Senate Bill NO. 2479

By Representative(s) Committee

SECTION 1. Section 37-3-9, Mississippi Code of 1972, is amended as follows:

37-3-9. (1) * * * From and after July 1, 1984, there shall be a State Superintendent of Public Education who shall be appointed by the State Board of Education, with the advice and consent of the Senate, and serve at the board's will and pleasure. He shall be the chief administrative officer for the State Department of Education and shall administer the department in accordance with the policies established by the State Board of Education. He shall receive such compensation in the amount prescribed by the State Board of Education, but not to exceed the salary of the Commissioner of Higher Education. The State Superintendent of Public Education shall have at least a master's degree in any field and a minimum of five (5) years' experience in administration in the educational field.

(2) The state superintendent shall give bond in the penalty of Seventy-five Thousand Dollars ($75,000.00), with sureties to be approved by the Governor, conditioned according to law. Said bond when approved shall be filed and recorded in the office of the Secretary of State.

SECTION 2. Section 25-3-35, Mississippi Code of 1972, is amended as follows:

25-3-35. (1) The annual salaries of the following judges are fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:

Chief Justice of the Supreme Court $104,900.00

Presiding Justice of the Supreme Court 102,900.00

Associate Justices of the Supreme Court, each 102,300.00

However, in addition to their present official duties, there are imposed upon the Supreme Court Justices the extra duties of making a special study of existing laws and reporting to each regular session of the Legislature such constructive suggestions as they may deem necessary for the improvement of the administration of justice, and of advising and counseling with the State Librarian in the selection of law books for purchase and use in the State Law Library, advising with the librarian thereof upon the removal from the library of any books which may be the least frequently used, and for the placing of same in a convenient location so as to provide additional space for such books and other current publications which may be more frequently used or called for. For such extra services each justice, from and after the effective date of Senate Bill No. 2479, 1999 Regular Session, shall receive a sum sufficient when added to the present salaries of the justices to aggregate One Hundred Four Thousand Nine Hundred Dollars ($104,900.00) for the Chief Justice, One Hundred Two Thousand Nine Hundred Dollars ($102,900.00) for the Presiding Justice, and One Hundred Two Thousand Three Hundred Dollars ($102,300.00) for Associate Justices, per annum. As each existing term expires and the above-captioned salaries become effective in due course, the extra duties and compensation provided for shall cease.

(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows:

Chief Judge of the Court of Appeals $ 98,300.00

Associate Judges of the Court of Appeals, each 95,500.00

(3) The annual salaries of the chancery and circuit court judges are fixed as follows:

Chancery Judges, each $92,700.00

Circuit Judges, each 92,700.00

In addition to their present official duties, there are imposed upon the chancery and circuit court judges the extra duties of making a special study of existing laws relating to trial courts and reporting to the Supreme Court of the State of Mississippi such constructive suggestions as they may deem necessary for the improvement of the administration of justice, which shall be recommended to the Legislature by the Supreme Court in the manner provided by law. The judges shall advise and supervise in the purchase of law books for the libraries of each district, and shall study and evaluate the inventory of books and facilities now existing in the libraries of each district to effect the removal and relocation of obsolete publications so as to provide additional space for those books and current publications more frequently used. The judges shall study the existing rules promulgated by the circuit and chancery court judicial associations governing the operation of chancery and circuit courts, and revise the same pursuant to existing laws. For such extra services each judge, from and after the effective date of Senate Bill No. 2479, 1999 Regular Session, shall receive a sum sufficient when added to the present salaries of the judges to aggregate Ninety-two Thousand Seven Hundred Dollars ($92,700.00) per annum for each judge. Upon the expiration of the existing term, the above-captioned salaries become effective in due course, and the extra duties and compensation provided for shall cease.

(4) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.

(5) The annual salary of the full-time district attorneys shall be ninety percent (90%) of the annual salary of a judge of the circuit court.

(6) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than Sixty-seven Thousand Five Hundred Dollars ($67,500.00), as established by the district attorney.

SECTION 3. Section 25-31-10, Mississippi Code of 1972, is amended as follows:

25-31-10. (1) Any district attorney may appoint a full-time criminal investigator.

(2) The district attorneys of the Third, Fifth, Ninth, Tenth, Eleventh, Twelfth, Fifteenth, Sixteenth, Seventeenth and Twentieth Circuit Court Districts may appoint one (1) additional full-time criminal investigator for a total of two (2) full-time criminal investigators.

(3) The district attorneys of the First, Second, Fourth and Seventh and Nineteenth Circuit Court Districts may appoint two (2) additional full-time criminal investigators for a total of three (3) full-time criminal investigators.

(4) No district attorney or assistant district attorney shall accept any private employment, civil or criminal, in any matter investigated by such criminal investigators.

(5) The full and complete compensation for all public duties rendered by said criminal investigators shall be not * * * more than Forty Thousand Dollars ($40,000.00) per annum, to be determined at the discretion of the district attorney based upon the qualifications, education and experience of the criminal investigator, plus necessary travel and other expenses, to be paid in accordance with Section 25-31-8. Provided, however, the maximum salary under this subsection for a criminal investigator who has a law degree may be supplemented by the district attorney from other available funds, but not to exceed the maximum salary for a legal assistant to a district attorney.

(6) Any criminal investigator may be designated by the district attorney to attend the Law Enforcement Officers Training Program set forth in Section 45-6-1 et seq., Mississippi Code of 1972. The total expenses associated with attendance by criminal investigators at the Law Enforcement Officers Training Program shall be paid out of the funds of the appropriate district attorney.

SECTION 4. The Attorney General of the State of Mississippi is directed to submit Sections 2 of 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 5. Sections 1 and 3 of this act shall take effect and be in force from and after July 1, 1999. Section 2 of this act shall take effect and be in force from and after July 1, 1999, if it is effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended. If Section 2 is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after July 1, 1999, Section 2 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.

AN ACT TO AMEND SECTION 37-3-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE SUPERINTENDENT OF EDUCATION SHALL RECEIVE AN ANNUAL SALARY PRESCRIBED BY THE STATE BOARD OF EDUCATION, BUT NOT TO EXCEED THE SALARY OF THE COMMISSIONER OF HIGHER LEARNING; TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF THE ELECTED JUDICIARY, SET THE SALARY OF THE FULL-TIME DISTRICT ATTORNEYS AT NINETY PERCENT OF THE ANNUAL SALARY OF A CIRCUIT COURT JUDGE; TO AMEND SECTION 25-31-10, MISSISSIPPI CODE OF 1972, TO INCREASE THE COMPENSATION OF CRIMINAL INVESTIGATORS EMPLOYED BY DISTRICT ATTORNEYS; AND FOR RELATED PURPOSES.