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Mississippi Legislature· SB 3090Approved by Governor (Chapter 98)

Appropriation; Revenue, 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 3090

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING
THE EXPENSES OF THE MISSISSIPPI DEPARTMENT OF REVENUE, INCLUDING THE HOMESTEAD
EXEMPTION DIVISION, THE MOTOR VEHICLE COMPTROLLER FUNCTIONS, THE ALCOHOLIC
BEVERAGE CONTROL DIVISION LIQUOR DISTRIBUTION CENTER, THE ENFORCEMENT DIVISION,
AND FOR THE PURPOSE OF REIMBURSING THE COUNTIES, COUNTY DISTRICTS AND MUNICIPAL
SEPARATE SCHOOL DISTRICTS FOR TAX LOSSES INCURRED BY REASON OF THE EXEMPTION OF
HOMES FROM CERTAIN AD VALOREM TAXES, AND FOR THE PURPOSE OF PURCHASING MOTOR
VEHICLE LICENSE TAGS 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 money in the State
General Fund not otherwise appropriated, for the purpose of defraying the
expenses of the Mississippi Department of Revenue, including the Homestead
Exemption Division, the Motor Vehicle Comptroller functions, the Alcoholic
Beverage Control Division Liquor Distribution Center, and the Enforcement
Division for the fiscal year beginning July 1, 2026, and ending
June 30, 2027...........................................

............................................ $
58,282,512.00.

SECTION 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 Department of
Revenue which are collected by or otherwise become available for the purpose of
defraying the expenses of the department for the fiscal year beginning
July 1, 2026, and ending June 30, 2027........ $
25,251,874.00.

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:               $
46,190,068.00

Special Funds:               $
0.00

Total Funds:                 $
46,190,068.00

PERSONAL SERVICES:

Employee Salaries,
Wages and

Fringe Benefits:            $
44,878,326.00

Progressions:                $
0.00

Vacancy Funding:             $
1,311,742.00

Total Personal
Services:      $ 46,190,068.00

AUTHORIZED HEADCOUNT:

Permanent:                  604

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.  It shall
be the duty of the Commissioner of the Mississippi Department of Revenue, and
he is hereby empowered to select in the manner provided by Section 27-3-13,
Mississippi Code of 1972, such employees as may be necessary to the
administration of all acts relating to the exemption of homesteads and the
reimbursement of tax losses to the several taxing units of the state, and to
assign them to the use of the Mississippi Department of Revenue.

SECTION 5.  The money
herein appropriated may be used for any expenses which the Department may
legally incur.  Provided, however, that no part of the money herein
appropriated shall be used for the payment of attorney's fees, except upon
recommendation of the Governor with the approval of the Attorney General, nor
shall any of said funds be used either directly or indirectly for the purpose
of paying any clerk, stenographer, assistant, deputy or other employee who may
be related by blood or marriage within the third degree, computed by the rule
of civil law, to the official employing or having the right of employment or
selection thereof, except that when the relationship is by affinity and the
person is dead through whom the relationship was established, this rule shall
not apply.  In the event of any such payment, then the official or person
approving and making such payment shall be liable to return to the State of
Mississippi and to pay into the State Treasury to the credit of the General
Fund three (3) times any such amount so paid to be recovered at suit by the
Attorney General.

SECTION 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:

FY2027

Performance Measures                                       Target

Tax Administration

Cost per Unit of Work
(Item/Case/Call)                 13.87

Cost per Call Center Call
Answered                      8.55

Audit

Cost per Audit                                      2,079.07

Tax Production per Audit                              15,000

Tax Enforcement

Cost per Dollar Collected in
Recovery

Actions                                           0.05

General Administration

Average Cost per Return
Processed                       4.46

ROI - Revenue Collected per
Dollar of

Expense                                         128.36

Property & Motor Vehicle
Services

Cost per Homestead Exemption
Application                 3.79

Cost per Title Issued                                   3.02

ABC Liquor Distribution Center

Cost per Case Shipped                                   3.60

ROI - GF Dollars Returned
per Dollar of Cost             8.12

Enforcement

Number of Permits-Alcohol                              2,700

Number of Permits-Medical
Cannabis                       250

Number of Violations-Medical
Cannabis                    100

Average Number of Days to
Issue

Permit-Alcohol                                       10

Average Number of Days to
Issue

Permit-Medical Cannabis                               5

Enforcement and Permitting
Cost-Alcohol              1,341.00

Enforcement and Permitting
Cost-Medical

Cannabis                                       1,610.27

Percent Of Medical Cannabis
Permits

Receiving Administrative
Action                    5.00

Percent of Medical Cannabis
Permits

Receiving Criminal Action                          5.00

Percent of Medical Cannabis
Permits

Inspected                                        100.00

Percent of Permit
Applications

Approved-Medical
Cannabis                         90.00

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 7.  In addition to all other sums herein
appropriated, the following sum, or so much thereof as may be necessary, is
hereby appropriated out of any money in the State General Fund not otherwise
appropriated, to the Mississippi Department of Revenue for the purpose of
reimbursing the counties of the state, the road districts and school districts
therein and the municipal separate school districts, for tax losses incurred by
reason of the exemption of homes from certain ad valorem taxes under the
provisions of Section 27-33-1 et seq., Mississippi Code of 1972, for the fiscal
year beginning July 1, 2026, and ending June 30, 2027......................... $
94,000,000.00.

