MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Appropriations
By: Representatives Denton, Baria, McNeal
AN ACT TO AMEND SECTIONS 5-1-41 AND 5-1-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF THE LEGISLATURE FAILS TO ENACT THE STATE BUDGET FOR THE UPCOMING FISCAL YEAR DURING THE REGULAR SESSION AND THEN MEETS IN AN EXTRAORDINARY SESSION FOR THE PURPOSE OF ENACTING THE STATE BUDGET THAT IT FAILED TO ENACT DURING THE REGULAR SESSION, THE MEMBERS OF THE LEGISLATURE ATTENDING THAT EXTRAORDINARY SESSION SHALL NOT RECEIVE THE REGULAR SALARY, MILEAGE AND EXPENSE ALLOWANCE FOR ATTENDING THAT SESSION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 5-1-41, Mississippi Code of 1972, is amended as follows:
5-1-41. (1) * * * Each Senator and Representative of the
Legislature shall receive as compensation at each regular session the sum of
Ten Thousand Dollars ($10,000.00) and the mileage allowance provided by Section
25-3-41, for each mile of the distance by the most direct route usually
traveled in coming to and returning from the place where the Legislature sits.
(2) * * * Except as
otherwise provided in subsection (4) of this section, each Senator and
Representative shall receive for attending each extraordinary session or called
session the sum of Seventy-five Dollars ($75.00) per day and mileage at the
same rate as per regular session.
(3) In addition to
the above, * * * each Senator and Representative and the
Lieutenant Governor shall receive the sum of One Thousand Five Hundred Dollars
($1,500.00) per month for expenses incidental to his office for every full
month of his term, except any month or major fraction thereof when the
Legislature is convened in regular or extraordinary session; and payments shall
be made to each Senator and Representative and the Lieutenant Governor by the
State Treasurer between the first and tenth day of each month following the
month for which the payments are due.
(4) If the Legislature during any regular session fails to enact all of the appropriation bills that are necessary to fund the state budget for the upcoming fiscal year, and the Legislature meets in an extraordinary session for the purpose of enacting the appropriation bills necessary to fund the state budget that it failed to enact during the regular session, the members of the Legislature attending that extraordinary session shall not receive the salary and mileage provided for in subsection (2) of this section and shall not receive the expense allowance and additional mileage allowance provided for in subsection (1) of Section 5-1-47.
SECTION 2. Section 5-1-47, Mississippi Code of 1972, is amended as follows:
5-1-47. (1) Except as otherwise provided in Section 5-1-41(4), in addition to the regular salary and mileage provided by law, an expense allowance equal to the maximum daily expense rate allowable to employees of the federal government for travel in the high rate geographical area of Jackson, Mississippi, as may be established by federal regulations for each legislative day in actual attendance at a session shall be paid to the Lieutenant Governor and members of the Senate and House of Representatives, together with an additional mileage allowance as provided by Section 25-3-41, for each mile of the distance by the most direct route usually traveled in coming to and returning from the place where the Legislature is in session, which expense allowance and additional mileage allowance shall be paid at the end of each seven-day period while the Legislature is in session.
(2) In addition to the mileage allowance provided for in subsection (1) of this section, an expense allowance equal to the maximum daily expense rate allowable to employees of the federal government for travel in the high rate geographical area of Jackson, Mississippi, as may be established by federal regulations, per day, shall be paid to:
(a) The Lieutenant Governor and members of the Senate, upon the approval of the Senate Rules Committee, for attending to legislative duties on any of the following days that the Senate does not convene in session on that day: (i) any day between legislative regular or extraordinary sessions, or (ii) any day of a legislative regular session that has been extended beyond the number of calendar days specified in Section 36, Mississippi Constitution of 1890, when that day falls after the ninetieth or one-hundred-twenty-fifth day of the session, as the case may be, or (iii) any day during a legislative extraordinary session; and
(b) Members of the House of Representatives, upon the approval of the House Management Committee, for attending to legislative duties on any of the following days that the House does not convene in session on that day: (i) any day between legislative regular or extraordinary sessions, or (ii) any day of a legislative regular session that has been extended beyond the number of calendar days specified in Section 36, Mississippi Constitution of 1890, when that day falls after the ninetieth or one-hundred-twenty-fifth day of the session, as the case may be, or (iii) any day during a legislative extraordinary session.
(3) The expense allowance and additional mileage allowance provided by this section for the Lieutenant Governor and members of the Senate shall be paid from the appropriate legislative fund of the Senate as provided by law, and the expense allowance and additional mileage allowance for members of the House of Representatives shall be paid from the appropriate legislative fund of the House of Representatives as provided by law, upon warrants drawn for such purpose in the manner provided by law.
SECTION 3. This act shall take effect and be in force from and after April 1, 2018.