Bill Text: MS HB974 | 2017 | Regular Session | Engrossed
Bill Title: Personnel Board; certain agencies shall be exempt from rules, regulations and procedures of for three years.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-02-28 - Died In Committee [HB974 Detail]
Download: Mississippi-2017-HB974-Engrossed.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Appropriations
By: Representative Read
House Bill 974
(As Passed the House)
AN ACT TO AMEND SECTION 25-9-127, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM JULY 1, 2017, THROUGH JUNE 30, 2020, THE PERSONNEL ACTIONS OF CERTAIN AGENCIES SHALL BE EXEMPT FROM THE STATE PERSONNEL BOARD RULES, REGULATIONS AND PROCEDURES; TO AMEND SECTION 25-9-148, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE PERSONNEL BOARD TO SUBMIT A MONTHLY ELECTRONIC REPORT TO THE CHAIRS OF THE HOUSE AND SENATE APPROPRIATIONS COMMITTEES REGARDING INCREASES IN COMPENSATION FOR STATE OFFICERS AND EMPLOYEES DURING THE PRECEDING MONTH; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-9-127, Mississippi Code of 1972, is amended as follows:
25-9-127. (1) No employee of any department, agency or institution who is included under this chapter or hereafter included under its authority, and who is subject to the rules and regulations prescribed by the state personnel system, may be dismissed or otherwise adversely affected as to compensation or employment status except for inefficiency or other good cause, and after written notice and hearing within the department, agency or institution as shall be specified in the rules and regulations of the State Personnel Board complying with due process of law; and any employee who has by written notice of dismissal or action adversely affecting his compensation or employment status shall, on hearing and on any appeal of any decision made in such action, be required to furnish evidence that the reasons stated in the notice of dismissal or action adversely affecting his compensation or employment status are not true or are not sufficient grounds for the action taken; provided, however, that this provision shall not apply (a) to persons separated from any department, agency or institution due to curtailment of funds or reduction in staff when such separation is in accordance with rules and regulations of the state personnel system; (b) during the probationary period of state service of twelve (12) months; and (c) to an executive officer of any state agency who serves at the will and pleasure of the Governor, board, commission or other appointing authority.
(2) The operation of a state-owned motor vehicle without a valid Mississippi driver's license by an employee of any department, agency or institution that is included under this chapter and that is subject to the rules and regulations of the state personnel system shall constitute good cause for dismissal of such person from employment.
(3) Beginning July 1, 1999, every male between the ages of eighteen (18) and twenty-six (26) who is required to register under the federal Military Selective Service Act, 50 USCS App. 453, and who is an employee of the state shall not be promoted to any higher position of employment with the state until he submits to the person, commission, board or agency by which he is employed satisfactory documentation of his compliance with the draft registration requirements of the Military Selective Service Act. The documentation shall include a signed affirmation under penalty of perjury that the male employee has complied with the requirements of the Military Selective Service Act.
* * *
( * * *4) Through
July 1, * * * 2020,
the provisions of subsection (1) of this section shall not apply to the
personnel actions of the Department of Human Services that are subject to the
rules and regulations of the State Personnel Board, the personnel
actions of the Department of Human Services
shall be exempt from State Personnel Board rules, regulations and procedures during
that period, and all employees of the
department shall be classified as nonstate service during that period. Any
employee hired on or after July 1, * * * 2020, by the department shall meet the criteria
of the State Personnel Board as it presently exists for employment. The
Executive Director of Human Services shall consult with the Office of the
Attorney General before taking personnel actions authorized by this section to
review those actions for compliance with applicable state and federal law.
( * * *5)
Through July 1, * * * 2020, the provisions of subsection (1) of this
section shall not apply to the personnel actions of the Department of Child
Protection Services that are subject to the rules and regulations of the State
Personnel Board, the personnel actions of the Department of Child Protection Services shall be exempt from
State Personnel Board rules, regulations and procedures during that period,
and all employees of the department shall be
classified as nonstate service during that period. Any employee hired on or
after July 1, * * * 20202019, by the division shall meet the criteria of the State
Personnel Board as it presently exists for employment. The Commissioner of
Child Protection Services shall consult with the Office of the Attorney General
before taking personnel actions authorized by this section to review those
actions for compliance with applicable state and federal law.
