MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Transportation

By: Representative Guice

AN ACT TO AMEND SECTION 65-1-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER JULY 1, 2004, THE MISSISSIPPI TRANSPORTATION COMMISSION SHALL CONSIST OF FIVE MEMBERS APPOINTED BY THE GOVERNOR, ONE FROM EACH CONGRESSIONAL DISTRICT; TO PRESCRIBE THE TERMS FOR THE INITIAL AND SUBSEQUENT MEMBERS APPOINTED TO THE COMMISSION; TO PROVIDE FOR VACANCIES ON THE COMMISSION TO BE APPOINTED BY THE GOVERNOR FOR THE REMAINDER OF THE UNEXPIRED TERM; TO AMEND SECTION 25-3-33, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF TRANSPORTATION COMMISSIONERS BEGINNING JULY 1, 2004; TO AMEND SECTIONS 25-3-31, 23-15-193, 23-15-297, 23-15-881, 23-15-883, 23-15-887, 65-1-5, 65-1-7 AND 65-1-21, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 65-1-3, Mississippi Code of 1972, is amended as follows:

65-1-3. (1) There shall be a Mississippi Transportation Commission which, until July 1, 2004, shall consist of three (3) members, one (1) from each of the three (3) Supreme Court districts of the state. Until July 1, 2004, only qualified electors who are citizens of the Supreme Court district in which he or she offers for election shall be eligible for such office.

 * * *

(2) The transportation commissioners who were elected for a term beginning on the first Monday of January in the year 2000, shall continue to hold office and serve for a term expiring on July 1, 2004.

(3) From and after July 1, 2004, the Mississippi Transportation Commission shall consist of Five (5) members appointed by the Governor, with the advice and consent of the Senate, one from each of the five congressional districts as such districts existed on July 1, 2001. The initial appointments to the commission shall be as follows: One (1) member shall be appointed from the First Congressional District for a term of Five (5) years; one (1) member shall be appointed from the Second Congressional District for a term of Three (3) years; one (1) member shall be appointed from the Third Congressional District for a term of Four (4) years; one (1) member shall be appointed from the Fourth Congressional District for a term of Three (3) years; and one (1) member shall be appointed from the Fifth Congressional District for a term of Six (6) years. After expiration of the initial terms of the members of the commission, all subsequent appointments shall be made for terms of Six (6) years from the expiration date of the previous term.

(4) If any one or more of the transportation commissioners elected or appointed under the provisions of this chapter shall die, resign or be removed from office, the Governor shall fill the vacancy by appointment for the unexpired term * * *.

(5) Each of the transportation commissioners, before entering upon the discharge of the duties of his office, shall take and subscribe the oath of office required of other state officials and shall execute bond in the sum of Fifty Thousand Dollars ($50,000.00), with some surety company authorized to do business in this state as surety, conditioned for the faithful performance of the duties of his office and for the faithful and true accounting of all funds or monies or property coming into his hands by virtue of his office, and conditioned further that all such funds, monies and property will be expended and used by him only for purposes authorized by law, said bond to be approved by the Governor or Attorney General and to be filed in the office of the Secretary of State. The premium on such bonds shall be paid out of the funds of the Mississippi Department of Transportation.

From and after July 1, 1992, the State Highway Commission shall be the Mississippi Transportation Commission and the members thereof shall be the Mississippi transportation commissioners.

SECTION 2. Section 25-3-33, Mississippi Code of 1972, is amended as follows:

[Until July 1, 2004, this section shall read as follows:]

25-3-33. The annual salaries of the following appointive state and district officials and employees are fixed as follows:

Deputy Attorney General, not to exceed $72,800.00

Assistant Attorneys General shall each

receive annual salaries in an amount

to be fixed by the Attorney General

but not to exceed 68,400.00

Military Department--National Guard:

Adjutant General 80,000.00

Department of Banking and Consumer Finance:

Commissioner 85,000.00

Chairman of the State Tax Commission

(Commissioner of Revenue) 91,000.00

Associate Commissioners, each 42,000.00

Director of Emergency Management Agency 65,000.00

Department of Public Safety:

Commissioner of Public Safety 80,000.00

Director, Office of Mississippi

Highway Safety Patrol, or

his successor 70,000.00

Director, Office of Support Services,

or his successor 70,000.00

Department of Human Services:

Director, not to exceed 85,000.00

Workers' Compensation Commission:

Chairman 80,000.00

Members, each 78,000.00

Executive Director 75,000.00

Administrative Judge, each 75,000.00

Archives and History:

Director, not to exceed 70,000.00

State Forester 70,000.00

State Oil and Gas Board:

Secretary-Supervisor 70,000.00

Educational Television Authority:

Executive Director 70,000.00

Director, Mississippi Library Commission,

not to exceed 70,000.00

Executive Secretary, Public Service

Commission 65,000.00

Parole Board:

