MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Appropriations
By: Senator(s) Hopson, Polk, Wiggins, Hickman, Tate
AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF PUBLIC SAFETY FOR FISCAL YEAR 2024.
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 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, 2023, and ending June 30, 2024................................ $ 158,543,141.00.
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 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, 2023, and ending June 30, 2024................................ $ 114,574,930.00.
SECTION 3. Of the funds appropriated under the provisions of this act, the following positions are authorized:
Permanent: 1,698
Time-Limited: 78
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. 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. It is the intention of the Legislature, that the Department of Public Safety shall receive Five Million Dollars ($5,000,000.00) from the Mississippi Department of Transportation, for the operations of the Office of Commercial Transportation Enforcement Division that is authorized in Section 77-7-330, Mississippi Code of 1972.
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 Office of Forensics Laboratories in the billing and collecting of all fees charged for services rendered by the Office of Forensics 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 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 10. 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
Enforcement
Percent Increase in Enforcement Citations 7.00
Percent Decrease in Fatalities 4.00
Percent Increase in DUI Arrests
(Includes Felony DUI) 5.00
Number of Criminal Investigations 72,100
Number of Highway Fatalities per 100
Million Vehicle Miles of Travel 0.90
Number of Alcohol Impaired Driving
Fatalities per 100,000 Population 1.80
Number of Driving Under the Influence
(DUI) Arrests per 100,000 Population 235
Percent Increase in Seatbelt/Child
Restraint Citations 5.00
Driver Services
Number of Driver's License/ID Cards Issued 635,250
Cost per License Document Produced 24.00
Number of Driver's Suspended 24,300
Number of Accident Reports Processed 1,650
Average Wait Time (Minutes) 20
Number of Documented Complaints 24
Percent Change in Wait Time -5.00
Percent Change in Complaints 1.10
Percent Increase in Regular and
Commercial Driver Licenses Issued 10.00
Support Services
Number of Financial Transactions Processed 40,200
Number of Employees Supported 1,800
Forensic Analysis
Number of Reports Issued (Cases) 20,000
Number of Court Testimonies (Cases) 250
Cost per Case Analyzed 518.00
Cost per Testimony 550.00
Percent of Days for Reports Issued 40.00
Dna Analysis
Number of Known Felony Offender Samples
in Database 137,429
Number of Proficiency Samples 550
Number of Casework Samples Examined 12,500
Cost per Sample 650.00
Maintain the Integrity of the CODIS Database 99.00
Forensic Pathology
Number of Deaths Investigated 24,500
Number of Autopsies Performed SME Office 1,375
Cost per Autopsy Performed 2,000.00
Percent Change in the Number of Deaths
Investigated 2.50
Percent of Coroners Educated by ME's Office 30.00
Percent Change in the Number of
Autopsies Performed at SME Office 2.00
Training Academy
Number of Basic Students to Graduate 240
Number of Basic Refresher Students to
Graduate 70
Number of In-Service and Advanced
Students to Graduate 2,600
Percent of Law Enforcement Officers Trained 100.00
Drug Enforcement
Number of Drug Suspects Arrested 1,300
Number of Drug Cases Prosecuted 600
Number of Drug Organization Disrupted
and/or Dismantled 4
Percent Change in Number of Drug
Suspects Arrested 1.00
Percent Change in Number of Drug Cases
Prosecuted 1.00
Percent Change in Number of Drug
Organization Disrupted and/or Dismantled 1.00
Jail Officer Training
Number of Jail and Youth Detention
Officers Certified 300
Number of Certification Transactions 3,300
Number of Administrative Review Actions 15
Percent of Appointed Jail and Youth
Detention Officers Obtaining
Certification 60.00
Percent of Administrative Review Actions
Taken Within One Year 1.00
Law Enforcement Training
Number of Basic Law Enforcement Officers
Certified 500
Number of Certification Transactions 2,500
Number of Training Quality Monitoring
Actions 1,000
Percent of Appointed Law Enforcement
Officers Obtaining Certification 75.00
Percent of Appointed Part-Time, Reserve,
and Auxiliary Officers Obtaining
Certification 85.00
Percent of Administrative Disciplinary
Actions Taken Within One Year 3.50
Highway Safety
Number of Federal Applications Funded
and Statewide Pgms Supported 10
Percent Decrease in the Number of
Unrestrained Passenger Vehicle Occupant
Fatalities by 5% 2.00
Percent Decrease in the Number of
Fatalities in Crashes Involving a Driver
or Motorcycle Operator with a BAC of
.08 and Above 1.00
Justice
Number of Juvenile Jail/Detention
Alternatives 5
Number of Hot Spots Policing Programs Funded 0
Emerg Telecommunications Tng
Number of Emergency Telecommunicators
Certified 400
Number of Certification Transactions 1,600
Percent of Appointed Emergency
Telecommunicators Obtaining
Certification 75.00
Percent of Appointed Emergency
Telecommunicators Obtaining
Recertification 75.00
Percent of Administrative Review Actions
Taken Within One Year 1.00
Council On Aging
Number of Triad Programs Established 2.00
Number of Training Programs Conducted 0
