Bill Text: MS SB2982 | 2010 | Regular Session | Introduced
Bill Title: Furlough Plan for State of Mississippi; require.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2010-02-02 - Died In Committee [SB2982 Detail]
Download: Mississippi-2010-SB2982-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Appropriations
By: Senator(s) Hewes, Gollott
Senate Bill 2982
AN ACT TO DIRECT THE GOVERNOR TO IMPLEMENT A FURLOUGH PLAN FOR THE STATE OF MISSISSIPPI APPLICABLE TO ALL STATE SERVICE AND NONSTATE SERVICE EMPLOYEES AND STATE CONTRACT PERSONNEL; TO PROVIDE FOR STATE AGENCY CLOSURES ON DAYS WHEN THESE EMPLOYEES ARE FURLOUGHED; TO PROVIDE EXEMPTIONS FOR EMPLOYEES AND AGENCIES PROVIDING DIRECT PATIENT OR INMATE RESIDENTIAL CARE OR PROVIDING LAW ENFORCEMENT SERVICES; TO AMEND SECTION 25-1-98, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For the purposes of this section:
(a) "Furlough" is defined as the placement of an employee temporarily and involuntarily in a nonpay and nonduty status for a limited number of workdays per month.
(b) "State employee" is defined as including all state service and nonstate service employees as these terms are defined in Section 25-9-107, Mississippi Code of 1972, and shall specifically include contract personnel who are under contract with a state agency.
(2) The Governor is empowered and directed to place all state employees on furlough for one (1) day each month for the period beginning on passage of this act and ending on December 31, 2011. The furlough days shall be taken on the last working Friday of each month. Because of the furlough of the workforce, unless indicated otherwise herein, all state agency offices will be closed on the designated furlough days. Unless exempted herein, all state employees shall not be paid for designated furlough days. Operations that require twenty-four-hour coverage due to the providing of critical care to clients served and criminal law enforcement responsibilities will remain operational on a twenty-four-hour basis and will stagger or rotate furlough days among the employees of the agency, as directed by the administrative head of the exempted state agency. These exemptions from office closure include only the following: (a) the University Medical Center; (b) Mississippi State Hospital and all facilities of the Mississippi Department of Mental Health providing direct continuous care to residents; (c) Mississippi State Penitentiary and all regional state correctional facilities providing direct continuous supervision and custodial care to inmates; (d) uniformed troopers of the State Highway Patrol; (e) uniformed wildlife conservation enforcement officers; (f) Oakley Training Facility; (g) uniformed Department of Transportation Enforcement Division officers; (h) uniformed members of the Mississippi National Guard on required active duty status as directed by the Adjutant General; and (i) faculty of state institutions of higher learning holding regularly scheduled classes on a working Friday.
(3) The Governor acting through the State Fiscal Officer shall promulgate the furlough plan and furlough schedule directed under this act, including necessary regulations relating to the preparation of payroll and employee time records, and will post modified hours of operations for the respective agencies at appropriate locations and on the Internet.
SECTION 2. Section 25-1-98, Mississippi Code of 1972, is amended as follows:
25-1-98. In addition to any other times required by statute, all state offices shall be open and staffed for the normal conduct of business from 8:00 a.m. until 5:00 p.m., Monday through Friday, except on legal holidays as set forth in Section 3-3-7, and on days when the state agency office is closed on a designated furlough day as provided in Section 1 of this act. The Governor may designate certain state offices and institutions as providers of essential services and require that they be open and staffed on legal holidays. The Board of Directors of the Mississippi Industries for the Blind may, in its discretion, require that its offices and operations be open and staffed on legal holidays. Employees required to work on legal holidays shall earn compensatory leave under the provisions of Section 25-3-92. No employee shall receive additional vacation or sick leave benefits for working on a legal holiday, nor shall this section be construed to authorize any additional compensation as an alternative to the accrual of compensatory leave except as specifically provided for in a legislative appropriation. The provisions of this section shall not be construed to limit the hours of operation of any agency or to abrogate any action taken during hours other than those stated, nor shall these provisions apply to any offices that do not customarily stay open five (5) days a week. The provisions of this section shall not apply to the military department of the State of Mississippi or to the armories, field training sites, air bases or other installations of the Mississippi National Guard.
A workday for a state employee in a full-time employment position shall be eight (8) hours in duration at a minimum exclusive of time off for meals. The appointing authority shall develop work schedules which ensure that each full-time employee works a full workday and shall provide the State Auditor with a copy of the regular work schedule of the appointing authority.
SECTION 3. This act shall take effect and be in force from and after its passage.
