SB 3069

MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Appropriations
By: Senator(s) Hopson, DeBar, Wiggins, Hickman, Sparks,
Turner-Ford
Senate Bill 3069
(As Sent to Governor)
AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE
MISSISSIPPI WORKERS' COMPENSATION COMMISSION FOR FISCAL YEAR 2027.
���� BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1.� The following sum, or so much thereof
as may be necessary, is hereby appropriated out of any money in the State
General Fund not otherwise appropriated, for the purpose of defraying the
expenses incurred by the Mississippi Workers' Compensation Commission for the
fiscal year beginning July 1, 2026, and ending
June 30, 2027 $���� 6,219,424.00.
SECTION 2.� The following sum, or so much thereof
as may be necessary, is hereby appropriated out of any money in the State
Treasury to the credit of the Second Injury Fund (Fund Number 3352300000) for
the purpose of making payments under the provisions of Section 71-3-73,
Mississippi Code of 1972, for the fiscal year beginning July 1, 2026,
and ending June 30, 2027...........................................
............................................ $�������
25,000.00.
���� SECTION
3.� Of the funds appropriated under the provisions of this act, not
more than the following amount of funds, with the exception of the provisions
in this section, shall be expended only for "Personal Services,"
which includes "Vacancy Funding," for the following authorized number
of employment headcount:
���� FUNDING:
��������� General Funds:��������������� $
5,055,251.00
��������� Special Funds:��������������� $��������
0.00
��������� Total Funds:����������������� $
5,055,251.00
���� PERSONAL SERVICES:
��������� Employee Salaries,
Wages and
��������� � Fringe Benefits:������������ $
4,832,641.00
��������� Progressions:���������������� $��������
0.00
��������� Vacancy Funding:������������� $��
222,610.00
��������� Total Personal Services:������ $
5,055,251.00
���� AUTHORIZED HEADCOUNT:
��������� Permanent:������������������ 54
��������� Time-Limited:���������������
0
���� As used in this section, the
term "Personal Services" shall mean funds provided under the major
object of expenditure category Personal Services for Salaries, Wages, and
Fringe Benefits.� Funds in this category shall not be transferred to any other
category.
���� It is the intention of the
Legislature to ensure compliance with the Variable Compensation Plan, as
outlined in Section 25-9-147, Mississippi Code of 1972.� Payment from these funds
shall be in accordance with the Variable Compensation Plan promulgated by the
Mississippi State Personnel Board.� It is the Legislature's intention that no
employee's salary falls below the minimum salary established by the Mississippi
State Personnel Board.
���� The State Personnel Board
shall determine and publish the projected annual cost of "Personal
Services" based on monthly and year-to-date payroll expenditures in
compliance with the provisions of this act.
���� With the funds herein
appropriated, it shall be the agency's responsibility to ensure that no single
personnel action or combination of personnel actions, when annualized, exceeds
the Fiscal Year 2027 appropriation for "Personal Services" with the
exception of escalated funds.� Further, it shall be the agency's responsibility
to ensure that funds required to be appropriated for "Personal
Services" for Fiscal Year 2028 do not exceed Fiscal Year 2027 funds
appropriated for that purpose unless programs or positions are added to the
agency's Fiscal Year 2027 budget by the Mississippi Legislature.
���� If, at the time the agency
takes any action to change "Personal Services," the State Personnel
Board determines that the agency has taken or will take an action that would
cause the agency to exceed the funds appropriated in this act when annualized
for Fiscal Year 2027 or increase the need for "Personal Services" for
Fiscal Year 2028, when annualized, the State Personnel Board shall process no
salary actions until such time as the requirements of the provisions of this
section are met with the exception of new hires determined to be essential for
the agency.
���� When used in this section,
"Vacancy Funding" shall mean funds included in the Total Personal
Services amount listed above and designated for approved vacancies in Fiscal
Year 2027.� These funds are to be utilized to increase the number of filled
headcounts that were authorized but unfilled as of the last day of Fiscal Year
2026.� If the agency fills additional headcounts after March 1, 2026, until the
end of Fiscal Year 2026, the amount of available Vacancy Funding may be
proportionally adjusted to reflect the updated number of filled headcounts.�
The agency shall be responsible for ensuring that "Vacancy Funding"
is used to increase headcounts and not for promotions, title changes, in-range
salary adjustments, or any other mechanism for increasing salaries for current
employees.
���� Any transfers or escalations
shall be made in accordance with the terms, conditions, and procedures
established by law or allowable under the terms set forth within this act.� The
State Personnel Board shall not escalate positions or increase the Personal
Services total without written approval from the Department of Finance and
Administration.� The Department of Finance and Administration shall not provide
written approval to escalate any funds for salaries and/or headcounts without
proof of availability of new or additional funds above the appropriated level.�
Unless specifically noted, all Fiscal Year 2026 escalated headcounts have been
accounted for and shall be converted to authorized time-limited headcounts.