Provide On-Site-Training 0
Percent Change in the Number of
Operational Triad Programs 3.00
Percent Increase in Funding to Counties
to Educate Senior Citizens 0.00
Juvenile Facility Monitoring Unit
Number of Facilities Inspected 125
Number of Strategic Plans Implemented 20
Percentage of Admin Review Actions Taken
Within One Year 80.00
Homeland Security
Number of OHS Grants for Jurisdictions 150
Number of First Responder Classes 150
Percent Increase in Emergency Task Force
Responder Training and Exercises 2.00
Percent Increase in Citizen and
Community Preparedness Training and
Exercises 11.50
Percent Increase in Requests for Information 2.00
Percent Increase in National Incident
Mgmt Training and Exercises 2.00
Investigations
Number of Human Trafficking Cases Initiated 300
Number of Human Trafficking Arrests 55
Number of Human Trafficking Child Recoveries 25
Capitol Police
Number of Patrols 65
Number of Emergencies (Medical, Weather,
Active Shooter, etc.) 200
Average Time to Respond to an Emergency
(Minutes) 1.10
Motor Carrier
Number of Compliance Reviews 50,000
Number of On-site Examinations at Scales 32,000
Number of Trucks Weighed 5,800,000
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 11. 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 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 12. Of the funds appropriated under the provisions of Section 2 of this act, 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 13. 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 14. 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 15. 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 16. It is the direction of the Legislature that all Fair Labor Standards Act (FLSA) nonexempt sworn officers of the Mississippi Highway Safety Patrol who are working one hundred seventy-one (171) hours in a twenty-eight-day work cycle be compensated based on the annual salary established by the State Personnel Board for a one-hundred-sixty-hour per month schedule divided by two thousand eighty-seven and one hundred forty-three one thousandths (2,087.143), for an hourly rate, to be multiplied by two thousand two hundred twenty-three (2,223) or one hundred seventy-one (171) hours in a twenty-eight-day work cycle for a new annual salary. All hours worked over one hundred seventy-one (171) hours in a twenty-eight-day schedule shall be governed by the FLSA or other special compensation plan. All realignments after July 1, 2010, shall be calculated using this formula. This section shall be known as the "David R. Huggins Act."
SECTION 17. Of the funds appropriated in Sections 1 and 2 of this act, Four Hundred Ninety-five Thousand One Hundred Ninety Dollars ($495,190.00) is appropriated out of any funds in the State Treasury to the credit of the Department of Public Safety for the purposes of paying for eleven (11) hours of compensatory time at an hourly rate based on two thousand eighty-seven and one hundred forty-three one thousandths (2,087.143) hours per year for sworn officers who hold the rank of Lieutenant and above. The funds provided in this section to pay for the eleven (11) hours authorized in this section shall be expended only for this purpose.
SECTION 18. It is the intention of the Legislature that the Department of Public Safety shall provide an annual report to the Mississippi Legislature detailing any elected official or any other person who is not an employee of the Department of Public Safety who was transported in Highway Patrol aircraft during the fiscal year. The report shall be provided to each member of the Mississippi Legislature on or before January 15, 2024.
SECTION 19. The Commissioner of Public Safety shall have the authority to transfer any 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 Twenty Million Dollars ($20,000,000.00) collectively during Fiscal Year 2024. However, none of the funds appropriated by this act shall be expended unless the Department of Public Safety provides prior written notification of any transfer of funds provided in this section.
SECTION 20. The Bureau of Narcotics is authorized to expend a sum, not to exceed Five Hundred Thousand Dollars ($500,000.00) from account No. 3371800000, for purposes of effectuating the provisions of Section 41-29-179, Mississippi Code of 1972, Section 1 of this act. Expenditures authorized by this section may include, but not be limited to, costs associated with contracting with one or more vendors, contractors or other persons or entities to create, operate and maintain the forfeiture website and to provide continuing support in relation thereto. In the event an amount less than Five Hundred Thousand ($500,000.00) is required to effectuate the purposes of this section, the Bureau is authorized to expend the remainder of such authorized funds for the purchase of commodities, vehicles and/or other equipment necessary in the furtherance of the needs of the Bureau.
SECTION 21. Of the funds appropriated in Section 1 of this act, it is the intention of the Legislature that Four Million Three Hundred Twelve Thousand Six Hundred Two Dollars ($4,312,602.00) may be allocated for the programs supported from General Fund court assessments as follows:
State Crime Stoppers Fund................. $ 99,003.00.
Adult Driver Training..................... $ 75,794.00.
Information Exchange Network Fund.......... $ 264,007.00.
