House Bill 1355

AN ACT TO AMEND SECTION 25-9-147, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE PERSONNEL BOARD TO WORK WITH THE LEGISLATIVE BUDGET OFFICE TO DEVELOP SALARY FUNDING LEVELS FOR EACH STATE AGENCY UNDER THE PURVIEW OF THE STATE PERSONNEL BOARD; TO PROVIDE THAT THE LEGISLATIVE BUDGET OFFICE SHALL PROVIDE A RECONCILIATION OF SALARY FUNDING LEVELS FOR EACH FISCAL YEAR TO THE STATE PERSONNEL BOARD WITHIN 30 DAYS AFTER THE DATE OF SINE DIE ADJOURNMENT OF THE REGULAR LEGISLATIVE SESSION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-9-147, Mississippi Code of 1972, is amended as follows:

25-9-147. (1) The State Personnel Board shall review on an annual basis the variable compensation plan adopted by the Legislature at the regular session of 1981 and subsequently implemented by the State Personnel Board. Each state department or agency subject to the variable compensation plan shall prepare an annual written report under the direction of the head of that department or agency outlining the impact which the plan has had on that department or agency during the preceding fiscal year. Such department or agency report shall be submitted to the State Personnel Board and shall become a part of the board's annual review of the variable compensation plan. After conducting its annual review of the plan and studying the report of each department or agency, the State Personnel Board shall prepare a written legislative report, to be submitted to the members of the Mississippi Legislature prior to January 1 of each year. This written report shall accurately reflect the effect of the variable compensation plan on the various departments or agencies subject to the plan. * * * The plan shall be named the "Colonel Guy Groff/Neville Kenning Variable Compensation Plan."

(2) (a) The State Personnel Board shall work with the Legislative Budget Office to develop salary funding levels for each state agency under the purview of the State Personnel Board. The salary funding level will be developed for each fiscal year with information provided by the State Personnel Board and the state agency. The Legislative Budget Office shall provide a reconciliation of salary funding levels for each fiscal year to the State Personnel Board within thirty (30) days after the date of sine die adjournment of the regular legislative session. The State Personnel Board will then provide the salary funding levels to all agencies under their purview.

(b) The agency shall ensure that all personal services actions and payroll will not exceed the salary funding levels provided by the State Personnel Board. The State Personnel Board shall monitor the impact of personal services actions to ensure their projected cost will not exceed the salary funding levels.

(c) If an agency determines that the funding level is insufficient, the agency shall contact the State Personnel Board, the Legislative Budget Office and the State Fiscal Officer. The State Personnel Board shall have the authority to approve or deny any requests for revision of the salary funding levels, the State Fiscal Officer shall certify that funds are available for that purpose. The State Personnel Board shall provide notification of the approval or denial, and justification for the approval or denial shall be sent to the Chairmen of House and Senate Appropriations and the Legislative Budget Office.

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