MISSISSIPPI LEGISLATURE

2005 5th Extraordinary Session

To: Appropriations

By: Representative Brown, Watson

House Bill 2

AN ACT TO AUTHORIZE THE STATE FISCAL OFFICER TO WAIVE CERTAIN PERSONNEL PROVISIONS IN FISCAL YEAR 2006 APPROPRIATION ACTS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  It is the intention of the Legislature that state agencies be granted flexibility to administer their authorized personnel in the most efficient and effective manner to insure the agencies' statutory missions are not compromised as they meet all additional requirements necessitated by the unforeseen circumstances caused by Hurricane Katrina that are necessary to insure that the safety, health and welfare of all residents of the state are properly met.

     (2)  Due to the unforeseen circumstances caused by Hurricane Katrina, the State Fiscal Officer is authorized to waive any provisions in acts of the Legislature appropriating funds for fiscal year 2006 that prohibit agencies from taking action to promote or otherwise award salary increases through reallocation, reclassification, realignment, education benchmark, career ladder, or any other means to increase salaries of employees or positions unless specifically exempted by the following conditions:  the award of teacher pay increases, the advancement of a trainee/cadet to the next level of a bona fide career ladder, the award of an educational benchmark for the attainment of Certified Public Accountant License or higher level professional certification as determined by the State Personnel Board, the immediate replacement of a departing employee with an individual from within state service or a new hire at a salary level equivalent to that of the departing employee, and the emergency appointment of nurses, pharmacists or other health care professionals at a salary to be determined by the State Personnel Board, unless otherwise authorized in the agency's appropriation bill.

     SECTION 2.  This act shall take effect and be in force from and after its passage.