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Mississippi Legislature· HB 1909Approved by Governor (Chapter 60)

Appropriation; Human Services, Department of., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Appropriations C; Appropriations A

By: Representatives Deweese, Read, Bennett, Creekmore IV,
Currie, McGee, Mickens, Scott, Turner

House Bill 1909

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE
DEPARTMENT OF HUMAN SERVICES FOR THE FISCAL YEAR 2027.

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

SECTION 1.  The following sum, or so much thereof
as may be necessary, is appropriated out of any money in the State General Fund
not otherwise appropriated, to the Department of Human Services for the fiscal
year beginning July 1, 2026, and ending June 30, 2027.... $
94,690,585.00.

SECTION 2.  The following sum, or so much thereof
as may be necessary, is appropriated out of any money in any special fund in
the State Treasury to the credit of the Department of Human Services which is
comprised of special source funds collected by or otherwise available to the
department for the support of the various divisions of the department, for the
purpose of defraying the expenses of the department for the fiscal year
beginning July 1, 2026, and ending June 30, 2027  $
1,588,817,339.00.

SECTION 3.  None of
the funds appropriated by this act shall be expended for any purpose that is
not actually required or necessary for performing any of the powers or duties
of the Department of Human Services that are authorized by the Mississippi
Constitution of 1890, state or federal law, or rules or regulations that
implement state or federal law.

SECTION
4.  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:              $
58,776,823.00

Special Funds:              $
60,359,995.00

Total Funds:               $
119,136,818.00

PERSONAL SERVICES:

Employee Salaries, Wages
and

Fringe Benefits:          $
114,622,634.00

Progressions:              $
0.00

Vacancy Funding:            $
4,514,184.00

Total Personal
Services:    $  119,136,818.00

AUTHORIZED HEADCOUNT:

Permanent:                   1,307

Time-Limited:
348

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 2027 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 2028 do not exceed Fiscal Year 2027 funds
appropriated for that purpose unless programs or positions are added to the
agency's Fiscal Year 2027 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 2027 or increase the need for "Personal Services" for
Fiscal Year 2028, 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 2027.  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
2026.  If the agency fills additional headcounts after March 1, 2026, until the
end of Fiscal Year 2026, the amount of available Vacancy Funding may be
proportionally adjusted 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 or increase the Personal
Services total 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 2026 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 2026 to Fiscal Year 2027, it
will be the agency's discretion as to what headcounts are removed.

SECTION 5.  It is the intention of the Legislature
that the Department of Human Services 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 2026.  It is further the intention of the
Legislature that the agency's budget request for Fiscal Year 2028 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 2027 budget request process.

SECTION 6.  Of the
funds appropriated in Section 2 herein to the Department of Human Services, One
Million Dollars ($1,000,000.00) shall be transferred to the Department of
Health, Child Care Licensure Program from the Child Care Development Fund or
other appropriate special fund.  These funds are to be transferred to the Board
of Health no later than July 31, 2026.  The Department of Health shall make a
complete accounting to the Department of Human Services detailing the uses of
these funds in accordance with federal and state regulations.

SECTION 7.  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 8.  The
Department of Human Services 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 9.  It is the
intention of the Legislature that none of the funds provided herein shall be
used to pay certain utilities for state furnished housing for any employees.
Such utilities shall include electricity, natural gas, butane, propane, cable
and phone services.  Where actual cost cannot be determined, the agency shall
be required to provide meters to be in compliance with legislative intent.
Such state furnished housing shall include single-family and multi-family
residences but shall not include any dormitory residences.  Allowances for such
utilities shall be prohibited.

