MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Education

By: Representative Banks

House Bill 1120

AN ACT TO AMEND SECTION 37-9-37, MISSISSIPPI CODE OF 1972, TO PROHIBIT SCHOOL DISTRICT SUPERINTENDENTS FROM RECEIVING INCOME SUPPLEMENTAL TO THE SALARY PAID BY THE SCHOOL DISTRICT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-9-37, Mississippi Code of 1972, is amended as follows:

     37-9-37.  (1)  The amount of the salary to be paid any superintendent, principal or licensed employee shall be fixed by the school board, provided that the requirements of Chapter 19 of this title are met as to superintendents, principals and licensed employees paid in whole or in part from adequate education program funds.  In employing such superintendents, principals and licensed employees and in fixing their salaries, the school boards shall take into consideration the character, professional training, experience, executive ability and teaching capacity of the licensed employee, superintendent or principal.  It is the intent of the Legislature that whenever the salary of the school district superintendent is set by a school board, the board shall take into consideration the amount of money that the district spends per pupil, and shall attempt to insure that the administrative cost of the district and the amount of the salary of the superintendent are not excessive in comparison to the per pupil expenditure of the district. 

     (2)  The salary established by the school board for the school district superintendent pursuant to subsection (1) of this section must be paid out of the funds of the school district and must be the full and complete compensation for the duties rendered by the school superintendent.  A school district superintendent may not be paid any compensation, salary, fee, grant, donation or income from any public or private source to supplement the salary established pursuant to subsection (1); however, this subsection shall not prohibit any school superintendent from accepting honoraria for public speaking engagements.

     SECTION 2.  The Attorney General of the State of Mississippi shall submit 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 3.  This act shall take effect and be in force from and after July 1, 2002, if it is effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended.  If it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after July 1, 2002, this act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.