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Mississippi Legislature· HB 1390Approved by Governor (Chapter 439)

State agencies; revise certain provisions in FY26 appropriations to., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Appropriations A

By: Representative Read

House Bill 1390

(As Sent to Governor)

AN ACT TO AMEND SECTION 6 OF CHAPTER 3, LAWS OF FIRST
EXTRAORDINARY SESSION OF 2025, TO REDUCE THE AMOUNT AUTHORIZED FOR THE ANNUAL
SALARY OF THE CHAIRMAN OF THE ATHLETIC COMMISSION FOR FISCAL YEAR 2026; TO
AMEND SECTION 3 OF CHAPTER 66, LAWS OF FIRST EXTRAORDINARY SESSION OF 2025, TO
INCREASE THE AUTHORIZED HEAD COUNT FOR TIME LIMITED POSITIONS OF THE DEPARTMENT
OF CHILD PROTECTION SERVICES FOR FISCAL YEAR 2026; TO AMEND SECTION 18 OF
CHAPTER 86, LAWS OF FIRST EXTRAORDINARY SESSION OF 2025, TO INCREASE THE AMOUNT
OF FUNDS PROVIDED FOR FISCAL YEAR 2026 FROM THE
STATE NG911 FUND FOR STARTUP COSTS FOR THE NEW STATE NG911 PROGRAM AT THE MISSISSIPPI
EMERGENCY MANAGEMENT AGENCY; AND FOR
RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  Section 6
of Chapter 3, Laws of First Extraordinary Session of 2025 (Athletic
Commission), is amended as follows:

Section 6.  With the
funds appropriated herein, the Chairman of the Commission shall be the ex
officio recorder of permits and licenses and for his service as such shall
receive an annual salary equal to * * *Forty‑three Thousand Sixty Dollars ($43,060.00)
Thirty-two Thousand Five Hundred Dollars ($32,500.00).

SECTION 2.  Section 3
of Chapter 66, Laws of First Extraordinary Session of 2025 (Child Protection
Services) is amended as follows:

Section 3.  Of the
funds appropriated under the provisions of this act, not more than the
following amount of funds, with the exception of the provisions in this
section, shall be expended only for "Personal Services," which
includes "Vacancy Funding," for the following authorized number of
employment headcount:

FUNDING:

General Funds:              $
63,813,836.00

Special Funds:              $
61,075,742.00

Total Funds:                $
124,889,578.00

PERSONAL SERVICES:

Employee Salaries,
Wages, and

Fringe Benefits:          $
118,645,099.00

Progressions:              $
0.00

Vacancy Funding:            $
6,244,479.00

Total Personal
Services:    $  124,889,578.00

AUTHORIZED HEADCOUNT:

Permanent:                   1,507

Time-Limited:
* * *412 422

As used in this section, the
term "Personal Services" shall mean funds provided under the major
object of expenditure category Personal Services for Salaries, Wages, and
Fringe Benefits.  Funds in this category shall not be transferred to any other
category.

It is the intention of the
Legislature to ensure compliance with the Variable Compensation Plan, as
outlined in Section 25-9-147, Mississippi Code of 1972. Payment from these
funds shall be in accordance with the Variable Compensation Plan promulgated by
the Mississippi State Personnel Board. It is the Legislature's intention that
no employee's salary falls below the minimum salary established by the
Mississippi State Personnel Board.

The State Personnel Board
shall determine and publish the projected annual cost of "Personal
Services" based on monthly and year-to-date payroll expenditures in
compliance with the provisions of this act.

With the funds herein
appropriated, it shall be the agency's responsibility to ensure that no single
personnel action or combination of personnel actions, when annualized, exceeds
the Fiscal Year 2026 appropriation for "Personal Services" with the
exception of escalated funds. Further, it shall be the agency's responsibility
to ensure that funds required to be appropriated for "Personal
Services" for Fiscal Year 2027 do not exceed Fiscal Year 2026 funds
appropriated for that purpose unless programs or positions are added to the
agency's Fiscal Year 2026 budget by the Mississippi Legislature.

If, at the time the agency
takes any action to change "Personal Services," the State Personnel
Board determines that the agency has taken or will take an action that would
cause the agency to exceed the funds appropriated in this act when annualized
for Fiscal Year 2026 or increase the need for "Personal Services" for
Fiscal Year 2027, when annualized, the State Personnel Board shall process no
salary actions until such time as the requirements of the provisions of this
section are met with the exception of new hires determined to be essential for
the agency.

When used in this section,
"Vacancy Funding" shall mean funds included in the Total Personal
Services amount listed above and designated for approved vacancies in Fiscal
Year 2026. These funds are to be utilized to increase the number of filled
headcounts that were authorized but unfilled as of the last day of Fiscal Year
2025. If the agency fills additional headcounts after May 1, 2025, until the
end of Fiscal Year 2025, the amount of available Vacancy Funding may be proportionally
reduced to reflect the updated number of filled headcounts. The agency shall be
responsible for ensuring that "Vacancy Funding" is used to increase
headcounts and not for promotions, title changes, in-range salary adjustments,
or any other mechanism for increasing salaries for current employees.

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 headcounts without proof of availability of new or additional
funds above the appropriated level. Unless specifically noted, all Fiscal Year
2025 escalated headcounts have been accounted for and shall be converted to
authorized time-limited headcounts.

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.

If the agency's total
authorized headcount decreases from Fiscal Year 2025 to Fiscal Year 2026, it
will be the agency's discretion as to what headcounts are removed.

The Legislature authorized six (6) new headcounts,
which are included in the authorized headcount above for Fiscal Year 2026.

New Headcount Authorized:

Attorney Family - 6

SECTION 3.   Section
18 of Chapter 86, Laws of First Extraordinary Session of 2025 (Mississippi
Emergency Management Agency), is amended as follows:

Section 18.  Of the funds appropriated in Section 2, * * *Seven Hundred Forty‑three Thousand Dollars
($743,000.00) Three Million Dollars ($3,000,000.00) is
provided from the State NG911 Fund as created in * * *Senate Bill 2835, 2025 Regular Session Section
19-5-395, Mississippi Code of 1972, for startup costs for the new State
NG911 program at the agency.

SECTION 4.  This act
shall take effect and be in force from and after its passage.
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