MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Fees and Salaries of Public Officers; Appropriations

By: Representatives Green (96th), Bozeman

House Bill 1032

(As Sent to Governor)

AN ACT TO AMEND SECTION 25-3-31, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF THE ELECTED STATE AND DISTRICT OFFICIALS; TO AMEND SECTION 25-3-33, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF CERTAIN APPOINTED STATE AND DISTRICT OFFICIALS; TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF THE ELECTED JUDICIARY AND DISTRICT ATTORNEYS; TO REPEAL SECTION 25-3-32, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE SALARIES OF DISTRICT ATTORNEYS; TO AMEND SECTION 25-31-5, MISSISSIPPI CODE OF 1972, TO DELETE THE SALARY OF FULL-TIME LEGAL ASSISTANTS FROM THE SECTION AUTHORIZING SUCH POSITIONS; TO AMEND SECTIONS 5-1-41 AND 5-1-43, MISSISSIPPI CODE OF 1972, TO INCREASE THE COMPENSATION AND EXPENSE ALLOWANCE FOR LEGISLATORS AND TO AUTHORIZE AN INCREASE IN THE COMPENSATION OF THE LIEUTENANT GOVERNOR AND SPEAKER; TO AMEND SECTION 5-1-45, MISSISSIPPI CODE OF 1972, TO ESTABLISH A SALARY FOR THE PRESIDENT PRO TEMPORE OF THE SENATE; TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 5-1-46, MISSISSIPPI CODE OF 1972, TO ESTABLISH A SALARY FOR THE HOUSE SPEAKER PRO TEMPORE; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 25-3-31, Mississippi Code of 1972, is amended as follows:

[Until January 1, 2000, Section 25-3-31 will read as follows:]

25-3-31. The annual salaries of the following elected state and district officers are * * * fixed as follows:

Governor $83,160.00

Attorney General 90,800.00

Secretary of State 75,000.00

Commissioner of Insurance 75,000.00

State Treasurer 75,000.00

State Auditor of Public Accounts 75,000.00

Commissioner of Agriculture and Commerce 75,000.00

Transportation Commissioners 65,000.00

Public Service Commissioners 65,000.00

The * * * salary of the Governor fixed below for January 1, 2000, shall be the reference amount utilized in computing average compensation and earned compensation pursuant to Section 25-11-103(f) and Section 25-11-103(k), and to related sections which require such computations.

[From and after January 1, 2000, Section 25-3-31 will read as follows:]

25-3-31. The annual salaries of the following elected state and district officers are * * * fixed as follows:

Governor $101,800.00

Attorney General 90,800.00

Secretary of State 75,000.00

Commissioner of Insurance 75,000.00

State Treasurer 75,000.00

State Auditor of Public Accounts 75,000.00

Commissioner of Agriculture and Commerce 75,000.00

Transportation Commissioners 65,000.00

Public Service Commissioners 65,000.00

The above fixed salary of the Governor * * * shall be the reference amount utilized in computing average compensation and earned compensation pursuant to Section 25-11-103(f) and Section 25-11-103(k) and to related sections which require such computations.

SECTION 2. 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 are * * * fixed as follows:

Deputy Attorney General, not to exceed $72,800.00

Assistant Attorneys General shall each

receive annual salaries in an amount

to be fixed by the Attorney General

but not to exceed 68,400.00

Military Department--National Guard:

Adjutant General 80,000.00

Department of Banking and Consumer Finance:

Commissioner 85,000.00

 * * *

Chairman of the State Tax Commission

(Commissioner of Revenue) 91,000.00

Associate Commissioners, each 42,000.00

Director of Emergency Management Agency 65,000.00

Department of Public Safety:

Commissioner of Public Safety 80,000.00

Director, Office of Mississippi

Highway Safety Patrol, or his successor 70,000.00

Director, Office of Support Services,

or his successor 70,000.00

Department of Human Services:

Director, not to exceed 85,000.00

Workers' Compensation Commission:

Chairman 80,000.00

Members, each 78,000.00

Executive Director 75,000.00

Administrative Judge, each 75,000.00

Archives and History:

