Appropriation; Information Technology Services, Department of.

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To: Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

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

SENATE BILL NO. 3095
(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING 1
THE EXPENSES OF THE MISSISSIPPI DEPARTMENT OF INFORMATION 2
TECHNOLOGY SERVICES FOR FISCAL YEAR 2027. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. The following sum, or so much thereof as may be 5
necessary, is hereby appropriated out of any money in the State 6
General Fund not otherwise appropriated for the purpose of 7
defraying the expenses of the Mississippi Department of 8
Information Technology Services, for the fiscal year beginning 9
July 1, 2026, and ending June 30, 2027......... $ 30,870,501.00. 10
SECTION 2. The following sum, or so much thereof as may be 11
necessary, is hereby appropriated out of any money in the special 12
fund in the State Treasury to the credit of the Mississippi 13
Department of Information Technology Services which are collected 14
by or otherwise become available for the purpose of defraying 15
expenses of the Mississippi Department of Information Technology 16
Services as established in Section 27-104-203, Mississippi Code of 17
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1972, for the fiscal year beginning July 1, 2026, and ending 18
June 30, 2027.................................. $ 27,887,878.00. 19
The funds in this section are provided to defray the costs 20
incurred by the Department of Information Technology Services for 21
providing telecommunication services, data center services, and/or 22
other information technology services to state agencies. 23
SECTION 3. Of the funds appropriated under the provisions of 24
this act, not more than the following amount of funds, with the 25
exception of the provisions in this section, shall be expended 26
only for "Personal Services," which includes "Vacancy Funding," 27
for the following authorized number of employment headcount: 28
FUNDING: 29
General Funds: $ 12,513,316.00 30
Special Funds: $ 0.00 31
Total Funds: $ 12,513,316.00 32
PERSONAL SERVICES: 33
Employee Salaries, Wages and 34
Fringe Benefits: $ 11,449,707.00 35
Progressions: $ 0.00 36
Vacancy Funding: $ 1,063,609.00 37
Total Personal Services: $ 12,513,316.00 38
AUTHORIZED HEADCOUNT: 39
Permanent: 136 40
Time-Limited: 0 41
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As used in this section, the term "Personal Services" shall 42
mean funds provided under the major object of expenditure category 43
Personal Services for Salaries, Wages, and Fringe Benefits. Funds 44
in this category shall not be transferred to any other category. 45
It is the intention of the Legislature to ensure compliance 46
with the Variable Compensation Plan, as outlined in Section 47
25-9-147, Mississippi Code of 1972. Payment from these funds 48
shall be in accordance with the Variable Compensation Plan 49
promulgated by the Mississippi State Personnel Board. It is the 50
Legislature's intention that no employee's salary falls below the 51
minimum salary established by the Mississippi State Personnel 52
Board. 53
The State Personnel Board shall determine and publish the 54
projected annual cost of "Personal Services" based on monthly and 55
year-to-date payroll expenditures in compliance with the 56
provisions of this act. 57
With the funds herein appropriated, it shall be the agency's 58
responsibility to ensure that no single personnel action or 59
combination of personnel actions, when annualized, exceeds the 60
Fiscal Year 2027 appropriation for "Personal Services" with the 61
exception of escalated funds. Further, it shall be the agency's 62
responsibility to ensure that funds required to be appropriated 63
for "Personal Services" for Fiscal Year 2028 do not exceed Fiscal 64
Year 2027 funds appropriated for that purpose unless programs or 65
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positions are added to the agency's Fiscal Year 2027 budget by the 66
Mississippi Legislature. 67
If, at the time the agency takes any action to change 68
"Personal Services," the State Personnel Board determines that the 69
agency has taken or will take an action that would cause the 70
agency to exceed the funds appropriated in this act when 71
annualized for Fiscal Year 2027 or increase the need for "Personal 72
Services" for Fiscal Year 2028, when annualized, the State 73
Personnel Board shall process no salary actions until such time as 74
the requirements of the provisions of this section are met with 75
the exception of new hires determined to be essential for the 76
agency. 77
When used in this section, "Vacancy Funding" shall mean funds 78
