MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Appropriations

By: Senator(s) Hopson, Wiggins, Polk, Blackwell, Frazier, Johnson

Senate Bill 2969

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR FISCAL YEAR 2021.

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, 2020, and ending June 30, 2021........................................

............................................ $ 38,717,552.00.

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, 2020, and ending June 30, 2021..........................

............................................ $ 50,052,138.00.

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

AUTHORIZED POSITIONS:

Permanent: Full Time............ 505

Part Time............ 3

Time-Limited: Full Time............ 1

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 2022 do not exceed Fiscal Year 2021 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2021 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. Absent a special situation or circumstance approved by the State Personnel Board, or unless otherwise authorized by this act, no state agency shall take any action to promote or otherwise award salary increases through reallocation, reclassification, or realignment. If the State Personnel Board determines a special situation or circumstance exists and approves an action, then the agency and the State Personnel Board shall provide a monthly report of each action approved by the State Personnel Board to the chairmen of the Accountability, Efficiency and Transparency Committees of the Senate and House of Representatives and the chairmen of the Appropriations Committees of the Senate and House of Representatives. 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 2021 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 2021 "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 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, 2020, and ending June 30, 2021............

............................................. $ 6,549,647.00.

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

AUTHORIZED POSITIONS:

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

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

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

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

SECTION 6. 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, 2020, and ending June 30, 2021.... $ 39,995.00.

SECTION 7. 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, 2020, and ending June 30, 2021 $ 7,265.00.

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, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time............ 1

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

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

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

SECTION 9. 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 2020. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2022 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 2021 budget request process.

SECTION 10. 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 11. 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 12. Of the funds appropriated in Section 1, an amount not to exceed Four Hundred Thousand Dollars ($400,000.00) and ten (10) positions are provided in order to provide the required Police Protection services for such governmental organizations, under the rules and regulations of the Department of Finance and Administration.

SECTION 13. 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 14. Of the funds appropriated in Section 2, 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 15. 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 16. It is the intention of the Legislature that no state-owned aircraft shall be utilized by any person except for official business only.

SECTION 17. Of the funds appropriated in Section 2, 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 18. 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, 2020, and ending June 30, 2021.... $ 9,398,958.00.

SECTION 19. Of the funds herein appropriated, it is the intention of the Legislature that two (2) of the allotted Full-Time Permanent Positions in Section 3 of this bill may be used for performing related administrative duties of the State Property Insurance program.

SECTION 20. 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, 2020, and ending June 30, 2021........... $ 1,410,227.00.

SECTION 21. The funds appropriated herein 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.

(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 22. 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 23. 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 24. Of the funds appropriated in Section 2, Twelve Million Dollars ($12,000,000.00) shall be expended from the Capitol Complex Improvement District Project Fund, as established in Section 29-5-215, Mississippi Code of 1972.

SECTION 25. Of the funds appropriated under the provisions of this act, the department is authorized to enter into a contract for use by state agencies to establish a pilot program for Fleet Management Services, to include vehicle leasing and disposal, without being subject to the provisions of law otherwise applicable to fleet management.

SECTION. 26. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Capital Expense Fund not otherwise appropriated for the Department of Finance and Administration for the purpose of reauthorizing the expenditure of Capital Expense Funds, as authorized in SB 3049, 2019 Regular Session, for defraying expenses related to property insurance, including deductibles for property damage at Pat Harrison Waterway District and insurance premiums for the fiscal year beginning July 1, 2020, and ending June 30, 2021...............................................$ 931,382.00.

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 2020.

SECTION 26. Of the funds appropriated in this act, Nine Hundred Thousand Dollars ($900,000.00) is provided for cybersecurity services and hardware.

SECTION 27. It is the intention of the Legislature that the Department of Finance and Administration is hereby authorized to pay invoices submitted by Barefield Workplace Solutions, Jackson, Mississippi for services in prior fiscal years in an amount not to exceed Three Hundred Forty-five Dollars and Fifty-seven Cents ($345.57).

SECTION 28. Of the funds appropriated under the provisions of Section 2, Seventeen Million Two Hundred Forty-one Thousand Dollars ($17,241,000.00), or so much thereof, shall be derived out of any money in the State Treasury to the credit of the State BP Settlement Fund, as created in Section 27-103-302.1, Mississippi Code of 1972. These funds are appropriated for such purposes as follows:

(a) To assist the Town of Walnut with

improvements of city industrial park or

recreational facilities........................... $ 175,000.00.

