Appropriation; Personnel Board.

S. B. No. 3097 *SS26/A614SG* ~ OFFICIAL ~ A1/2
26/SS26/A614SG
PAGE 1

To: Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

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

SENATE BILL NO. 3097
(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE 1
STATE PERSONNEL BOARD FOR FISCAL YEAR 2027. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 3
SECTION 1. The following sum, or so much thereof as may be 4
necessary, is hereby appropriated out of any money in the State 5
General Fund not otherwise appropriated, for the support and 6
maintenance of the State Personnel Board for the fiscal year 7
beginning July 1, 2026, and ending June 30, 2027.................. 8
.................................................. $ 5,373,698.00. 9
SECTION 2. The following sum, or so much thereof as may be 10
necessary, is appropriated out of any money in the State Treasury 11
to the credit of the State Personnel Board for the purpose of 12
defraying the expenses for the fiscal year beginning July 1, 2026, 13
and ending June 30, 2027.......................... $ 164,000.00. 14
SECTION 3. Of the funds appropriated under the provisions of 15
this act, not more than the following amount of funds, with the 16
exception of the provisions in this section, shall be expended 17
S. B. No. 3097 *SS26/A614SG* ~ OFFICIAL ~
26/SS26/A614SG
PAGE 2

only for "Personal Services," which includes "Vacancy Funding," 18
for the following authorized number of employment headcount: 19
FUNDING: 20
General Funds: $ 4,348,003.00 21
Special Funds: $ 0.00 22
Total Funds: $ 4,348,003.00 23
PERSONAL SERVICES: 24
Employee Salaries, Wages and 25
Fringe Benefits: $ 3,963,628.00 26
Progressions: $ 0.00 27
Vacancy Funding: $ 384,375.00 28
Total Personal Services: $ 4,348,003.00 29
AUTHORIZED HEADCOUNT: 30
Permanent: 47 31
Time-Limited: 0 32
As used in this section, the term "Personal Services" shall 33
mean funds provided under the major object of expenditure category 34
Personal Services for Salaries, Wages, and Fringe Benefits. Funds 35
in this category shall not be transferred to any other category. 36
It is the intention of the Legislature to ensure compliance 37
with the Variable Compensation Plan, as outlined in Section 38
25-9-147, Mississippi Code of 1972. Payment from these funds 39
shall be in accordance with the Variable Compensation Plan 40
promulgated by the Mississippi State Personnel Board. It is the 41
Legislature's intention that no employee's salary falls below the 42
S. B. No. 3097 *SS26/A614SG* ~ OFFICIAL ~
26/SS26/A614SG
PAGE 3

minimum salary established by the Mississippi State Personnel 43
Board. 44
The State Personnel Board shall determine and publish the 45
projected annual cost of "Personal Services" based on monthly and 46
year-to-date payroll expenditures in compliance with the 47
provisions of this act. 48
With the funds herein appropriated, it shall be the agency's 49
responsibility to ensure that no single personnel action or 50
combination of personnel actions, when annualized, exceeds the 51
Fiscal Year 2027 appropriation for "Personal Services" with the 52
exception of escalated funds. Further, it shall be the agency's 53
responsibility to ensure that funds required to be appropriated 54
for "Personal Services" for Fiscal Year 2028 do not exceed Fiscal 55
Year 2027 funds appropriated for that purpose unless programs or 56
positions are added to the agency's Fiscal Year 2027 budget by the 57
Mississippi Legislature. 58
If, at the time the agency takes any action to change 59
"Personal Services," the State Personnel Board determines that the 60
agency has taken or will take an action that would cause the 61
agency to exceed the funds appropriated in this act when 62
annualized for Fiscal Year 2027 or increase the need for "Personal 63
Services" for Fiscal Year 2028, when annualized, the State 64
Personnel Board shall process no salary actions until such time as 65
the requirements of the provisions of this section are met with 66
S. B. No. 3097 *SS26/A614SG* ~ OFFICIAL ~
26/SS26/A614SG
PAGE 4

