MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Fees, Salaries and Administration; Appropriations

By: Senator(s) Thames, Gordon

Senate Bill 2211

AN ACT TO AMEND SECTION 25-31-8, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AMOUNT OF OFFICE OPERATING ALLOWANCE AUTHORIZED FOR EACH ASSISTANT DISTRICT ATTORNEY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 25-31-8, Mississippi Code of 1972, is amended as follows:

     25-31-8.  From and after July 1, 2006, in all circuit court districts in this state existing now or hereafter created, the district attorney shall receive from sums appropriated for such purpose from the General Fund or any special fund of the State of Mississippi, an office operating allowance for the necessary expenses of operating the office of the district attorney, including stenographic help, and other items and expenditures necessary and incident to the investigation of criminal cases, the general expenses of the office of the investigation of criminal cases, the general expenses of the office of the district attorney for preparing and/or trying felony cases and all other cases requiring the services of the district attorney, the sum of Thirty-five Thousand Dollars ($35,000.00) for each district, and an additional Four Thousand Dollars ($4,000.00) for each assistant authorized by Section 25-31-5(1) * * *.  All expenditures made from such office operating allowances shall be upon written requisition of the duly elected district attorney to the State Auditor, as otherwise provided by law.  The district attorney may delegate to the board of supervisors of any county in his district the responsibility and authority to employ and set the salary of not more than one (1) employee for the office of such district attorney, such salary to be paid as other expenditures are paid from the funds provided by this section.  Such employee shall be deemed to be appointed and employed by the board of supervisors and the salary shall not be deemed to be a pecuniary benefit provided by the district attorney's office.

     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, or July 1, 2007, whichever occurs later.