MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Appropriations

By: Representatives Clark, Barnett (92nd)

AN ACT TO PROVIDE THAT WHENEVER THE LEGISLATURE AUTHORIZES AN INCREASE IN THE NUMBER OF EMPLOYMENT POSITIONS FOR A STATE AGENCY ABOVE THE NUMBER OF POSITIONS AUTHORIZED FOR THE PREVIOUS FISCAL YEAR, AND SOME OR ALL OF THE ADDITIONAL POSITIONS ARE NOT FILLED, THE MONEY ALLOCATED IN THE AGENCY'S APPROPRIATION BILL FOR SALARIES FOR THE ADDITIONAL POSITIONS THAT ARE NOT FILLED SHALL NOT BE EXPENDED BY THE AGENCY TO INCREASE THE SALARIES OF ANY OTHER EMPLOYEES; TO PROVIDE THAT WHENEVER THE LEGISLATURE AUTHORIZES SALARY INCREASES FOR EMPLOYEES OF A STATE AGENCY, THE AGENCY SHALL PROVIDE THE SALARY INCREASES TO THE EMPLOYEES IN STRICT COMPLIANCE WITH THE LEGISLATIVE INTENT EXPRESSED AND ANY FORMULA SPECIFIED IN THE AGENCY'S APPROPRIATION BILL; TO PROHIBIT STATE AGENCIES FROM ASKING THE PERSONNEL BOARD TO REALIGN EMPLOYMENT POSITIONS UNLESS THE AGENCY PROVIDES FULL DOCUMENTATION TO THE BOARD THAT THE AGENCY HAS SUFFICIENT FUNDS IN ITS CURRENT APPROPRIATION BILL TO FULLY FUND THE INCREASED SALARIES OF THE REALIGNED POSITIONS THROUGH THE END OF THE FISCAL YEAR; TO PROHIBIT THE PERSONNEL BOARD FROM AUTHORIZING OR APPROVING THE REALIGNMENT OF ANY EMPLOYMENT POSITIONS OF ANY STATE AGENCY UNLESS THE BOARD HAS DETERMINED THAT THE AGENCY HAS SUFFICIENT FUNDS IN ITS CURRENT APPROPRIATION BILL TO FULLY FUND THE INCREASED SALARIES OF THE REALIGNED POSITIONS THROUGH THE END OF THE FISCAL YEAR; TO PROVIDE THAT THE HEAD OF ANY STATE AGENCY THAT EXPENDS FUNDS IN VIOLATION OF THE PROVISIONS OF THIS ACT SHALL BE PERSONALLY LIABLE TO THE STATE FOR THE AMOUNT OF MONEY IMPROPERLY EXPENDED; TO PROHIBIT THE STATE FISCAL OFFICER FROM ISSUING ANY WARRANTS THAT WOULD AUTHORIZE ANY STATE AGENCY TO EXPEND ANY MONEY IN VIOLATION OF THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Whenever the Legislature has authorized more employment positions for a state agency in its appropriation bill for the current fiscal year than the number of employment positions that were authorized for that agency in its appropriation bill for the previous fiscal year, and some or all of the additional employment positions are not filled by the agency during the current fiscal year, the money allocated in the agency's appropriation bill for the current fiscal year for salaries, wages and fringe benefits for the additional employment positions that are not filled shall not be used by the agency to increase the salaries, wages or fringe benefits of any other employment positions or be expended by the agency for any other purpose.

(2) The amount of general funds allocated in a state agency's appropriation bill for the current fiscal year for additional employment positions that are not filled shall lapse into the State General Fund at the end of the current fiscal year, and the amount of special funds allocated in a state agency's appropriation bill for the current fiscal year for additional employment positions that are not filled shall remain in the special fund at the end of the current fiscal year unless they are required by law to lapse into the State General Fund.

(3) If the executive head or other employee of a state agency authorizes or allows any of the money allocated in the agency's appropriation bill for the current fiscal year for salaries, wages and fringe benefits for additional employment positions that are not filled, to be used to increase the salaries, wages or fringe benefits of any other employment positions or to be expended for any other purpose in violation of this section, the executive head or other employee shall be personally liable to the State of Mississippi for the amount of money so authorized or allowed to be improperly used or expended.

(4) The State Fiscal Officer shall not issue any warrant authorizing any of the money allocated in a state agency's appropriation bill for the current fiscal year for salaries, wages and fringe benefits for additional employment positions that are not filled, to be used to increase the salaries, wages or fringe benefits of any other employment positions or to be expended for any other purpose in violation of this section.

