MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Apportionment and Elections

By: Representative Reynolds

AN ACT TO AMEND SECTION 5-3-93, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STANDING JOINT LEGISLATIVE COMMITTEE ON REAPPORTIONMENT TO PREPARE A PLAN FOR APPORTIONING THE HOUSE AND SENATE NO LATER THAN FIFTEEN DAYS PRIOR TO THE SCHEDULED ADJOURNMENT OF THE REGULAR SESSION FOLLOWING THE DELIVERY OF THE DECENNIAL CENSUS DATA TO THE STATE; TO AMEND SECTIONS 5-3-95 AND 5-3-125, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROVISION THAT PROHIBITS MEMBERS OF THE STANDING JOINT LEGISLATIVE COMMITTEE ON REAPPORTIONMENT AND THE STANDING JOINT CONGRESSIONAL REDISTRICTING COMMITTEE FROM BEING PAID PER DIEM COMPENSATION AND REIMBURSEMENT FOR EXPENSES FOR MORE THAN 30 CALENDAR DAYS AND TO REVISE THE COMPENSATION FOR ATTENDING MEETINGS OF SUCH COMMITTEES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 5-3-93, Mississippi Code of 1972, is amended as follows:

5-3-93. The members of the committee shall draw a plan to apportion, according to constitutional standards, the membership of the Mississippi Senate and the Mississippi House of Representatives no later than fifteen (15) days prior to the scheduled adjournment of the next regular session of the Legislature following the delivery of the 2000 decennial census data to the state and every ten (10) years thereafter and at such other times as they may be directed by joint resolution of the Mississippi Legislature.

Provided, however, the committee shall not be required to present a plan to the Legislature prior to four (4) months after the publication of census data.

SECTION 2. Section 5-3-95, Mississippi Code of 1972, is amended as follows:

5-3-95. (1) The members of the committee shall be entitled to receive compensation as follows:

(a) Per diem compensation for each day engaged in the discharge of official duties at the same rate as compensated during a special session of the Legislature and reimbursement for all actual, necessary expenses incurred in the discharge of official duties, including mileage as authorized by law * * *; or

(b) Per diem compensation for each day engaged in the discharge of official duties in the amount authorized by Section 25-3-69 and a mileage allowance and an expense allowance in the amount authorized by Section 5-1-47.

(2) Prior to receiving any compensation pursuant to subsection (1) of this section, a member of the committee shall give notice in writing to the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, of the manner in which he desires to be compensated pursuant to subsection (1) of this section.

(3) No compensation shall be paid pursuant to this section for attending meetings of the committee while the Legislature is in session.

SECTION 3. Section 5-3-125, Mississippi Code of 1972, is amended as follows:

5-3-125. (1) The members of the committee shall be entitled to receive compensation as follows:

(a) Per diem compensation for each day engaged in the discharge of official duties at the same rate as compensated during a special session of the Legislature and reimbursement for all actual, necessary expenses incurred in the discharge of official duties, including mileage as authorized by law * * *; or

(b) Per diem compensation for each day engaged in the discharge of official duties in the amount authorized by Section 25-3-69 and a mileage allowance and an expense allowance in the amount authorized by Section 5-1-47.

(2) Prior to receiving any compensation pursuant to subsection (1) of this section, a member of the committee shall give notice in writing to the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, of the manner in which he desires to be compensated pursuant to subsection (1) of this section.

(3) No compensation shall be paid pursuant to this section for attending meetings of the committee while the Legislature is in session.

SECTION 4. 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 5. 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.