(b) To assist the City of Lucedale with

improvements to wastewater treatment plant......... $ 376,000.00.

Luckney Road improvements......................... $1,000,000.00.

(d) To assist Lawrence County with construction

and improvements to frontage road................. $ 250,000.00.

(e) To Create, Inc. for the benefit of the

Windows of Amory.................................. $ 200,000.00.

(f) To Aberdeen Main Street to reimburse for

improving Parkway Hotel Property.................. $ 100,000.00.

(g) To assist Yazoo County with improvements

to Carter Road.................................... $ 750,000.00.

(h) To assist the City of Philadelphia with

construction of Fallen Veteran's memorial.......... $ 50,000.00.

(i) To assist the City of Baldwyn Veteran's

Park with parking improvements.................... $ 35,000.00.

(j) To assist Itawamba County with improvements

of Houston Kirkfield community schoolhouse

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

(k) To assist Marshall County for the purpose

of providing funding for the preservation and

restoration of the Isaac Chapel Rosenwald School

located in Marshall County, Mississippi............ $ 100,000.00.

(l) To assist the Town of Crenshaw with

improvements to Jones Street...................... $ 300,000.00.

(m) To the Mississippi Department of Archives

and History for the purpose of providing

historical markers in Holmes County designating

the birthplace of the Church of God in Christ...... $ 10,000.00.

(n) To the Mississippi Department of Archives

and History for expenses related to reopening

museums.......................................... $ 100,000.00.

(o) To the Mississippi Department of Archives

and History for expenses related to the Commission

to Redesign the Mississippi State Flag............. $ 50,000.00.

(p) To the Mississippi Department of Archives

and History for exhibit commemorating 50th

anniversary of Jackson State University

shooting......................................... $ 10,000.00.

(q) To assist Lamar County with construction

of live fire tower................................ $ 300,000.00.

(r) To assist Claiborne County with Grand Gulf

Road improvements ................................ $ 500,000.00.

(s) To assist Tippah County with construction

of county-owned hospital.......................... $ 500,000.00.

(t) To assist the City of Pearl with

construction of Pearl Richland intermodal

connector......................................... $ 400,000.00.

(u) To assist Marshall County with construction

of Chickasaw Trail industrial park

emergency response center......................... $ 400,000.00.

(v) To assist Pearl and Leaf Rivers Rails-To-Trails

Recreational District with trail overlay or

bridge repairs on the Longleaf Trace between

Hattiesburg, Mississippi, and

Prentiss, Mississippi............................. $ 500,000.00.

(w) To assist the Town of Terry with

construction of community emergency shelter........ $ 300,000.00.

(x) To assist the Town of Tishomingo with

Improvements and upgrades to town hall............. $ 50,000.00.

(y) To assist the Town of Hickory with

improvements to town square....................... $ 35,000.00.

(z) To assist Rankin County for expansion of

Sheriff Department's facility and shop............. $ 250,000.00.

(aa) To assist Walthall County with Courthouse

repair and renovations............................ $ 250,000.00.

(bb) To the Mississippi Symphony ............ $ 25,000.00.

(cc) To assist the City of Horn Lake with

road area improvements and bridge repair

on Tulane Road.................................... $ 200,000.00.

(dd) To assist the Corinth-Alcorn County

Recreation Commission in paying costs associated

with repair and renovation of and upgrades,

improvements and additions to recreation areas

and facilities and field surfaces................. $ 500,000.00.

(ee) To assist the City of Bruce, Mississippi,

in paying costs associated with water

system and sewer system upgrades and

improvements near school property in the

City of Bruce..................................... $ 500,000.00.

(ff) To assist the City of Jackson, Mississippi,

in paying costs associated with the purchase of a

fire truck for the city fire department............ $ 225,000.00.

(gg) To assist the Town of Friars Point,

Mississippi, in paying costs associated with

constructing a community center and

related facilities................................ $ 500,000.00.

(hh) To assist Kemper County, Mississippi,

in paying costs associated with the purchase

of a fire truck for the Preston Volunteer

Fire Department................................... $ 100,000.00.

(ii) To assist Winston County, Mississippi,

in paying costs associated with the purchase

of a fire truck for the Nanih Waiya Volunteer

Fire Department................................... $ 100,000.00.

(jj) To assist the Town of Raymond, Mississippi,

in paying costs associated with repair and

renovation of the Town of Raymond Police

Department building and related facilities......... $ 150,000.00.

