MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Fees and Salaries of Public Officers; Appropriations

By: Representative Bowles

AN ACT TO AMEND SECTION 25-3-33, MISSISSIPPI CODE OF 1972, TO REQUIRE STATE AGENCY DIRECTORS AND ADMINISTRATIVE HEADS TO BE PAID ONLY FROM FUNDS APPROPRIATED BY THE STATE LEGISLATURE; TO AMEND SECTION 25-3-37, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE EXECUTIVE DIRECTORS AND ADMINISTRATIVE HEADS OF STATE AGENCIES FROM RECEIVING SUPPLEMENTAL INCOME FROM ANY SOURCE OTHER THAN APPROPRIATIONS BY THE STATE LEGISLATURE; TO AMEND SECTION 25-3-38, MISSISSIPPI CODE OF 1972, TO PRESCRIBE PENALTIES FOR PERSONS RECEIVING AND OFFERING FUNDS IN VIOLATION OF THIS ACT; AND FOR RELATED PURPOSES.  

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

SECTION 1. Section 25-3-33, Mississippi Code of 1972, is amended as follows:

25-3-33. The annual salaries of the following appointive state and district officials and employees shall not be supplemented by any fee, grant, donation or income from private sources and are * * * fixed as follows:

Deputy Attorney General, not to exceed............$57,200.00

Assistant Attorneys General shall each receive

annual salaries in an amount to be

fixed by the Attorney General but

not to exceed................................ 52,800.00

Military Department - National Guard:

Adjutant General............................. 50,400.00

Department of Banking and Consumer Finance:

Commissioner................................. 59,200.00

Commissioner of Savings Associations.............. 45,600.00

Chairman of the State Tax Commission

(Commissioner of Revenue)...................... 70,000.00

Associate Commissioners, each................ 38,400.00

Director of Emergency Management Agency........... 43,600.00

Highway Safety Patrol:

Commissioner of Public Safety................ 58,000.00

Chief of Highway Patrol...................... 49,600.00

Department of Human Services:

Director, not to exceed...................... 75,421.00

Workers' Compensation Commission:

Members, each................................ 64,000.00

Executive Director........................... 56,600.00

Administrative Judge, each................... 52,800.00

Archives and History:

Director, not to exceed...................... 58,000.00

State Forester.................................... 60,200.00

State Oil and Gas Board:

Secretary-Supervisor......................... 61,600.00

Educational Television Authority:

Executive Director........................... 58,000.00

Director, Mississippi Library Commission,

not to exceed................................ 58,000.00

Executive Secretary, Public

Service Commission........................... 43,600.00

Parole Board:

Chairman..................................... 46,000.00

Administrative Assistant for Parole Matters.. 39,600.00

Members, each................................ 43,000.00

Governor's Office-Federal State Programs:

Coordinator Federal State Programs........... 55,440.00

Governor's State Bond Advisory Division:

Director..................................... 46,200.00

Employment Security Commission:

Executive Director, not to exceed............ 61,600.00

Executive Director, Department of Mental Health,

to be determined by the State Board of

Mental Health, not to exceed................. 72,300.00

Director, Division of Medicaid,

not to exceed................................ 66,000.00

Director, State Department of Transportation,

not to exceed................................ 80,125.44

State Entomologist................................ 52,800.00

Clerk of the Supreme Court........................ 47,200.00

State Aid Engineer, Division of

State Aid Road Construction.................. 59,346.00

Executive Director, Judicial Performance

Commission................................... 51,156.00

Executive Director, Department of Finance

and Administration........................... 75,760.00

Superintendent, Mississippi School for

the Blind, to be determined by the State Board

of Education, not to exceed.................. 60,000.00

Superintendent, Mississippi School for

the Deaf, to be determined by the State Board of

Education, not to exceed..................... 60,000.00

Executive Director, State Fair Commission......... 49,599.00

Executive Director, Department of Wildlife,

Fisheries and Parks.......................... 71,005.00

Executive Director, Department of

Environmental Quality........................ 71,005.00

Executive Director, Pat Harrison

Waterway District............................ 53,714.00

Executive Director, Pearl River Basin

Development District......................... 51,703.00

Executive Director, Pearl River Valley

Water Supply District........................ 60,836.00

Executive Director, Tombigbee River Valley

Water Management District.................... 52,208.00

Director, Soil and Water Conservation

Commission................................... 40,470.00

Commissioner, Mississippi Department of

Corrections.................................. 68,572.00

Executive Director, State Central Data

Processing Authority......................... 77,294.00

Executive Director, Mississippi Industries

for the Blind................................ 53,109.00

Director, Mississippi Bureau of Narcotics......... 49,121.00

Executive Secretary, State Veterans

Affairs Board................................ 44,723.00

Executive Officer, Veterans' Home

Purchase Board............................... 51,427.00

Chief Administrative Officer,

Motor Vehicle Commission..................... 52,179.00

Stadium Manager, Mississippi Veterans

Memorial Stadium............................. 49,152.00

Executive Director, Mississippi Arts Commission... 44,287.00

SECTION 2. Section 25-3-37, Mississippi Code of 1972, is amended as follows:

25-3-37. (1) It is expressly provided that the salaries fixed in Sections 25-3-31 through 25-3-35 shall be the full and complete compensation for all public duties rendered by all public officers and public employees designated therein whatever the source of funds, whether appropriated from the State General Fund or allotted from federal funds received by the respective state agencies where such officers and employees are employed. The annual salaries of the executive directors and head administrators of state agencies shall not exceed those amounts fixed in Section 25-3-33, and no executive director or head administrator of a state agency shall be paid or receive compensation, salary, fee, grant, donation or income from private sources to supplement his or her annual salary. All laws, parts of laws, regulations, or other authority which may have heretofore provided supplemental compensation or expenses of which no itemization therefor was made to the Executive Director of the Department of Finance and Administration are hereby invalidated and held for naught.

(2) In the event the Commissioner of Public Safety and the highway patrol chief are entitled to longevity pay as provided by law, this section shall not be construed to prohibit the payment thereof.

(3) This section shall not be construed to affect employees of the Mississippi State Penitentiary, the Department of Mental Health and the Governor as pertains to housing, medical care, wholesale food purchases, and other financial benefits or emoluments as pertains to their state employment.

SECTION 3. Section 25-3-38, Mississippi Code of 1972, is amended as follows:

25-3-38. (1) The salary for each appointive and * * * employed official established in this chapter shall be the total and complete salary, and it shall be unlawful for any additional funds to be paid from any source, including federal or private funds, to supplement any salary to a level in excess of that established. If any public officer or employee shall knowingly and wilfully violate * * * this section, he shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than Two Hundred Fifty Dollars ($250.00). * * * In addition, any public officer, executive director or head administrator of an agency of the state who receives any compensation, salary, fee, grant, donation or income from any private source in addition to his or her annual salary shall be in violation of this section and removed from office or employment by the Governor upon ten (10) days' notice of the violation.

(2) Any person who donates, pays or attempts to pay any public officer, head administrator or executive director of any agency of the state any monies in violation of this section shall be guilty of a felony and, upon conviction, that person shall be punished by imprisonment in the State Penitentiary for a period of not less than one (1) year nor more than three (3) years and fined not less than One Thousand Dollars ($1,000.00) nor more than Three Thousand Dollars ($3,000.00).

SECTION 4. This act shall take effect and be in force from and after July 1, 1997.