the exception of new hires determined to be essential for the 67
agency. 68
When used in this section, "Vacancy Funding" shall mean funds 69
included in the Total Personal Services amount listed above and 70
designated for approved vacancies in Fiscal Year 2027. These 71
funds are to be utilized to increase the number of filled 72
headcounts that were authorized but unfilled as of the last day of 73
Fiscal Year 2026. If the agency fills additional headcounts after 74
March 1, 2026, until the end of Fiscal Year 2026, the amount of 75
available Vacancy Funding may be proportionally adjusted to 76
reflect the updated number of filled headcounts. The agency shall 77
be responsible for ensuring that "Vacancy Funding" is used to 78
increase headcounts and not for promotions, title changes, 79
in-range salary adjustments, or any other mechanism for increasing 80
salaries for current employees. 81
Any transfers or escalations shall be made in accordance with 82
the terms, conditions, and procedures established by law or 83
allowable under the terms set forth within this act. The State 84
Personnel Board shall not escalate positions or increase the 85
Personal Services total without written approval from the 86
Department of Finance and Administration. The Department of 87
Finance and Administration shall not provide written approval to 88
escalate any funds for salaries and/or headcounts without proof of 89
availability of new or additional funds above the appropriated 90
level. Unless specifically noted, all Fiscal Year 2026 escalated 91
S. B. No. 3097 *SS26/A614SG* ~ OFFICIAL ~
26/SS26/A614SG
PAGE 5

headcounts have been accounted for and shall be converted to 92
authorized time-limited headcounts. 93
No general funds authorized to be expended herein shall be 94
used to replace federal funds and/or other special funds used for 95
salaries authorized under the provisions of this act and which are 96
withdrawn and no longer available. 97
None of the funds herein appropriated shall be used in 98
violation of the Internal Revenue Service's Publication 15-A 99
relating to the reporting of income paid to contract employees, as 100
interpreted by the Office of the State Auditor. 101
If the agency's total authorized headcount decreases from 102
Fiscal Year 2026 to Fiscal Year 2027, it will be the agency's 103
discretion as to what headcounts are removed. 104
SECTION 4. None of the funds appropriated under the 105
provisions of Section 1 of this act may be expended until the 106
State Personnel Board, based on data provided by the Legislative 107
Budget Office, determines and publishes the projected annual cost 108
to fully fund all appropriated positions for all agencies with 109
compliance language in their appropriation bills. 110
SECTION 5. It is the intention of the Legislature that the 111
State Personnel Board shall maintain complete accounting and 112
personnel records related to the expenditure of all funds 113
appropriated under this act and that such records shall be in the 114
same format and level of detail as maintained for Fiscal Year 115
2026. It is further the intention of the Legislature that the 116
S. B. No. 3097 *SS26/A614SG* ~ OFFICIAL ~
26/SS26/A614SG
PAGE 6

agency's budget request for Fiscal Year 2028 shall be submitted to 117
the Joint Legislative Budget Committee in a format and level of 118
detail comparable to the format and level of detail provided 119
during the Fiscal Year 2027 budget request process. 120
SECTION 6. It is the intention of the Legislature that 121
whenever two (2) or more bids are received by this agency for the 122
purchase of commodities or equipment, and whenever all things 123
stated in such received bids are equal with respect to price, 124
quality and service, the Mississippi Industries for the Blind 125
shall be given preference. A similar preference shall be given to 126
the Mississippi Industries for the Blind whenever purchases are 127
made without competitive bids. 128
SECTION 7. It is the intention of the Legislature that the 129
funds herein appropriated shall be expended in compliance with 130
Section 27-104-25, Mississippi Code of 1972, that no state agency 131
shall incur obligations or indebtedness in excess of its 132
appropriation and that the responsible officers, either personally 133
or upon their official bonds, shall be held responsible for 134
actions contrary to this provision. 135
SECTION 8. Of the funds appropriated under the provisions of 136
Section 2 of this act, One Hundred Sixty-four Thousand Dollars 137
($164,000.00), or so much thereof, shall be derived out of any 138
money in the State Treasury to the credit of the Capital Expense 139
Fund, as created in Section 27-103-303, Mississippi Code of 1972, 140
and allocated in a manner as determined by the State Treasurer. 141
S. B. No. 3097 *SS26/A614SG* ~ OFFICIAL ~
26/SS26/A614SG
PAGE 7
ST: Appropriation; Personnel Board.
These funds are provided to the State Personnel Board for 142
purchasing new laptops and other information technology equipment. 143
SECTION 9. The money herein appropriated shall be paid by 144
the State Treasurer out of any money in the State Treasury to the 145
credit of the proper fund or funds as set forth in this act, upon 146
warrants issued by the State Fiscal Officer, and the State Fiscal 147
Officer shall issue his warrants upon requisitions signed by the 148
proper person, officer or officers in the manner provided by law. 149
SECTION 10. This act shall take effect and be in force from 150
and after July 1, 2026. 151