SECTION 2. (1) Whenever the Legislature has authorized salary increases for the employees of any state agency in the agency's appropriation bill, the executive head of the agency shall provide the salary increases to the employees in strict compliance with the legislative intent expressed and any formula specified in the appropriation bill. If the Legislature provides for across-the-board salary increases for the employees of a state agency in the agency's appropriation bill, and the bill specifies that the salary increases are to be the same amount for each employee, the money allocated in the appropriation bill for across-the-board salary increases shall not be used by the agency to provide salary increases in different amounts for different employees.

(2) If the executive head or other employee of a state agency authorizes or allows any of the money allocated in the agency's appropriation bill for salary increases for employees of the agency to be used or expended in any manner that is not in strict compliance with the legislative intent expressed and any formula specified in the appropriation bill or that is otherwise in violation of this section, the executive head or other employee shall be personally liable to the State of Mississippi for the amount of money so authorized or allowed to be improperly used or expended.

(3) The State Fiscal Officer shall not issue any warrant authorizing any of the money allocated in a state agency's appropriation bill for salary increases for employees of the agency to be used or expended in any manner that is not in strict compliance with the legislative intent expressed and any formula specified in the appropriation bill or that is otherwise in violation of this section.

SECTION 3. (1) A state agency shall not ask the State Personnel Board or the State Personnel Director to realign any employment positions of the agency unless the agency concurrently provides full documentation to the Personnel Board or the Personnel Director that the agency has sufficient funds allocated in its appropriation bill for the current fiscal year for salaries, wages and fringe benefits to fully fund the increased salaries, wages and fringe benefits of the realigned positions through the end of the current fiscal year without receiving an additional or deficit appropriation during the same fiscal year. The State Personnel Board or the State Personnel Director shall not realign or authorize or approve a realignment of any employment positions of any state agency unless the Personnel Board or the Personnel Director has determined with certainty that the agency has sufficient funds allocated in its appropriation bill for the current fiscal year for salaries, wages and fringe benefits to fully fund the increased salaries, wages and fringe benefits of the realigned positions through the end of the current fiscal year without receiving an additional or deficit appropriation during the same fiscal year.

(2) If the executive head or other employee of a state agency asks the State Personnel Board or the State Personnel Director to realign any employment positions of the agency with the knowledge that the agency does not have sufficient funds allocated in its appropriation bill for the current fiscal year for salaries, wages and fringe benefits to fully fund the increased salaries, wages and fringe benefits of the realigned positions through the end of the current fiscal year without receiving an additional or deficit appropriation during the same fiscal year, and the agency expends money for increases in the salaries, wages or fringe benefits of the realigned positions and later needs an additional or deficit appropriation during the same fiscal year as a result of those increased expenditures for the realigned positions, the executive head or other employee shall be personally liable to the State of Mississippi for the amount of money expended for increases in the salaries, wages or fringe benefits of the realigned positions.

(3) If the State Personnel Board or the State Personnel Director realigns or authorizes or approves a realignment of any employment positions of any state agency without determining with certainty that the agency has sufficient funds allocated in its appropriation bill for the current fiscal year for salaries, wages and fringe benefits to fully fund the increased salaries, wages and fringe benefits of the realigned positions through the end of the current fiscal year without receiving an additional or deficit appropriation during the same fiscal year, and the agency expends money for increases in the salaries, wages or fringe benefits of the realigned positions and later needs an additional or deficit appropriation during the same fiscal year as a result of those increased expenditures for the realigned positions, the members of the Personnel Board or the Personnel Director, whichever authorized or approved the realignment of the positions, shall be personally liable to the State of Mississippi for the amount of money expended for increases in the salaries, wages or fringe benefits of the realigned positions.

(4) The State Fiscal Officer shall not issue any warrant authorizing any of the money allocated in a state agency's appropriation bill for salaries, wages and fringe benefits to be expended for increases in the salaries, wages or fringe benefits of any employment positions that were realigned during the current fiscal year, unless there are sufficient funds allocated in the agency's appropriation bill for the current fiscal year for salaries, wages and fringe benefits to fully fund the increased salaries, wages and fringe benefits of the realigned positions through the end of the current fiscal year without receiving an additional or deficit appropriation during the same fiscal year.

SECTION 4. This act shall take effect and be in force from and after July 1, 2000.