State Inspector General; create office to investigate waste, fraud and abuse in executive state agencies.

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To: Accountability,
Efficiency, Transparency;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Currie

HOUSE BILL NO. 1039

AN ACT TO CREATE THE OFFICE OF INSPECTOR GENERAL; TO DEFINE 1
CERTAIN TERMS; TO REQUIRE THE OFFICE OF INSPECTOR GENERAL TO 2
INVESTIGATE AND PURSUE CHARGES WITH RESPECT TO THE DETECTION AND 3
ERADICATION OF FRAUD, WASTE AND ABUSE IN THE EXECUTIVE BRANCH OF 4
STATE GOVERNMENT; TO REQUIRE THE GOVERNOR, WITH THE ADVICE AND 5
CONSENT OF THE SENATE, TO APPOINT A STATE INSPECTOR GENERAL; TO 6
REQUIRE THE STATE PERSONNEL BOARD TO FIX THE SALARY OF THE 7
INSPECTOR GENERAL; TO ESTABLISH MINIMUM QUALIFICATIONS FOR THE 8
STATE INSPECTOR GENERAL; TO PRESCRIBE THE POWERS AND DUTIES OF THE 9
OFFICE OF INSPECTOR GENERAL; TO REQUIRE AGENCIES UNDER 10
INVESTIGATION TO COOPERATE WITH THE OFFICE OF INSPECTOR GENERAL; 11
TO PROHIBIT AN AGENCY FROM TAKING ADVERSE ACTION AGAINST AN 12
EMPLOYEE FOR DISCLOSING PROHIBITED ACTIVITY TO THE INSPECTOR 13
GENERAL; TO AUTHORIZE THE INSPECTOR GENERAL TO ADMINISTER OATHS 14
AND ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF WITNESSES AND THE 15
PRODUCTION OF ITEMS CONSTITUTING EVIDENCE; TO AUTHORIZE THE 16
INSPECTOR GENERAL TO EMPLOY PEACE OFFICERS TO ASSIST THE OFFICE IN 17
CARRYING OUT ITS DUTIES AND CONDUCTING CRIMINAL INVESTIGATIONS; TO 18
AMEND SECTION 25-9-171, MISSISSIPPI CODE OF 1972, TO INCLUDE THE 19
OFFICE OF INSPECTOR GENERAL IN THE DEFINITION OF "STATE 20
INVESTIGATIVE BODY" AS THAT TERM IS USED IN STATUTES GRANTING 21
WHISTLEBLOWER PROTECTION TO PUBLIC EMPLOYEES; TO RESCIND EXECUTIVE 22
ORDER NO. 728, DATED APRIL 5, 1993, WHICH CREATED THE POSITION OF 23
STATE INSPECTOR GENERAL IN THE OFFICE OF THE GOVERNOR; AND FOR 24
RELATED PURPOSES. 25
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 26
SECTION 1. As used in this act, the following words and 27
phrases have the meanings ascribed in this section unless the 28
context clearly requires otherwise: 29
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(a) "Abuse" means the intentional, wrongful or improper 30
use or destruction of state resources. 31
(b) "Agency" means a state agency, board, commission, 32
committee, council, department, governing authority or other body 33
in the executive branch of state government. "Agency" does not 34
include an agency, board, commission, committee, council, 35
department, governing authority or other body in the legislative 36
or judicial branch of state government. 37
(c) "Employee" means a person employed by the State of 38
Mississippi who works in an agency in the executive branch of 39
state government, including the director or head of an agency. 40
(d) "Fraud" means an act of intentional or reckless 41
deceit to mislead or otherwise deceive. 42
(e) "Office" means the Office of Inspector General 43
created by Section 2 of this act. 44
(f) "State Inspector General" or "Inspector General" 45
means the person appointed by the Governor under Section 2 of this 46
act to serve as the Inspector General. "State Inspector General" 47
or "Inspector General" includes an employee of the Office of 48
Inspector General designated by the Inspector General to act on 49
behalf of the Inspector General. 50
(g) "Waste" means a reckless or grossly negligent act 51
that causes state funds to be spent in a manner that was not 52
authorized or which represents significant inefficiency and 53
needless expense. 54
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SECTION 2. (1) There is created the Office of Inspector 55
General. The purpose of the Office of Inspector General is to 56
examine, investigate, make recommendations and pursue charges with 57
respect to the deterrence, detection, prevention and eradication 58
of fraud, waste and abuse in the executive branch of state 59
government. The jurisdiction, authority, powers and duties 60
granted to the Office of Inspector General are in addition to, and 61
not in contravention of, the jurisdiction, authority, powers and 62
duties of the Attorney General, State Auditor and all other 63
agencies vested with law enforcement powers. 64
(2) (a) The Governor shall appoint a State Inspector 65
General, with the advice and consent of the Senate. The State 66
Inspector General shall be the fulltime executive officer of the 67
Office of Inspector General and shall be responsible for the 68
proper and efficient administration of the office in exercising 69
the powers and performing the duties set forth by law and such 70
other duties as may be requested by the Governor from time to 71
time. 72
(b) The State Inspector General shall receive an annual 73
salary fixed by the State Personnel Board, not to exceed the 74
maximum amount allowed under Section 25-3-39, in addition to all 75
actual and necessary expenses incurred in the discharge of 76
official duties, including mileage and expenses as authorized by 77
law. 78
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(c) In order to be eligible to hold the position of 79
State Inspector General, a person must be designated a Certified 80
Inspector General by the Association of Inspectors General at the 81
time the individual is appointed by the Governor or no later than 82
one (1) year following the date of appointment. 83