included in the Total Personal Services amount listed above and 79
designated for approved vacancies in Fiscal Year 2027. These 80
funds are to be utilized to increase the number of filled 81
headcounts that were authorized but unfilled as of the last day of 82
Fiscal Year 2026. If the agency fills additional headcounts after 83
March 1, 2026, until the end of Fiscal Year 2026, the amount of 84
available Vacancy Funding may be proportionally adjusted to 85
reflect the updated number of filled headcounts. The agency shall 86
be responsible for ensuring that "Vacancy Funding" is used to 87
increase headcounts and not for promotions, title changes, 88
in-range salary adjustments, or any other mechanism for increasing 89
salaries for current employees. 90
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Any transfers or escalations shall be made in accordance with 91
the terms, conditions, and procedures established by law or 92
allowable under the terms set forth within this act. The State 93
Personnel Board shall not escalate positions or increase the 94
Personal Services total without written approval from the 95
Department of Finance and Administration. The Department of 96
Finance and Administration shall not provide written approval to 97
escalate any funds for salaries and/or headcounts without proof of 98
availability of new or additional funds above the appropriated 99
level. Unless specifically noted, all Fiscal Year 2026 escalated 100
headcounts have been accounted for and shall be converted to 101
authorized time-limited headcounts. 102
No general funds authorized to be expended herein shall be 103
used to replace federal funds and/or other special funds used for 104
salaries authorized under the provisions of this act and which are 105
withdrawn and no longer available. 106
None of the funds herein appropriated shall be used in 107
violation of the Internal Revenue Service's Publication 15-A 108
relating to the reporting of income paid to contract employees, as 109
interpreted by the Office of the State Auditor. 110
If the agency's total authorized headcount decreases from 111
Fiscal Year 2026 to Fiscal Year 2027, it will be the agency's 112
discretion as to what headcounts are removed. 113
SECTION 4. Of the funds appropriated in Section 1 of this 114
act, it is the intention of the Legislature that the Executive 115
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Director of Information Technology Services (ITS) shall have 116
authority to transfer an amount not to exceed One Million Five 117
Hundred Thousand Dollars ($1,500,000.00) to the ITS Revolving Fund 118
(3360900000). The purpose of this authority is to provide 119
operating cash to alleviate cash flow problems in the ITS 120
Revolving Fund. Any funds transferred during the fiscal year 121
shall be transferred back to the State General Fund before the end 122
of the lapse period for the fiscal year. 123
SECTION 5. In addition to all other funds appropriated 124
herein, the following sum, or so much thereof as may be necessary, 125
is appropriated out of any money in the State General Fund, not 126
otherwise appropriated, for the purpose of defraying the expenses 127
of the Wireless Communication Commission for the fiscal year 128
beginning July 1, 2026, and ending June 30, 2027.................. 129
................................................. $ 12,001,851.00. 130
The Wireless Communication Commission shall follow all state 131
procurement and bid laws for all contracts and consultants. 132
SECTION 6. In addition to all other funds appropriated 133
herein, the following sum, or so much thereof as may be necessary, 134
is hereby appropriated out of any money in the special fund in the 135
State Treasury to the credit of the Wireless Communication 136
Commission which are collected by or otherwise become available 137
for the purpose of defraying expenses of the Wireless 138
Communication Commission for the fiscal year beginning 139
July 1, 2026, and ending June 30, 2027........... $ 500,000.00. 140
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SECTION 7. Of the funds appropriated under the provisions of 141
this act, not more than the following amount of funds, with the 142
exception of the provisions in this section, shall be expended 143
only for "Personal Services," which includes "Vacancy Funding," 144
for the following authorized number of employment headcount: 145
FUNDING: 146
General Funds: $ 895,141.00 147
Special Funds: $ 0.00 148
Total Funds: $ 895,141.00 149
PERSONAL SERVICES: 150
Employee Salaries, Wages and 151
Fringe Benefits: $ 831,013.00 152
Progressions: $ 0.00 153
Vacancy Funding: $ 64,128.00 154
Total Personal Services: $ 895,141.00 155
