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Mississippi Legislature· SB 3101Approved by Governor (Chapter 76)

Appropriation; Veterans Affairs Board., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Appropriations

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

Senate Bill 3101

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING
THE EXPENSES OF THE STATE VETERANS AFFAIRS BOARD AND THE MISSISSIPPI STATE
VETERANS HOMES 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 and paying salaries of the State Veterans Affairs Board for the fiscal
year beginning July 1, 2026, and ending June 30, 2027.... $
5,711,024.00.

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 State Veterans Affairs Board
which is comprised of special source funds collected by or otherwise available
to the board, for the support and maintenance of said board for the fiscal year
beginning July 1, 2026, and ending June 30, 2027 $
6,755,828.00.

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:                $
4,281,587.00

Special Funds:                $
423,478.00

Total Funds:                  $
4,705,065.00

PERSONAL SERVICES:

Employee Salaries,
Wages and

Fringe Benefits:             $
4,522,370.00

Progressions:                 $
0.00

Vacancy Funding:              $
182,695.00

Total Personal
Services:       $ 4,705,065.00

AUTHORIZED HEADCOUNT:

Permanent:                   39

Time-Limited:                25

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 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, for the purpose of defraying the operating expenses and paying
salaries of the Mississippi State Veterans Homes as established in Section 35-1-19
for the fiscal year beginning July 1, 2026, and ending
June 30, 2027................................ $     6,357,359.00.

SECTION 5.  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 special fund in the State Treasury
to the credit of the State Veterans Affairs Board, which is comprised of
special source funds collected by or otherwise available to the board, for the
purpose of defraying the expenses and paying salaries of the Mississippi State
Veterans Homes as established in Section 35-1-19 for the fiscal year beginning
July 1, 2026, and ending June 30, 2027.

...........................................  $
48,011,634.00.

SECTION 6.  Of the
funds appropriated under the provisions of Section 4 of this act and authorized
for expenditure under the provision of Section 5 of this act, the following
positions are authorized:

AUTHORIZED HEADCOUNT:

Permanent:           242

Time Limited:
254

Any transfers or escalations
shall be made in accordance with the terms, conditions, and procedures
established by law.

No general funds authorized
to be expended herein shall be used to replace federal funds and/or other
special funds which are being 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 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.

SECTION 7.  It is the
intention of the Legislature that the Executive Director of the State Veterans
Affairs Board has the authority to transfer spending authority between and
within the budgets of the State Veterans Affairs Board and the Mississippi
State Veterans Homes, in an amount not to exceed twenty-five percent (25%) of
the authorized budgets in the aggregate.  The purpose of this authority is to
use available cash reserves more efficiently.  It is further the intention of
the Legislature that the State Veterans Affairs Board shall submit written
justification for the transfer to the Legislative Budget Office and the
Department of Finance and Administration on or before the fifteenth of the
month prior to the effective date of the transfer.

SECTION 8.  Of the
funds appropriated under the provisions of Sections 1 and 2 of this act, funds
in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) are provided
to defray the cost of providing care to indigent/low-income Mississippi
veterans and the nonveteran surviving spouses of Mississippi veterans if the
surviving spouse was a resident of a state veterans home at the time of the
veteran's death and who, subsequent to the veteran's death, meets the
indigent/low-income criteria established by the State Veterans Affairs Board in
the state veterans homes.  It is the intention of the Legislature that the
provision pertaining to use of indigent/low-income surviving spouses be
retroactive for any such period, prior to the effective date of this act, that
a current surviving spouse may have met the criteria.  This section and its
provisions shall be known and cited as the "Hilton R. 'Jack' Vance Act of
1997."

SECTION 9.  The State Veterans Affairs Board shall
have continued authority for all actions related to the planning, development,
construction, and outfitting of the Mississippi Veterans Memorial Cemeteries,
pursuant to Section 35-1-41.

SECTION 10.  It is
the intention of the Legislature that the State Veterans Affairs Board shall
maintain complete accounting and personnel records related to the expenditure
of all funds appropriated under the provisions of this act and that such records
shall be in the same format and level of details as maintained for Fiscal Year
2026.  It is further the intention of the Legislature that the 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 11.  It is the intention of the
Legislature that the State Veterans Affairs Board and the Mississippi State
Veterans Homes are hereby authorized to escalate, budget and expend funds from
fund number 3373200000, in an amount not to exceed Five Million Dollars
($5,000,000.00), for the purpose of operating the state veterans homes as
authorized by law, in accordance with rules and regulations of the Department
of Finance and Administration in a manner consistent with the escalation of
federal funds.

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. 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, to the State Veterans Affairs Board –
Mississippi State Veterans Home System for the purpose of reauthorizing the
expenditure of Capital Expense Funds as authorized in Senate Bill No. 2035,
2025 First Extraordinary Session, for the purpose of start-up and stand-up
operating costs at the Tradition State Veterans Home for the fiscal year
beginning July 1, 2026, and ending June 30, 2027.... $    850,000.00.

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 14.  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 State Treasurer.  These funds are provided to
the Mississippi Veterans Affairs Board for roof replacement, HVAC upgrades, and
the purchase or repair of domestic boilers at the Kosciusko and Collins Homes.

SECTION 15.  It is the intent of the Legislature
to provide funding for the relocation of the Veterans Nursing Home currently
located in Jackson, Mississippi, to Rankin County, Mississippi.  Such funding
is intended to be provided upon the award of funds through the United States
Department of Veterans Affairs State Home Construction Grant Priority List, at
which time the Legislature shall consider and provide the required state
matching funds, subject to the availability of funds and compliance with
applicable law.

SECTION 16.  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 17.  This act
shall take effect and be in force from and after July 1, 2026.
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