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Mississippi Legislature· SB 3087Approved by Governor (Chapter 38)

Appropriation; Audit, Department of., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Appropriations

By: Senator(s) Hopson, DeBar, DeLano, Barnett, McLendon,
Sparks, Suber

Senate Bill 3087

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING
THE EXPENSES OF THE STATE DEPARTMENT OF AUDIT FOR 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 hereby appropriated out of any funds in the State
General Fund not otherwise appropriated, for the purpose of paying salaries and
defraying the expenses of the State Department of Audit in making the audits
and investigations of public offices of the state and counties as provided by
Section 7-7-201 et seq., Mississippi Code of 1972, for the fiscal year
beginning July 1, 2026, and ending June 30, 2027.... $
8,149,947.00.

SECTION 2.  The following sum, or so much thereof
as may be necessary, is hereby appropriated out of any special funds in the
State Treasury to the credit of the State Department of Audit's special fund
account for the purpose of paying salaries and defraying the expenses of the
State Department of Audit in making the audits and investigations of public
offices of the state and counties as provided by Section 7-7-201 et seq.,
Mississippi Code of 1972, for the fiscal year beginning July 1, 2026,
and ending June 30, 2027........ $     5,174,719.00.

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:               $
7,956,322.00

Special Funds:               $
4,684,388.00

Total Funds:                 $
12,640,710.00

PERSONAL SERVICES:

Employee Salaries,
Wages and

Fringe Benefits:            $
11,613,915.00

Progressions:                $
0.00

Vacancy Funding:             $
1,026,795.00

Total Personal
Services:      $ 12,640,710.00

AUTHORIZED HEADCOUNT:

Permanent:                   147

Time-Limited:
0

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.  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

Finance & Compliance

County Government Audits-
Percent

Audited by CPA Firms                              60.00

County Government Audits-
Percent

Audited by OSA                                    40.00

Single Audit Federal Program
Coverage -

Percent Audited by CPA
Firms                      60.00

Single Audit Federal Program
Coverage -

Percent Audited by OSA                            40.00

ACFR Opinion Units - Percent
General

Fund Assets                                       75.00

ACFR Opinion Units - Percent
General

Fund Reserves                                     75.00

Technical Assistance

Number of Technical
Assistance Inquiries                6,400

Cost per Technical
Assistance Inquiry                  15.00

Percent Customer
Satisfaction Rating of

70% or Higher                                     75.00

Investigations

Recovered Embezzled and/or
Misspent

Funds as a Result of
Investigations

Conducted by this
Office                     600,000.00

Recovered Funds as a Percent
of Total

Misspent Funds                                    18.00

Performance Audits

Number of Performance Audit
Reports

Completed                                           10

Number of Positive Changes
Recommended

in Performance Audits
or Bond Monitoring

Reports                                             25

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 5.  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 6.  Of the funds
appropriated in Section 2
of this act,
it is the intention of the Legislature that Thirty Thousand Dollars
($30,000.00) is provided for the purpose of paying fees for a CPA Review Course
for the Office of the State Auditor's employees to be reimbursed over a 12-month period
by the employee taking the course.

SECTION 7.  It is the intention of the Legislature
that the State Auditor is hereby authorized to escalate, budget and expend
funds from any source made available to comply with the Single Audit Act of
1984 for the purpose of employing staff, paying related expenses, or to engage
private accountants, as necessary, to comply with the provisions of the act, in
accordance with rules and regulations of the Department of Finance and
Administration in a manner consistent with the escalation of federal funds not
to exceed One Million Five Hundred Thousand Dollars ($1,500,000.00).

SECTION 8.  No more than One Million Dollars
($1,000,000.00) may be provided to defray expenses incurred by the Office of
the State Auditor pursuant to the rules and regulations of the United States
Department of Justice Federal Equitable Sharing Program.  These funds may only
be used for nonbudgeted law enforcement purposes by the Office of the State
Auditor.

SECTION 9.  It is the
intention of the Legislature that the State Department of Audit 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 10.  Of the
funds appropriated in Section 2 of this act, it is the intention of the
Legislature that Two Hundred Thousand Dollars ($200,000.00) is provided for the
purpose of the Accountancy Fellowship Program as provided by Section 7-7-204 et
seq., Mississippi Code of 1972.

SECTION 11.  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 12.  This act
shall take effect and be in force from and after July 1, 2026.
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