MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Fees, Salaries and Administration; Appropriations

By: Senator(s) Dearing

Senate Bill 2015

AN ACT RELATING TO STATUTORY SALARIES OF STATE AND LOCAL PUBLIC OFFICIALS; TO AMEND SECTIONS 9-1-36 AND 9-17-1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ACCRUAL OF LEAVE BY COURT ADMINISTRATORS, TO PROVIDE FOR MINIMUM QUALIFICATIONS AND SALARY LEVELS FOR COURT ADMINISTRATORS BASED ON YEARS OF EXPERIENCE AND TO PROVIDE FOR THE APPOINTMENT OF ONE STATE-FUNDED COURT ADMINISTRATOR PER DISTRICT FROM AND AFTER JULY 1, 1998; TO AMEND SECTION 9-13-19, MISSISSIPPI CODE OF 1972, TO PRESCRIBE SALARY LEVELS FOR ALL COURT REPORTERS BASED ON YEARS OF EXPERIENCE, TO PROVIDE FOR ACCRUAL OF LEAVE BY COURT REPORTERS, TO CLARIFY THE COMPENSATION PAID TO COURT REPORTERS AND TO PROVIDE THAT ALL COURT REPORTERS SHALL BE CONSIDERED EMPLOYEES OF THE ADMINISTRATIVE OFFICE OF COURTS FOR ADMINISTRATIVE AND BENEFIT PURPOSES AFTER OCTOBER 1, 1995; TO AMEND SECTION 9-19-5, MISSISSIPPI CODE OF 1972, TO PROVIDE PER DIEM COMPENSATION FOR CERTAIN MEMBERS OF THE COMMISSION ON JUDICIAL PERFORMANCE; TO AMEND SECTION 19-25-21, MISSISSIPPI CODE OF 1972, TO INCREASE THE MINIMUM NUMBER OF DEPUTY SHERIFFS HAVING LAW ENFORCEMENT DUTIES WHICH MUST BE EMPLOYED IN COUNTIES ACCORDING TO POPULATION; TO AMEND SECTION 19-25-31, MISSISSIPPI CODE OF 1972, TO INCREASE THE PER DIEM COMPENSATION OF RIDING BAILIFFS SERVING THE RESPECTIVE TRIAL COURTS; TO AMEND SECTION 23-15-225, MISSISSIPPI CODE OF 1972, TO AUTHORIZE INCREASES IN THE ANNUAL SALARY OF THE COUNTY REGISTRAR IN THE DISCRETION OF THE BOARD OF SUPERVISORS; TO AMEND SECTIONS 25-3-3 AND 25-3-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE INCREASES IN THE SALARIES OF TAX ASSESSOR/COLLECTORS IN THE DISCRETION OF THE BOARD OF SUPERVISORS AND TO PROVIDE CONDITIONS FOR CERTAIN SALARY SUPPLEMENTS AUTHORIZED FOR TAX ASSESSORS AND TAX COLLECTORS; TO AMEND SECTION 25-3-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE INCREASES IN SALARY LEVELS FOR SUPERVISORS IN THE DISCRETION OF THE BOARD OF SUPERVISORS; TO AMEND SECTION 25-3-25, MISSISSIPPI CODE OF 1972, TO AUTHORIZE INCREASES IN SALARY LEVELS FOR SHERIFFS IN THE DISCRETION OF THE BOARD OF SUPERVISORS; TO AMEND SECTION 25-3-31, MISSISSIPPI CODE OF 1972, TO PRESCRIBE STATUTORY SALARIES FOR ELECTED STATE AND DISTRICT OFFICIALS, LEGISLATORS, THE LIEUTENANT GOVERNOR AND SPEAKER OF THE HOUSE OF REPRESENTATIVES; TO REPEAL SECTIONS 5-1-43 AND 5-1-45, MISSISSIPPI CODE OF 1972, WHICH PROVIDE STATUTORY SALARIES FOR THE LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE; TO AMEND SECTIONS 5-1-41, 25-3-37 AND 25-3-39, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 25-3-33, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF CERTAIN APPOINTED STATE OFFICIALS; TO AMEND SECTION 25-3-36, MISSISSIPPI CODE OF 1972, TO AUTHORIZE INCREASES IN THE COMPENSATION FOR JUSTICE COURT JUDGES IN THE DISCRETION OF THE BOARD OF SUPERVISORS AND CLARIFY THAT SALARY INCREASES AUTHORIZED IN 1993 BY THE LEGISLATURE ARE FULLY APPLICABLE TO CERTAIN JUSTICE COURT JUDGES; TO AMEND SECTION 5-1-51, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MEMBERS OF THE LEGISLATURE TO RECEIVE THEIR SALARY IN 12 EQUAL INSTALLMENTS; TO AMEND SECTIONS 25-11-15, 31-25-107, 37-135-15, 49-15-103, 55-17-3, 57-33-3 AND 83-36-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE PER DIEM COMPENSATION AND AN EXPENSE ALLOWANCE FOR LEGISLATIVE MEMBERS OF CERTAIN BOARDS AND COMMISSIONS; TO AMEND SECTION 31-11-3, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE TO APPOINT MEMBERS OF THE LEGISLATURE TO SERVE AS LIAISONS BETWEEN THE LEGISLATURE AND THE DEPARTMENT OF FINANCE AND ADMINISTRATION WITH RESPECT TO THE EXECUTION BY SUCH DEPARTMENT OF ITS CONSTRUCTION PROJECT DUTIES CONSISTENT WITH LEGISLATIVE INTENT; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 9-1-36, Mississippi Code of 1972, is amended as follows:

9-1-36. (1) Each circuit judge and chancellor shall receive an office operating allowance for the expenses of operating the office of such judge, including retaining a law clerk, legal research, stenographic help, stationery, stamps, furniture, office equipment, telephone, office rent and other items and expenditures necessary and incident to maintaining the office of judge. Such allowance shall be paid only to the extent of actual expenses incurred by any such judge as itemized and certified by such judge to the Supreme Court and then in an amount of not more than Four Thousand Dollars ($4,000.00) per annum; however, such judge may expend sums in excess thereof from the compensation otherwise provided for his office. No part of this expense or allowance shall be used to pay an official court reporter for services rendered to said court.

(2) In addition to the amounts provided for in subsection (1), there is hereby created a separate office allowance fund for the purpose of providing support staff to judges. This fund shall be managed by the Administrative Office of Courts.

(3) Each judge who desires to employ support staff after July 1, 1994, shall make application to the Administrative Office of Courts by submitting to the Administrative Office of Courts a proposed personnel plan setting forth what support staff is deemed necessary. Such plan may be submitted by a single judge or by any combination of judges desiring to share support staff. In the process of the preparation of the plan, the judges, at their request, may receive advice, suggestions, recommendations and other assistance from the Administrative Office of Courts. The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan which does not first require the expenditure of the funds in the support staff fund for compensation of any of the support staff before expenditure is authorized of county funds for that purpose. Upon approval by the Administrative Office of Courts, the judge or judges may appoint the employees to the position or positions, and each employee so appointed will work at the will and pleasure of the judge or judges who appointed him but will be employees of the Administrative Office of Courts. Any court administrator serving on July 1, 1994, shall receive credit for all accumulated unused sick and/or personal leave heretofore accrued as a county employee, not to exceed the accrual rate limitations prescribed in Sections 25-3-93 and 25-3-95. From and after July 1, 1994, each court administrator shall be allowed personal and sick leave at the accrual rates established in Sections 25-3-93 and 25-3-95, and each month of continuous service as a county employee before July 1, 1994, shall be considered when determining the accrual rate for each court administrator. Upon approval by the Administrative Office of Courts, the appointment of any support staff shall be evidenced by the entry of an order on the minutes of the court. When support staff is appointed jointly by two (2) or more judges, the order setting forth any appointment shall be entered on the minutes of each participating court.

(4) The Administrative Office of Courts shall develop and promulgate minimum qualifications for the certification of court administrators. Any court administrator appointed on or after October 1, 1996, shall be required to be certified by the Administrative Office of Courts.

(5) From and after October 1, 1997, the salary scale for court administrators shall be as follows:

(a) For court administrators (i) having sixty (60) credit hours toward a degree from an accredited college or university or holding an associate degree from an accredited two-year community or junior college and two (2) years of experience directly related to the duties of a court administrator, or (ii) a certified court management program recognized by the Administrative Office of Courts and two (2) years of experience directly related to the duties of a court administrator, or (iii) a paralegal certificate/degree from a two-year course of study and two (2) years of experience directly related to the duties of a court administrator, an annual salary based on years of experience in legal or court-related service or employment, said experience to be determined by the Administrative Office of Courts, as follows:

Years of Experience Salary

0 - 4 years $19,000.00

5 - 8 years 23,000.00

9 - 12 years 27,000.00

13 - 16 years 31,000.00

17 - 20 years 35,000.00

21 - 24 years 39,000.00

Over 25 years 43,000.00

(b) For court administrators holding a bachelor's degree from an accredited four-year college or university in judicial, public or business administration, or in criminal justice, an annual salary based on years of experience in court-related service or employment, said experience to be determined by the Administrative Office of Courts, as follows:

Years of Experience Salary

0 - 4 years $23,000.00

5 - 8 years 27,000.00

9 - 12 years 31,000.00

13 - 16 years 35,000.00

17 - 20 years 39,000.00

21 - 24 years 43,000.00

Over 25 years 47,000.00

(c) For court administrators holding a master's degree from an accredited university in judicial, public or business administration, or in criminal justice, an annual salary based on years of experience in court-related service or employment, said experience to be determined by the Administrative Office of Courts, as follows:

Years of Experience Salary

0 - 4 years $27,000.00

5 - 8 years 31,000.00

9 - 12 years 35,000.00

13 - 16 years 39,000.00

17 - 20 years 43,000.00

21 - 24 years 47,000.00

Over 25 years 51,000.00

Provided, however, that no court administrator employed on or before October 1, 1995, shall receive less compensation than he or she received on October 1, 1995, unless otherwise provided by court order.

(6) Support staff shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts; however, from and after July 1, 1994, the Administrative Office of Courts shall allocate from the support staff fund an amount not to exceed Forty Thousand Dollars ($40,000.00) per fiscal year (July 1 through June 30) per judge for whom support staff is approved for the funding of support staff assigned to a judge or judges. Any employment pursuant to this subsection shall be subject to the provisions of Section 25-1-53.

The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed pursuant to this section in any year in which the allocation per judge is sufficient to meet the equipment expense after provision for the compensation of the support staff.

(7) For the purposes of this section, the following terms shall have the meaning ascribed herein unless the context clearly requires otherwise:

(a) "Judges" means circuit judges and chancellors, or any combination thereof;

(b) "Support staff" means court administrators, law clerks, legal research assistants or secretaries, or any combination thereof, but shall not mean school attendance officers, and from and after July 1, 1998, shall not mean deputy court administrators;

(c) "Compensation" means the gross salary plus all amounts paid for benefits or otherwise as a result of employment or as required by employment; provided, however, that only salary earned for services rendered shall be reported and credited for Public Employees' Retirement System purposes. Amounts paid for benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes.

(8) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the State of Mississippi to be used by the circuit judge or chancellor during the term of his office and thereafter by his successors.