Director, not to exceed 70,000.00

State Forester 70,000.00

State Oil and Gas Board:

Secretary-Supervisor 70,000.00

Educational Television Authority:

Executive Director 70,000.00

Director, Mississippi Library Commission,

not to exceed 70,000.00

Executive Secretary, Public Service

Commission 65,000.00

Parole Board:

Chairman 50,000.00

Administrative Assistant for

Parole Matters 42,000.00

Members, each 44,000.00

 * * *

Governor's State Bond Advisory Division:

Director 55,000.00

Employment Security Commission:

Executive Director, not to exceed 70,000.00

Executive Director, Department of

Mental Health, to be determined by the

State Board of Mental Health, not to

exceed 85,000.00

Director, Division of Medicaid,

not to exceed 85,000.00

Director, State Department of Transportation,

not to exceed 85,000.00

State Entomologist 65,000.00

Clerk of the Supreme Court 60,000.00

State Aid Engineer, Division of State

Aid Road Construction 70,000.00

Executive Director, Judicial Performance

Commission 65,000.00

Executive Director, Department of Finance

and Administration 85,000.00

Superintendent, Mississippi School for the

Blind, to be determined by the State Board

of Education, not to exceed 65,000.00

Superintendent, Mississippi School for the Deaf,

to be determined by the State Board

of Education, not to exceed 65,000.00

Executive Director, State Fair Commission 65,000.00

Executive Director, Department of Wildlife,

Fisheries and Parks 80,000.00

Executive Director, Department of Environmental

Quality 85,000.00

Executive Director, Pat Harrison Waterway

District 65,000.00

Executive Director, Pearl River Basin

Development District 61,000.00

Executive Director, Pearl River Valley Water

Supply District 61,000.00

Executive Director, Tombigbee River Valley

Water Management District 61,000.00

Director, Soil and Water Conservation

Commission 60,000.00

Commissioner, Mississippi Department of

Corrections 85,000.00

Executive Director, Mississippi Department of

Information Technology Services 85,000.00

Executive Director, Mississippi Industries

for the Blind 60,000.00

Director, Mississippi Bureau of Narcotics 60,000.00

Executive Secretary, State Veterans Affairs

Board 55,000.00

Executive Officer, Veterans' Home Purchase

Board 65,000.00

Chief Administrative Officer, Motor Vehicle

Commission 55,000.00

Stadium Manager, Mississippi Veterans

Memorial Stadium 55,000.00

Executive Director, Mississippi Arts

Commission 55,000.00

Director, Mississippi Board of Nursing 60,000.00

Director, State Board of Pharmacy 60,000.00

Director, State Board of Public Contractors 50,000.00

Director, Real Estate Commission 55,000.00

Director of Support Services, Department

of Rehabilitation Services 80,000.00

Executive Director, Department of

Economic and Community Development 85,000.00

Executive Director, State Fire Academy 55,000.00

Executive Director, Law Enforcement

Officers Training Academy 50,000.00

Executive Director, State Board of

Accountancy 60,000.00

Executive Director, Mississippi

Gaming Commission 90,000.00

Executive Director, Mississippi

Department of Marine Resources 70,000.00

Executive Director, State Board of

Registration for Professional

Engineers and Land Surveyors 55,000.00

Executive Director, Public Utilities

Staff 85,000.00

State Law Librarian 60,000.00

State Personnel Director 75,000.00

Manager, Farmers Central Market,

Department of Agriculture and

Commerce 40,000.00

State Veterinarian 70,000.00

Executive Director, Mississippi Ethics

Commission 70,000.00

 * * *

  SECTION 3. Section 25-3-35, Mississippi Code of 1972, is amended as follows:

25-3-35. (1) The annual salaries of the following judges are * * * fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:

Chief Justice of the Supreme Court $100,900.00

Presiding Justice of the Supreme Court 98,900.00

Associate Justices of the Supreme Court, each 98,300.00

However, in addition to their present official duties, there are * * * imposed upon the Supreme Court Justices the extra duties of making a special study of existing laws and reporting to each regular session of the Legislature such constructive suggestions as they may deem necessary for the improvement of the administration of justice, and of advising and counseling with the State Librarian in the selection of law books for purchase and use in the State Law Library, advising with the librarian thereof upon the removal from the library of any books which may be the least frequently used, and for the placing of same in a convenient location so as to provide additional space for such books and other current publications which may be more frequently used or called for. For such extra services each justice, from and after the effective date of House Bill No. 1032, 1997 Regular Session, shall receive a sum sufficient when added to the present salaries of the justices to aggregate One Hundred Thousand Nine Hundred Dollars ($100,900.00) for the Chief Justice, Ninety-eight Thousand Nine Hundred Dollars ($98,900.00) for the Presiding Justice, and Ninety-eight Thousand Three Hundred Dollars ($98,300.00) for Associate Justices, per annum. As each existing term expires and the above-captioned salaries become effective in due course, the extra duties and compensation provided for shall cease.

(2) The annual salaries of the judges of the Court of Appeals of Mississippi are * * * fixed as follows:

Chief Judge of the Court of Appeals $94,300.00

Associate Judges of the Court of Appeals

each 91,500.00

(3) The annual salaries of the chancery and circuit court judges are * * * fixed as follows:

Chancery Judges, each $88,700.00

Circuit Judges, each 88,700.00

 * * * In addition to their present official duties, there are * * * imposed upon the chancery and circuit court judges the extra duties of making a special study of existing laws relating to trial courts and reporting to the Supreme Court of the State of Mississippi such constructive suggestions as they may deem necessary for the improvement of the administration of justice, which shall be recommended to the Legislature by the Supreme Court in the manner provided by law. The judges shall advise and supervise in the purchase of law books for the libraries of each district, and shall study and evaluate the inventory of books and facilities now existing in the libraries of each district to effect the removal and relocation of obsolete publications so as to provide additional space for those books and current publications more frequently used. The judges shall study the existing rules promulgated by the circuit and chancery court judicial associations governing the operation of chancery and circuit courts, and revise the same pursuant to existing laws. For such extra services each judge, from and after the effective date of House Bill No. 1032, 1997 Regular Session, shall receive a sum sufficient when added to the present salaries of the judges to aggregate Eighty-eight Thousand Seven Hundred Dollars ($88,700.00) per annum for each judge. Upon the expiration of the existing term, the above-captioned salaries become effective in due course, and the extra duties and compensation provided for shall cease.

(4) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.

(5) The annual salary of the full-time district attorneys shall be Seventy-nine Thousand Eight Hundred Thirty Dollars ($79,830.00).

(6) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than Sixty-seven Thousand Five Hundred Dollars ($67,500.00), as established by the district attorney.

SECTION 4. Section 25-3-32, Mississippi Code of 1972, which provides for the salaries of district attorneys, is hereby repealed.

SECTION 5. Section 25-31-5, Mississippi Code of 1972, is amended as follows:

25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:

(a) First Circuit Court

District.............seven (7) legal assistants.

(b) Second Circuit Court

District.............eight (8) legal assistants.

(c) Third Circuit Court

District.............four (4) legal assistants.

(d) Fourth Circuit Court

District.............five (5) legal assistants.

(e) Fifth Circuit Court

District.............four (4) legal assistants.

(f) Sixth Circuit Court

District.............two (2) legal assistants.

(g) Seventh Circuit Court

District.............nine (9) legal assistants.

(h) Eighth Circuit Court

District.............two (2) legal assistants.

(i) Ninth Circuit Court

District.............two (2) legal assistants.

(j) Tenth Circuit Court

District.............four (4) legal assistants.

(k) Eleventh Circuit Court

District.............five (5) legal assistants.

(l) Twelfth Circuit Court

District.............three (3) legal assistants.

(m) Thirteenth Circuit Court

District.............two (2) legal assistants.

(n) Fourteenth Circuit Court

District.............three (3) legal assistants.

(o) Fifteenth Circuit Court

District.............four (4) legal assistants.

(p) Sixteenth Circuit Court

District.............four (4) legal assistants.

(q) Seventeenth Circuit Court

District.............five (5) legal assistants.

