Senate Bill 2680

(As Passed the Senate)

AN ACT TO AMEND SECTIONS 25-9-127 AND 25-9-105, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FOR A PERIOD OF ONE YEAR THE PERSONNEL ACTIONS OF CERTAIN AGENCIES SHALL BE EXEMPT FROM CERTAIN STATE PERSONNEL BOARD PROCEDURES, AND ALL EMPLOYEES OF SUCH AGENCIES SHALL BE CLASSIFIED AS NONSTATE SERVICE DURING THAT PERIOD; 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 federal selective service act.

(4) For a period of one (1) year after the effective date of this act, the provisions of subsection (1) shall not apply to the personnel actions of the following agencies, and all employees of such agencies shall be classified as nonstate service during that period:

(a) Division of Medicaid, Office of Governor;

(b) Mississippi Department of Corrections;

(d) Mississippi Department of Human Services;

(e) Mississippi Department of Public Safety and the Mississippi Bureau of Narcotics;

(f) Mississippi Emergency Management Agency;

(g) Mississippi Development Authority;

(h) Mississippi Department of Environmental Quality;

(i) Mississippi Employment Security Commission and its successor agency the Department of Employment Security, Office of Governor;

(j) The State Department of Education;

(k) The Mississippi Department of Information Technology;

(l) The Mississippi Authority for Educational Television;

(m) The State Department of Audit;

(n) The State Treasurer;

(o) The Mississippi Department of Health;

(p) The Mississippi Department of Insurance;

(q) The Mississippi Department of Wildlife, Fisheries and Parks;

(r) The Mississippi Department of Mental Health;

(s) The State Tax Commission;

(t) The State Personnel Board;

(u) The Department of Rehabilitation Services;

(v) The Department of Marine Resources;

(w) The Mississippi Public Service Commission;

(x) The Secretary of State; and

(y) The Workers' Compensation Commission.

However, any employee hired after the effective date of this act by the aforementioned agencies shall meet criteria of the State Personnel Board as presently exists for employment. Whenever an employee at such agencies is dismissed or involuntarily terminated under the authority of this section during that period of time, the employee's position shall be eliminated. The administrative head of such agencies shall consult with the Office of Attorney General before taking personnel actions permitted by this section to review those actions for compliance with applicable state and federal law.

SECTION 2. Section 25-9-105, Mississippi Code of 1972, is amended as follows:

25-9-105. It is the intent of this chapter to consolidate into one (1) state personnel system all agencies and employees now administered by the Mississippi Classification Commission, agencies and employees now administered by the Mississippi Coordinated Merit System Council, and such other agencies and employees except as excluded by this chapter. The state personnel board established herein shall assume the total functions of personnel administration services (a) for those agencies and positions now required and operating under merit system rules due to federal statutory and regulatory provisions or state law, and (b) for all state agencies, departments and institutions except as excluded by this chapter. Provided, however, that state agencies which are not required by law to operate under merit system rules may request an exemption from the applicant selection process by specific job class or on an agency-wide basis when such exemption is justifiable. * * *

SECTION 3. This act shall take effect and be in force from and after its passage.