MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Fees and Salaries of Public Officers; Appropriations

By: Representative Bowles

House Bill 876

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

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

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

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

Deputy Attorney General, not to exceed $72,800.00

Assistant Attorneys General shall each

receive annual salaries in an amount

to be fixed by the Attorney General

but not to exceed 68,400.00

Military Department--National Guard:

Adjutant General 80,000.00

Department of Banking and Consumer Finance:

Commissioner 85,000.00

Chairman of the State Tax Commission

(Commissioner of Revenue) 91,000.00

Associate Commissioners, each 42,000.00

Director of Emergency Management Agency 65,000.00

Department of Public Safety:

Commissioner of Public Safety 80,000.00

Director, Office of Mississippi

Highway Safety Patrol, or his successor 70,000.00

Director, Office of Support Services,

or his successor 70,000.00

Department of Human Services:

Director, not to exceed 85,000.00

Workers' Compensation Commission:

Chairman 80,000.00

Members, each 78,000.00

Executive Director 75,000.00

Administrative Judge, each 75,000.00

Archives and History:

Director, not to exceed 70,000.00

State Forester 70,000.00

State Oil and Gas Board:

Secretary-Supervisor 70,000.00

Educational Television Authority:

Executive Director 70,000.00

Director, Mississippi Library Commission,

not to exceed 70,000.00

Executive Secretary, Public Service

Commission 65,000.00

Parole Board:

Chairman 50,000.00

Administrative Assistant for

Parole Matters 42,000.00

Members, each 44,000.00

Governor's State Bond Advisory Division:

Director 55,000.00

Employment Security Commission:

Executive Director, not to exceed 70,000.00

Executive Director, Department of

Mental Health, to be determined by the

State Board of Mental Health, not to

exceed 85,000.00

Director, Division of Medicaid,

not to exceed 85,000.00

Director, State Department of Transportation,

not to exceed 85,000.00

State Entomologist 65,000.00

Clerk of the Supreme Court 60,000.00

State Aid Engineer, Division of State

Aid Road Construction 70,000.00

Executive Director, Judicial Performance

Commission 65,000.00

Executive Director, Department of Finance

and Administration 85,000.00

Superintendent, Mississippi School for the

Blind, to be determined by the State Board

of Education, not to exceed 65,000.00

Superintendent, Mississippi School for the Deaf,

to be determined by the State Board

of Education, not to exceed 65,000.00

Executive Director, State Fair Commission 65,000.00

Executive Director, Department of Wildlife,

Fisheries and Parks 80,000.00

Executive Director, Department of Environmental

Quality 85,000.00

Executive Director, Pat Harrison Waterway

District 65,000.00

Executive Director, Pearl River Basin

Development District 61,000.00

Executive Director, Pearl River Valley Water

Supply District 61,000.00

Executive Director, Tombigbee River Valley

Water Management District 61,000.00

Director, Soil and Water Conservation

Commission 60,000.00

Commissioner, Mississippi Department of

Corrections 85,000.00

Executive Director, Mississippi Department of

Information Technology Services 85,000.00

Executive Director, Mississippi Industries

for the Blind 60,000.00

Director, Mississippi Bureau of Narcotics 60,000.00

Executive Secretary, State Veterans Affairs

Board 55,000.00

Executive Officer, Veterans' Home Purchase

Board 65,000.00

Chief Administrative Officer, Motor Vehicle

Commission 55,000.00

Stadium Manager, Mississippi Veterans

Memorial Stadium 55,000.00

Executive Director, Mississippi Arts

Commission 55,000.00

Director, Mississippi Board of Nursing 60,000.00

Director, State Board of Pharmacy 60,000.00

Director, State Board of Public Contractors 50,000.00

Director, Real Estate Commission 55,000.00

Director of Support Services, Department

of Rehabilitation Services 80,000.00

Executive Director, Department of

Economic and Community Development 85,000.00

Executive Director, State Fire Academy 55,000.00

Executive Director, Law Enforcement

Officers Training Academy 50,000.00

Executive Director, State Board of

Accountancy 60,000.00

Executive Director, Mississippi

Gaming Commission 90,000.00

Executive Director, Mississippi

Department of Marine Resources 70,000.00

Executive Director, State Board of

Registration for Professional

Engineers and Land Surveyors 55,000.00

Executive Director, Public Utilities

Staff 85,000.00

State Law Librarian 60,000.00

State Personnel Director 75,000.00

Manager, Farmers Central Market,

Department of Agriculture and

Commerce 40,000.00

State Veterinarian 70,000.00

Executive Director, Mississippi Ethics

Commission 70,000.00

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

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

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

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

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

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

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

SECTION 4. This act shall take effect and be in force from and after July 1, 1998.