(r) Eighteenth Circuit Court

District.............two (2) legal assistants.

(s) Nineteenth Circuit Court

District.............four (4) legal assistants.

(t) Twentieth Circuit Court

District.............four (4) legal assistants.

(u) Twenty-first Circuit Court

District.............two (2) legal assistants.

(v) Twenty-second Circuit Court

District.............two (2) legal assistants.

(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:

(a) First Circuit Court

District.............two (2) legal assistants.

(b) Second Circuit Court

District.............two (2) legal assistants.

(c) Third Circuit Court

District.............two (2) legal assistants.

(d) Fourth Circuit Court

District.............two (2) legal assistants.

(e) Fifth Circuit Court

District.............two (2) legal assistants.

(f) Sixth Circuit Court

District.............two (2) legal assistants.

(g) Seventh Circuit Court

District.............two (2) legal assistants.

(h) Eighth Circuit Court

District.............two (2) legal assistants.

(i) Ninth Circuit Court

District.............two (2) legal assistants.

(j) Tenth Circuit Court

District.............two (2) legal assistants.

(k) Eleventh Circuit Court

District.............two (2) legal assistants.

(l) Twelfth Circuit Court

District.............two (2) legal assistants.

(m) Thirteenth Circuit Court

District.............two (2) legal assistants.

(n) Fourteenth Circuit Court

District.............two (2) legal assistants.

(o) Fifteenth Circuit Court

District.............two (2) legal assistants.

(p) Sixteenth Circuit Court

District.............two (2) legal assistants.

(q) Seventeenth Circuit Court

District.............two (2) legal assistants.

(r) Eighteenth Circuit Court

District.............two (2) legal assistants.

(s) Nineteenth Circuit Court

District.............two (2) legal assistants.

(t) Twentieth Circuit Court

District.............two (2) legal assistants.

(u) Twenty-first Circuit Court

District.............two (2) legal assistants.

(v) Twenty-second Circuit Court

District.............two (2) legal assistants.

(3) The board of supervisors of any county is hereby authorized and empowered, in its discretion, to pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.

 * * *

SECTION 6. Section 5-1-41, Mississippi Code of 1972, is amended as follows:

[Until December 31, 1999, this section shall read as follows:]

5-1-41. Beginning with the 1986 Regular Session of the Legislature of the State of Mississippi, each Senator and Representative of the Legislature shall receive as compensation at each regular session the sum of Ten Thousand Dollars ($10,000.00) and the mileage allowance provided by Section 25-3-41, for each mile of the distance by the most direct route usually traveled in coming to and returning from the place where the Legislature sits. Beginning on April 16, 1997, each Senator and Representative shall receive for attending each extraordinary session or called session the sum of Seventy-five Dollars ($75.00) per day and mileage at the same rate as per regular session. In addition to the above, beginning on April 16, 1997, each Senator and Representative shall receive the sum of One Thousand Five Hundred Dollars ($1,500.00) per month for expenses incidental to his office for every full month of his term, except any month or major fraction thereof when the Legislature is convened in regular or extraordinary session; and payments shall be made to each Senator and Representative by the State Treasurer between the first and tenth day of each month following the month for which the payments are due. However, no Senator or Representative may receive the increase in the expense allowance established under this section as provided for in House Bill No. 1032, 1997 Regular Session, unless the Senator or Representative signs and files a written request for the increase with the Secretary of the Senate or the Clerk of the House of Representatives before July 1, 1997.

[From and after January 1, 2000, this section shall read as follows:]