(9) Any circuit judge or chancellor who did not have a primary office provided by the county on March 1, 1988, shall be allowed an additional Four Thousand Dollars ($4,000.00) per annum to defray the actual expenses incurred by such judge or chancellor in maintaining an office; however, any circuit judge or chancellor who had a primary office provided by the county on March 1, 1988, and who vacated the office space after such date for a legitimate reason, as determined by the Department of Finance and Administration, shall be allowed the additional office expense allowance provided under this subsection.

(10) The Supreme Court, through the Administrative Office of Courts, shall submit to the Department of Finance and Administration the itemized and certified expenses for office operating allowances that are directed to the court pursuant to this section.

(11) The Supreme Court, through the Administrative Office of Courts, shall have the power to adopt rules and regulations regarding the administration of the office operating allowance authorized pursuant to this section.

SECTION 2. Section 9-17-1, Mississippi Code of 1972, is amended as follows:

[Until June 30, 1998, Section 9-17-1 shall read as follows:]

9-17-1. (1) The judges and chancellors of judicial districts, including chancery, circuit and county courts, may, in their discretion, jointly or independently, establish the Office of Court Administrator in any county by an order entered on the minutes of each participating court in the county.

The establishment of the Office of Court Administrator shall be accomplished by vote of a majority of the participating judges and chancellors in the county, and such court administrator shall be appointed by vote of a majority of the judges or chancellors and may be removed by a majority vote of the judges or chancellors. In case of a tie vote, the senior judge or senior chancellor shall cast two (2) votes.

(2) The court administrator shall be provided office space in the same manner as such is afforded the judges and chancellors.

(3) The annual salary of each court administrator appointed pursuant to this section shall be set by vote of the judges and chancellors of each participating county, subject to the minimum and maximum court administrator salary classifications prescribed in Section 9-1-36, and shall be submitted to the Administrative Office of Courts for approval pursuant to Section 9-1-36. The salary shall be paid in twelve (12) installments on the last working day of the month by the Administrative Office of Courts after it has been authorized by the participating judges and chancellors and an order has been duly placed on the minutes of each participating court.

Any county within a judicial district having a court administrator shall transfer to the Administrative Office of Courts one-twelfth (1/12) of its pro rata cost of authorized compensation as defined in Section 9-1-36 for the court administrator by the twentieth day of each month for the compensation that is to be paid on the last day of that month. The board of supervisors may transfer the pro rata cost of the county from the funds of that county pursuant to Section 9-17-5(2)(b).

(4) For all travel required in the performance of official duties, the court administrator shall be paid mileage by the county in which the duties were performed at the same rate as provided for state employees in Section 25-3-41, Mississippi Code of 1972. The court administrator shall file a certificate of mileage expense incurred during that term with the board of supervisors of each participating county and payment of such expense shall be paid proportionately out of the Court Administration Fund established pursuant to Section 9-17-5.

[From and after July 1, 1998, Section 9-17-1 shall read as follows:]

9-17-1. (1) The judges and chancellors of judicial districts shall establish the Office of Court Administrator in each judicial district by an order entered on the minutes of each participating court in the district, which shall consist of one (1) court administrator with supervisory responsibility for all support staff within the judicial district. The appointment of the court administrator shall be accomplished by vote of a majority of the participating judges and chancellors in the district, and such court administrator shall be appointed by vote of a majority of the judges or chancellors and may be removed by a majority vote of the judges or chancellors. In case of a tie vote, the senior judge or senior chancellor shall cast two (2) votes.

(2) The judges and chancellors of judicial districts, including chancery, circuit and county courts, may, in their discretion, jointly or independently, appoint deputy court administrators in any county by an order entered on the minutes of each participating court in the county. The appointment of such deputy court administrators shall be accomplished by vote of a majority of the participating judges and chancellors in the county, and any such deputy court administrator shall be appointed by vote of a majority of the judges or chancellors and may be removed by a majority vote of the judges or chancellors. In case of a tie vote, the senior judge or senior chancellor shall cast two (2) votes.

(3) The court administrator shall be provided office space in the same manner as such is afforded the judges and chancellors.

(4) The annual salary of each court administrator appointed pursuant to this section shall be set by vote of the judges and chancellors of each participating county, subject to the minimum and maximum court administrator salary classifications prescribed in Section 9-1-36, and shall be submitted to the Administrative Office of Courts for approval pursuant to Section 9-1-36. The State General Fund shall not participate in the cost of the salary of any deputy court administrator appointed pursuant to this section and any such salary shall be provided from county general funds in the manner prescribed herein. The salary shall be paid in twelve (12) installments on the last working day of the month by the Administrative Office of Courts after it has been authorized by the participating judges and chancellors and an order has been duly placed on the minutes of each participating court.

Any county within a judicial district having a court administrator shall transfer to the Administrative Office of Courts one-twelfth (1/12) of its pro rata cost of authorized compensation as defined in Section 9-1-36 for the court administrator by the twentieth day of each month for the compensation that is to be paid on the last day of that month. The board of supervisors may transfer the pro rata cost of the county from the funds of that county pursuant to Section 9-17-5(2)(b).

(5) For all travel required in the performance of official duties, the court administrator shall be paid mileage by the county in which the duties were performed at the same rate as provided for state employees in Section 25-3-41, Mississippi Code of 1972. The court administrator shall file a certificate of mileage expense incurred during that term with the board of supervisors of each participating county and payment of such expense shall be paid proportionately out of the Court Administration Fund established pursuant to Section 9-17-5.

SECTION 3. Section 9-13-19, Mississippi Code of 1972, is amended as follows:

[Until September 30, 1998, Section 9-13-19 shall read as follows:]

9-13-19. (1) Court reporters for circuit and chancery courts shall be paid an annual salary of Thirty-three Thousand Dollars ($33,000.00) payable by the Administrative Office of Courts.

(2) The several counties in each respective court district and the county for each county court district shall transfer from the general funds of those county treasuries to the Administrative Office of Courts a proportionate amount to be paid toward the annual compensation of the court reporter. The amount to be paid by each county shall be determined by the number of weeks in which court is held in each county in proportion to the total number of weeks court is held in the district. For purposes of this section, the term "compensation" means the gross salary plus all amounts paid for benefits, or otherwise, as a result of employment or as required by employment, but does not include transcript fees otherwise authorized to be paid by or through the counties. Provided, however, that only salary earned for services rendered shall be reported and credited for retirement purposes. Amounts paid for transcript fees, benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes.

For example, if there are thirty-eight (38) scheduled court weeks in a particular district, a county in which court is scheduled five (5) weeks out of the year would have to pay five-thirty-eighths (5/38) of the total annual compensation.

(3) The salary shall be paid in twelve (12) installments on the last working day of each month after it has been duly authorized by the appointing judge or chancellor and an order duly placed on the minutes of the court. Each county shall transfer to the Administrative Office of Courts one-twelfth (1/12) of the amount required to be paid pursuant to subsection (2) of this section by the twentieth day of each month for the salary that is to be paid on the last working day of the month. The Administrative Office of Courts shall pay to the court reporter the total amount of salary due for that month. Any county may pay, in the discretion of the board of supervisors, by the twentieth day of January of any year, the amount due for a full twelve (12) months.

(4) From and after October 1, 1996, all circuit and chancery court reporters will be employees of the Administrative Office of Courts. Any court reporter serving on October 1, 1997, shall receive credit for all accumulated unused sick and/or personal leave heretofore accrued as a county employee, not to exceed the accrual rate limitations prescribed in Sections 25-3-93 and 25-3-95. From and after October 1, 1997, each court reporter shall be allowed personal and sick leave at the accrual rates established in Sections 25-3-93 and 25-3-95, and each month of continuous service as a county employee before October 1, 1997, shall be considered when determining the accrual rate for each court reporter.

(5) No circuit or chancery court reporter shall be entitled to any compensation for any special or extended term of court after passage of this section.

(6) No chancery or circuit court reporter shall practice law in the court within which he or she is the court reporter.

(7) For all travel required in the performance of official duties, the circuit or chancery court reporter shall be paid mileage by the county in which the duties were performed at the same rate as provided for state employees in Section 25-3-41, Mississippi Code of 1972. The court reporter shall file in the office of the clerk of the court which he serves a certificate of mileage expense incurred during that term and payment of such expense to the court reporter shall be paid on allowance by the judge of such court.

[From and after October 1, 1998, Section 9-13-19 shall read as follows:]

9-13-19. (1) Court reporters for circuit and chancery courts shall be paid an annual salary in accordance with the scale provided herein payable by the Administrative Office of Courts. The scale, based on years of experience as an official court reporter, said experience to be determined by the Administrative Office of Courts, shall be as follows:

Years of Experience Salary

0 - 4 years $33,000.00

5 - 8 years $36,000.00

9 - 12 years $39,000.00

13 - 16 years $42,000.00

17 - 20 years $45,000.00

21 - 24 years $48,000.00

Over 25 years $51,000.00

(2) The several counties in each respective court district and the county for each county court district shall transfer from the general funds of those county treasuries to the Administrative Office of Courts a proportionate amount to be paid toward the annual compensation of the court reporter. The amount to be paid by each county shall be determined by the number of weeks in which court is held in each county in proportion to the total number of weeks court is held in the district. For purposes of this section, the term "compensation" means the gross salary plus all amounts paid for benefits, or otherwise, as a result of employment or as required by employment, but does not include transcript fees otherwise authorized to be paid by or through the counties. Provided, however, that only salary earned for services rendered shall be reported and credited for retirement purposes. Amounts paid for transcript fees, benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes.

For example, if there are thirty-eight (38) scheduled court weeks in a particular district, a county in which court is scheduled five (5) weeks out of the year would have to pay five-thirty-eighths (5/38) of the total annual compensation.

(3) The salary shall be paid in twelve (12) installments on the last working day of each month after it has been duly authorized by the appointing judge or chancellor and an order duly placed on the minutes of the court. Each county shall transfer to the Administrative Office of Courts one-twelfth (1/12) of the amount required to be paid pursuant to subsection (2) of this section by the twentieth day of each month for the salary that is to be paid on the last working day of the month. The Administrative Office of Courts shall pay to the court reporter the total amount of salary due for that month. Any county may pay, in the discretion of the board of supervisors, by the twentieth day of January of any year, the amount due for a full twelve (12) months.

(4) From and after October 1, 1996, all circuit and chancery court reporters will be employees of the Administrative Office of Courts. Any court reporter serving on October 1, 1997, shall receive credit for all accumulated unused sick and/or personal leave heretofore accrued as a county employee, not to exceed the accrual rate limitations prescribed in Sections 25-3-93 and 25-3-95. From and after October 1, 1997, each court reporter shall be allowed personal and sick leave at the accrual rates established in Sections 25-3-93 and 25-3-95, and each month of continuous service as a county employee before October 1, 1997, shall be considered when determining the accrual rate for each court reporter.

(5) No circuit or chancery court reporter shall be entitled to any compensation for any special or extended term of court after passage of this section.

(6) No chancery or circuit court reporter shall practice law in the court within which he or she is the court reporter.

(7) For all travel required in the performance of official duties, the circuit or chancery court reporter shall be paid mileage by the county in which the duties were performed at the same rate as provided for state employees in Section 25-3-41, Mississippi Code of 1972. The court reporter shall file in the office of the clerk of the court which he serves a certificate of mileage expense incurred during that term and payment of such expense to the court reporter shall be paid on allowance by the judge of such court.

