Senate Bill 2677

AN ACT TO AMEND SECTIONS 27-103-153 AND 27-103-155, MISSISSIPPI CODE OF 1972, TO ESTABLISH A TASK FORCE OF LEGISLATIVE AND EXECUTIVE BRANCH REPRESENTATIVES TO DEVELOP RECOMMENDATIONS NECESSARY TO IMPLEMENT THE "MISSISSIPPI PERFORMANCE BUDGET AND STRATEGIC PLANNING ACT OF 1994," TO DIRECT THE TASK FORCE TO ESTABLISH GUIDELINES FOR THE LEVEL OF TRAINING FOR LEGISLATIVE AND EXECUTIVE BRANCH PERSONNEL TO UTILIZE PERFORMANCE-BASED BUDGETING AS A MANAGEMENT FUNCTION, AND TO REQUIRE APPROPRIATION BILLS TO INCLUDE PERFORMANCE TARGETS AND EVALUATIONS BEGINNING WITH THE 2008 REGULAR SESSION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 27-103-153, Mississippi Code of 1972, is amended as follows:

27-103-153. (1) There is hereby established a task force of legislative and executive branch representatives to develop and make necessary recommendations relating to the implementation of the Mississippi Performance Budget and Strategic Planning Act of 1994. The task force shall consist of the following: the Chairman of the Senate Appropriations Committee; the Chairman of the House Appropriations Committee; the Chairman of the Senate Finance Committee; the Chairman of the House Ways and Means Committee; the Executive Director of the Legislative Budget Office; the Executive Director of the Department of Finance and Administration; the Executive Director of the State Personnel Board; the budget and finance directors of the following state agencies designated by the executive director of each agency: the Mississippi Department of Transportation, the Division of Medicaid, the State Department of Education, the Department of Human Services, the Department of Corrections, the Board of Trustees of State Institutions of Higher Learning, the State Department of Rehabilitation Services, the Department of Wildlife, Fisheries and Parks, the Department of Employment Security, the Mississippi Tax Commission, the Department of Environmental Quality, the State Department of Health, the State Department of Mental Health and the Office of Governor. The task force shall meet upon the call of the Director of the Legislative Budget Office not later than July 1, 2007, and shall organize by selecting a chairman. The task force shall have subsequent meetings upon the call of the chairman. Necessary clerical and administrative support shall be provided by the Legislative Budget Office. The task force shall have the responsibility to develop a report to the 2008 Regular Session of the Legislature and the Governor with any necessary recommended legislation to implement performance-based budgeting as required under Sections 27-103-151 through 27-103-155, and shall specifically address the following: (a) outline directives for increasing the level of training of personnel to conduct performance-based budgeting; (b) establish education guidelines for committees of the Legislature and agencies to utilize performance-based data; (c) clarify the purpose of performance-based budgeting; (d) specify the sanctions to be applied to agencies who do not meet performance goals; (e) review and make recommendations on current methods of outcome measurement, evaluation and establishment of performance measures; and (f) clarify the use of performance-based budgeting by state agencies as a management function. The task force may hold hearings and seek expert testimony from other states which have implemented performance-based budgeting. The task force shall develop and make its report to the Governor and the 2008 Regular Session of the Legislature no later than January 1, 2008, and upon making its report, the task force shall be dissolved.

(2) Beginning with the 2008 Regular Session, the appropriation bills enacted to provide funding for each state agency or institution shall include performance targets for each performance measure established for each program within each such agency. Said performance targets shall be established annually by the Legislature and shall be based upon the funding level authorized for each agency within its appropriation bill. The Department of Finance and Administration shall provide accounting system services to each agency to allow both program expenditures and performance measurement data to be maintained and reported in such form and in such detail as may be required by the Joint Legislative Budget Committee.

SECTION 2. Section 27-103-155, Mississippi Code of 1972, is amended as follows:

27-103-155. Beginning with the 2008 Regular Session, the Legislature shall make available funds for the employment of such persons as may be required to conduct an evaluation of the actual performance accomplishments of each agency and its programs in comparison to the targeted performance levels established within the appropriation bill for each agency and its programs. The results of such evaluations shall be prepared in such form and in such detail as may be required by the Joint Legislative Budget Committee. Beginning with the 2008 Regular Session, the Legislative Budget Office and the Department of Finance and Administration shall review the five-year strategic plans submitted by each agency as an addendum to its budget request and shall make copies of said plans available to the Legislature for review and consideration.

SECTION 3. This act shall take effect and be in force from and after July 1, 2007.