MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Fees and Salaries of Public Officers; Appropriations

By: Representative Horne

House Bill 1409

AN ACT TO AMEND SECTION 25-3-39, MISSISSIPPI CODE OF 1972, TO DELETE THE EXEMPTION OF CERTAIN PUBLIC OFFICERS, PUBLIC EMPLOYEES, ADMINISTRATORS OR EXECUTIVE HEADS OF ANY ARM OR AGENCY OF THE STATE, IN THE EXECUTIVE BRANCH OF GOVERNMENT, FROM THE PROHIBITION AGAINST BEING PAID MORE THAN A CERTAIN AMOUNT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  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, except the Governor, shall be paid a salary or compensation, directly or indirectly, greater than One Hundred Twenty Thousand Dollars ($120,000.00). The salaries of 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, who were paid more than One Hundred Twenty Thousand Dollars ($120,000.00) before the effective date of House Bill No.­                      _­___, 2004 Regular Session, shall continue to receive such salary but shall not receive an increase in the salary over the amount such persons were receiving before the effective date of House Bill No. ____­, 2004 Regular Session. * * *

     (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. * * * 

     (3)  No agency or institution funded in whole or in part or by state funds shall pay a salary in excess of the salary provided in subsection (1) of this section.

     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 the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.