * * * 1,872,371.00
Vehicles............................ 5,352,733.00
Wireless Communication Devices.......................
....................................... * * * 55,700.00
Subsidies, Loans and Grants.............. 2,572,309.00
Total.............................. $ 104,092,989.00
FUNDING:
General Funds........................... $ 59,944,688.00
Special Funds............................ 44,148,301.00
Total.............................. $ 104,092,989.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 1,115
Part Time........... 0
Time-Limited: Full Time........... 22
Part Time........... 3
DIVISION OF LAW ENFORCEMENT TRAINING ACADEMY
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 694,183.00
Travel and Subsistence.............. 0.00
Contractual Services..................... 545,000.00
Commodities.............................. 310,856.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 82,840.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 370,970.00
Total.............................. $ 2,003,849.00
FUNDING:
General Funds........................... $ 288,473.00
Special Funds............................ 1,715,376.00
Total.............................. $ 2,003,849.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 16
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
DIVISION OF SUPPORT SERVICES
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 2,814,993.00
Travel and Subsistence........ * * * 18,326.00
Contractual Services..................... 4,681,610.00
Commodities........................ * * * 107,199.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 56,517.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants........ * * * 1,457,273.00
Total.............................. $ 9,135,918.00
FUNDING:
General Funds........................... $ 4,194,649.00
Special Funds............................ 4,941,269.00
Total.............................. $ 9,135,918.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 60
Part Time........... 0
Time-Limited: Full Time........... 1
Part Time........... 0
DIVISION OF CRIME LABORATORIES
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 6,710,739.00
Travel and Subsistence........ * * * 65,000.00
Contractual Services............... * * * 1,719,167.00
Commodities........................ * * * 799,160.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 362,790.00
Vehicles............................ 0.00
Wireless Communication Devices...... 1,000.00
Subsidies, Loans and Grants........ * * * 10,000.00
Total.............................. $ 9,667,856.00
FUNDING:
General Funds........................... $ 6,863,885.00
Special Funds............................ 2,803,971.00
Total.............................. $ 9,667,856.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 88
Part Time........... 0
Time-Limited: Full Time........... 14
Part Time........... 0
DIVISION OF MEDICAL EXAMINER
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 1,985,386.00
Travel and Subsistence........ * * * 15,000.00
Contractual Services..................... 1,106,237.00
Commodities.............................. 206,264.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 154,389.00
Vehicles............................ 0.00
Wireless Communication Devices...... 1,000.00
Subsidies, Loans and Grants........ * * * 15,000.00
Total.............................. $ 3,483,276.00
FUNDING:
General Funds........................... $ 1,201,272.00
Special Funds............................ 2,282,004.00
Total.............................. $ 3,483,276.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 12
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
OFFICE OF PUBLIC SAFETY PLANNING
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits..................
....................................... $ * * * 1,582,422.00
Travel and Subsistence.............. 132,912.00
Contractual Services..................... 932,263.00
Commodities.............................. 138,795.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants......... * * * 23,853,824.00
Total.............................. $ 26,640,216.00
FUNDING:
General Funds........................... $ 232,843.00
Special Funds............................ 26,407,373.00
Total.............................. $ 26,640,216.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 5
Part Time........... 0
Time-Limited: Full Time........... 33
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
OFFICE OF LAW ENFORCEMENT STANDARDS AND TRAINING
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 310,135.00
Travel and Subsistence.............. 4,500.00
Contractual Services..................... 114,560.00
Commodities.............................. 10,020.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 3,000.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 1,864,078.00
Total.............................. $ 2,306,293.00
FUNDING:
General Funds........................... $ 2,306,293.00
Special Funds............................ 0.00
Total.............................. $ 2,306,293.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 6
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
DIVISION OF PUBLIC SAFETY PLANNING
BOARD OF EMERGENCY TELECOMMUNICATIONS
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 152,752.00
Travel and Subsistence.............. 2,500.00
Contractual Services..................... 40,000.00
Commodities.............................. 5,650.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 563,830.00
Total.............................. $ 764,732.00
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 764,732.00
Total.............................. $ 764,732.00
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
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits..................
....................................... $ * * * 116,277.00
Travel and Subsistence.............. 3,625.00
Contractual Services..................... 15,896.00
Commodities.............................. 1,461.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants........ * * * 64,831.00
Total.............................. $ 202,090.00
FUNDING:
General Funds........................... $ 202,090.00
Special Funds............................ 0.00
Total.............................. $ 202,090.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 1
Part Time........... 0
Time-Limited: Full Time........... 1
Part Time........... 0
COUNTY JAIL OFFICER STANDARDS AND TRAINING BOARD
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits..................
....................................... $ * * * 55,496.00
Travel and Subsistence.............. 600.00
Contractual Services..................... 7,500.00
Commodities.............................. 160.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants........ * * * 289,090.00
Total.............................. $ 352,846.00
FUNDING:
General Funds........................... $ 352,846.00
Special Funds............................ 0.00
Total.............................. $ 352,846.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 1
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
OFFICE OF HOMELAND SECURITY
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 1,609,005.00
Travel and Subsistence.............. 47,816.00
Contractual Services..................... 750,785.00
Commodities.............................. 144,172.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 43,420.00
Vehicles............................ 80,000.00
Wireless Communication Devices...... 196.00
Subsidies, Loans and Grants.............. 16,266,336.00
Total.............................. $ 18,941,730.00
FUNDING:
General Funds........................... $ 86,962.00
Special Funds............................ 18,854,768.00
Total.............................. $ 18,941,730.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 9
Part Time........... 0
Time-Limited: Full Time........... 13
Part Time........... 0
BUREAU OF NARCOTICS
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 10,543,952.00
Travel and Subsistence.............. 40,000.00
Contractual Services..................... 1,229,882.00
Commodities.............................. 1,274,850.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 321,197.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 740,000.00
Total.............................. $ 14,149,881.00
FUNDING:
General Funds........................... $ 11,152,517.00
Special Funds............................ 2,997,364.00
Total.............................. $ 14,149,881.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 184
Part Time........... 0
Time-Limited: Full Time........... 8
Part Time........... 0
JUVENILE FACILITY MONITORING UNIT
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits..................
....................................... $ * * * 176,516.00
Travel and Subsistence.............. 5,934.00
Contractual Services............... * * * 98,372.00
Commodities.............................. 9,882.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 0.00
Total.............................. $ 290,704.00
FUNDING:
General Funds........................... $ 56,634.00
Special Funds............................ 234,070.00
Total.............................. $ 290,704.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited: Full Time........... 3
Part Time........... 0
With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2020 do not exceed Fiscal Year 2019 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2019 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 2019 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of 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 2019 "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 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.
None of the funds herein appropriated shall be used in violation of 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 7. During fiscal year 2020, the State Fiscal Officer shall transfer $215,222.06 from MIFI Operating Fund (3345400000) to MFC Operating Fund (3345500000).
SECTION 8. This act shall take effect and be in force from and after its passage.