AUTHORIZED HEADCOUNT: 156
Permanent: 9 157
Time-Limited: 0 158
As used in this section, the term "Personal Services" shall 159
mean funds provided under the major object of expenditure category 160
Personal Services for Salaries, Wages, and Fringe Benefits. Funds 161
in this category shall not be transferred to any other category. 162
It is the intention of the Legislature to ensure compliance 163
with the Variable Compensation Plan, as outlined in Section 164
25-9-147, Mississippi Code of 1972. Payment from these funds 165
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shall be in accordance with the Variable Compensation Plan 166
promulgated by the Mississippi State Personnel Board. It is the 167
Legislature's intention that no employee's salary falls below the 168
minimum salary established by the Mississippi State Personnel 169
Board. 170
The State Personnel Board shall determine and publish the 171
projected annual cost of "Personal Services" based on monthly and 172
year-to-date payroll expenditures in compliance with the 173
provisions of this act. 174
With the funds herein appropriated, it shall be the agency's 175
responsibility to ensure that no single personnel action or 176
combination of personnel actions, when annualized, exceeds the 177
Fiscal Year 2027 appropriation for "Personal Services" with the 178
exception of escalated funds. Further, it shall be the agency's 179
responsibility to ensure that funds required to be appropriated 180
for "Personal Services" for Fiscal Year 2028 do not exceed Fiscal 181
Year 2027 funds appropriated for that purpose unless programs or 182
positions are added to the agency's Fiscal Year 2027 budget by the 183
Mississippi Legislature. 184
If, at the time the agency takes any action to change 185
"Personal Services," the State Personnel Board determines that the 186
agency has taken or will take an action that would cause the 187
agency to exceed the funds appropriated in this act when 188
annualized for Fiscal Year 2027 or increase the need for "Personal 189
Services" for Fiscal Year 2028, when annualized, the State 190
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Personnel Board shall process no salary actions until such time as 191
the requirements of the provisions of this section are met with 192
the exception of new hires determined to be essential for the 193
agency. 194
When used in this section, "Vacancy Funding" shall mean funds 195
included in the Total Personal Services amount listed above and 196
designated for approved vacancies in Fiscal Year 2027. These 197
funds are to be utilized to increase the number of filled 198
headcounts that were authorized but unfilled as of the last day of 199
Fiscal Year 2026. If the agency fills additional headcounts after 200
March 1, 2026, until the end of Fiscal Year 2026, the amount of 201
available Vacancy Funding may be proportionally adjusted to 202
reflect the updated number of filled headcounts. The agency shall 203
be responsible for ensuring that "Vacancy Funding" is used to 204
increase headcounts and not for promotions, title changes, 205
in-range salary adjustments, or any other mechanism for increasing 206
salaries for current employees. 207
Any transfers or escalations shall be made in accordance with 208
the terms, conditions, and procedures established by law or 209
allowable under the terms set forth within this act. The State 210
Personnel Board shall not escalate positions or increase the 211
Personal Services total without written approval from the 212
Department of Finance and Administration. The Department of 213
Finance and Administration shall not provide written approval to 214
escalate any funds for salaries and/or headcounts without proof of 215
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availability of new or additional funds above the appropriated 216
level. Unless specifically noted, all Fiscal Year 2026 escalated 217
headcounts have been accounted for and shall be converted to 218
authorized time-limited headcounts. 219
No general funds authorized to be expended herein shall be 220
used to replace federal funds and/or other special funds used for 221
salaries authorized under the provisions of this act and which are 222
withdrawn and no longer available. 223
None of the funds herein appropriated shall be used in 224
violation of the Internal Revenue Service's Publication 15-A 225
relating to the reporting of income paid to contract employees, as 226
interpreted by the Office of the State Auditor. 227
If the agency's total authorized headcount decreases from 228
Fiscal Year 2026 to Fiscal Year 2027, it will be the agency's 229
discretion as to what headcounts are removed. 230
SECTION 8. It is the intention of the Legislature that none 231
