SB3017Adopted (AsCOMMITTEE SentAMENDMENT toNO Governor)1 -PROPOSED 2019TO RegularSenate SessionBill MISSISSIPPINo. LEGISLATURE Regular Session To:

Appropriations3017 By:BY:

Senator(s)Committee Clarke,Amend Hopson,by Michel,striking Jacksonall (32nd),after McDaniel,the Simmonsenacting (13th),clause Jacksonand (11th),inserting Jordanin Senatelieu Billthereof 3017the (Asfollowing: Sent to Governor) AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY, AND FOR THE PURPOSE OF ESTABLISHING A DISASTER RELIEF RESERVE FUND AND DEFRAYING THE COSTS RELATED TO CERTAIN DISASTER ASSISTANCE PROGRAMS FOR FISCAL YEAR 2020.

    SECTION BE1. 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 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, 2019,July 1, 2019, and ending June 30, 2020June $    30, 3,813,870.00.2020.........$ 3,741,954.00.

SECTION 2. 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, 2019, and ending June 30, 2020...............................

$   The 27,649,271.00.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 19/HR13/SB3017A.J *HR13/SB3017A.J* P(LAR/DW) 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, 2019, and ending June 30, 2020..................

SECTION...............................................$ 3. 26,282,274.00. Of the funds appropriated in Sections and 2, the following positions are authorized:

 SECTION AUTHORIZED3. POSITIONS:

Permanent:   Of Fullthe Time...........funds appropriated in Sections 1 and 2, the following positions are authorized:

    AUTHORIZED 123POSITIONS: Part Time...........

      Permanent: 0 Time-Limited:

Full Time...........Time.............

     123 32 Part Time...........Time.............

       0     Time-Limited: 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 2021 do not exceed Fiscal Year 2020 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2020 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.  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 2020 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 2020 "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.

    Full FundsTime............. are provided herein for all full-time employees to receive up to a Three Percent (3%) pay increase to the realignment component of the Variable Compensation Plan, excluding head of agencies, board members and commission members.

    32 AnyPart transfersTime............. 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.

    0 NoWith generalthe funds authorizedherein toappropriated, beit expended herein shall be usedthe agency's responsibility to replacemake federalcertain that funds and/orrequired otherto specialbe fundsappropriated whichfor are"Personal beingServices" used for salariesFiscal authorizedYear under2021 thedo provisionsnot ofexceed thisFiscal actYear and2020 whichfunds appropriated for that purpose, unless programs or positions are withdrawnadded andto nothe longeragency's available.Fiscal Year 2020 budget by the Mississippi Legislature.

    Based Noneon ofdata provided by the fundsLegislative hereinBudget appropriatedOffice, shallthe beState usedPersonnel inBoard violationshall ofdetermine Internaland Revenuepublish Service'sthe Publicationprojected 15-Aannual relatingcost to thefully reportingfund ofall incomeappropriated paidpositions toin contractcompliance employees,with as interpreted by the Officeprovisions of thethis Stateact. Auditor.

     SECTION 4.  It isshall thebe intention of the Legislatureresponsibility that the Director of the Mississippiagency Emergencyhead Managementto Agencyensure may,that uponno thesingle requestpersonnel ofaction aincreases localthis publicprojected emergencyannual managementcost organizationand/or inthe anFiscal areaYear which2020 hasappropriations sufferedfor a"Personal naturalServices" disaster,when supplyannualized, equipmentwith to rural water associations to enable their continued operation when the local19/HR13/SB3017A.J emergency*HR13/SB3017A.J* managementP(LAR/DW) organizationexception determinesof thatescalated suchfunds privateand entities provide services essential to the welfareaward of thebenchmarks. community.

    If, SECTIONat 5. the Ittime is the intentionagency oftakes any action to change "Personal Services," the LegislatureState Personnel Board determines that the Directoragency ofhas taken an action which would cause the Mississippiagency Emergencyto Managementexceed Agencythis shallprojected provideannual enhancedcost trainingor tothe localFiscal governments,Year supervisors,2020 mayors,"Personal civilServices" defenseappropriated groupslevel, andwhen municipalannualized, associationsthen inonly disasterthose management.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.

SECTIONAny 6. transfers The following sum, or soescalations muchshall thereof as may be necessary,made is hereby appropriated out of any money in theaccordance Statewith General Fund not otherwise appropriated, to the Mississippiterms, Emergencyconditions Management Agency for the purpose of defraying certain administrative expenses and theprocedures stateestablished shareby oflaw theor costallowable ofunder disaster assistance programs, including, but not being limited to, public assistance programs, individual and family grant programs, and mitigation programs, for the fiscalterms yearset beginningforth July 1, 2019,within andthis endingact. June 30, 2020.........

$   The 585,056.00.State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration.

SECTION 7.  The followingDepartment sum,of orFinance soand muchAdministration thereofshall asnot mayprovide bewritten necessary,approval isto herebyescalate appropriated out of any moneyfunds infor thesalaries Stateand/or Treasurypositions towithout theproof creditof availability of thenew Mississippior Emergencyadditional Managementfunds Agencyabove Fundthe Nos.appropriated level.

3725,No 3728,general 372U,funds 3729,authorized andto 37AHbe forexpended theherein purposeshall ofbe defrayingused certainto administrativereplace expenses and the state and federal sharefunds ofand/or theother costspecial offunds disasterwhich assistanceare programs, including, but not being limitedused to,for publicsalaries assistanceauthorized programs,under individualthe andprovisions familyof grantthis programs,act and mitigationwhich programs,are forwithdrawn the fiscal year beginning July 1, 2019, and endingno Junelonger 30,available. 2020................................

