Appropriation; Personnel Board., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Appropriations

By: Senator(s) Hopson, DeBar, Williams, DeLano, Seymour,
Simmons (13th), Tate

Senate Bill 3097

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE
STATE PERSONNEL BOARD 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 support and maintenance of the
State Personnel Board for the fiscal year beginning July 1, 2026, and
ending June 30, 2027...........................................

............................................... $
5,373,698.00.

SECTION 2.  The following sum, or so much thereof
as may be necessary, is appropriated out of any money in the State Treasury to
the credit of the State Personnel Board for the purpose of defraying the
expenses for the fiscal year beginning July 1, 2026, and ending June 30, 2027........................................... $
164,000.00.

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:                $
4,348,003.00

Special Funds:                $
0.00

Total Funds:                  $
4,348,003.00

PERSONAL SERVICES:

Employee Salaries,
Wages and

Fringe Benefits:             $
3,963,628.00

Progressions:                 $
0.00

Vacancy Funding:              $
384,375.00

Total Personal
Services:       $ 4,348,003.00

AUTHORIZED HEADCOUNT:

Permanent:                   47

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.  None of
the funds appropriated under the provisions of Section 1 of this act may be
expended until the State Personnel Board, based on data provided by the
Legislative Budget Office, determines and publishes the projected annual cost
to fully fund all appropriated positions for all agencies with compliance
language in their appropriation bills.

SECTION 5.  It is the
intention of the Legislature that the State Personnel Board 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.  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 7.  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 its
appropriation and that the responsible officers, either personally or upon
their official bonds, shall be held responsible for actions contrary to this
provision.

SECTION 8.  Of the
funds appropriated under the provisions of Section 2 of this act, One Hundred
Sixty-four Thousand Dollars ($164,000.00), 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 State Personnel Board for purchasing new laptops and other information
technology equipment.

SECTION 9.  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 10.  This act
shall take effect and be in force from and after July 1, 2026.