(6) From July 1, 2017, through June 30, 2020, the provisions of subsection (1) of this section shall not apply to the personnel actions of the following agencies, the personnel actions of those agencies shall be exempt from State Personnel Board rules, regulations and procedures during that period, and all employees of those agencies shall be classified as nonstate service during that period:
(a) Department of Banking and Consumer Finance;
(b) Department of Corrections;
(c) Mississippi Development Authority;
(d) Mississippi Emergency Management Agency;
(e) Mississippi Department of Employment Security;
(f) Department of Environmental Quality;
(g) Department of Finance and Administration;
(h) Department of Marine Resources;
(i) Division of Medicaid;
(j) Department of Public Safety, except for sworn law enforcement officers of that agency;
(k) Department of Wildlife, Fisheries and Parks, except for sworn law enforcement officers of that agency;
(l) Department of Audit;
(m) Treasury Department;
(n) Attorney General's Office;
(o) Department of Agriculture and Commerce;
(p) Public Service Commission;
(q) Public Utilities Staff;
(r) Mississippi Department of Transportation;
(s) Office of State Aid Road Construction;
(t) Department of Insurance;
(u) State Fire Academy;
(v) Secretary of State;
(w) Public Employees' Retirement System;
(x) State Department of Education;
(y) State Department of Health;
(z) Judicial Performance Commission;
(aa) Supreme Court;
(bb) Court of Appeals;
(cc) Administrative Office of Courts;
(dd) Department of Information Technology Services;
(ee) Wireless Communication Commission;
(ff) State Personnel Board;
(gg) Department of Revenue;
(hh) Board of Tax Appeals;
(ii) Authority for Education Television;
(jj) Mississippi Library Commission;
(kk) Department of Archives and History;
(ll) State Forestry Commission;
(mm) Grand Gulf Military Monument Commission;
(nn) State Oil and Gas Board;
(oo) State Soil and Water Conservation Commission;
(pp) State Department of Rehabilitation Services;
(qq) State Veterans Affairs Board;
(rr) Mississippi Arts Commission;
(ss) Mississippi Gaming Commission;
(tt) Workers' Compensation Commission;
(uu) Mississippi Fair Commission;
(vv) State Board of Registration for Foresters;
(ww) Office of State Public Defender;
(xx) Mississippi Ethics Commission;
(yy) Office of Capital Post-Conviction Counsel;
(zz) Board of Registered Professional Geologists;
(aaa) Board of Veterinary Medicine;
(bbb) State Board of Funeral Service;
(ccc) State Board of Contractors;
(ddd) State Board of Examiners for Licensed Professional Counselors;
(eee) State Board of Nursing Home Administrators;
(fff) State Board of Physical Therapy;
(ggg) Mississippi Board of Nursing;
(hhh) Mississippi Motor Vehicle Commission;
(iii) State Board of Barber Examiners;
(jjj) Board of Licensure for Professional Engineers and Surveyors;
(kkk) Mississippi Athletic Commission;
(lll) State Board of Public Accountancy;
(mmm) State Board of Pharmacy;
(nnn) State Board of Architecture;
(ooo) State Board of Chiropractic Examiners;
(ppp) Mississippi Board of Animal Health;
(qqq) Pat Harrison Waterway District;
(rrr) Tennessee-Tombigbee Waterway Development Authority;
(sss) Yellow Creek State Inland Port Authority;
(ttt) Mississippi River Parkway Commission;
(uuu) Tombigbee River Valley Water Management District;
(vvv) Pearl River Basin Development District;
(www) Pearl River Valley Water Supply District.
However, any employee hired from July 1, 2017, through June 30, 2020, by any of the agencies listed in this subsection shall meet the criteria of the State Personnel Board as it presently exists for employment. The executive director or head of each of the agencies listed in this subsection shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
( * * *7) (a) Any state agency whose
personnel actions are exempted in this section from the rules, regulations and
procedures of the State Personnel Board shall file with the Lieutenant
Governor, the Speaker of the House of Representatives, and the members of the
Senate and House Accountability, Efficiency * * * and Transparency Committees an annual
report no later than July 1 * * * of each year * * * while under the exemption. Such
annual report shall contain the following information:
( * * *i) The number of current employees who
received an increase in salary during the past fiscal year and the amount of
the increase;
( * * *ii) The number of employees who were
dismissed from the agency or otherwise adversely affected as to compensation or
employment status during the past fiscal year, including a description of such
adverse effects; and
( * * *iii) The number of new employees hired
during the past fiscal year and the starting salaries of each new employee.
(b) Any state agency whose personnel actions are exempted in this section from the rules, regulations and procedures of the State Personnel Board shall send the following information electronically to the Chairmen of the House and Senate Appropriations Committees and the Legislative Budget Office at the end of each month while under the exemption:
(i) The number of current employees who received an increase in salary during the preceding month and the type and the amount of the increase;
(ii) The number of employees by job title and salary who were dismissed from the agency or otherwise adversely affected as to compensation or employment status during the preceding month, including a description of those adverse effects; and
(iii) The number of new employees hired during the previous month and the job title and the starting salary of each new employee.
SECTION 2. Section 25-9-148, Mississippi Code of 1972, is amended as follows:
25-9-148. * * * The State Personnel Board shall prepare * * * an electronic report to be
submitted monthly to the * * * Chair of the House of
Representatives Appropriations * * *
Committee, the * * *
Chair of the Senate Appropriations * * *
Committee and the Legislative Budget Office specifically describing
every increase in compensation, other than salary increases authorized by the
Legislature, or additional compensation that was awarded to any state officer,
administrator, executive head, employee or employees during the * * * preceding * * * month. For each increase or
additional compensation awarded, the report shall include no less than the
following information: the annual salary of the officer, administrator,
executive head or employee before the increase; the total amount of the
increase or additional compensation; the justification for the increase or
additional compensation; the effective date of the increase or additional
compensation; and the source of the additional compensation, including federal
or private funds.
SECTION 3. It is not the intention of this act to remove school attendance officers from under protection of the State Personnel Board and they are specifically excluded from removal therefrom by this act.
SECTION 4. This act shall take effect and be in force from and after July 1, 2017.
