Senate Bill 2011

AN ACT TO AUTHORIZE THE STATE FISCAL OFFICER TO WAIVE CERTAIN PERSONNEL PROVISIONS PROVIDED 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 which 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 hereby authorized to waive any provisions in acts of the Legislature appropriating funds for fiscal year 2006 which 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 this act.

(3) In addition, the State Fiscal Officer is hereby authorized to waive any provisions in acts of the Legislature appropriating funds for fiscal year 2006 which require agency heads to insure that no single personnel action increases the projected annual cost and/or the fiscal year 2006 appropriation for "personal services" when annualized, with the exception of escalated funds. Any waivers authorized by this section shall not completely waive requirements of agencies to maintain compliance with fiscal year 2006 appropriated levels for "personal services," but shall require agencies to maintain monthly compliance similar to requirements in fiscal year 2004 appropriation acts. Any waivers granted by the State Fiscal Officer shall further require agencies to maintain compliance as follows:

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "personal services" for fiscal year 2007 do not exceed fiscal year 2006 funds appropriated for that purpose, unless programs or positions are added to the agency's fiscal year 2007 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the fiscal year 2006 appropriation for "personal services" when annualized. If, at the end of any calendar month, the State Personnel Board determines that the agency has taken action(s) which would cause the agency to exceed this projected annual cost or the fiscal year 2006 "personal services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

SECTION 2. This act shall take effect and be in force from and after its passage and through June 30, 2006.