MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Fees and Salaries of Public Officers; Appropriations

By: Representative Reeves, Guice

House Bill 99

(As Sent to Governor)

AN ACT TO AMEND SECTION 25-3-33, MISSISSIPPI CODE OF 1972, TO REMOVE THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF MENTAL HEALTH FROM THE OMNIBUS PAY PROVISION; TO AMEND SECTION 25-3-39, MISSISSIPPI CODE OF 1972, TO EXEMPT PROFESSIONAL EMPLOYEES OF THE DEPARTMENT OF MENTAL HEALTH FROM THE GOVERNOR'S SALARY CAP; 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 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

 * * *

     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 Commission65,000.00

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 District65,000.00

Executive Director, Pearl River Basin Development District............................................ 61,000.00

Executive Director, Pearl River Valley Water Supply District............................................ 71,000.00

Executive Director, Tombigbee River Valley Water Management District.................................... 61,000.00

Director, Soil and Water Conservation Commission. 60,000.00

Commissioner, Mississippi Department of Corrections85,000.00

Executive Director, Mississippi Department of Information Technology Services......................... 85,000.00

Director, Mississippi Bureau of Narcotics........ 60,000.00

Executive Secretary, State Veterans Affairs Board55,000.00

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, 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 Commission90,000.00

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 Commission70,000.00

     SECTION 2.  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, in the executive branch of government, shall be paid a salary or compensation, directly or indirectly, in excess of the salary fixed in Section 25-3-31 for the Governor.  All academic officials, members of the teaching staffs and employees of the state institutions of higher learning, the State Board for Community and Junior Colleges, and community and junior colleges, and licensed physicians who are public employees, shall be exempt from this subsection.  In addition, the Executive Director of the Department of Economic and Community Development and the Chief of Staff of the Governor's Office shall be exempt from this subsection.  The Governor shall fix the annual salary of the Executive Director of the Department of Economic and Community Development and the annual salary of the Chief of Staff of the Governor's Office, which salaries shall be completely paid by the state and may not be supplemented with any funds from any source, including federal or private funds.  Provided, however, that the salary of the Executive Director of the Department of Economic and Community Development and the Governor's Chief of Staff shall not be greater than fifty percent (50%) in excess of the salary of the Governor.  Furthermore, all professional employees who hold a bachelor's degree or more advanced degree from an accredited four-year college or university or a certificate or license issued by a state licensing board, commission or agency and who are employed by the Department of Mental Health shall be exempt from this subsection if the State Personnel Board approves the exemption.

     (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 physicians and actuaries from this subsection when the acquisition of such professional services is precluded based on the prevailing wage in the relevant labor market.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2003.