MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Appropriations
By: Representatives Read, Oliver, Bounds, Busby, Cockerham, Hale, Haney, Hines, Huddleston, Jackson, Ladner, Scoggin, Turner, Watson, Young
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI DEPARTMENT OF INSURANCE FOR THE FISCAL YEAR 2024.
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 appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Department of Insurance for the fiscal year beginning July 1, 2023, and ending June 30, 2024..........................
............................................ $ 16,169,614.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is appropriated out of any money in any special fund in the State Treasury to the credit of the Mississippi Department of Insurance which is comprised of special source funds collected by or otherwise available to the department, for the support of the various offices of the department for the fiscal year beginning July 1, 2023, and ending June 30, 2024................................ $ 335,000.00.
SECTION 3. Of the funds appropriated under the provisions of this act, the following positions are authorized:
Permanent: 129
Time-Limited: 0
With the funds herein appropriated, it shall be the agency’s responsibility to make certain that funds required for Personal Services for Fiscal Year 2025 do not exceed Fiscal Year 2024 funds appropriated for that purpose unless programs or positions are added to the agency’s Fiscal Year 2024 budget by the Mississippi Legislature. The Legislature shall determine the agency’s personal services appropriation, which the State Personnel Board shall publish. The agency’s personal services appropriation may consist of restricted funds for approved vacancies for Fiscal Year 2024 that may not be utilized for active Fiscal Year 2023 Headcount. It shall be the agency's responsibility to ensure that the funds provided for vacancies are used to increase headcount and not for promotions, title changes, in-range salary adjustments or any other mechanism for increasing salaries for current employees. It is the Legislature’s intention that no employee salary falls below the minimum salary established by the Mississippi State Personnel Board.
Additionally, the State Personnel Board shall determine and publish the projected annualized payroll costs based on current employees. It shall be the responsibility of the agency head to ensure that actual personnel expenditures for Fiscal Year 2024 do not exceed the data provided by the Legislative Budget Office. If the agency’s Fiscal Year 2024 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board except for new hires determined to be essential for the agency.
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 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 the 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. It is the intention of the Legislature that the Mississippi Department of Insurance 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 2023. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2025 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 2024 budget request process.
SECTION 5. 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:
FY2024
Performance Measures Target
Lic & Reg MS Ins Co's & Agents
Number of (Producer, Etc) Licenses Issued 165,000
Average Cost per License Issued 100.00
Number of Agent's C/A's Issued 290,000
Average Cost per Agent C/A Issued 25.00
Number of Requests for Assistance 24,500
Average Cost per Customer I/C Addressed 53.00
Number of Fire Marshal Investigations 475
Cost per Fire Marshal Investigation 550.00
Number of Fire Marshal Inspections 5,720
Average Cost per Fire Marshal Inspection 60.00
Liquefied Compressed Gas
Number of Accidents/Injuries/Deaths Due
to Incidents Involving LCG 0
Number of Inspections 7,500
Average Cost per Inspection 60.00
Number of Safety Training Schools/Seminars 170
Average Cost per Safety Training School 145.00
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 2025.
SECTION 6. Of the funds appropriated under the provisions of Section 1, Fifteen Thousand Seventy-nine Dollars ($15,079.00) is provided for the Mississippi Fire Personnel Minimum Standards and Certification Board.
SECTION 7. Of the funds appropriated under the provisions of Section 1, funds in the amount of Twenty Thousand Dollars ($20,000.00) are provided and shall be expended to pay the annual dues for the National Conference of Insurance Legislators.
SECTION 8. It is the intention of the Legislature that none of the funds appropriated above shall be expended unless members of the Mississippi House of Representatives and Mississippi Senate are notified at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement or ceremony regarding any project for which the Legislature has made funds available. Any signage regarding any public event or project shall include the following language: "Funds were made available for this project by the Mississippi State Legislature."
SECTION 9. 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 10. Within the limits of the funds available to the Mississippi Insurance Department for such purpose, the Commissioner of Insurance for the Mississippi Insurance Department may grant a paid internship to students pursuing junior or senior undergraduate level year coursework toward a bachelor's degree in risk management insurance or graduate level coursework towards a master's degree in business administration. Those applicants deemed qualified by the Mississippi Department of Insurance shall receive funds that may be used to pay for tuition, books and related fees to pursue their degree. It is the intent of the Legislature that the paid internship program shall be used as incentive for risk management insurance careers at the Mississippi Insurance Department.
SECTION 11. Of the funds appropriated in Section 1, Two Hundred Fifty Thousand Dollars ($250,000.00) is provided for the State Fire Marshal's Office for fire safety prevention and services, including, but not limited to, fire protection supplies and materials, smoke alarms, and public service announcements providing fire prevention information.
SECTION 12. Of the funds appropriated under the provisions of Section 2, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Propane Education and Research Program Fund, for the purpose of research and development of more cost effective uses of propane and on educational programs, safety programs, and market development of propane for the fiscal year beginning July 1, 2023, and ending June 30, 2024.... $ 130,000.00.
SECTION 13. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the special fund in the State Treasury to the credit of the Annual Fire Fund to the Mississippi Department of Insurance for the purposes allowed in Section 17-23-21, Mississippi Code of 1972, for the fiscal year beginning July 1, 2023, and ending June 30, 2024...........................................................
.............................................. $ 9,000,000.00.
SECTION 14. In addition to all other funds appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the special fund in the State Treasury to the credit of the Rural Fire Truck Matching Assistance Fund which was created in Section 17-23-1 (4), Mississippi Code of 1972 to the Mississippi Department of Insurance for the Rural Fire Truck Matching Assistance Program for the fiscal year beginning July 1, 2023, and ending June 30, 2024.................................. $ 2,000,000.00.
SECTION 15. 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 Mississippi Department of Insurance for the purpose of reauthorizing the expenditure of Capital Expense Funds for the purpose of purchasing vehicles for inspectors, as authorized in House Bill No. 1593, 2022 Regular Session, for the fiscal year beginning July 1, 2023, and ending June 30, 2024........... $ 14,455.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023 from the amount authorized for the previous fiscal year. In addition, this reappropriation shall not change the purpose for which the funds were originally authorized.
SECTION 16. 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 Mississippi Department of Insurance for the purpose of reauthorizing the expenditure of Capital Expense Funds for the purpose of purchasing smoke alarms, as authorized in House Bill No. 1593, 2022 Regular Session, for the fiscal year beginning July 1, 2023, and ending June 30, 2024................. $ 50,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023 from the amount authorized for the previous fiscal year. In addition, this reappropriation shall not change the purpose for which the funds were originally authorized.
SECTION 17. Of the funds appropriated in Section 2, Two Hundred Five Thousand Dollars ($205,000.00), or so much thereof, shall be derived out of any money in the State Treasury to the credit of the Capital Expense Fund, as created in Section 27-103-303, Mississippi Code of 1972, and allocated in a manner as determined by the Treasurer's Office. These funds are provided for the Department of Insurance to purchase vehicles.
SECTION 18. Of the funds appropriated in Section 1 of this act, Three Million Dollars ($3,000,000.00) is provided to the department for the purpose of funding the Mississippi Length of Service Award Program, which was created in House Bill 521, 2023 Regular Session.
SECTION 19. With the funds appropriated herein, the Mississippi Insurance Department is authorized to make payment for expenses incurred during Fiscal Year 2021 to the National Association of Insurance Commissioners in an amount not to exceed Fifteen Thousand Seven Hundred and Seventy Dollars ($15,770.00).
SECTION 20. 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 21. This act shall take effect and be in force from and after July 1, 2023.