House Amendments to Senate Bill No. 3040

 

TO THE SECRETARY OF THE SENATE:

 

† THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:

 

 

AMENDMENT NO. 1

 

†††† Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 


SECTION 1.† The following sum, or so much thereof as may be necessary, is hereby appropriated out of any funds in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Emergency Management Agency in accordance with the provisions of Section 33-15-1 et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2024, and ending June 30, 2025† $††† †5,189,615.00.

SECTION 2.† 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 Mississippi Emergency Management Agency which is comprised of special source funds collected by or otherwise available to the agency, for the support and maintenance of the agency for the fiscal year beginning July 1, 2024, and ending June 30, 2025..................................................

............................................ $††† 20,895,255.00.

SECTION 3.† Of the funds appropriated in Sections 1 and 2 of this act, the following positions are authorized:

† AUTHORIZED HEADCOUNT:

Permanent:†††† †††† 108

Time-Limited:† ††††† 68

†††† With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required for Personal Services for Fiscal Year 2026 do not exceed Fiscal Year 2025 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2025 budget by the Mississippi Legislature. The Legislature shall determine the agency's personal services appropriation, which the State Personnel Board shall publish. In accordance with applicable laws, if an agency determines that its personal services amount is insufficient, the agency must contact the State Personnel Board. Any adjustment to the personal services amount must be approved by the State Personnel Director and the State Fiscal Officer after consultation with the Legislative Budget Office. Any adjustment shall be reported to the Legislative Budget Office and the House and Senate Appropriations Chairmen. The agency's personal services appropriation may consist of restricted funds for approved vacancies for Fiscal Year 2025 that may not be utilized for active Fiscal Year 2024 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. If the State Personnel Board determines that an agency has used provided vacancy funds for any of the mechanisms previously listed, the State Personnel Board shall not process any additional salary actions for the agency in the current fiscal year, except for new hires determined by the State Personnel Board to be essential for the agency. 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 2025 do not exceed the data provided by the Legislative Budget Office. If the agency's projected cost for Fiscal Year 2025 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.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 State General Fund not otherwise appropriated, to the Mississippi Emergency Management Agency for the purpose of defraying certain administrative expenses and the state share of the cost of disaster assistance programs, including, but not being limited to, public assistance programs, individual and family grant programs, and mitigation programs, for the fiscal year beginning July 1, 2024, and ending June 30, 2025........... $††† 585,056.00.

SECTION 5.† 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 State Treasury to the credit of the Mississippi Emergency Management Agency Fund Nos. 33703, 3725, 3728, 372U, 3729, 37AH, 53730, 6820174300, and 58202 for the purpose of defraying certain administrative expenses and the state and federal share of the cost of disaster assistance programs, including, but not being limited to, public assistance programs, individual and family grant programs, and mitigation programs, for the fiscal year beginning July 1, 2024, and ending

June 30, 2025................................. $† 456,588,556.00.

†††† SECTION 6. †The funds appropriated under the provisions of Sections 4 and 5 of this act are provided to defray certain administrative expenses and the state and federal share of the cost of disaster assistance programs, including public assistance programs, individual and family grant programs, and mitigation programs resulting from, but not being limited to, the following:

†††† 1604††††† Hurricane Katrina

†††† 4175††††† Severe Storms, Tornadoes, Flooding - Cities †††††††††† ††††††††† of Louisville & Tupelo

†††† †-††††††† Hazard Mitigation

†††† †-††††††† Other Needs Assistance

†††† †-†† †††† Mississippi Temporary Housing Program

†††† †-††††††† Pre-Disaster Response

†††† †-††††††† Emergency Preparedness Programs

†††† 4429††††† Feb 22-March 29, 2019 Flooding

†††† 4450††††† Severe Weather April 13, 2019

†††† 4470††††† Severe Weather October 26, 2019

†††† 4478††††† Severe Weather January 10-11, 2020

†††† 4528††††† Coronavirus Pandemic

†††† 4536††††† Severe Weather April 12, 2020 Easter Tornadoes

†††† 4538††††† Flooding Feb 10-18, 2020 (Pearl River Flood)

†††† 4248††††† Severe Storms, Tornadoes, Flooding - North

††††††††† †††† Mississippi/Holly Springs

†††† 4268††††† Delta Flooding

†††† 4295††††† Pine Belt Tornado/Flooding

†††† 4314††††† Severe Storms, Flooding in Adams, Calhoun, ††††††††††† ††††††††† Carroll, Claiborne, Holmes, Jefferson, Montgomery, †††††††† †††† Webster & Yazoo Counties

†††† 4350††††† Hurricane Nate

†††† 4415††††† Severe Storms, Flooding & Tornado in Clarke,

††††††††††††† Covington, Forrest, Greene, Jasper, Jones, † ††††††††† ††††††††† Marion, Newton, Perry & Wayne Counties

†††† 4551 †††† Severe Weather April 22-23, 2020

†††† 3544 †††† Hurricane Sally

†††† 3548 †††† Hurricane Delta

†††† 4576 †††† Hurricane Zeta

†††† 4598 †††† 2021 Winter Storm

†††† 3582 †††† Water Crisis EM Dec.