(d) The State Inspector General shall serve at the will 84
and pleasure of the Governor. 85
(e) In exercising the powers and carrying out the 86
duties of the Office of Inspector General, the State Inspector 87
General has jurisdiction over each official, officer, employee, 88
department, division, bureau, board, commission and agency in the 89
executive branch of state government. 90
(f) The State Inspector General shall establish the 91
organizational structure appropriate for carrying out the 92
responsibilities and functions of the Office of Inspector General. 93
Subject to the rules and regulations of the State Personnel Board, 94
the Inspector General may employ, promote and remove such 95
professional, administrative and technical personnel as deemed 96
necessary for the effective and efficient administration of the 97
office. 98
SECTION 3. The Office of Inspector General shall exercise 99
the following powers and perform the following duties: 100
(a) Conduct investigations and prepare reports relating 101
to the administration of the programs and operations of agencies 102
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which, in the determination of the Inspector General, are 103
necessary or desirable; 104
(b) Initiate, supervise and coordinate investigative 105
activities relating to fraud, waste or abuse in agencies; 106
(c) Receive complaints from any source alleging fraud, 107
waste or abuse that has been committed or is being committed 108
against or within an agency and determine whether or not each 109
specific complaint warrants investigation; 110
(d) When appropriate, investigate complaints of fraud, 111
waste or abuse and determine whether disciplinary action, civil or 112
criminal prosecution, or further investigation by relevant 113
federal, state or local agencies is warranted; 114
(e) Request information or assistance, as necessary, 115
for carrying out the duties and responsibilities of the Office of 116
Inspector General from any federal, state or local governmental 117
agency; 118
(f) Report complaints of fraud, waste or abuse in 119
agencies to appropriate federal, state or local agencies when 120
there is evidence that a person other than an officer, official or 121
employee of an agency has engaged in what may be criminal activity 122
or when otherwise appropriate; 123
(g) Investigate whistleblower complaints of workplace 124
reprisal or retaliatory action by an officer, official or employee 125
of an agency which is filed pursuant to Section 25-9-173; 126
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(h) Report suspected acts of fraud, waste or abuse 127
against or within an agency to the Governor and, as appropriate, 128
other state or federal entities having jurisdiction over the 129
matter; 130
(i) Upon conclusion of an investigation that results in 131
a finding of fraud, waste or abuse, issue a report or letter to 132
the Office of the Governor and release the report to the public 133
unless: 134
(i) The public release of the report would 135
compromise a pending criminal investigation known to the Inspector 136
General; or 137
(ii) The report is exempt from disclosure under 138
the Mississippi Public Records Act of 1983 or other state law; 139
(j) Instruct and educate agencies on the detection and 140
prevention of fraud, waste or abuse, including recommending 141
policies; 142
(k) Following an investigation of alleged fraud, waste 143
or abuse in an agency, conduct, supervise and coordinate 144
activities in that agency which are designed to deter, detect, 145
prevent and eradicate those activities, including evaluating and 146
auditing relevant agency policies and procedures, creating a 147
remedial action plan to prevent a recurrence of the activity, and 148
monitoring day-to-day operations and making recommendations for 149
improvement; 150
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(l) Close an investigation when the Inspector General 151
concludes there is insufficient evidence that a violation has 152
occurred. Closure does not bar the Inspector General from 153
reopening the investigation whenever warranted by circumstances; 154
(m) Act as a liaison with outside agencies and agencies 155
of the United States government to promote accountability, 156
integrity and efficiency in state government; 157
(n) Act as a liaison and monitor the activities of 158
internal affairs units, inspectors general, and offices of 159
professional standards within agencies; however, the Inspector 160
General does not have supervisory authority over any such units, 161
inspectors general or offices in agencies; 162
(o) Conduct special investigations and management 163
reviews of agencies at the request of the Governor; and 164
(p) Perform other duties requested by the Governor 165
which are consistent with this act and involve or concern the 166
management, operation or personnel of agencies. 167
SECTION 4. (1) An agency must cooperate with an 168
investigation conducted by the Office of Inspector General 169
pursuant to this act. 170
(2) In an agency where fraud, waste or abuse is detected, 171
the agency must take remedial steps to prevent recurrences of 172
similar conduct, including implementation of any remedial action 173
plan created pursuant to paragraph (k) of Section 3 of this act. 174