of the funds appropriated under the provisions of this act for the 232
Wireless Communication Commission (WCC) shall be expended for the 233
purpose of making a payment of any kind or for any purpose, 234
directly or indirectly, to a member of the State of Mississippi 235
Legislature, state official, WCC member, or person who has been a 236
member of the WCC within the last year. 237
SECTION 9. It is the intention of the Legislature that the 238
Department of Information Technology Services shall maintain 239
complete accounting and personnel records related to the 240
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expenditure of all funds appropriated under the provisions of this 241
act and that such records shall be in the same format and level of 242
details as maintained for Fiscal Year 2026. It is further the 243
intention of the Legislature that the budget request for Fiscal 244
Year 2028 shall be submitted to the Joint Legislative Budget 245
Committee in a format and level of detail comparable to the format 246
and level of detail provided during the Fiscal Year 2027 budget 247
request process. 248
SECTION 10. It is the intention of the Legislature that 249
whenever two (2) or more bids are received by this agency for the 250
purchase of commodities or equipment, and whenever all things 251
stated in such received bids are equal with respect to price, 252
quality and service, the Mississippi Industries for the Blind 253
shall be given preference. A similar preference shall be given to 254
the Mississippi Industries for the Blind whenever purchases are 255
made without competitive bids. 256
SECTION 11. It is the intention of the Legislature that the 257
funds herein appropriated shall be expended in compliance with 258
Section 27-104-25, Mississippi Code of 1972, that no state agency 259
shall incur obligations or indebtedness in excess of their 260
appropriation and that the responsible officers, either personally 261
or upon their official bonds, shall be held responsible for 262
actions contrary to this provision. 263
SECTION 12. Of the funds appropriated in Section 1 of this 264
act, One Million Dollars ($1,000,000.00) is provided for 265
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Procurement Modernization, improvements to procurement practices, 266
outcomes, and addressing modern challenges. 267
SECTION 13. Of the funds appropriated in Section 1 of this 268
act, Seven Hundred Forty-seven Thousand Six Hundred and Seven 269
Dollars ($747,607.00) is provided to defray expenses incurred in 270
the implementation of the Mississippi Statewide Data Exchange Act, 271
as enacted in Section 25-53-281, Mississippi Code of 1972, and the 272
Cloud Center of Excellence Act, as enacted in Section 25-53-251, 273
Mississippi Code of 1972. 274
SECTION 14. Of the funds appropriated under the provisions 275
of Section 2, Six Million Two Hundred Thousand Dollars 276
($6,200,000.00), or so much thereof as may be necessary, shall be 277
derived out of any money in the State Treasury to the credit of 278
the Capital Expense Fund, as created in Section 27-103-303, 279
Mississippi Code of 1972, and allocated in a manner as determined 280
by the State Treasurer. These funds are provided to the 281
Mississippi Department of Information Technology Services for the 282
following purposes: Voice Over Internet Protocol Implementation, 283
Uninterruptible Power Supplies, Battery Backups, Cloud Migrations, 284
and Implementation of the Cloud Center of Excellence Act, enacted 285
in Section 25-53-251, Mississippi Code of 1972. 286
SECTION 15. Of the funds appropriated under the provisions 287
of Section 6, Five Hundred Thousand Dollars ($500,000.00), or so 288
much thereof, shall be derived out of any money in the State 289
Treasury to the credit of the Capital Expense Fund, as created in 290
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ST: Appropriation; Information Technology
Services, Department of.
Section 27-103-303, Mississippi Code of 1972, and allocated in a 291
manner as determined by the State Treasurer. These funds are 292
provided to the Wireless Communication Commission for replacements 293
of aging equipment and tower site repairs. 294
SECTION 16. The money herein appropriated shall be paid by 295
the State Treasurer out of any money in the State Treasury to the 296
credit of the proper fund or funds as set forth in this act, upon 297
warrants issued by the State Fiscal Officer; and the State Fiscal 298
Officer shall issue his warrants upon requisitions signed by the 299
proper person, officer or officers, in the manner provided by law. 300
SECTION 17. This act shall take effect and be in force from 301
and after July 1, 2026. 302