†††† 4697 †††† Severe Weather March 24-25, 2023

†††† SECTION 7.† None of the funds appropriated in Section 4 of this act shall be used to establish a special reserve fund in the State Treasury for disaster relief except as provided for in Section 33-15-307, Mississippi Code of 1972.

†††† SECTION 8.† It is the intention of the Legislature that the Director of the Mississippi Emergency Management Agency may, upon the request of a local public emergency management organization in an area which has suffered a natural disaster, supply equipment to rural water associations to enable their continued operation when the local emergency management organization determines that such private entities provide services essential to the welfare of the community.

†††† SECTION 9. †It is the intention of the Legislature that the Director of the Mississippi Emergency Management Agency shall provide enhanced training to local governments, supervisors, mayors, civil defense groups and municipal associations in disaster management.

†††† SECTION 10. †It is the intention of the Legislature that the Mississippi Emergency Management Agency 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 2024.† It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2026 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 2025 budget request process.

†††† SECTION 11. †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:

††††††††††††††††††††††††††††††††††††††††††††††††††††††††† FY2025

Performance Measures†††††††††††††††††††††††††††††††††††††† Target

Emergency Mgmt Preparedness

†††† Percent of the Affected Population Informed††††††††††† 100.00

†††† Average Time to Deliver Goods & Services††††††††††††††††† 48

Recovery

†††† Number of Ongoing Projects††††††††††††††††††††††††††††††† 22

†††† Number of Meetings Conducted†††††††††††††††††††††††††† 6,000

†††† Average Cost per Project†††††††††††††††††††††† 20,000,000.00

†††† Percent of Recovery Objectives Complete††††††††††††††† 100.00

Mitigation

†††† Number of Workshops Conducted†††††††††††††††††††††††††††† 14

†††† Number of Ongoing Projects††††††††††††††††††††††††††††††† 15

†††† Average Cost per Project††††††††††††††††††††††††† 100,000.00

†††† Percent Reduction in Damage Due to

††††††††† Natural and Man-Made Incidents†††††††††††††††††††† 5.00

†††† 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 2026.

†††† SECTION 12.† It is the intention of the Legislature that the Executive Director of the Mississippi Emergency Management Agency shall have authority to transfer not more than Five Hundred Thousand Dollars ($500,000.00) from any general or special fund treasury fund and major object budget category to another special or general fund treasury fund and major object budget category accordingly under the control of the Mississippi Emergency Management Agency.† The purpose of this authority is to more efficiently use available cash reserves.† It is further the intention of the Legislature that the Executive Director of the Mississippi Emergency Management Agency shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth of the month prior to the effective date of the transfer.

SECTION 13.† It is the intention of the Legislature that the Mississippi Emergency Management Agency shall submit a notification and summary of all state support funding on all disasters that require general funds or state support special funds to the Legislative Budget Office.

†††† SECTION 14.† It is the intention of the Legislature that from any funds appropriated in this act, the agency shall maintain a minimum of nine (9) Area Coordinators to provide daily assistance to local jurisdictions with emergency management activities as well as to provide quicker response to incidents and/or disasters. In addition, it is the intent of the Legislature that these Area Coordinators shall reside in or within fifty (50) miles of their assigned districts.

†††† SECTION 15. †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 16. †With funds appropriated herein, the Mississippi Emergency Management Agency is authorized to make reimbursement payments directly to individual Mississippi citizens who have been or will be approved to participate in the Federal Emergency Management Agencyís Safe Room Grant Program. †All funds paid by the Mississippi Emergency Management Agency under this program will be reimbursed to the Agency by the Federal Emergency Management Agency.

SECTION 17. †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 Mississippi Emergency Management Agency for the purpose of reauthorizing the expenditure of Capital Expense Funds for the purpose of defraying the expenses for vehicle purchases, as authorized in Senate Bill No. 3016, 2023 Regular Session, for the fiscal year beginning July 1, 2024, and ending June 30, 2025. $ †††††78,238.00.

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, 2024, 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 18. †With the funds appropriated herein, the Mississippi Emergency Management Agency is authorized to make payment for expenses incurred during Fiscal Year 2021 to Innovative Emergency Management, Inc. in an amount not to exceed Fifty-seven Thousand Six Hundred Ninety-nine Dollars and Thirteen Cents ($57,699.13).

†††† SECTION 19.† The expenditure of the funds appropriated by this act shall be under the direction of the Governor and shall be paid by the State Treasurer out of any money in 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 20. †This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed from and after June 30, 2024.


 

HR13\SB3040A.J

 

††††††††††††††††††††††††††††††††††††††††††††††† Andrew Ketchings

††††††††††††††††††††††††††† Clerk of the House of Representatives