SECTION 4. Section 9-19-5, Mississippi Code of 1972, is amended as follows:

9-19-5. The members of the Commission on Judicial Performance shall serve without compensation for their services, but shall be reimbursed for all reasonable and necessary travel expenses and subsistence as may be incurred in the performance of their duties. However, the members of the commission who are not trial judges shall receive per diem compensation as authorized under Section 25-3-69 for each day spent in performing their duties.

SECTION 5. Section 19-25-21, Mississippi Code of 1972, is amended as follows:

19-25-21. The minimum number of deputies having law enforcement duties for each sheriff shall be based upon the total population of his county according to the latest federal decennial census in the following categories:

(a) In counties with a total population of more than fifty thousand (50,000), the sheriff shall regularly employ a minimum of six (6) deputies having law enforcement duties;

(b) In counties with a total population of more than thirty-five thousand (35,000), and not more than fifty thousand (50,000), the sheriff shall regularly employ a minimum of five (5) deputies having law enforcement duties;

(c) In counties with a total population of more than twenty-five thousand (25,000), and not more than thirty-five thousand (35,000), the sheriff shall regularly employ a minimum of four (4) deputies having law enforcement duties;

(d) In counties with a total population of more than fifteen thousand (15,000), and not more than twenty-five thousand (25,000), the sheriff shall regularly employ a minimum of three (3) deputies having law enforcement duties;

(e) In counties with a total population of more than seven thousand five hundred (7,500), and not more than fifteen thousand (15,000), the sheriff shall regularly employ a minimum of two (2) deputies having law enforcement duties;

(f) In all other counties, the sheriff shall regularly employ a minimum of one (1) deputy sheriff having law enforcement duties.

In those counties comprised of two (2) judicial districts having a total population of thirty-five thousand (35,000) or more, there shall be not less than three (3) deputies in the judicial district in which the sheriff does not reside, one (1) of whom shall be the chief deputy in charge of the office, all of whom shall be subject to the direction of the sheriff. In those counties comprised of two (2) judicial districts having a total population of less than thirty-five thousand (35,000), there shall be at least two (2) deputies in the judicial district in which the sheriff does not reside who shall be subject to the direction of the sheriff.

Each deputy sheriff who shall have law enforcement duties shall, at the expense of the county, attend and complete an appropriate curriculum in the field of law enforcement at the Mississippi Law Enforcement Officers' Academy within one (1) year from the date of his appointment, excluding those who have previously served as sheriff, or have had at least five (5) years' experience as a full-time law enforcement officer, or have previously successfully completed a course of training at the Mississippi Law Enforcement Officers' Academy or at the Jackson Police Academy. Any deputy sheriff exempted from attendance at the initial course as herein provided because of previous service as sheriff or having five (5) years' full-time law enforcement experience must have served as sheriff or obtained such experience within a period of ten (10) years prior to the date of his taking the oath of office. Any deputy sheriff exempted from attendance because of successful completion of a course of training at either of the aforementioned academies must have completed such course within five (5) years prior to the date of his taking the oath of office. Each deputy sheriff shall thereafter, on a periodic and continuing basis, attend additional advanced courses in law enforcement at said academy in order that each deputy sheriff will be properly informed and trained in the modern, technical advances in the field of law enforcement.

SECTION 6. Section 19-25-31, Mississippi Code of 1972, is amended as follows:

19-25-31. Each judge of a circuit, chancery or county court, or a court of eminent domain may, in the judge's discretion, by order entered on the minutes of the court, allow the sheriff riding bailiffs to serve in the respective court of such judge, not to exceed four (4) bailiffs. Any such person so employed shall be paid by the county on allowances of the court on issuance of a warrant therefor in the amount of Fifty Dollars ($50.00) for each day, or part thereof, for which he serves as bailiff when the court is in session. No full-time deputy sheriff shall be paid as a riding bailiff of any court. County court judges shall be limited to one (1) bailiff per each court day.

SECTION 7. Section 23-15-225, Mississippi Code of 1972, is amended as follows:

23-15-225. (1) The registrar shall be entitled to such compensation, payable monthly out of the county treasury, which the board of supervisors of the county shall allow on an annual basis in the following amounts:

(a) For counties with a total population of more than two hundred thousand (200,000), an amount not to exceed Twenty-six Thousand Dollars ($26,000.00), but not less than Eight Thousand Dollars ($8,000.00).

(b) For counties with a total population of more than one hundred thousand (100,000) and not more than two hundred thousand (200,000), an amount not to exceed Twenty-two Thousand Dollars ($22,000.00), but not less than Eight Thousand Dollars ($8,000.00).

(c) For counties with a total population of more than fifty thousand (50,000) and not more than one hundred thousand (100,000), an amount not to exceed Twenty Thousand Dollars ($20,000.00), but not less than Eight Thousand Dollars ($8,000.00).

(d) For counties with a total population of more than thirty-five thousand (35,000) and not more than fifty thousand (50,000), an amount not to exceed Eighteen Thousand Dollars ($18,000.00), but not less than Eight Thousand Dollars ($8,000.00).

(e) For counties with a total population of more than twenty-five thousand (25,000) and not more than thirty-five thousand (35,000), an amount not to exceed Sixteen Thousand Dollars ($16,000.00), but not less than Eight Thousand Dollars ($8,000.00).

(f) For counties with a total population of more than fifteen thousand (15,000) and not more than twenty-five thousand (25,000), an amount not to exceed Fourteen Thousand Dollars ($14,000.00), but not less than Eight Thousand Dollars ($8,000.00).

(g) For counties with a total population of more than ten thousand (10,000) and not more than fifteen thousand (15,000), an amount not to exceed Twelve Thousand Dollars ($12,000.00), but not less than Seven Thousand Dollars ($7,000.00).

(h) For counties with a total population of more than six thousand (6,000) and not more than ten thousand (10,000), an amount not to exceed Ten Thousand Dollars ($10,000.00), but not less than Seven Thousand Dollars ($7,000.00).

(i) For counties with a total population of not more than six thousand (6,000), an amount not to exceed Eight Thousand Dollars ($8,000.00) but not less than Five Thousand Five Hundred Dollars ($5,500.00).

(j) For counties having two (2) judicial districts, the board of supervisors of the county may allow, in addition to the sums prescribed herein, in its discretion, an amount not to exceed Ten Thousand Dollars ($10,000.00).

(2) In the event of a reregistration within such county, or a redistricting which necessitates the hiring of additional deputy registrars, the board of supervisors may by contract compensate the county registrar amounts in addition to the sums prescribed herein, in its discretion.

(3) As compensation for their services in assisting the county election commissioners in performance of their duties in the revision of the registration books and the pollbooks of the several voting precincts of the several counties and in assisting the election commissioners, executive committees or boards of supervisors in connection with any election, the registrar shall receive the same daily per diem and limitation on meeting days as provided for the board of election commissioners as set out in Sections 23-15-153 and 23-15-227 to be paid from the general fund of the county.

(4) No increase in compensation under this section shall take effect in any year other than the first year of the four-year term of office for which the registrar was elected, and in no event prior to October 1, 1997. In any case where an amount has been allowed by the board of supervisors pursuant to this section, such amount shall not be reduced or terminated during the four-year term of office for which the registrar was elected.

From and after October 1, 1997, in addition to the compensation provided for in this section, the board of supervisors of any county, in its discretion, may pay the registrar an additional amount not to exceed five percent (5%) of the maximum allowable compensation prescribed herein, which shall be adopted and spread on the minutes of such board on or before October 1, 1997. In the same manner the board of supervisors, in its discretion, may pay the registrar an additional amount not to exceed five percent (5%) of that sum previously authorized, to take effect on October 1 of the first year of the four-year term of office for which the registrar was elected, which shall be adopted and spread on the minutes on or before October 1 of the previous fiscal year. Provided, however, that no such additional increase in compensation under this subsection shall take effect unless the board of supervisors by resolution also approves the same percentage increase in compensation for members of the board of supervisors of such county, the tax collector and tax assessor of such county, the sheriff of such county and the justice court judges of such county, as authorized by law, to take effect on the same date.

(5) The circuit clerk shall, in addition to any other compensation provided for by law, be entitled to receive as compensation from the board of supervisors the amount of Two Thousand Dollars ($2,000.00) per year. This payment shall be for the performance of his duties in regard to the conduct of elections and the performance of his other duties.

(6) The municipal clerk shall, in addition to any other compensation for performance of duties, be eligible to receive as compensation from the municipality's governing authorities a reasonable amount of additional compensation for reimbursement of costs and for additional duties associated with mail-in registration of voters.

SECTION 8. Section 25-3-3, Mississippi Code of 1972, is amended as follows:

25-3-3. (1) The term "total assessed valuation" as used in this section only refers to the ad valorem assessment for the county and, in addition, in counties where oil is produced, the actual value of oil at the point of production, as certified to the counties by the State Tax Commission under the provisions of Sections 27-25-501 through 27-25-525.

(2) The salary of assessors of the various counties is hereby fixed as full compensation for their services as county assessors and tax collectors. The annual salary of each assessor shall be based upon the total assessed valuation of his respective county for the preceding taxable year in the following categories and for the following amounts:

(a) For counties with a total assessed valuation of Two Hundred Fifty Million Dollars ($250,000,000.00) or more, a salary of Thirty-nine Thousand Two Hundred Forty Dollars ($39,240.00);

(b) For counties having a total assessed valuation of at least Seventy-five Million Dollars ($75,000,000.00) but less than Two Hundred Fifty Million Dollars ($250,000,000.00), a salary of Thirty-seven Thousand Eight Hundred Forty Dollars ($37,840.00);

(c) For counties having a total assessed valuation of at least Thirty-five Million Dollars ($35,000,000.00) but less than Seventy-five Million Dollars ($75,000,000.00), a salary of Thirty-five Thousand Two Hundred Forty-four Dollars ($35,244.00);

(d) For counties having a total assessed valuation of at least Twenty Million Dollars ($20,000,000.00) but less than Thirty-five Million Dollars ($35,000,000.00), a salary of Thirty-two Thousand Six Hundred Four Dollars ($32,604.00);

(e) For counties having a total assessed valuation of at least Twelve Million Five Hundred Thousand Dollars ($12,500,000.00) but less than Twenty Million Dollars ($20,000,000.00), a salary of Twenty-nine Thousand Nine Hundred Sixty-four Dollars ($29,964.00);

(f) For counties having a total assessed valuation of less than Twelve Million Five Hundred Thousand Dollars ($12,500,000.00), a salary of Twenty-seven Thousand Three Hundred Twenty-four Dollars ($27,324.00).

(3) In addition to all other compensation paid to assessor-tax collectors in counties having two (2) judicial districts, the board of supervisors shall allow that said assessor-tax collector be paid an additional Three Thousand Five Hundred Dollars ($3,500.00) per year. In addition to all other compensation paid to assessors or tax collectors, in counties maintaining two (2) full-time offices, the board of supervisors may allow that said assessor or tax collector be paid an additional Three Thousand Five Hundred Dollars ($3,500.00) per year.

(4) In addition to all other compensation paid to assessor-tax collectors, the board of supervisors of a county shall allow for such assessor-tax collector to be paid additional compensation when there is a contract between the county and one or more municipalities providing that the assessor-tax collector shall assess and/or collect taxes for the municipality or municipalities; and such assessor-tax collector shall be authorized to receive such additional compensation from the county and/or the municipality or municipalities in any amount allowed by the county and the municipality or municipalities for performing those services.