���� No general funds authorized
to be expended herein shall be used to replace federal funds and/or other
special funds used for salaries authorized under the provisions of this act and
which are withdrawn and no longer available.
���� None of the funds herein
appropriated shall be used in violation of the Internal Revenue Service's
Publication 15-A relating to the reporting of income paid to contract
employees, as interpreted by the Office of the State Auditor.
���� If the agency's total
authorized headcount decreases from Fiscal Year 2026 to Fiscal Year 2027, it
will be the agency's discretion as to what headcounts are removed.
���� SECTION 4.  Of
the funds provided in Section 1, and as outlined in Section 71-3-85,
Mississippi Code of 1972, the following salaries are provided for the following
positions:
���� Workers' Compensation
Commission Chairman - $132,460.99.
���� Workers' Compensation
Commission Member - $128,057.41.
���� Administrative Law Judge -
$123,184.36.
���� Workers' Compensation
Commission Executive Director - ���������� ���� $123,184.36.
���� SECTION 5.� It is the
intention of the Legislature that the Mississippi Workers' Compensation
Commission shall maintain complete accounting and personnel records related to
the expenditure of all funds appropriated under this act and that such records
shall be in the same format and level of detail as maintained for Fiscal Year
2026.� It is further the intention of the Legislature that the agency's budget
request for Fiscal Year 2028 shall be submitted to the Joint Legislative Budget
Committee in a format and level of detail comparable to the format and level of
detail provided during the Fiscal Year 2027 budget request process.
���� SECTION 6.� It is the
intention of the Legislature that with the funds appropriated in Section 1 of
this act, the Mississippi Workers' Compensation Commission shall enter into a
contract with the industrial private sector for the purpose of implementing a
safety education and training program.
���� SECTION 7.� In
compliance with the "Mississippi Performance Budget and Strategic Planning
Act of 1994," it is the intent of the Legislature that the funds provided
herein shall be utilized in the most efficient and effective manner possible to
achieve the intended mission of this agency.� Based on the funding authorized,
this agency shall make every effort to attain the targeted performance measures
provided below:
��������������������������������������������������������� FY2027
Performance Measures�������������������������������������� Target
Adjudication
���� Number of Open Claims�������������������������������� 58,000
���� Number of Cases Resolved at
the
��������� Administrative or
Commission Level
��������� within 3 Months������������������������������������ 900
���� Number of Cases Resolved at
the
��������� Administrative or
Commission Level
��������� within 6 Months������������������������������������ 950
���� Number of Cases Resolved at
the
��������� Administrative or
Commission Level
��������� within 9 Months������������������������������������ 900
���� Number of Cases Resolved at
the
��������� Administrative or
Commission Level
��������� within 1 Year�������������������������������������� 900
Self-insurance
���� Percent of Individual Self-Insurers
��������� Reviewed in the Past
Fiscal Year����������������� 34.00
���� Percent of Individual Self-Insurer
��������� Reviews Conducted in
the Past Fiscal
��������� Year Showing That
Reserves are
��������� Insufficient to Cover
Claims���������������������� 5.00
���� Percent of Self-Insurance
Groups Reviewed������������� 100.00
���� Percent of Self-Insurance
Group Reviews
��������� Conducted Showing That
Reserves are
��������� Insufficient to Cover
Claims���������������������� 0.00
Medical Cost Containment
���� Fee Schedule Adjustments
(Cost in Millions)������������ 35.00
���� Medical Cost Savings to
Payers (as a %
��������� of Total Billings)������������������������������� 46.00
���� A reporting of the
degree to which the performance targets set above have been or are being
achieved shall be provided in the agency's budget request submitted to the
Joint Legislative Budget Committee for Fiscal Year 2028.
���� SECTION 8.� It is the
intention of the Legislature that whenever two (2) or more bids are received by
this agency for the purchase of commodities or equipment, and whenever all
things stated in such received bids are equal with respect to price, quality
and service, the Mississippi Industries for the Blind shall be given
preference.� A similar preference shall be given to the Mississippi Industries
for the Blind whenever purchases are made without competitive bids.
SECTION 9. �It is the intention of the Legislature
that the salary of the Workers' Compensation Commission members shall be equal
and the salary of the commission chairman shall exceed these salaries as
approved by the State Personnel Board.
���� SECTION 10.� It is
the intention of the Legislature that the funds herein appropriated shall be
expended in compliance with Section 27-104-25, Mississippi Code of 1972, that
no state agency shall incur obligations or indebtedness in excess of their
appropriation and that the responsible officers, either personally or upon
their official bonds, shall be held responsible for actions contrary to this
provision.
���� SECTION
11.� The money herein appropriated shall be paid by the State Treasurer
out of any money in the State Treasury to the credit of the proper fund or
funds as set forth in this act, upon warrants issued by the State Fiscal
Officer; and the State Fiscal Officer shall issue his warrants upon
requisitions signed by the proper person, officer or officers, in the manner
provided by law.
���� SECTION 12.� This act
shall take effect and be in force from and after July 1, 2026.