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:

FY2027

Performance Measures                                       Target

Support Services

Percent of Referred/Directed

Investigative Audits
Conducted                   100.00

Percent of Special
Investigations Conducted             95.00

Percent of Referred/Obtained
Fraud

Investigations
Conducted Timely                  100.00

Percent of Referred
Administrative

Disqualification
Hearings & Fair

Hearings Conducted
Timely                         99.00

Percent of Monitoring
Reviews Conducted

within Acceptable
Timeframes                      98.00

Total Amount of Funds
Recovered                 3,500,000.00

Aging & Adult Services

In-Home Services - Age 60 +
(Persons Served)           27,500

Community Services - Age 60
+ (Persons

Served)                                         193,617

Number of Congregate Meals                           468,272

Number of Home Delivered
Meals                     2,700,000

Substantiated Incidences of
Abuse of

Vulnerable Adults per
1,000 Population              0.17

Home Delivered Meals,
Percent Reduction

of Persons on Waiting
list                         1.00

Child Support Enforcement

Number of Paternities
Established                     15,500

Percent Change in
Paternities Established                3.30

Number of Obligations
Established                     16,000

Percent Change in
Obligations Established               12.50

Total Collections ($)                         378,000,000.00

Percent Change in Total
Collections                    -2.50

Number of Absent Parents
Located                      68,000

Percent of Child Support
Cases Current

on Payments                                       -2.53

Community Services

Number of Elderly Served by
CSBG & LIHEAP              20,352

Number of Disabled Served
CSBG/LIHEAP                 26,762

Number of Households
Weatherized                         516

Early Childhood Care & Dev

Number of Children Served                             33,000

Assistance Payments

Dollar Amount of Assistance                     6,240,877.00

Food Assistance

Number of Average Monthly
Households                 225,000

Supplement Nutrition
Assistance Program

- SNAP ($)                               716,413,100.00

Percent of Mississippi
Households

Receiving SNAP Benefits                           22.51

TANF Work Program

Number of Average Monthly
TANF Households               8,864

Number of Average Monthly
Persons Served

in TANF Work Program                              1,107

TANF Work Program
Participation Rate (%)                60.00

Number of Persons Employed
Through the

TANF Work Program for
the Year                      832

Number of Households
Receiving TANF

Benefits During the
Year                          9,969

Percent of Households
Receiving TANF

During the Year                                   49.00

Percent of TANF Participants
in Job Trng

Who Enter Employment                              30.00

Percent of TANF Participants in Job

Training Who Enter
Employment at A

Salary Sufficient to Be
Ineligible for

TANF                                             19.00

Percent of TANF Participants
in Job

Training Who Remain
Employed For: One

Year After Leaving the
Program                    75.00

Percent of TANF Participants
in Job

Training Who Remain
Employed For: Five

Years After Leaving the
Program                   65.00

Social Services Block Grant

Number of Clients Served,
Division of

Family & Children's
Services                     75,611

Number of Clients Served,
Aging & Adult

Services                                        21,178

Number of Clients Served,
Youth Services               12,880

Youth Services

Community Services (Children
Served)                   6,500

Institutional Component
(Children Served)                130

Number of Volunteers -
Community

Services/Institution                                  0

Number of Children Placed in
Alternative

Placement                                           95

Percent of Children Diverted
from

Institutional Care                                95.00

Recidivism Rate (%)                                     4.00

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 2028.

SECTION 11.  It is
the intent of the Legislature that the Department of Human Services, Division
of Child Support Enforcement, make a concentrated effort to increase
collections of past due child support payments.  On or before January 1, 2027,
the Executive Director of the Department of Human Services shall submit a
report to the Legislative Budget Office detailing year-to-date performance
measures in the Child Support Enforcement Program compared with the prior year.

SECTION 12.  It is
the intention of the Legislature that the Department of Human Services shall
have the authority to spend such additional funds as it shall receive from the
federal government in incentives or the federal match on those incentives for
the purpose of child support enforcement.

SECTION 13.  Of the
funds appropriated in Section 1, Two Hundred Fifty Thousand Dollars
($250,000.00) shall be transferred to the Juvenile Facility Monitoring Unit at
the Department of Public Safety no later than July 31, 2026.

SECTION 14.  Of the
funds appropriated herein, to the Department of Human Services One Million
Dollars ($1,000,000.00), is provided for the support of the Home Delivered
Meals Program and any additional funds that may be appropriated to this
program.

SECTION 15.  It is the intention of the
Legislature that the Governor's Office, Division of Medicaid and the Department
of Human Services shall continue to work together to implement Section 43-12-1,
Mississippi Code of 1972, known as the "Medicaid and Human Services
Transparency and Fraud Prevention Act".