(5) When any tax assessor holds a valid certificate of educational recognition from the International Association of Assessing Officers or is a licensed appraiser under Section 73-34-1 et seq., he shall receive an additional One Thousand Five Hundred Dollars ($1,500.00) annually beginning the next fiscal year after completion. When any tax assessor is a licensed state certified Residential Appraiser (RA) or licensed state certified Timberland Appraiser (TA) under Section 73-34-1 et seq., or when any tax assessor holds a valid designation from the International Association of Assessing Officers as a Cadastral Mapping Specialist (CMS) or Personal Property Specialist (PPS) or Residential Evaluation Specialist (RES), he shall receive an additional Six Thousand Five Hundred Dollars ($6,500.00) annually beginning the next fiscal year after completion. When any tax assessor holds the valid designation of Certified Assessment Evaluator (CAE) from the International Association of Assessing Officers or is a state certified General Real Estate Appraiser (GA) under Section 73-34-1 et seq., he shall receive an additional Eight Thousand Five Hundred Dollars ($8,500.00) annually beginning the next fiscal year after completion. From and after October 1, 1997, to be eligible for additional compensation under this paragraph for education, designation and/or appraisal licensure, the tax assessor or staff under his direct supervision shall: (a) compile cost index, large tract schedule, small tract schedule, urban index and urban indices; and (b) conduct sales files and ratio studies.

(6) The salaries herein set out shall be the total funds paid to the county assessors and tax collectors and shall be full compensation for their services, with any fees being paid to the county general fund.

(7) The salaries herein provided shall be payable monthly on the first day of each calendar month by chancery clerk's warrant drawn on the general fund of the county.

(8) The salary scale in this section shall not apply in any county in which the office of assessor has been separated from that of tax collector. In the event of such separation, the salary scale set forth in Section 25-3-5 shall control.

(9) No increase in compensation under this section shall take effect in any year other than the first year of the four-year term of office for which the tax collector/assessor was elected, and in no event prior to October 1, 1997. In any case where an increase has taken effect pursuant to this section, such amount shall not be reduced as a result of a reduction in total assessed valuation during the four-year term of office for which the tax assessor/collector was elected.

From and after October 1, 1997, in addition to the compensation provided for in this section, the board of supervisors of any county, in its discretion, may pay the tax assessor/collector an additional amount not to exceed five percent (5%) of the maximum allowable compensation prescribed herein, which shall be adopted and spread on the minutes of such board on or before October 1, 1997. In the same manner the board of supervisors, in its discretion, may pay the tax assessor/collector an additional amount not to exceed five percent (5%) of that sum previously authorized to take effect on October 1 of the first year of the four-year term of office for which the tax assessor/collector was elected, which shall be adopted and spread on the minutes on or before October 1 of the previous fiscal year. Provided, however, that no such additional increase in compensation under this subsection shall take effect unless the board of supervisors by resolution also approves the same percentage increase in compensation for members of the board of supervisors of such county, the registrar of such county, the sheriff of such county and the justice court judges of such county, as authorized by law, to take effect on the same date.

SECTION 9. Section 25-3-5, Mississippi Code of 1972, is amended as follows:

25-3-5. (1) In any county where the office of tax collector has been separated from the office of tax assessor, the annual salary of the assessor or tax collector shall be based upon the assessed valuation of his respective county for the preceding taxable year in the following categories and for the following amounts:

(a) For counties with a total assessed valuation of Two Hundred Fifty Million Dollars ($250,000,000.00) or more, a salary of Forty-three Thousand One Hundred Sixty-four Dollars ($43,164.00);

(b) For counties having a total assessed valuation of at least Two Hundred Million Dollars ($200,000,000.00) but less than Two Hundred Fifty Million Dollars ($250,000,000.00), a salary of Forty Thousand Five Hundred Twenty-four Dollars ($40,524.00);

(c) For counties having a total assessed valuation of at least One Hundred Fifty Million Dollars ($150,000,000.00) but less than Two Hundred Million Dollars ($200,000,000.00), a salary of Thirty-seven Thousand Eight Hundred Eighty-four Dollars ($37,884.00);

(d) For counties having a total assessed valuation of at least One Hundred Million Dollars ($100,000,000.00) but less than One Hundred Fifty Million Dollars ($150,000,000.00), a salary of Thirty-five Thousand Two Hundred Forty-four Dollars ($35,244.00);

(e) For counties having a total assessed valuation of at least Seventy-five Million Dollars ($75,000,000.00) but less than One Hundred Million Dollars ($100,000,000.00), a salary of Thirty-two Thousand Six Hundred Four Dollars ($32,604.00);

(f) For counties with a total assessed valuation of less than Seventy-five Million Dollars ($75,000,000.00), a salary of Twenty-nine Thousand Nine Hundred Sixty-four Dollars ($29,964.00).

 * * *

(2) In addition to all other compensation paid to assessors or tax collectors, in counties having two (2) judicial districts, the board of supervisors shall allow that said assessor or tax collector be paid an additional Three Thousand Five Hundred Dollars ($3,500.00) per year. In addition to all other compensation paid to assessors or tax collectors, in counties maintaining two (2) full-time offices, the board of supervisors may allow that said assessor or tax collector be paid an additional Three Thousand Five Hundred Dollars ($3,500.00) per year.

(3) In addition to all other compensation paid to tax assessors and tax collectors, the board of supervisors of a county shall allow for such tax assessor and/or tax collector to be paid additional compensation when there is a contract between the county and one or more municipalities providing that the tax assessor shall assess taxes and/or tax collector shall collect taxes for the municipality or municipalities; and such tax assessor and/or tax collector shall be authorized to receive such additional compensation from the county and/or the municipality or municipalities in any amount allowed by the county and the municipality or municipalities for performing those services.

(4) When any tax assessor holds a valid certificate of educational recognition from the International Association of Assessing Officers or is a licensed appraiser under Section 73-34-1 et seq., he shall receive an additional One Thousand Five Hundred Dollars ($1,500.00) annually beginning the next fiscal year after completion. When any tax assessor is a licensed state certified Residential Appraiser (RA) or licensed state certified Timberland Appraiser (TA) under Section 73-34-1 et seq., or when any tax assessor holds a valid designation from the International Association of Assessing Officers as a Cadastral Mapping Specialist (CMS) or Personal Property Specialist (PPS) or Residential Evaluation Specialist (RES), he shall receive an additional Six Thousand Five Hundred Dollars ($6,500.00) annually beginning the next fiscal year after completion. When any tax assessor holds the valid designation of Certified Assessment Evaluator (CAE) from the International Association of Assessing Officers or is a state certified General Real Estate Appraiser (GA) under Section 73-34-1 et seq., he shall receive an additional Eight Thousand Five Hundred Dollars ($8,500.00) annually beginning the next fiscal year after completion. From and after October 1, 1997, to be eligible for additional compensation under this paragraph for education, designation and/or appraisal licensure, the tax assessor or staff under his direct supervision shall: (a) compile cost index, large tract schedule, small tract schedule, urban index and urban indices; and (b) conduct sales files and ratio studies.

(5) The salaries herein set out shall be the total funds paid to the county assessors or tax collectors and shall be full compensation for their services, with any fees being paid to the county general fund.

(6) The salaries herein provided shall be payable monthly on the first day of each calendar month by chancery clerk's warrant drawn on the general fund of the county.

(7) No increase in compensation under this section shall take effect in any year other than the first year of the four-year term of office for which the tax collector or tax assessor was elected, and in no event prior to October 1, 1997. In any case where an increase has taken effect pursuant to this section, such amount shall not be reduced as a result of a reduction in total assessed valuation during the four-year term of office for which the tax assessor or tax collector was elected.

From and after October 1, 1997, in addition to the compensation provided for in this section, the board of supervisors of any county, in its discretion, may pay the tax collector and tax assessor an additional amount not to exceed five percent (5%) of the maximum allowable compensation prescribed herein, which shall be adopted and spread on the minutes of such board on or before October 1, 1997. In the same manner the board of supervisors, in its discretion, may pay the tax collector and tax assessor an additional amount not to exceed five percent (5%) of that sum previously authorized, to take effect on October 1 of the first year of the four-year term of office for which the tax collector or tax assessor was elected, which shall be adopted and spread on the minutes on or before October 1 of the previous fiscal year. Provided, however, that no such additional increase in compensation under this subsection shall take effect unless the board of supervisors by resolution also approves the same percentage increase in compensation for members of the board of supervisors of such county, the registrar of such county, the sheriff of such county and the justice court judges of such county, as authorized by law, to take effect on the same date.

SECTION 10. Section 25-3-13, Mississippi Code of 1972, is amended as follows:

25-3-13. The salaries of the members of the boards of supervisors of the various counties are hereby fixed as full compensation for their services.

The annual salary of each member of the board of supervisors shall be based upon the total assessed valuation of his respective county for the preceding taxable year in the following categories and for the following amounts:

(a) For counties having a total assessed valuation of less than Twenty Million Dollars ($20,000,000.00), a salary of Twenty Thousand Four Hundred Sixty Dollars ($20,460.00);

(b) For counties having a total assessed valuation of at least Twenty Million Dollars ($20,000,000.00), but less than Twenty-five Million Dollars ($25,000,000.00), a salary of Twenty Thousand Nine Hundred Eighty-eight Dollars ($20,988.00);

(c) For counties having a total assessed valuation of at least Twenty-five Million Dollars ($25,000,000.00), but less than Thirty-five Million Dollars ($35,000,000.00), a salary of Twenty-one Thousand Five Hundred Sixteen Dollars ($21,516.00);

(d) For counties having a total assessed valuation of at least Thirty-five Million Dollars ($35,000,000.00), but less than Fifty Million Dollars ($50,000,000.00), a salary of Twenty-three Thousand Three Hundred Sixty-four Dollars ($23,364.00);

(e) For counties having a total assessed valuation of at least Fifty Million Dollars ($50,000,000.00), but less than Seventy-five Million Dollars ($75,000,000.00), a salary of Twenty-four Thousand Four Hundred Twenty Dollars ($24,420.00);

(f) For counties having a total assessed valuation of at least Seventy-five Million Dollars ($75,000,000.00), but less than One Hundred Twenty-five Million Dollars ($125,000,000.00), a salary of Twenty-five Thousand Two Hundred Twelve Dollars ($25,212.00);

(g) For counties having a total assessed valuation of One Hundred Twenty-five Million Dollars ($125,000,000.00), but less than Three Hundred Million Dollars ($300,000,000.00), a salary of Twenty-nine Thousand One Hundred Seventy-two Dollars ($29,172.00);

(h) For counties having a total assessed valuation of Three Hundred Million Dollars ($300,000,000.00) or more, a salary of Thirty-two Thousand Four Hundred Seventy-two Dollars ($32,472.00).

The compensation of the members of the board of supervisors shall not be increased under this section until the board of supervisors shall have passed a resolution stating the amount of the increase and spread it on its minutes. No increase in compensation under this section shall take effect in any year other than the first year of the four-year term of office for which the supervisor was elected, and in no event prior to October 1, 1997. In any case where an increase has been allowed by the board of supervisors pursuant to this section, such amount shall not be reduced as a result of a reduction in total assessed valuation during the four-year term of office for which the supervisor was elected.