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(3) Upon receipt of written notice from the Office of 175
Inspector General, an agency immediately must provide all 176
information, documents, reports, answers, records, accounts, 177
papers and other necessary data and documentary evidence to the 178
extent that such information and items may be obtained by the 179
Governor under the Mississippi Constitution of 1890 or state law. 180
(4) The State Inspector General may enter upon the premises 181
of an agency at any time, without prior announcement, if deemed 182
necessary for the successful completion of an investigation. In 183
the course of an investigation, the Inspector General may question 184
an official, officer or employee serving in the agency and may 185
inspect and copy books, records and papers in the possession of 186
the agency, taking care to preserve the confidentiality of 187
information contained in responses to questions or the books, 188
records or papers whenever that information is made confidential 189
by law. 190
(5) The Inspector General shall have direct and prompt 191
access to the head of an agency whenever necessary for purposes 192
pertaining to the performance of functions and responsibilities 193
under this act. 194
SECTION 5. (1) The knowing failure of an official, officer 195
or employee of an agency to cooperate with an investigation made 196
pursuant to this act or the knowing provision of false information 197
during an investigation may be cause for discipline, up to and 198
including termination by the agency, so long as the official, 199
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officer or employee is subject to termination or other discipline 200
by that agency. 201
(2) An agency, officer or official may not take action 202
against an official, officer or employee of an agency for 203
disclosing or threatening to disclose the existence of activity 204
constituting fraud, waste or abuse to the Inspector General, 205
unless the disclosure or threatened disclosure was made with 206
knowledge that the disclosure was false or was made with willful 207
disregard for its truth or falsity. 208
(3) The State Inspector General, exercising discretion, may 209
redact or otherwise protect the names of complainants and 210
witnesses or other facts that, if not redacted, might compromise 211
the identity of a complainant or witness. 212
SECTION 6. (1) In performing an investigation authorized by 213
this act, the State Inspector General may administer oaths and 214
examine witnesses under oath. The Inspector General may issue 215
subpoenas and subpoenas duces tecum deemed necessary to compel the 216
attendance of witnesses and the production of all information, 217
documents, reports, answers, books, records, accounts, papers and 218
other data in any medium constituting or containing evidence that 219
the Inspector General finds reasonably relevant or material to the 220
investigation. 221
(2) (a) Service of a subpoena or subpoena duces tecum 222
issued under this act may be made by any designated person. 223
(b) Service upon a natural person may be made by: 224
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(i) Personal delivery of the subpoena or subpoena 225
duces tecum to that person; 226
(ii) Registered or certified mail or overnight 227
delivery, in which case the return receipt constitutes prima facie 228
proof of service; or 229
(iii) Serving the person's counsel of record. 230
(c) Service upon a domestic or foreign corporation may 231
be made by delivering the subpoena or subpoena duces tecum to an 232
officer, a managing or general agent, or any other agent 233
authorized by appointment or by law to receive service of process. 234
(3) A subpoena requiring the attendance of a witness may be 235
served at any place within this state. 236
(4) In the case of a refusal to obey an issued subpoena or 237
subpoena duces tecum, the Inspector General or the Inspector 238
General's designee may request that the Attorney General petition 239
the circuit court within the county where the investigation is 240
occurring, where the subpoenaed person resides, or where the 241
subpoenaed person carries on business or may be found to compel 242
compliance with the subpoena. The Attorney General shall petition 243
the court upon receipt of the request. Upon the filing of the 244
petition, the court must enter an order directing the person to 245
appear before the court at a specified time to show cause why the 246
person has not attended, answered questions under penalty of 247
perjury, or produced the requested items as required. If the 248
court determines that the subpoena or subpoena duces tecum was 249
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issued regularly by the Inspector General, the court must enter an 250
order commanding the person named in the subpoena to appear at the 251
time and place fixed in the order and answer questions under 252
penalty of perjury or produce the requested items as required. 253
Upon failure to obey the order, the person is subject to being 254
held in contempt of court. All process issued in proceedings 255
pursuant to this subsection may be served at any place within this 256
state. 257
(5) This section may not be construed to limit or alter a 258
person's existing rights or protections under state or federal 259
law. 260