(kk) To assist the City of Hazlehurst,

Mississippi, in paying costs associated with

repairs, upgrades and improvements to

Lake Hazle Dam.................................... $ 400,000.00.

(ll) To assist Grenada County, Mississippi,

in paying costs associated with upgrades

and improvements to water system

infrastructure.................................... $ 500,000.00.

(mm) To assist in paying costs associated

with repair and renovation of and upgrades

and improvements to buildings and facilities

at the Mississippi School for Mathematics and

Science in Columbus, Mississippi.................. $ 200,000.00.

(nn) $300,000 to the Town of Hickory Flat,

Mississippi, for the following purposes:

(1) Not more than $250,000.00 to assist in paying costs associated with the purchase of a fire truck for the town's fire department, and

(2) Not more than $50,000.00 to assist in paying costs associated with the purchase of equipment and other upgrades for the town's police department.

(oo) To assist the City of Hattiesburg, Mississippi,

in paying the costs of construction, furnishing

and equipping of an education center and related

facilities at the Hattiesburg Zoo in Hattiesburg,

Mississippi....................................... $ 500,000.00.

(pp) To assist Marion County, Mississippi,

in paying costs associated with repairs,

resurfacing, upgrades and improvements to

roads and bridges in Marion County................. $ 500,000.00.

(qq) To assist the City of Winona, Mississippi,

in paying costs associated with repairs

and overlay of Montgomery Street in the

City of Winona.................................... $ 500,000.00.

(rr) To assist in paying costs associated with

the acquisition, storage and relocation of

artifacts and the design, fabrication and

installation of permanent exhibits, including

the development of all associated films and

interactive components, for the Delta Blues

Museum in Clarksdale, Mississippi................. $ 200,000.00.

(ss) To assist the City of Charleston,

Mississippi, in paying costs associated

with the replacement of water pipes and

upgrades and improvements to the city's

water system and related infrastructure............ $ 300,000.00.

(tt) To assist the City of Brandon,

Mississippi, in paying costs associated with

making improvements to and upgrades of sidewalks,

streets, parking areas and water system

infrastructure in the city's downtown area

including, but not limited to, construction, repair,

replacement and other improvements to and upgrades

of sidewalks, streets, crosswalks, signage

and water system infrastructure................... $ 500,000.00.

(uu) To assist the City of Ripley, Mississippi,

in paying costs associated with repairs, resurfacing,

upgrades and improvements to roads in the City of Ripley, water system improvements and sewer system

improvements...................................... $ 300,000.00.

(vv) To assist Tippah County, Mississippi,

in paying costs associated with construction

of Veteran's Park in Tippah County................. $ 500,000.00.

(ww) To assist the Town of West, Mississippi,

in paying costs associated with the acquisition

of a generator and related equipment for the town's

water system and related infrastructure............ $ 100,000.00.

(xx) To assist the Leake County Economic

Development Association in paying costs associated

with a workforce development study................. $ 50,000.00.

(yy) To assist in paying costs associated

with the purposes described in

Section 27-104-301(2)(mm)......................... $1,500,000.00.

(zz) To assist in paying costs associated with

repair of and fencing for Bethesda Cemetery

in the City of Senatobia, Mississippi, and any

funds that are in excess of that needed to

complete such project shall be used to assist

in paying costs associated with repair of and

fencing for Senatobia Memorial Cemetery............ $ 300,000.00.

(aaa) To assist the City of Clinton, Mississippi,

in paying costs associated with expansion of and

upgrades and improvements to the city's water

system and sewer system infrastructure and/or repairs, resurfacing and other improvements and upgrades to roads and streets in the City of Clinton.......................................... $1,000,000.00.

(bbb) To assist the Town of Flora, Mississippi,

in paying costs associated with improvements

to the town's water system and sewer system

infrastructure.................................... $ 100,000.00.

(ccc) To assist the Perry John's Post 6 American

Legion in Alcorn County........................... $ 25,000.00.

(ddd) To assist Itawamba County with Houston

Community Park.................................... $ 25,000.00.

(eee) To assist Pike County with Richard's

Community Center.................................. $ 25,000.00.

(fff) To assist the American Legion Post 81

in Tippah County.................................. $ 25,000.00.

(ggg) To assist the Veterans of Foreign Wars

Post 4881 in Tippah County........................ $ 25,000.00.

(hhh) To assist the City of Senatobia Fire

Department........................................ $ 50,000.00.

SECTION 29. 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 30. 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 31. This act shall take effect and be in force from and after July 1, 2020.