From and after October 1, 1997, in addition to the compensation provided for in this section, the board of supervisors of any county, in its discretion, may pay the members of the board of supervisors an additional amount not to exceed five percent (5%) of the maximum allowable compensation prescribed herein, which shall be adopted and spread on the minutes of such board on or before October 1, 1997. In the same manner the board of supervisors, in its discretion, may pay the members of the board an additional amount not to exceed five percent (5%) of that sum previously authorized, to take effect on October 1 of the first year of the four-year term of office for which the supervisor was elected, which shall be adopted and spread on the minutes on or before October 1 of the previous fiscal year. Provided, however, that no such additional increase in compensation under this subsection shall take effect unless the board of supervisors by resolution also approves the same percentage increase in compensation for the registrar of such county, the tax collector and tax assessor of such county, the sheriff of such county and the justice court judges of such county, as authorized by law, to take effect on the same date.

SECTION 11. Section 25-3-25, Mississippi Code of 1972, is amended as follows:

25-3-25. (1) Except as otherwise provided in subsections (2) through (4) of this section, the salaries of sheriffs of the various counties are hereby fixed as full compensation for their services.

No sheriff shall be paid less than the salary authorized under this section to be paid the sheriff based upon the population of the county according to the 1980 federal decennial census. The annual salary for each sheriff shall be based upon the total population of his county according to the latest federal decennial census in the following categories and for the following amounts * * *:

(a) For counties with a total population of more than two hundred thousand (200,000), a salary of Fifty-three Thousand Two Hundred Dollars ($53,200.00).

(b) For counties with a total population of more than one hundred thousand (100,000) and not more than two hundred thousand (200,000), a salary of Fifty-two Thousand Dollars ($52,000.00).

(c) For counties with a total population of more than forty-five thousand (45,000) and not more than one hundred thousand (100,000), a salary of Fifty Thousand Eight Hundred Dollars ($50,800.00).

(d) For counties with a total population of more than thirty-four thousand (34,000) and not more than forty-five thousand (45,000), a salary of Forty-nine Thousand Six Hundred Dollars ($49,600.00).

(e) For counties with a total population of more than twenty-five thousand (25,000) and not more than thirty-four thousand (34,000), a salary of Forty-seven Thousand Two Hundred Dollars ($47,200.00).

(f) For counties with a total population of more than fifteen thousand (15,000) and not more than twenty-five thousand (25,000), a salary of Forty-four Thousand Eight Hundred Dollars ($44,800.00).

(g) For counties with a total population of more than nine thousand five hundred (9,500) and not more than fifteen thousand (15,000), a salary of Forty-two Thousand Four Hundred Dollars ($42,400.00).

(h) For counties with a total population of more than seven thousand five hundred (7,500) and not more than nine thousand five hundred (9,500), a salary of Forty Thousand Dollars ($40,000.00).

(i) For counties with a total population of not more than seven thousand five hundred (7,500), a salary of Thirty-seven Thousand Six Hundred Dollars ($37,600.00).

(2) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Leflore County may, in its discretion, pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:

(a) The Mississippi Department of Corrections operates and maintains a restitution center within the county;

(b) The Mississippi Department of Corrections operates and maintains a community work center within the county;

(c) There is a resident circuit court judge in the county whose office is located at the Leflore County Courthouse;

(d) There is a resident chancery court judge in the county whose office is located at the Leflore County Courthouse;

(e) The Magistrate for the Fourth Circuit Court District is located in the county and maintains his office at the Leflore County Courthouse;

(f) The Region VI Mental Health-Mental Retardation Center, which serves a multicounty area, calls upon the sheriff to provide security for out-of-town mental patients, as well as patients from within the county;

(g) The increased activity of the Child Support Division of the Department of Human Services in enforcing in the courts parental obligations has imposed additional duties on the sheriff; and

(h) The dispatchers of the enhanced E-911 system in place in Leflore County has been placed under the direction and control of the sheriff.

(3) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Rankin County may, in its discretion, pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:

(a) The Mississippi Department of Corrections operates and maintains the Central Mississippi Correctional Facility within the county;

(b) The State Hospital is operated and maintained within the county at Whitfield;

(c) Hudspeth Regional Center, a facility maintained for the care and treatment of the mentally retarded, is located within the county;

(d) The Mississippi Law Enforcement Officers Training Academy is operated and maintained within the county;

(e) The State Fire Academy is operated and maintained within the county;

(f) The Pearl River Valley Water Supply District, ordinarily known as the "Reservoir District," is located within the county;

(g) The Jackson International Airport is located within the county;

(h) The patrolling of the state properties located within the county has imposed additional duties on the sheriff; and

(i) The sheriff, in addition to providing security to the nearly one hundred thousand (100,000) residents of the county, has the duty to investigate, solve and assist in the prosecution of any misdemeanor or felony committed upon any state property located in Rankin County.

(4) The salaries herein provided shall be payable monthly on the first day of each calendar month by chancery clerk's warrant drawn on the general fund of the county.

(5) No increase in compensation under this section shall take effect in any year other than the first year of the four-year term of office for which the sheriff was elected, and in no event prior to October 1, 1997. In any case where an increase has taken effect pursuant to this section, such amount shall not be reduced as a result of a reduction in total assessed valuation during the four-year term of office for which the sheriff was elected.

From and after October 1, 1997, in addition to the compensation provided for in this section, the board of supervisors of any county, in its discretion, may pay the sheriff an additional amount not to exceed five percent (5%) of the maximum allowable compensation prescribed herein, which shall be adopted and spread on the minutes of such board on or before October 1, 1997. In the same manner the board of supervisors, in its discretion, may pay the sheriff an additional amount not to exceed five percent (5%) of that sum previously authorized, to take effect on October 1 of the first year of the four-year term of office for which the sheriff was elected, which shall be adopted and spread on the minutes on or before October 1 of the previous fiscal year. Provided, however, that no such additional increase in compensation under this subsection shall take effect unless the board of supervisors by resolution also approves the same percentage increase in compensation for members of the board of supervisors of such county, the tax collector and tax assessor of such county, the registrar of such county, and the justice court judges of such county, as authorized by law, to take effect on the same date.

SECTION 12. Section 25-3-31, Mississippi Code of 1972, is amended as follows:

25-3-31. (1) From and after January 1, 1997, the annual salaries of the following elected state and district officers are hereby fixed as follows:

Governor..................................$87,000.00

Lieutenant Governor....................... 47,000.00

Attorney General.......................... 72,000.00

Secretary of State........................ 62,000.00

Commissioner of Insurance................. 62,000.00

State Treasurer........................... 62,000.00

State Auditor of Public Accounts.......... 62,000.00

Commissioner of Agriculture and Commerce.. 62,000.00

State Highway Commissioners............... 58,000.00

Public Service Commissioners.............. 58,000.00

Members of the Legislature................ 10,000.00

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(e) and Section 25-11-103(i), Mississippi Code of 1972, and to related sections which require such computations.

(2) The salary of the Lieutenant Governor and of the Speaker of the House of Representatives shall be equal, and they shall receive for attending each extraordinary or called session the same compensation and mileage as is provided for members of the Legislature. Commencing on June 1, 1980, and on the first day of each month thereafter, 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.

(3) From and after January 1, 2000, in addition to the compensation provided for in this section, the State Personnel Board, in its discretion and subject to specific appropriation by the Legislature, may authorize an additional compensation for each elected official whose salary is prescribed herein, not to exceed five percent (5%) of each salary level, which action shall be adopted and spread on the minutes of the State Personnel Board and certified to the Legislative Budget Office on or before July 1, 1999. In the same manner the State Personnel Board, in its discretion and subject to appropriation by the Legislature, may authorize an additional amount not to exceed five percent (5%) of that sum previously authorized, to take effect on January 1 of the first year of the four-year term of office for which the state or district official was elected, which shall be adopted and spread on the minutes of the State Personnel Board and certified to the Legislative Budget Office on or before July 1 of the previous fiscal year.

SECTION 13. Section 5-1-41, Mississippi Code of 1972, is amended 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 prescribed in Section 25-3-30 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; and shall receive for attending each extraordinary session or called session the sum of Fifty Dollars ($50.00) per day and mileage at the same rate as per regular session. In addition to the above, each Senator and Representative shall receive the sum of Eight Hundred Dollars ($800.00) 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 said payments are due.

SECTION 14. Sections 5-1-43 and 5-1-45, Mississippi Code of 1972, which provide statutory salaries for the Lieutenant Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate, shall stand repealed from and after January 1, 1997.

SECTION 15. 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 hereby fixed as follows:

Deputy Attorney General, not to exceed............$61,000.00

Assistant Attorneys General shall each

receive annual salaries in an amount to

be fixed by the Attorney General but

not to exceed................................ 55,000.00

Military Department - National Guard:

Adjutant General............................. 58,000.00

Department of Banking and Consumer Finance:

Commissioner................................. 62,000.00

 * * *

Chairman of the State Tax Commission

(Commissioner of Revenue).................... 74,000.00

Associate Commissioners, each................ 42,000.00

Director of Emergency Management Agency........... 46,000.00

Highway Safety Patrol:

Commissioner of Public Safety................ 61,000.00

Chief of Highway Patrol...................... -0-

Department of Human Services:

Director, not to exceed...................... 78,000.00

Workers' Compensation Commission:

Members, each................................ 67,000.00

Executive Director........................... 59,000.00

Administrative Judge, each................... 55,000.00

Archives and History:

Director, not to exceed...................... 61,000.00

State Forester.................................... 63,000.00

State Oil and Gas Board:

Secretary-Supervisor......................... 65,000.00

Educational Television Authority:

Executive Director........................... 61,000.00

Director, Mississippi Library Commission,

not to exceed................................ 61,000.00

Executive Secretary, Public

Service Commission........................... 46,000.00

Parole Board:

Chairman..................................... 48,000.00

Administrative Assistant for Parole Matters.. 43,000.00

Members, each................................ 45,000.00

Governor's Office-Federal State Programs:

Coordinator Federal State Programs........... 58,000.00

Governor's State Bond Advisory Division:

Director..................................... 49,000.00

Employment Security Commission:

Executive Director, not to exceed............ 65,000.00

Executive Director, Department of Mental Health,

to be determined by the State Board of

Mental Health, not to exceed................. 78,000.00

Director, Division of Medicaid,

not to exceed................................ 69,000.00

Director, State Department of Transportation,

not to exceed................................ 84,000.00

State Entomologist................................ 55,000.00

Clerk of the Supreme Court........................ 50,000.00

 * * *

Executive Director, Judicial Performance

Commission................................... 54,000.00

Executive Director, Department of Finance

and Administration........................... 80,000.00

Superintendent, Mississippi School for

the Blind, to be determined by the State

Board of Education, not to exceed............ 63,000.00

Superintendent, Mississippi School for

the Deaf, to be determined by the State

Board of Education, not to exceed............ 63,000.00

Executive Director, State Fair Commission......... 52,000.00

Executive Director, Department of Wildlife,

Fisheries and Parks.......................... 75,000.00

Executive Director, Department of

Environmental Quality........................ 75,000.00

Executive Director, Pat Harrison

Waterway District............................ 56,000.00

Executive Director, Pearl River Basin

Development District......................... 54,000.00

Executive Director, Pearl River Valley

Water Supply District........................ 64,000.00

Executive Director, Tombigbee River Valley

Water Management District.................... 55,000.00

Director, Soil and Water Conservation

Commission................................... 46,000.00

Commissioner, Mississippi Department of

Corrections.................................. 72,000.00

Executive Director, Mississippi Department of

Information Technology Services.............. 81,000.00

 * * *

Director, Mississippi Bureau of Narcotics......... 52,000.00

Executive Secretary, State Veterans

Affairs Board................................ 51,000.00

Executive Officer, Veterans' Home

Purchase Board............................... 54,000.00

Chief Administrative Officer,

Motor Vehicle Commission..................... 55,000.00

Stadium Manager, Mississippi Veterans

Memorial Stadium............................. 52,000.00

Executive Director, Mississippi Arts Commission... 47,000.00

From and after January 1, 2000, in addition to the salaries provided for in this section, the State Personnel Board, in its discretion and subject to specific appropriation therefor by the Legislature, may authorize additional compensation for each appointed public official whose salary is prescribed herein, not to exceed five percent (5%) of each salary level prescribed herein, which action shall be adopted and spread on the minutes of the State Personnel Board and certified to the Legislative Budget Office on or before July 1, 1999. In the same manner, the State Personnel Board, in its discretion and subject to specific appropriation by the Legislature, may authorize an additional amount not to exceed five percent (5%) of that sum previously authorized, to take effect on January 1 of the first year of the four-year term of office of statewide elected officials, which action shall be adopted and spread on the minutes of the State Personnel Board and certified to the Legislative Budget Office on or before July 1 of the previous fiscal year.