$ None 469,446,217.00.of the funds herein appropriated shall be used in violation of Internal Revenue Service’s Publication 15-A relating 19/HR13/SB3017A.J *HR13/SB3017A.J* P(LAR/DW) to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.

     SECTION 8. 4. The funds appropriated under the provisions of Sections 6 and 7 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:

    It 1604     is Hurricanethe Katrinaintention      4081      Hurricane Isaac      4101      Severe Storms, Tornadoes, Flooding - City of              the HattiesburgLegislature &that Pinebeltthe AreaDirector      4175      Severe Storms, Tornadoes, Flooding - Cities of              the Louisville & Tupelo      4205      Severe Storms, Tornadoes, Marion County & City of               Columbia               Hazard Mitigation               Other Needs Assistance               Mississippi Temporary Housing Program               Pre-Disaster Response               Emergency PreparednessManagement ProgramsAgency     may, 4248     upon Severethe Storms,request Tornadoes,of Floodinga -local Northpublic              emergency Mississippi/Hollymanagement Springsorganization      4268      Delta Flooding      4295      Pine Belt Tornado/Flooding      4314      Severe Storms, Flooding in Adams,an Calhoun,area Carroll,which              has Claiborne,suffered Holmes,a Jefferson,natural Montgomery,disaster, Webstersupply &equipment              to Yazoorural Countieswater     associations 4350     to Hurricaneenable Natetheir     continued 4415     operation Severewhen Storms,the Floodinglocal &emergency Tornadomanagement inorganization Clarke,determines              that Covington,such Forrest,private Greene,entities Jasper,provide Jones,services Marion,essential               Newton, Perry & Wayne Counties      SECTION 9.  None of the funds appropriated in Section 6 shall be used to establish a special reserve fund in the Statewelfare Treasury for disaster relief except as provided for in Section 33-15-307, Mississippi Code of 1972.the community.

     SECTION 10. 5. Of the funds appropriated in Section 2, Two Hundred Forty Thousand Dollars ($240,000.00), 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, for matching grant funds for Next Generation (NG) 911.

     SECTION 11.  It is the intention of the Legislature that the agency'sDirector budgetof requestthe forMississippi FiscalEmergency YearManagement 2021Agency shall beprovide submittedenhanced training to thelocal Jointgovernments, Legislativesupervisors, Budgetmayors, Committeecivil indefense agroups format and levelmunicipal ofassociations detailin comparabledisaster tomanagement. the format and level of detail provided during the Fiscal Year 2020 budget request process.

     SECTION 12. 6. 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:

                                                         The FY2020following Performancesum, Measures                                     or Targetso Emergencymuch Mgmtthereof Preparednessas     may Percentagebe ofnecessary, theis Affectedhereby Populationappropriated          out Informed                                        of 80.00any     money Averagein Timethe toState DeliverGeneral GoodsFund andnot          otherwise Servicesappropriated, (Hrs)                                      to 1the RecoveryMississippi     Emergency NumberManagement ofAgency Ongoingfor Projects                             the 784purpose      Number of Meetingsdefraying Conducted                           certain 240administrative     expenses Averageand Costthe Perstate Project                        share 410,000.00      Percentage of Recoverythe Objectivescost Complete           100.00 Mitigation      Number of Workshopsdisaster Conducted                           assistance 12programs,     including, Numberbut ofnot Ongoingbeing Projects                             limited 100to,     public Averageassistance Costprograms, Perindividual Project                          and 4,300.00family     grant Reductionprograms, in Damage Due to Natural and          mitigation Man-Madeprograms, Incidentsfor (%)                            7.00      A reporting of the degreefiscal toyear whichbeginning theJuly performance1, targets2019, setand aboveending haveJune been30, or2020............$ are585,056.00. being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2021.

    19/HR13/SB3017A.J SECTION*HR13/SB3017A.J* 13. P(LAR/DW) ItSECTION is7. 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.

SECTIONThe 14. following Itsum, isor theso intentionmuch ofthereof theas Legislaturemay thatbe thenecessary, Mississippiis Emergencyhereby Managementappropriated Agencyout shall submit a notification and summary of allany statemoney supportin fundingthe onState allTreasury disastersto thatthe requirecredit generalof fundsthe orMississippi stateEmergency supportManagement specialAgency fundsFund toNos. the Legislative Budget Office.

    3725, SECTION3728, 15. 372U, It3729, isand 37AH for the intentionpurpose of thedefraying Legislaturecertain thatadministrative fromexpenses anyand fundsthe appropriatedstate inand thisfederal act,share of the agencycost shallof maintaindisaster aassistance minimumprograms, ofincluding, ninebut (9)not Areabeing Coordinatorslimited toto, providepublic daily assistance toprograms, localindividual jurisdictionsand withfamily emergencygrant managementprograms, activitiesand asmitigation wellprograms, asfor tothe providefiscal quickeryear responsebeginning toJuly incidents1, and/or2019, disasters.and ending June 30, 2020............................$ 452,094,439.00.

SECTION 8.

The funds appropriated under the provisions of Sections 6 and 7 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 4081 Hurricane Isaac 4101 Severe Storms, Tornadoes, Flooding - City of Hattiesburg & Pinebelt Area 4175 Severe Storms, Tornadoes, Flooding - Cities of Louisville & Tupelo 4205 Severe Storms, Tornadoes, Marion County & City of Columbia Hazard Mitigation 19/HR13/SB3017A.J *HR13/SB3017A.J* P(LAR/DW) Other Needs Assistance Mississippi Temporary Housing Program Pre-Disaster Response Emergency Preparedness Programs 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 SECTION 9.

None of the funds appropriated in Section 6 shall be used to establish a special reserve fund in the State Treasury for disaster relief except as provided for in Sections 43-41-1 et seq.

and 43-41-301 et seq., Mississippi Code of 1972.