SECTION 8.  Each
county, road district, school district and municipal separate school district
which has incurred a tax loss that is reimbursable under Section 7 of this act
shall be reimbursed a sum which is equivalent to the amount of tax loss
produced by the application of tax rates annually fixed for maintenance and
current expenses to the assessed value of homes, or so much thereof as has been
lawfully authorized under the provisions of Section 27-33-1 et seq.,
Mississippi Code of 1972.

The disbursements from the
funds appropriated under the provisions of Section 7 of this act shall be based
upon the certificates required of the clerks of the county boards of
supervisors and of the clerks of the municipalities, which certificates shall
conform strictly in every respect to the requirements of the provisions of
Section 27-33-1 et seq., Mississippi Code of 1972.

All disbursements from the
funds appropriated under the provisions of Section 7 of this act shall be made
strictly in accordance with the provisions of Section 27-33-1 et seq.,
Mississippi Code of 1972, and no disbursements other than those clearly
authorized by those sections shall be made, the provisions of any other law to
the contrary notwithstanding.

SECTION 9.  None of
the funds appropriated under the provisions of Section 7 of this act may be
distributed to any county, municipality, school district or other taxing
district in which the assessed valuation of the taxing district has increased
as a result of reappraisal of the property of the taxing district unless the
governing board of the taxing district has published a notice in a newspaper
having a general circulation in the taxing district, stating the lower millage
rate that would produce the same amount of revenue from ad valorem taxation on
property of the taxing district that was produced in the fiscal year before the
property of the taxing district was reappraised.

SECTION 10.  In addition to all other sums herein
appropriated, the following sum, or so much thereof as may be necessary, is
hereby appropriated out of any money in the State Treasury to the credit of the
Mississippi Department of Revenue – License Tag Commission from any other
special source funds made available to the License Tag Commission, for the
fiscal year beginning July 1, 2026, and ending
June 30, 2027.

............................................ $
6,850,000.00.

SECTION 11.  None of
the funds appropriated in Section 10 of this act shall be expended to purchase
motor vehicle license tags made or manufactured by any department, agency or
instrumentality of a state other than the State of Mississippi.  None of the
funds appropriated in this section shall be used for the purchase of bolts,
nuts or other fastening devices for attaching said motor vehicle license tags.
Provided further, that all motor vehicles belonging to any state department,
agency, commission, institution or any other division of state government shall
have license tags which shall bear the words "Government" at the
bottom of such license tags.

SECTION 12.  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 13.  It is
the intention of the Legislature that the Mississippi Department of Revenue
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 14.  Of the
funds appropriated in this act, it is the intention of the Legislature that up
to Eight Hundred Eleven Thousand Seven Hundred Forty Dollars ($811,740.00)
shall be allocated as follows:  to the Municipal Court Collections Program
Four Hundred Five Thousand Eight Hundred Seventy Dollars ($405,870.00) and to
the Justice Court Collections Program Four Hundred Five Thousand Eight Hundred
Seventy Dollars ($405,870.00) to be supported from General Fund court assessments.

SECTION 15.  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 16.  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 Revenue for the purpose
of reauthorizing the expenditure of Capital Expense Funds, to defray the
expenses of the Department of Revenue, as authorized in SB 2036, 2025 First
Extraordinary Session, for the fiscal year beginning July 1, 2026,
and ending June 30, 2027....................... $
1,039,064.00.

This appropriation is made for the purpose of reauthorizing
the expenditure of funds as allocated herein:

(a)  Provisions pursuant to Section 67-1-205(2),
Mississippi Code of 1972, related to contracting with a third-party entity to
operate the Alcohol Beverage Control Liquor Distribution Center..............

.............................................. $
616,018.00.

(b)  Computer
Hardware and Equipment....... $   85,306.00.

(c)  Purchasing
High Speed Scanners........ $    337,740.00.

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 17.  Of the funds appropriated under the
provisions of Section 2, Two Hundred Ten Thousand Dollars ($210,000.00), 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 for technology purchases, repairs, and
upgrades.

SECTION 18.  Of the funds appropriated in Section
1, Three Hundred Seventy-five Thousand Dollars ($375,000.00), is provided for
implementation of the directory, enforcement, and other provisions as outlined
in Section 75-101-5 Mississippi Code of 1972.

SECTION 19.  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 Fiscal Officer shall issue his
warrants upon requisitions signed by the proper person, officer or officers, in
the manner provided by law.

SECTION 20.  This act
shall take effect and be in force from and after July 1, 2026.
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