SECTION 16. 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 Section 25-3-30 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. 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 State Auditor of Public Accounts 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 17. Section 25-3-39, Mississippi Code of 1972, is amended as follows:

25-3-39. (1) No public officer, public employee, administrator or executive head of any arm or agency of the state, designated in Section * * * 25-3-33, shall be paid a salary or compensation, directly or indirectly, in excess of the salary fixed in Section 25-3-30 for the Governor.

(2) No public officer, employee or administrator shall be paid a salary or compensation, directly or indirectly, in excess of the salary of the executive head of the state agency or department in which he is employed. The State Personnel Board, based upon its findings of fact, may exempt positions from this subsection when the acquisition of technical or professional services is precluded based on the prevailing wage in the relevant labor market.

SECTION 18. Section 25-3-36, Mississippi Code of 1972, is amended as follows:

25-3-36. (1) From and after October 1, 1993, every justice court judge shall receive as full compensation for his or her services and in lieu of any and all other fees, costs or compensation heretofore authorized for such justice court judge, an annual salary based upon the population of his or her county according to the 1990 federal decennial census; however, no justice court judge shall be paid less than that amount which would have been paid to such judges prior to the promulgation of the 1990 federal decennial census. The amount of which salary shall be determined as follows:

(a) In counties with a population of more than two hundred thousand (200,000), a salary of Forty Thousand Two Hundred Sixty Dollars ($40,260.00).

(b) In counties with a population of more than one hundred fifty thousand (150,000) but not more than two hundred thousand (200,000), a salary of Thirty-six Thousand Nine Hundred Sixty Dollars ($36,960.00).

(c) In counties with a population of more than seventy-five thousand (75,000) but not more than one hundred fifty thousand (150,000), a salary of Thirty-three Thousand Six Hundred Sixty Dollars ($33,660.00).

(d) In counties with a population of more than forty-nine thousand (49,000) but not more than seventy-five thousand (75,000), a salary of Twenty-nine Thousand Forty Dollars ($29,040.00).

(e) In counties with a population of more than thirty-four thousand (34,000) but not more than forty-nine thousand (49,000), a salary of Twenty-five Thousand Eighty Dollars ($25,080.00).

(f) In counties with a population of more than twenty-four thousand five hundred (24,500) but not more than thirty-four thousand (34,000), a salary of Twenty-three Thousand Seven Hundred Sixty Dollars ($23,760.00).

(g) In counties with a population of more than twenty-one thousand (21,000) but not more than twenty-four thousand five hundred (24,500), a salary of Twenty-one Thousand One Hundred Twenty Dollars ($21,120.00).

(h) In counties with a population of more than sixteen thousand five hundred (16,500) but not more than twenty-one thousand (21,000), a salary of Eighteen Thousand Four Hundred Eighty Dollars ($18,480.00).

(i) In counties with a population of more than twelve thousand (12,000) but not more than sixteen thousand five hundred (16,500), a salary of Fifteen Thousand Eight Hundred Forty Dollars ($15,840.00).

(j) In counties with a population of more than eight thousand (8,000) but not more than twelve thousand (12,000), a salary of Eleven Thousand Five Hundred Fifty Dollars ($11,550.00).

(k) In counties with a population of eight thousand (8,000) or less, a salary of Eight Thousand Two Hundred Fifty Dollars ($8,250.00). In addition to the amounts hereinabove provided, the board of supervisors of any county having two (2) judicial districts and which has a population of more than fifteen thousand (15,000) but less than nineteen thousand (19,000) may also pay justice court judges an additional amount not to exceed the sum of Two Thousand Five Hundred Dollars ($2,500.00) per year * * *. In any county having a population greater than eight thousand (8,000) but less than eight thousand five hundred (8,500) according to the 1990 federal decennial census and in which U.S. Highway 61 and Mississippi Highway 4 intersect, the board of supervisors may, in its discretion, pay such justice court judge an additional amount not to exceed the sum of Two Thousand Dollars ($2,000.00) per year.

(2) Notwithstanding the provisions of subsection (1) of this section, in the event that the number of justice court judges authorized pursuant to Section 9-11-2(1) is exceeded pursuant to the provisions of Section 9-11-2(4), the aggregate of the salaries paid to the justice court judges of such a county shall not exceed the amount sufficient to pay the number of justice court judges authorized pursuant to Section 9-11-2(1) and such amount shall be equally divided among those justice court judges continuing to hold office under the provisions of Section 9-11-2(4).

(3) From and after January 1, 1984, all fees, costs, fines and penalties charged and collected in the justice court shall be paid to the clerk of the justice court for deposit, along with monies from cash bonds and other monies which have been forfeited in criminal cases, into the general fund of the county as provided in Section 9-11-19; and the clerk of the board of supervisors shall be authorized and empowered, upon approval by the board of supervisors, to make disbursements and withdrawals from the general fund of the county in order to pay any reasonable and necessary expenses incurred in complying with this section, including payment of the salaries of justice court judges as provided by subsection (1) of this section. The provisions of this subsection shall not, except as to cash bonds and other monies which have been forfeited in criminal cases, apply to monies required to be deposited in the justice court clerk clearing account as provided in Section 9-11-18, Mississippi Code of 1972.

(4) The salaries provided for in subsection (1) of this section shall be payable monthly by warrant drawn by the clerk of the board of supervisors on the general fund of the county.

(5) The salary increases authorized under Chapter 550, Laws of 1993 (House Bill No. 1074, 1993 Regular Session), shall be fully applicable to any justice court judge during his term of office, disregarding any reduction in population of his county as a result of the 1990 federal decennial census.

(6) Any justice court judge who is unable to attend and hold court by reason of being under suspension by the Commission on Judicial Performance or the Mississippi Supreme Court shall not receive a salary while under such suspension.

(7) No increase in compensation under this section shall take effect in any year other than the first year of the four-year term of office for which the justice court judge was elected, and in no event prior to October 1, 1997. In any case where an increase has taken effect pursuant to this section, such amount shall not be reduced as a result of a reduction in total assessed valuation during the four-year term of office for which the justice court judge was elected.

From and after October 1, 1997, in addition to the compensation provided for in this section, the board of supervisors of any county, in its discretion, may pay the justice court judges of such county an additional amount not to exceed five percent (5%) of the maximum allowable compensation prescribed herein, which shall be adopted and spread on the minutes of such board on or before October 1, 1997. In the same manner the board of supervisors, in its discretion, may pay the justice court judge an additional amount not to exceed five percent (5%) of that sum previously authorized, to take effect on October 1 of the first year of the four-year term of office for which the judge was elected, which shall be adopted and spread on the minutes on or before October 1 of the previous fiscal year. Provided, however, that no such additional increase in compensation under this subsection shall take effect unless the board of supervisors by resolution also approves the same percentage increase in compensation for members of the board of supervisors of such county, the tax collector and tax assessor of such county, the sheriff of such county and the registrar of such county, as authorized by law, to take effect on the same date.

SECTION 19. Section 5-1-51, Mississippi Code of 1972, is amended as follows:

5-1-51. (1) The mileage and one-third (1/3) of the salary for a regular session may be received at the beginning of the session. After thirty (30) days of the session have expired another one-third (1/3) may be received and the remainder at the close of the session. Provided that the remaining one-third (1/3) of their salaries of any regular session and the remainder of the unpaid salaries of the Lieutenant Governor, President Pro Tempore of the Senate and the Speaker of the House be payable immediately upon both houses terminating the consideration of all bills. If the member of the Legislature, or Lieutenant Governor, or Speaker of the House does not file a written authorization to have his salary paid as provided in subsection (2) of this section, his salary shall be paid at the time and in the manner provided in this subsection.

(2) If, however, any member of the Legislature, or the Lieutenant Governor, or Speaker of the House files a written authorization with the Clerk of the House, or the Secretary of the Senate, as the case may be, depending upon the legislative body in which he holds office, authorizing the payment of his salary in the manner specified below, such authorization shall be binding upon him and his estate, and the method and manner of payment specified below shall not be changed, in any event, during the remainder of his term of office in which he has given such written authorization: * * * a member of the House of Representatives, or a member of the Senate, giving such authorization, shall receive his salary in twelve (12) equal installments per year.

 * * *

SECTION 20. Section 25-11-15, Mississippi Code of 1972, is amended as follows:

25-11-15. (1) Board of trustees: The general administration and responsibility for the proper operation of the Public Employees' Retirement System and the federal-state agreement and for making effective the provisions of Articles 1 and 3 are hereby vested in a board of trustees.

(2) The board shall consist of ten (10) trustees, as follows:

(a) The State Treasurer;

(b) One (1) member who shall be appointed by the Governor for a term of four (4) years, who shall be a member of the system;

(c) Two (2) members of the system having at least ten (10) years of creditable service who shall be state employees who shall not be employees of the institutions of higher learning, who shall be elected by members of the system who are employees of state agencies and by members of the Mississippi Highway Safety Patrol Retirement System, but not including the employees of the institutions of higher learning;

(d) Two (2) members of the system having at least ten (10) years of creditable service who shall not hold office in the legislative or judicial departments of municipal or county government, one (1) of whom shall be an employee of a municipality, instrumentality or juristic entity thereof who shall be elected by members of the system who are employees of the municipalities, instrumentalities or juristic entities thereof and by members of the municipal systems and the firemen's and policemen's disability and relief funds administered by the board of trustees, and one (1) of whom shall be an employee of a county, instrumentality or juristic entity thereof who shall be elected by members of the system who are employees of the counties, instrumentalities or juristic entities thereof;

(e) One (1) member of the system having at least ten (10) years of creditable service who shall be an employee of an institution of higher learning who shall be elected by members of the system who are employees of the state institutions of higher learning as included in Section 37-101-1. Any member of the board on July 1, 1984, who is an employee of an institution of higher learning shall serve as the member trustee representing the institutions of higher learning until the end of the term for which he was elected;

(f) Two (2) retired members who are receiving a retirement allowance from the system who shall be elected by the retired members or beneficiaries receiving a retirement allowance from the system and by the retired members or beneficiaries of the municipal systems, the firemen's and policemen's disability and relief funds and the Mississippi Highway Safety Patrol Retirement System administered by the board of trustees, to serve for a term of six (6) years under rules and regulations adopted by the board to govern such election; however, any retired member of the board in office on April 19, 1993, shall serve as a retired trustee until the end of the term for which he was elected;

(g) One (1) member of the system having at least ten (10) years of creditable service who shall be an employee of any public school district or junior college or community college district that participates in the system, who shall be elected by the members of the system who are employees of any public school district or junior college or community college district; however, any member of the board on June 30, 1989, who is a certified classroom teacher shall serve as the member representing a classroom teacher until the end of the term for which the member was appointed;

(h) In the first election to be held for trustees one (1) member shall be elected for a term of two (2) years, and one (1) member for a term of four (4) years, and one (1) member for a term of six (6) years. Thereafter, their successors shall be elected for terms of six (6) years. All elections shall be held in accordance with rules and regulations adopted by the board to govern such elections and the board shall be the sole judge of all questions arising incident to or connected with the elections;

(i) Any person eligible to vote for the election of a member of the board of trustees and who meets the qualifications for the office may seek election to such office and serve if elected. For purposes of determining eligibility to seek office as a member of the board of trustees, the required creditable service in "the system" shall include each system administered by the board of trustees in which such person is a member.

