Bill Text: MS HB1390 | 2026 | Regular Session | Enrolled
Bill Title: State agencies; revise certain provisions in FY26 appropriations to.
Sponsorship: Partisan Bill (Republican 1)
Status: (Passed) 2026-04-06 - Approved by Governor [HB1390 Detail]
Download: Mississippi-2026-HB1390-Enrolled.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Appropriations A
By: Representative Read
House Bill 1390
(As Sent to Governor)
AN ACT TO AMEND SECTION 6 OF CHAPTER 3, LAWS OF FIRST EXTRAORDINARY SESSION OF 2025, TO REDUCE THE AMOUNT AUTHORIZED FOR THE ANNUAL SALARY OF THE CHAIRMAN OF THE ATHLETIC COMMISSION FOR FISCAL YEAR 2026; TO AMEND SECTION 3 OF CHAPTER 66, LAWS OF FIRST EXTRAORDINARY SESSION OF 2025, TO INCREASE THE AUTHORIZED HEAD COUNT FOR TIME LIMITED POSITIONS OF THE DEPARTMENT OF CHILD PROTECTION SERVICES FOR FISCAL YEAR 2026; TO AMEND SECTION 18 OF CHAPTER 86, LAWS OF FIRST EXTRAORDINARY SESSION OF 2025, TO INCREASE THE AMOUNT OF FUNDS PROVIDED FOR FISCAL YEAR 2026 FROM THE STATE NG911 FUND FOR STARTUP COSTS FOR THE NEW STATE NG911 PROGRAM AT THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 6 of Chapter 3, Laws of First Extraordinary Session of 2025 (Athletic Commission), is amended as follows:
Section 6. With the
funds appropriated herein, the Chairman of the Commission shall be the ex
officio recorder of permits and licenses and for his service as such shall
receive an annual salary equal to * * *
Thirty-two Thousand Five Hundred Dollars ($32,500.00).
SECTION 2. Section 3 of Chapter 66, Laws of First Extraordinary Session of 2025 (Child Protection Services) is amended as follows:
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: $ 63,813,836.00
Special Funds: $ 61,075,742.00
Total Funds: $ 124,889,578.00
PERSONAL SERVICES:
Employee Salaries, Wages, and
Fringe Benefits: $ 118,645,099.00
Progressions: $ 0.00
Vacancy Funding: $ 6,244,479.00
Total Personal Services: $ 124,889,578.00
AUTHORIZED HEADCOUNT:
Permanent: 1,507
Time-Limited:
* * * 422
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 2026 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 2027 do not exceed Fiscal Year 2026 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2026 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 2026 or increase the need for "Personal Services" for Fiscal Year 2027, 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 2026. 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 2025. If the agency fills additional headcounts after May 1, 2025, until the end of Fiscal Year 2025, the amount of available Vacancy Funding may be proportionally reduced 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 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 2025 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 2025 to Fiscal Year 2026, it will be the agency's discretion as to what headcounts are removed.
The Legislature authorized six (6) new headcounts, which are included in the authorized headcount above for Fiscal Year 2026.
New Headcount Authorized:
Attorney Family - 6
SECTION 3. Section 18 of Chapter 86, Laws of First Extraordinary Session of 2025 (Mississippi Emergency Management Agency), is amended as follows:
Section 18. Of the funds appropriated in Section 2, * * * Three Million Dollars ($3,000,000.00) is
provided from the State NG911 Fund as created in * * * Section
19-5-395, Mississippi Code of 1972, for startup costs for the new State
NG911 program at the agency.
SECTION 4. This act shall take effect and be in force from and after its passage.