SECTION 16.  As a condition of receiving and
expending any funds appropriated under this act, the Department of Human
Services:

(a)  Shall use a competitive
procurement process for entering into all TANF subgrant agreements with non-state
entities when the federal government does not direct to whom the funds must be
subgranted;

(b)  Upon awarding of a
grant to any subgrantee of the department, shall require the subgrantee to
submit a monthly report to the department that contains, but is not limited to,
all of the following:

(i)  A listing of all
costs incurred by the subgrantee during the previous month;

(ii)  A listing of all
clients served by the subgrantee, with an explanation of which services were
provided to the clients;

(iii)  A listing of all
lower-tier subgrantees, who must be approved by the department before the
execution of any such agreement by the prime subgrantee; and

(iv)  Any other data
required by the department to provide sufficient evidence of budgetary
compliance;

(c)  Shall not advance funds
to a subgrantee for more than sixty (60) days; and

(d)  Shall reimburse a
subgrantee for expenses only after the required documentation is provided and
is approved by the department.

SECTION 17. Of the funds appropriated in
Section 1, Fifteen Million Dollars ($15,000,000.00) is provided for the
additional cost of administering the SNAP Program.

SECTION 18.  It is
the intent of the Legislature, that within the funds available, the Department
of Human Services may provide any qualifying grants of CARES Act or American
Rescue Act funding in an amount not to exceed One Million Five Hundred Thousand
Dollars ($1,500,000.00) to the three (3) regional food banks that serve
Mississippi, including Feed the Gulf Coast, Mid-South Food Bank, and
Mississippi Food Network.

SECTION 19.  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 for the Department of Human Services for the
purpose of reauthorizing the expenditure of Capital Expense Funds, as
authorized in House Bill 20, 2025 First Extraordinary Session, to defray
expenses of the Department of Human Services for the fiscal year beginning July
1, 2026, and ending June 30, 2027 $   55,431,146.00.

This reappropriation is made for the following purposes:

(a) To defray the Department's computer expenses............

............................................. $
1,431,146.00

(b) To secure federal funding for a new computer system.....

............................................. $
54,000,000.00

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,
2026, 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 20. Of the funds appropriated under the
provisions of Section 2, Five Million One Hundred Thousand Dollars
($5,100,000.00), 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 Mississippi Department
of Human Services to secure federal funding for a new computer system.

SECTION 21. Of the funds appropriated under the
provisions of Section 2, Two Million Dollars ($2,000,000.00), 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 Mississippi Department of Human Services to demolish
deteriorated structures at Oakley Youth Development Center.

SECTION 22. Of
the funds appropriated under the provisions of Section 2, One Million Five
Hundred Thousand Dollars ($1,500,000.00), 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 Mississippi Department of Human Services to establish and
implement a pilot Adolescent Opportunity Program to serve youth as a community-based
diversion and intervention program with the goal of reducing recidivism among
adolescents.  Before expending or disbursing any funds under this section, the
department shall develop a written pilot plan and enter into a grant or
subgrant agreement for the administration of the program.  Any award made under
this section shall be based on demonstrated need, service gaps, court
referrals, and the capacity to deliver structured community-based services.
The department shall require, at a minimum, quarterly performance and
expenditure reports from recipients and may require matching support, in-kind
participation, or local partnership commitments as a condition of award.

SECTION 23.
With the funds appropriated herein, the Mississippi Department of Human
Services is authorized to make payments for expenses incurred during prior
fiscal years for an amount not to exceed Fifty-five Thousand Two Hundred Sixty-six
Dollars and Nineteen Cents ($55,266.19).  These payments are for previous year
invoices for Eastern Business Forms, LLC; Court Costs for Jefferson, Smith, and
Amite counties; NSPARC; LexisNexis; Pitney Bowes; Environment MASTERS; Moses
Electric, Inc.; Prime Care Nursing; RJYoung; Siemens; Uniform Store, LLC; and
Waste Management.

SECTION 24.  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 25.  This act
shall take effect and be in force from and after July 1, 2026.
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