The members described above and serving on the board on June 30, 1989, shall continue to serve on the board until the expiration of their terms.

(3) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. However, if the unexpired term is six (6) months or less, an election shall be held to fill the office vacated for the next succeeding full term of office, and the person so elected to fill the next full term shall be appointed by the board to fill the remainder of the unexpired term. Whenever any member who is elected to a position to represent a class of members ceases to be a member of that class, that board member is no longer eligible for membership on the board. The position shall be declared vacant, and the unexpired term shall be filled in the same manner as the office was previously filled.

(4) Each trustee shall, within ten (10) days after his appointment or election, take an oath of office as provided by law and, in addition, shall take an oath that he will diligently and honestly administer the affairs of the said board, and that he will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to Articles 1 and 3. Such oath shall be signed by the member making it, certified by the officer before whom it is taken, and immediately filed in the office of the Secretary of State.

(5) Each trustee shall be entitled to one (1) vote. Six (6) members shall constitute a quorum at any meeting of said board, and a majority of those present shall be necessary for a decision.

(6) Subject to the limitations of Articles 1 and 3, the board shall establish rules and regulations for the administration of the system created by said articles and for the transaction of its business, and to give force and effect to the provisions of said articles wherever necessary to carry out the intent and purposes of the Legislature. The cited articles are remedial law and shall be liberally construed to accomplish their purposes.

(7) Notwithstanding any other law to the contrary, in the event of a natural disaster or other occurrence that results in the failure of the retirement system's computer system or a significant disruption of the normal activities of the retirement system, the executive director of the board, or his deputy, shall be authorized to contract with another entity, governmental or private, during the period of such failure or disruption, for services, commodities, work space and supplies as necessary to carry out the administration of all systems and programs administered by the board. The board shall be authorized to pay the reasonable cost of such services, commodities, work space and supplies. At the meeting of the board next following the execution of a contract authorized pursuant to this subsection, documentation of the contract, including a description of the services, commodities, work space or supplies, the price thereof and the nature of the disaster or occurrence, shall be presented to the board and placed on the minutes of the board. Because of their emergency nature, purchases made pursuant to this subsection shall not be required to comply with the provisions of Section 31-7-13 or any other law governing public purchases.

(8) Except as otherwise provided in subsection (7) of this section, in its acquisition of computer equipment, services and software, the board shall submit to the Mississippi Department of Information Technology Services for review and comment all proposals over Fifteen Thousand Dollars ($15,000.00), but less than Fifty Thousand Dollars ($50,000.00), for the acquisition of computer equipment, services and software. The Mississippi Department of Information Technology Services shall furnish its written recommendations to the board within thirty (30) days of its receipt of the proposal. In the event that the Mississippi Department of Information Technology Services finds that alternatives should be considered with respect to a proposed acquisition and if the board elects by two-thirds (2/3) vote to deviate from these recommendations, the board shall spread upon its minutes the reasons for its decision not to act on such recommendations. From and after April 15, 1990, any acquisition of computer equipment, services and software by the board in the amount of Fifty Thousand Dollars ($50,000.00) or more is subject to approval by the Mississippi Department of Information Technology Services; and, in responding to a request of approval therefor, the Mississippi Department of Information Technology Services shall reply within thirty (30) days of its receipt of such request from the board. The computer equipment and software owned by the Public Employees' Retirement System are assets of the trust fund by virtue of the Constitution, Section 272-A, and acquisition and operation thereof shall be under the jurisdiction of the Public Employees' Retirement System.

(9) The board shall elect a chairman and shall by a majority vote of all of its members appoint a secretary whose title shall be executive director, who shall serve at the will and pleasure of the board, who shall not be a member of the board of trustees, who shall be entitled to membership in the system, and who shall act as secretary of the board. The board of trustees shall employ such actuarial, clerical and other employees as shall be required to transact the business of the system, and shall fix the compensation of all employees, subject to the rules and regulations of the State Personnel Board.

(10) Each member of the board shall receive as compensation for his services Three Hundred Dollars ($300.00) per month. All members of said board shall be reimbursed for their necessary traveling expenses which shall be paid in accordance with the requirements of Section 25-3-41 or other applicable statutes with respect to traveling expenses of state officials and employees on official business. All members of said board shall be entitled to be members of the system and shall be entitled to creditable service for all time served as a member of said board except the retired member who shall not be entitled to be a member of the system and who shall be eligible to receive the retirement allowance and compensation for services from the system while serving as a member of the board.

(11) All expenses of the board incurred in the administration of Articles 1 and 3 shall be paid from such funds as may be appropriated by the Legislature for such purpose or from administrative fees collected from political subdivisions or juristic entities of the state. Each political subdivision of the state and each instrumentality of the state or of a political subdivision or subdivisions which submit a plan for approval by the board as provided in Section 25-11-11 shall reimburse the board, for coverage into the administrative expense fund, its pro rata share of the total expense of administering Articles 1 and 3 as provided by regulations of said board.

(12) There shall be an investment advisory board to provide advice and counsel to the board of trustees regarding the investment of the funds of the system. The advisory board shall consist of three (3) members, one (1) appointed by the Governor, one (1) appointed by the Lieutenant Governor, and one (1) appointed by the Speaker of the House of Representatives. Each member of the advisory board shall be someone who is not a public employee who has had at least ten (10) years' experience in investment banking or commercial banking or who has had at least ten (10) years' professional experience in managing investments. Each member of the advisory board shall serve for a term concurrent with the term of the appointing authority. Any vacancy on the advisory board shall be filled by appointment of the original appointing authority for the remainder of the unexpired term. Members of the advisory board shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties, as provided in Section 25-3-41 for state officers and employees. The advisory board shall operate under the rules and regulations of the board of trustees and shall meet at such times as determined by the board of trustees.

(13) The Lieutenant Governor may designate two (2) Senators and the Speaker of the House of Representatives may designate two (2) Representatives to attend any meeting of the Board of Trustees of the Public Employees' Retirement System. The appointing authorities may designate alternate members from their respective houses to serve when the regular designees are unable to attend such meetings of the board. Such legislative designees shall have no jurisdiction or vote on any matter within the jurisdiction of the board. For attending meetings of the board, such legislators shall receive the per diem compensation as provided in Section 25-3-69 plus an expense allowance as provided in Section 5-1-47 which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the board will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the board without prior approval of the proper committee in their respective houses.

SECTION 21. Section 31-25-107, Mississippi Code of 1972, is amended as follows:

31-25-107. (1) There is hereby created, for the purposes of oversight and review, a joint legislative committee to be comprised of six (6) members, three (3) to be appointed by the Speaker of the House from the membership of the Mississippi House of Representatives, one (1) from each Supreme Court district, as such districts existed on January 1, 1989, and three (3) to be appointed by the President of the Senate from the membership of the Mississippi Senate, one (1) from each Supreme Court district, as such districts existed on January 1, 1989. The committee shall provide oversight and review of all bond transactions authorized by this article and shall render any necessary advice in order to accomplish the purposes of this article.

(2) The six (6) members of the committee shall receive a per diem compensation as provided in Section 25-3-69 for each day or fraction thereof occupied with the discharge of duties and shall be entitled to an expense allowance, including mileage, as provided in Section 5-1-47.

SECTION 22. Section 37-135-15, Mississippi Code of 1972, is amended as follows:

37-135-15. (1) There is hereby established the Mississippi Education Council composed of the members of the Education Commission of the States representing the State of Mississippi, and eight (8) other persons appointed by the Governor for terms of three (3) years. Such other persons shall be selected so as to be broadly representative of professional and lay interests within this state having the responsibilities for, knowledge with respect to, and interest in educational matters. The chairman shall be designated by the Governor from among its members. The council shall meet on the call of its chairman or at the request of a majority of its members, but in any event the council shall meet not less than three (3) times in each year. The council may consider any and all matters relating to recommendations of the Education Commission of the States and the activities of the members in representing this state thereon.

(2) The members of the Education Commission of the States appointed or designated to represent the State of Mississippi shall receive a per diem compensation as provided in Section 25-3-69 for each day or fraction thereof occupied with the discharge of duties and shall be entitled to an expense allowance, including mileage, as provided in Section 5-1-47.

SECTION 23. Section 49-15-103, Mississippi Code of 1972, is amended as follows:

49-15-103. (1) In pursuance of Article III of said compact there shall be three (3) members (hereinafter called commissioners) of the Gulf States Marine Commission (hereinafter called commission) from the State of Mississippi. The first commissioner from the State of Mississippi shall be President of the Mississippi Seafood Commission of the State of Mississippi ex officio; and the term of any such ex officio commissioner shall terminate at the time the said commissioner ceases to hold said office of President of the Mississippi Seafood Commission, and his successor as a member of this commission shall be his successor as President of the Mississippi Seafood Commission. The second commissioner from the State of Mississippi shall be a legislator; and the term of any such ex officio commissioner shall terminate at the time he ceases to hold said legislative office, and his successor as commissioner shall be named in like manner. The Governor (by and with the advice and consent of the Senate) shall appoint a citizen as a third commissioner, who shall have a knowledge of the marine fisheries problems. The term of said commissioner shall be for a period of three (3) years and, in addition, he shall serve until his successor shall be appointed and qualified. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled by appointment by the Governor (by and with the advice and consent of the Senate) for the unexpired term. The President of the Mississippi Seafood Commission, as ex officio commissioner, may delegate from time to time, to any deputy or other member of the Mississippi Seafood Commission, the power to be present and participate, including voting as his representative, or substitute at any meeting of or hearing by or other proceeding of the commission.

(2) The three (3) members of the commission appointed or designated to represent the State of Mississippi shall receive a per diem compensation as provided in Section 25-3-69 for each day or fraction thereof occupied with the discharge of duties and shall be entitled to an expense allowance, including mileage, as provided in Section 5-1-47.

SECTION 24. Section 55-17-3, Mississippi Code of 1972, is amended as follows:

55-17-3. A special advisory committee for the International Gardens of Mississippi is hereby created which shall consist of two (2) members of the Department of Horticulture of Mississippi State University, as selected by the President of Mississippi State University, three (3) members of the Senate to be appointed by the Lieutenant Governor, three (3) members of the House of Representatives to be appointed by the Speaker of the House, and four (4) members to be appointed by the Governor, one (1) of whom shall be a resident of each of the Supreme Court districts and one (1) of whom shall be a resident of Copiah County. At least one (1) of the members of the committee shall be a woman. The terms of office of the legislative members shall be concurrent with the term of office for which they were elected. The term of office of the official nonlegislative appointees shall terminate on January 1, 1977, and the terms of office of their successor shall terminate on January 1 every four (4) years thereafter.