SECTION 7. (1) The State Inspector General may employ or 261
designate one or more persons as peace officers to assist the 262
Office of Inspector General in carrying out its duties. A person 263
employed as a peace officer must possess or receive, within two 264
(2) years of the person's initial employment in the position, a 265
minimum level of basic law enforcement training, as jointly 266
determined and prescribed by the Board on Law Enforcement Officer 267
Standards and Training and the Inspector General. Upon the 268
failure of a person designated a peace officer to receive the 269
required training within the designated time, the person may not 270
exercise the powers of a peace officer. 271
(2) A person employed fulltime or parttime by the Office of 272
Inspector General for the purpose of conducting potential criminal 273
investigations under this act must be a peace officer having the 274
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power, among others, to obtain, serve and execute search warrants. 275
With the written approval of the Inspector General, a person 276
employed as a peace officer may exercise the same powers and 277
authority as a constable and may carry a firearm of a standard 278
police issue when engaged in detecting, investigating or 279
preventing crimes under this act. 280
SECTION 8. Section 25-9-171, Mississippi Code of 1972, is 281
amended as follows: 282
25-9-171. For purposes of Sections 25-9-171 through 283
25-9-177, the following terms shall have the meanings ascribed to 284
them herein: 285
(a) "Abuse" means acting in an arbitrary and capricious 286
manner that adversely affects the accomplishment of a function of 287
any governmental entity. 288
(b) "Governmental entity" means a board, commission, 289
department, office or other agency of the state or a political 290
subdivision of the state. 291
(c) "Employee" means any individual employed or holding 292
office in any department or agency of state or local government. 293
(d) "Improper governmental action" means any action by 294
an employee which is undertaken in the performance of the 295
employee's official duties, whether or not the action is within 296
the scope of the employee's employment: 297
(i) Which is in violation of any federal or state 298
law or regulation, is an abuse of authority, results in 299
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substantial abuse, misuse, destruction, waste, or loss of public 300
funds or public resources; or 301
(ii) Which is of substantial and specific danger 302
to the public health or safety; or 303
(iii) Which is discrimination based on race or 304
gender. 305
"Improper governmental action" does not include personnel 306
actions for which other remedies exist, including, but not limited 307
to, employee grievances, complaints, appointments, promotions, 308
transfers, assignments, reassignments, reinstatements, 309
restorations, reemployments, performance evaluations, reductions 310
in pay, dismissals, suspensions, demotions, violations of the 311
state personnel system or local personnel policies, alleged labor 312
agreement violations, reprimands, claims of discriminatory 313
treatment, or any personnel action which may be taken under 314
federal or state law. 315
(e) "Misuse" means an illegal or unauthorized use. 316
(f) "Personnel action" means an action that affects an 317
employee's promotion, demotion, transfer, work assignment or 318
performance evaluation. 319
(g) "State investigative body" shall mean the Attorney 320
General of the State of Mississippi, the Office of Inspector 321
General, the State Auditor, the Mississippi Ethics Commission, the 322
Joint Legislative Committee on Performance Evaluation and 323
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ST: State Inspector General; create office to
investigate waste, fraud and abuse in executive
state agencies.
Expenditure Review or any other standing committee of the 324
Legislature, or any district attorney of the State of Mississippi. 325
(h) "Use of official authority or influence" includes 326
taking, directing others to take, recommending, processing or 327
approving any personnel action such as an appointment, promotion, 328
transfer, assignment, reassignment, reinstatement, restoration, 329
reemployment, performance evaluation or other disciplinary action. 330
(i) "Waste" means an unnecessary or unreasonable 331
expenditure or use. 332
(j) "Whistleblower" means an employee who in good faith 333
reports an alleged improper governmental action to a state 334
investigative body, initiating an investigation. For purposes of 335
the provisions of Sections 25-9-171 through 25-7-177, the term 336
"whistleblower" also means an employee who in good faith provides 337
information to a state investigative body, or an employee who is 338
believed to have reported alleged improper governmental action to 339
a state investigative body or to have provided information to a 340
state investigative body but who, in fact, has not reported such 341
action or provided such information. 342
SECTION 9. Executive Order No. 728, dated April 5, 1993, by 343
the Governor of the State of Mississippi, which created the 344
position of State Inspector General in the Office of the Governor, 345
is rescinded. 346
SECTION 10. This act shall take effect and be in force from 347
and after July 1, 2026. 348