SB3012_H_Cmte_Amend

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................................ $ 137,975,403.00.

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................................ $ 110,476,931.00.

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

AUTHORIZED HEADCOUNT:

Permanent: 1,598

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 shall be published by the 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 with the exception of new hires that are 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 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.

Funds have been appropriated herein for the purpose of funding Project SEC2 minimum salaries for all employees covered under the Colonel Guy Groff/Neville Kenning Variable Compensation Plan. It shall be the agency’s responsibility to ensure that the funds are used to increase all employees’ salaries up to the minimum level as determined by the State Personnel Board.

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

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 SB 3014, 2022 Regular Session to at 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.

(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. 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 28. This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed from and after June 29, 2023.