5-1-41. Beginning with the 1986 Regular Session of the Legislature of the State of Mississippi, each Senator and Representative of the Legislature shall receive as compensation at each regular session the sum of Ten Thousand Dollars ($10,000.00) and the mileage allowance provided by Section 25-3-41, for each mile of the distance by the most direct route usually traveled in coming to and returning from the place where the Legislature sits. Beginning on April 16, 1997, each Senator and Representative shall receive for attending each extraordinary session or called session the sum of Seventy-five Dollars ($75.00) per day and mileage at the same rate as per regular session. In addition to the above, beginning on April 16, 1997, each Senator and Representative and the Lieutenant Governor shall receive the sum of One Thousand Five Hundred Dollars ($1,500.00) per month for expenses incidental to his office for every full month of his term, except any month or major fraction thereof when the Legislature is convened in regular or extraordinary session; and payments shall be made to each Senator and Representative and the Lieutenant Governor by the State Treasurer between the first and tenth day of each month following the month for which the payments are due. However, no Senator, Representative or the Lieutenant Governor may receive the increase in the expense allowance established under this section as provided for in House Bill No. 1032, 1997 Regular Session, unless the Senator, Representative or the Lieutenant Governor signs and files a written request for the increase with the Secretary of the Senate or the Clerk of the House of Representatives before July 1, 1997. In the event the Lieutenant Governor serving on the effective date of House Bill No. 1032, 1997 Regular Session, shall be re-elected for the term beginning in the year 2000, he shall not be eligible to receive the out-of-session monthly expense allowance authorized under this section.

SECTION 7. Section 5-1-43, Mississippi Code of 1972, is amended as follows:

[Until December 31, 1999, this section shall read as follows:]

5-1-43. (1) The salary of the Lieutenant Governor shall be Forty Thousand Eight Hundred Dollars ($40,800.00) and the salary of the Speaker of the House of Representatives shall be Sixty Thousand Dollars ($60,000.00) annually, and they shall receive for attending each extraordinary or called session the same compensation and mileage as is provided for members of the Legislature.

(2) * * * On the first day of each month * * *, the Lieutenant Governor and the Speaker of the House of Representatives shall receive in twelve (12) equal monthly installments the compensation provided for pursuant to subsection (1) of this section.

[From and after January 1, 2000, this section shall read as follows:]

5-1-43. (1) The salary of the Lieutenant Governor * * * and of the Speaker of the House of Representatives shall be Sixty Thousand Dollars ($60,000.00) annually, and they shall receive for attending each extraordinary or called session the same compensation and mileage as is provided for members of the Legislature. However, in the event the Lieutenant Governor serving on the effective date of House Bill No. 1032, 1997 Regular Session, shall be re-elected for the term beginning in the year 2000, he shall continue to receive an annual salary of Forty Thousand Eight Hundred Dollars ($40,800.00).

(2) On the first day of each month, the Lieutenant Governor and the Speaker of the House of Representatives shall receive in twelve (12) equal monthly installments the compensation provided for pursuant to subsection (1) of this section.

SECTION 8. Section 5-1-45, Mississippi Code of 1972, is amended as follows:

5-1-45. Beginning on the effective date of House Bill No. 1032, 1997 Regular Session, the President Pro Tempore of the Senate shall receive an annual salary in an amount equal to Fifteen Thousand Dollars ($15,000.00). The salary provided for the President Pro Tempore under this section shall be in addition to the compensation and expense allowance established for members of the Legislature under Section 5-1-41.

SECTION 9. The following shall be codified as Section 5-1-46, Mississippi Code of 1972:

5-1-46. Beginning on the effective date of House Bill No. 1032, 1997 Regular Session, the Speaker Pro Tempore of the House of Representatives shall receive an annual salary in an amount equal to Fifteen Thousand Dollars ($15,000.00). The salary provided for the Speaker Pro Tempore under this section shall be in addition to the compensation and expense allowance established for members of the Legislature under Section 5-1-41.

SECTION 10. The Attorney General of the State of Mississippi is hereby directed to submit Sections 1 and 3 through 9 of this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 11. Sections 1 and 3 through 5 of this act shall take effect and be in force from and after July 1, 1997, if they are effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended; if they are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after July 1, 1997, Sections 1 and 3 through 5 of this act shall take effect and be in force from and after the date they are respectively effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended. Section 2 of this act shall take effect and be in force from and after July 1, 1997. Sections 6, 8 and 9 of this act shall take effect and be in force from and after the date they are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended. Section 7 of this act shall take effect and be in force from and after January 1, 1998, if it is effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended; if it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after January 1, 1998, Section 7 of this act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.