Forensics Laboratory of MS – Implied
Consent Law Fund..................... $ 404,795.00.
Forensics Laboratory of MS – DNA
Identification Fund.................. $ 629,543.00.
Law Enforcement and Firefighters Death
Benefits Trust Fund.................. $ 191,361.00.
Law Enforcement Standards Training – Law
Enforcement Officers Training Fund.... $ 2,276,404.00.
Drug Abuse/Driver's License Reinstatement.. $ 13,573.00.
Federal – State Alcohol Program Fund....... $ 160,431.00.
MS Leadership Council on Aging Fund........ $ 197,691.00.
SECTION 22. It is the intention of the Legislature that the Mississippi Bureau of Narcotics, Mississippi Department of Public Safety, shall have the authority to receive, budget and expend special funds from the Drug Evidence Disposition Funds (3372000000), not to exceed Five Hundred Thousand Dollars ($500,000.00).
SECTION 23. Of the funds appropriated by this act, pursuant to Section 97-3-54.9, Mississippi Code of 1972, Two Hundred Fifty Thousand Dollars ($250,000.00) is provided for the duties and operations of a Statewide Human Trafficking Coordinator and a data analyst within the Bureau of Investigation in the Department of Public Safety, who shall coordinate all statewide activities and work with the Department of Child Protection Services for all victims recovered.
SECTION 24. Of the funds appropriated by this act, pursuant to Section 45-1-2(7), Mississippi Code of 1972, Two Hundred Forty-two Thousand Six Hundred Three Dollars ($242,603.00) is provided for the duties and operations associated with the Mississippi School Safety Act of 2019.
SECTION 25. 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 to the Department of Public Safety for the purpose of reauthorizing the expenditure of Capital Expense Funds, as authorized in Senate Bill No. 3014, 2022 Regular Session, to the Department of Public Safety for the fiscal year beginning July 1, 2023, and ending
June 30, 2024.................................. $ 8,026,097.00.
This reappropriation is for the following purposes:
(a) Bullet Proof Vests Program............ $ 85,362.00.
(b) Driver Services IDEMIA System......... $ 6,700,000.00.
(c) Capital facilities, equipment, and other operational needs $ 1,099,425.00.
(d) Repairs and renovations at MELOTA..... $ 141,310.00.
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 26. The department may subgrant a portion of the funds appropriated herein to the Jackson Police Department for eligible activities contingent upon the execution of an operational agreement between the Capitol Police and Jackson Police Department on roles and responsibilities within the Capitol Complex Improvement District.
SECTION 27. Of the funds appropriated under the provisions of Section 2 of this act, Three Hundred Thousand Dollars ($300,000.00), 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 State Treasurer. These funds are provided to the Department of Public Safety for vehicles for Highway Patrol Troopers.
SECTION 28. Of the funds appropriated under the provisions of Section 2 of this act, One Million Dollars ($1,000,000.00), 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 State Treasurer. These funds are provided to the Department of Public Safety for the purchase of bulletproof vests and other equipment at the Department.
SECTION 29. Of the funds appropriated under the provisions of Section 2 of this act, One Million Two Hundred Thousand Dollars ($1,200,000.00), 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 State Treasurer. These funds are provided to the Department of Public Safety for case backlogs at the Forensic Laboratories.
SECTION 30. Of the funds appropriated under the provisions of Section 2 of this act, One Million One Hundred Forty-five Thousand Two Hundred Five Dollars ($1,145,205.00), 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 State Treasurer. These funds are provided to the Department of Public Safety for equipment and vehicles at the Forensic Laboratories, including equipment associated with House Bill No. 485, 2023 Regular Session.
SECTION 31. Of the funds appropriated under the provisions of Section 2 of this act, One Million Two Hundred Sixty Thousand Dollars ($1,260,000.00), 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 State Treasurer. These funds are provided to the Department of Public Safety for the building lease for Driver Services Bureau.
SECTION 32. Of the funds appropriated under the provisions of Section 2 of this act, Five Hundred Ninety-one Thousand Dollars ($591,000.00), 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 State Treasurer. These funds are provided to the Department of Public Safety to upgrade and maintain the IDEMIA System at the Driver Services Bureau and any equipment necessary to implement House Bill No. 529, 2023 Regular Session.
SECTION 33. Of the funds appropriated under the provisions of Section 2 of this act, Two Hundred Thousand Dollars ($200,000.00), 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 State Treasurer. These funds are provided to the Department of Public Safety for vehicles for Homeland Security.
SECTION 34. In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the General Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Department of Public Safety for Capitol Police operational expenses for the period beginning upon passage of this act and ending June 30, 2024...........................................................
................................................. $2,900,000.00.
SECTION 35. 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 36. This act shall take effect and be in force from and after July 1, 2023, with the exception of Section 34, which shall take effect and be in force from and after passage.