The members of the committee appointed or designated shall receive a per diem compensation as provided in Section 25-3-69 for each day or fraction thereof occupied with the discharge of duties and shall be entitled to an expense allowance, including mileage, as provided in Section 5-1-47. Legislative members shall not receive such per diem or expense reimbursement while the Legislature is in session.

SECTION 25. Section 57-33-3, Mississippi Code of 1972, is amended as follows:

57-33-3. (1) No section, article or provision contained herein shall be construed so as to prohibit, restrict or restrain the action of any individual member state, or the action of any county or municipal government within the boundaries of any individual member state, nor shall any delegate from the State of Mississippi be authorized by this Legislature to cast any vote that would in any manner restrict the sovereign rights presently granted to or retained by this state under the United States Constitution or the rights of any local governments granted by the Constitution of the State of Mississippi or by statutory acts of the Legislature.

(2) The five (5) members of the board appointed or designated to represent the State of Mississippi shall receive a per diem compensation as provided in Section 25-3-69 for each day or fraction thereof occupied with the discharge of duties and shall be entitled to an expense allowance, including mileage, as provided in Section 5-1-47.

SECTION 26. Section 83-36-9, Mississippi Code of 1972, is amended as follows:

83-36-9. (1) Within forty-five (45) days following the activation of the association, the directors of the association shall submit to the commissioner for review a proposed plan of operation consistent with the provisions of this chapter.

(2) The plan of operation shall provide for economic, fair and nondiscriminatory administration, and for the prompt and efficient provision of medical malpractice insurance, and shall contain other provisions including, but not limited to, preliminary assessment of all members for initial expenses necessary to commence operations, establishment of necessary facilities, management of the association, assessment of members to defray losses and expenses, arrangements by the commissioner, reasonable and objective underwriting standards, acceptance and cessation of reinsurance, appointment of servicing carriers or other servicing arrangements, and procedures for determining amount of insurance to be provided by the association. Any such plan of operation approved by the commissioner shall provide that the policies shall be written and countersigned by a duly licensed qualified Mississippi agent.

(3) The plan of operation shall be subject to approval by the commissioner after consultation with the Mississippi State Medical Association, Mississippi Nurses' Association and Mississippi Hospital Association, representatives of the public, and other affected individuals and organizations. If the commissioner disapproves all or any part of the proposed plan of operation, the directors shall, within fifteen (15) days, submit for review an appropriate revised plan of operation or part thereof. If the directors fail to do so, the commissioner shall promulgate a plan of operation or part thereof, as the case may be. The plan of operation approved or promulgated by the commission shall become effective upon order of the commissioner.

(4) Amendments to the plan of operation may be made by the directors of the association, subject to the approval of the commissioner, or shall be made at the direction of the commissioner.

(5) There shall be a legislative committee for continuing study, evaluation and review which shall be composed of three (3) members of the Senate, one (1) of whom shall be the Chairman of the Senate Committee on Insurance and two (2) of whom shall be appointed by the Lieutenant Governor; and three (3) members of the House of Representatives, one (1) of whom shall be the Chairman of the House Committee on Insurance and two (2) of whom shall be appointed by the Speaker of the House of Representatives. The committee shall maintain a continuing evaluation and review of the malpractice insurance program and needs, and shall report to each regular session of the Legislature on the total activities of the association and malpractice insurance needs of the State of Mississippi.

The members of the committee shall receive the per diem compensation authorized in Section 25-3-69 for each day or fraction thereof occupied with the discharge of duties, and shall be entitled to an expense allowance from the association, including mileage, as provided in Section 5-1-47.

SECTION 27. Section 31-11-3, Mississippi Code of 1972, is amended as follows:

31-11-3. (1) The Department of Finance and Administration, for the purposes of carrying out the provisions of this chapter, in addition to all other rights and powers granted by law, shall have full power and authority to employ and compensate architects or other employees necessary for the purpose of making inspections, preparing plans and specifications, supervising the erection of any buildings, and making any repairs or additions as may be determined by the Department of Finance and Administration to be necessary, pursuant to the rules and regulations of the State Personnel Board. The department shall have entire control and supervision of, and determine what, if any, buildings, additions, repairs or improvements are to be made under the provisions of this chapter, subject to the approval of the Public Procurement Review Board.

(2) The department shall have full power to erect buildings, make repairs, additions or improvements, and buy materials, supplies and equipment for any of the institutions or departments of the state subject to the approval of the Public Procurement Review Board. In addition to other powers conferred, the department shall have full power and authority as directed by the Legislature, or when funds have been appropriated for its use for these purposes, to:

(a) Build a state office building;

(b) Build suitable plants or buildings for the use and housing of any state schools or institutions, including the building of plants or buildings for new state schools or institutions, as provided for by the Legislature;

(c) Provide state aid for the construction of school buildings;

(d) Promote and develop the training of returned veterans of the United States in all sorts of educational and vocational learning to be supplied by the proper educational institution of the State of Mississippi, and in so doing allocate monies appropriated to it for these purposes to the Governor for use by him in setting up, maintaining and operating an office and employing a state director of on-the-job training for veterans and the personnel necessary in carrying out Public Law No. 346 of the United States;

(e) Build and equip a hospital and administration building at the Mississippi State Penitentiary;

(f) Build and equip additional buildings and wards at the Boswell Retardation Center;

(g) Construct a sewage disposal and treatment plant at the state insane hospital, and in so doing acquire additional land as may be necessary, and to exercise the right of eminent domain in the acquisition of this land;

(h) Build and equip the Mississippi central market and purchase or acquire by eminent domain, if necessary, any lands needed for this purpose;

(i) Build and equip suitable facilities for a training and employing center for the blind;

(j) Build and equip a gymnasium at Columbia Training School;

(k) Approve or disapprove the expenditure of any money appropriated by the Legislature when authorized by the bill making the appropriation;

(l) Expend monies appropriated to it in paying the state's part of the cost of any street paving;

(m) Sell and convey state lands when authorized by the Legislature, cause said lands to be properly surveyed and platted, execute all deeds or other legal instruments, and do any and all other things required to effectively carry out the purpose and intent of the Legislature. Any transaction which involves state lands under the provisions of this paragraph shall be done in a manner consistent with the provisions of Section 29-1-1;

(n) Collect and receive from educational institutions of the State of Mississippi monies required to be paid by these institutions to the state in carrying out any veterans' educational programs; and

(o) Purchase lands for building sites, or as additions to building sites, for the erection of buildings and other facilities which the department is authorized to erect, and demolish and dispose of old buildings, when necessary for the proper construction of new buildings. Any transaction which involves state lands under the provisions of this paragraph shall be done in a manner consistent with the provisions of Section 29-1-1.

(3) The department shall survey state-owned and state-utilized buildings to establish an estimate of the costs of architectural alterations, pursuant to the Americans with Disabilities Act of 1990, 42 USCS Section 12111 et seq. The department shall establish priorities for making the identified architectural alterations and shall make known to the Legislative Budget Office and to the Legislature the required cost to effectuate such alterations. To meet the requirements of this section, the department shall use standards of accessibility that are at least as stringent as any applicable federal requirements and may consider:

(a) Federal minimum guidelines and requirements issued by the United States Architectural and Transportation Barriers Compliance Board and standards issued by other federal agencies;

(b) The criteria contained in the American Standard Specifications for Making Buildings Accessible and Usable by the Physically Handicapped and any amendments thereto as approved by the American Standards Association, Incorporated (ANSI Standards);

(c) Design manuals;

(d) Applicable federal guidelines;

(e) Current literature in the field;

(f) Applicable safety standards; and

(g) Any applicable environmental impact statements.

(4) The department shall observe the provisions of Section 31-5-23 in letting contracts and shall use Mississippi products, including paint, varnish and lacquer which contain as vehicles tung oil and either ester gum or modified resin (with rosin as the principal base of constituents), and turpentine shall be used as a solvent or thinner, where these products are available at a cost not to exceed the cost of products grown, produced, prepared, made or manufactured outside of the State of Mississippi.

(5) The department shall have authority to accept grants, loans or donations from the United States government or from any other sources for the purpose of matching funds in carrying out the provisions of this chapter.

(6) The department shall build a wheelchair ramp at the War Memorial Building which complies with all applicable federal laws, regulations and specifications regarding wheelchair ramps.

(7) The department shall review and preapprove all architectural or engineering service contracts entered into by any state agency, institution, commission, board or authority regardless of the source of funding used to defray the costs of the construction or renovation project for which services are to be obtained. The provisions of this subsection (7) shall not apply to any architectural or engineering contract paid for by self-generated funds of any of the state institutions of higher learning, nor shall they apply to community college projects that are funded from local funds or other nonstate sources which are outside the Department of Finance and Administration's appropriations or as directed by the Legislature. The provisions of this subsection (7) shall not apply to any construction or design projects of the State Military Department that are funded from federal funds or other nonstate sources.

(8) The department shall have the authority to obtain annually from the state institutions of higher learning information on all building, construction and renovation projects including duties, responsibilities and costs of any architect or engineer hired by any such institutions.

(9) Contracts let or approved by the State Prison Emergency Construction and Management Board when it exercises its emergency powers to remove two thousand (2,000) inmates from county jails are exempt from this section; however, this exemption does not apply to contracts for the construction of private correctional facilities and additional facilities at the South Mississippi Correctional Institution and the Central Mississippi Correctional Facility. This subsection shall stand repealed from and after July 1, 1996.

(10) The President of the Senate may designate two (2) Senators and the Speaker of the House of Representatives may designate two (2) Representatives to serve as liaisons between the Legislature and the Department of Finance and Administration with respect to the execution by the department of its duties under this chapter consistent with legislative intent. The appointing authorities may designate alternate members from their respective houses to serve when the regular designees are unable to serve. Such legislative designees shall have no jurisdiction or vote on any matter within the jurisdiction of the department. For attending meetings with the department in their capacity as legislative liaisons, such legislators shall receive per diem as provided in Section 25-3-69 and an expense allowance, including mileage, as provided in Section 5-1-47, which shall be paid from the contingent expense funds of their respective houses; however, no per diem and expense allowance will be paid while the Legislature is in session. No per diem and expense allowance will be paid except for attending meetings with the department in their capacity as legislative liaisons without prior approval of the proper committee in their respective houses.

SECTION 28. All new programs authorized in this act are subject to the availability of funds specifically appropriated therefor by the Legislature.

SECTION 29. The Attorney General of the State of Mississippi is hereby directed to submit appropriate sections 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 30. Sections 1, 2, 4 and 19 through 29 of this act shall take effect and be in force from and after July 1, 1997; Sections 3, 7, 8, 9, 10 and 11 of this act shall take effect and be in force from and after October 1, 1997, or the date they are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, whichever date occurs later; Sections 12, 13, 14, 16 and 17 of this act shall take effect and be in force from and after January 1, 1997, or the date they are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, whichever date occurs later; Section 15 of this act shall take effect and be in force from and after July 1, 1997; Sections 5 and 6 of this act shall take effect and be in force from and after October 1, 1997; and Section 18 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.