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Mississippi Legislature· HB 1934Approved by Governor (Chapter 59)

Appropriation; Arts Commission., the official text

Shown verbatim: the complete text as captured from the official page posted by the Mississippi Legislature, fetched 2026-08-29. This is the enrolled version. The official bill page.
MISSISSIPPI
LEGISLATURE

2026 Regular
Session

To:
Appropriations E; Appropriations A

By:
Representatives Oliver, Read, Arnold, Boyd (19th), Hines, Mangold, Massengill,
Roberson, Scoggin

House Bill 1934

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING
THE EXPENSES OF THE MISSISSIPPI ARTS COMMISSION 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, for the purpose of defraying the expenses of the
Mississippi Arts Commission for the fiscal year beginning
July 1, 2026, and ending June 30, 2027........................................

............................................ $     1,625,312.00.

SECTION 2.  The following sum, or so much thereof
as may be necessary, is appropriated out of any money in the special fund in
the State Treasury to the credit of the Mississippi Arts Commission which is
comprised of special source funds and donations collected by or otherwise
available to the commission, for the purpose of defraying the expenses of the
commission for the fiscal year beginning July 1, 2026, and ending
June 30, 2027..................................................

............................................ $
6,249,838.00.

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:               $
999,319.00

Special Funds:               $
117,762.00

Total Funds:                 $  1,117,081.00

PERSONAL SERVICES:

Employee Salaries,
Wages and

Fringe Benefits:            $
1,117,081.00

Progressions:                $
0.00

Vacancy Funding:             $
0.00

Total Personal
Services:      $  1,117,081.00

AUTHORIZED HEADCOUNT:

Permanent:                   11

Time-Limited:
2

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 4.  It is the intention of the Legislature
that the Mississippi Arts Commission 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 5.  Of the
funds appropriated under the provisions of Section 2, funds in the amount of
One Million Four Hundred Ninety Thousand Dollars ($1,490,000.00) shall be
derived from the Education Enhancement Fund deposited pursuant to Sections 27-65-75
and 27-67-31, Mississippi Code of 1972, for the following:

Training of educators and promotion of arts programs in

public schools......................... $    100,000.00

Miscellaneous grants and programs............ $
350,000.00

Whole Schools Initiative.................... $
1,040,000.00

SECTION 6.  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 Mississippi Arts Commission for the
purpose of reauthorizing the expenditure of Capital Expense Funds as authorized
in House Bill 41, 2025 First Extraordinary Session, to provide for the Building
Fund for the Arts for the fiscal year beginning July 1, 2026, and ending June
30, 2027................... $ 3,800,000.00.

Notwithstanding the amount
reappropriated under the provisions of this section, in no event shall the
amount expended exceed the unexpended balances as of June 30, 2026. In
addition, this reappropriation shall not change the purpose for which the funds
were originally authorized.

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.  It is the
intention of the Legislature that the funds herein appropriated shall be
expended in compliance with Section 27-104-25, Mississippi Code of 1972, that
no state agency shall incur obligations or indebtedness in excess of their
appropriation and that the responsible officers, either personally or upon
their official bonds, shall be held responsible for actions contrary to this
provision.

SECTION 9.  It is the
intention of the Legislature that the Arts Commission may retain an amount not
to exceed one percent (1%) of the monies in the Building Fund for the Arts for
the purpose of defraying administrative costs associated with administering the
grant program established in Section 39-11-13, Mississippi Code of 1972.

SECTION 10.  Of the
funds appropriated under the provisions of Section 2, Three Million Five
Hundred Thousand Dollars ($3,500,000.00), 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 Treasurer's Office. This appropriation
is made for the purpose of providing the funds necessary to authorize the
expenditure of funds for the Building Fund for the Arts.

SECTION 11.  Of the
funds appropriated under the provisions of Section 2, Fifty Thousand Dollars
($50,000.00), 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.  This appropriation is made for the purpose of
providing compliance updates and improvements to the agency's website.

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