Chairman 50,000.00

Administrative Assistant for

Parole Matters 42,000.00

Members, each 44,000.00

Governor's State Bond Advisory Division:

Director 55,000.00

Employment Security Commission:

Executive Director, not to exceed 70,000.00

Executive Director, Department of

Mental Health, to be determined by the

State Board of Mental Health, not

to exceed 85,000.00

Director, Division of Medicaid,

not to exceed 85,000.00

Director, State Department of Transportation,

not to exceed 85,000.00

State Entomologist 65,000.00

Clerk of the Supreme Court 60,000.00

State Aid Engineer, Division of State

Aid Road Construction 70,000.00

Executive Director, Judicial Performance

Commission 65,000.00

Executive Director, Department of Finance

and Administration 85,000.00

Superintendent, Mississippi School for the

Blind, to be determined by the State

Board of Education, not to exceed 65,000.00

Superintendent, Mississippi School for the Deaf,

to be determined by the State Board

of Education, not to exceed 65,000.00

Executive Director, State Fair Commission 65,000.00

Executive Director, Department of Wildlife,

Fisheries and Parks 80,000.00

Executive Director, Department of Environmental

Quality 85,000.00

Executive Director, Pat Harrison Waterway

District 65,000.00

Executive Director, Pearl River Basin

Development District 61,000.00

Executive Director, Pearl River Valley Water

Supply District 71,000.00

Executive Director, Tombigbee River Valley

Water Management District 61,000.00

Director, Soil and Water Conservation

Commission 60,000.00

Commissioner, Mississippi Department of

Corrections 85,000.00

Executive Director, Mississippi Department of

Information Technology Services 85,000.00

Executive Director, Mississippi Industries

for the Blind 60,000.00

Director, Mississippi Bureau of Narcotics 60,000.00

Executive Secretary, State Veterans Affairs

Board 55,000.00

Executive Officer, Veterans' Home Purchase

Board 65,000.00

Chief Administrative Officer, Motor Vehicle

Commission 55,000.00

Stadium Manager, Mississippi Veterans

Memorial Stadium 55,000.00

Executive Director, Mississippi Arts

Commission 55,000.00

Director, Mississippi Board of Nursing 60,000.00

Director, State Board of Pharmacy 60,000.00

Director, State Board of Public Contractors 50,000.00

Director, Real Estate Commission 55,000.00

Director of Support Services, Department

of Rehabilitation Services 80,000.00

Executive Director, State Fire Academy 55,000.00

Executive Director, Law Enforcement

Officers Training Academy 50,000.00

Executive Director, State Board of

Accountancy 60,000.00

Executive Director, Mississippi

Gaming Commission 90,000.00

Executive Director, Mississippi

Department of Marine Resources 70,000.00

Executive Director, State Board of

Registration for Professional

Engineers and Land Surveyors 55,000.00

Executive Director, Public Utilities

Staff 85,000.00

State Law Librarian 60,000.00

State Personnel Director 75,000.00

Manager, Farmers Central Market,

Department of Agriculture and

Commerce 40,000.00

State Veterinarian 70,000.00

Executive Director, Mississippi Ethics

Commission.....................................70,000.00

[From and after July 1, 2004, this section shall read as follows:]

25-3-33. The annual salaries of the following appointive state and district officials and employees are fixed as follows:

Deputy Attorney General, not to exceed $72,800.00

Assistant Attorneys General shall each

receive annual salaries in an amount

to be fixed by the Attorney General

but not to exceed 68,400.00

Military Department--National Guard:

Adjutant General 80,000.00

Department of Banking and Consumer Finance:

Commissioner 85,000.00

Chairman of the State Tax Commission

(Commissioner of Revenue) 91,000.00

Associate Commissioners, each 42,000.00

Director of Emergency Management Agency 65,000.00

Department of Public Safety:

Commissioner of Public Safety 80,000.00

Director, Office of Mississippi

Highway Safety Patrol, or

his successor 70,000.00

Director, Office of Support Services,

or his successor 70,000.00

Department of Human Services:

Director, not to exceed 85,000.00

Workers' Compensation Commission:

Chairman 80,000.00

Members, each 78,000.00

Executive Director 75,000.00

Administrative Judge, each 75,000.00

Archives and History:

Director, not to exceed 70,000.00

State Forester 70,000.00

State Oil and Gas Board:

Secretary-Supervisor 70,000.00

Educational Television Authority:

Executive Director 70,000.00

Director, Mississippi Library Commission,

not to exceed 70,000.00

Executive Secretary, Public Service

Commission 65,000.00

Parole Board:

Chairman 50,000.00

Administrative Assistant for

Parole Matters 42,000.00

Members, each 44,000.00

Governor's State Bond Advisory Division:

Director 55,000.00

Employment Security Commission:

Executive Director, not to exceed 70,000.00

Executive Director, Department of

Mental Health, to be determined by the

State Board of Mental Health, not

to exceed 85,000.00

Director, Division of Medicaid,

not to exceed 85,000.00

Director, State Department of Transportation,

not to exceed 85,000.00

State Entomologist 65,000.00

Clerk of the Supreme Court 60,000.00

State Aid Engineer, Division of State

Aid Road Construction 70,000.00

Executive Director, Judicial Performance

Commission 65,000.00

Executive Director, Department of Finance

and Administration 85,000.00

Superintendent, Mississippi School for the

Blind, to be determined by the State

Board of Education, not to exceed 65,000.00

Superintendent, Mississippi School for the Deaf,

to be determined by the State Board

of Education, not to exceed 65,000.00

Executive Director, State Fair Commission 65,000.00

Executive Director, Department of Wildlife,

Fisheries and Parks 80,000.00

Executive Director, Department of Environmental

Quality 85,000.00

Executive Director, Pat Harrison Waterway

District 65,000.00

Executive Director, Pearl River Basin

Development District 61,000.00

Executive Director, Pearl River Valley Water

Supply District 71,000.00

Executive Director, Tombigbee River Valley

Water Management District 61,000.00

Director, Soil and Water Conservation

Commission 60,000.00

Commissioner, Mississippi Department of

Corrections 85,000.00

Executive Director, Mississippi Department of

Information Technology Services 85,000.00

Executive Director, Mississippi Industries

for the Blind 60,000.00

Director, Mississippi Bureau of Narcotics 60,000.00

Executive Secretary, State Veterans Affairs

Board 55,000.00

Executive Officer, Veterans' Home Purchase

Board 65,000.00

Chief Administrative Officer, Motor Vehicle

Commission 55,000.00

Stadium Manager, Mississippi Veterans

Memorial Stadium 55,000.00

Executive Director, Mississippi Arts

Commission 55,000.00

Director, Mississippi Board of Nursing 60,000.00

Director, State Board of Pharmacy 60,000.00

Director, State Board of Public Contractors 50,000.00

Director, Real Estate Commission 55,000.00

Director of Support Services, Department

of Rehabilitation Services 80,000.00

Executive Director, State Fire Academy 55,000.00

Executive Director, Law Enforcement

Officers Training Academy 50,000.00

Executive Director, State Board of

Accountancy 60,000.00

Executive Director, Mississippi

Gaming Commission 90,000.00

Executive Director, Mississippi

Department of Marine Resources 70,000.00

Executive Director, State Board of

Registration for Professional

Engineers and Land Surveyors 55,000.00

Executive Director, Public Utilities

Staff 85,000.00

State Law Librarian 60,000.00

State Personnel Director 75,000.00

Manager, Farmers Central Market,

Department of Agriculture and

Commerce 40,000.00

State Veterinarian 70,000.00

Executive Director, Mississippi Ethics

Commission 70,000.00

Transportation Commissioners .......................85,000.00

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

[Until July 1, 2004, this section shall read as follows:] 25-3-31. The annual salaries of the following elected state and district officers are fixed as follows:

Governor $101,800.00

Attorney General 90,800.00

Secretary of State 75,000.00

Commissioner of Insurance 75,000.00

State Treasurer 75,000.00

State Auditor of Public Accounts 75,000.00

Commissioner of Agriculture and Commerce 75,000.00

Transportation Commissioners .......................65,000.00

Public Service Commissioners 65,000.00

The above fixed salary of the Governor shall be the reference amount utilized in computing average compensation and earned compensation pursuant to Section 25-11-103(f) and Section 25-11-103(k) and to related sections which require such computations.

[From and after July 1, 2004, this section shall read as follows:]

25-3-31. The annual salaries of the following elected state and district officers are fixed as follows:

Governor $101,800.00

Attorney General 90,800.00

Secretary of State 75,000.00

Commissioner of Insurance 75,000.00

State Treasurer 75,000.00

State Auditor of Public Accounts 75,000.00

Commissioner of Agriculture and Commerce 75,000.00

Public Service Commissioners 65,000.00

The above fixed salary of the Governor shall be the reference amount utilized in computing average compensation and earned compensation pursuant to Section 25-11-103(f) and Section 25-11-103(k) and to related sections which require such computations.

SECTION 4. Section 23-15-193, Mississippi Code of 1972, is amended as follows:

23-15-193. At the election in 2003, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, * * * Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.

SECTION 5. Section 23-15-297, Mississippi Code of 1972, is amended as follows:

23-15-297. All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election the following amounts:

(a) Candidates for Governor not to exceed Three Hundred Dollars ($300.00).

(b) Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, Commissioner of Insurance, Commissioner of Agriculture and Commerce * * * and State Public Service Commissioner, not to exceed Two Hundred Dollars ($200.00).

(c) Candidates for district attorney, not to exceed One Hundred Dollars ($100.00).

(d) Candidates for State Senator, State Representative, sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, not to exceed Fifteen Dollars ($15.00).

(e) Candidates for county surveyor, county coroner, justice court judge and constable, not to exceed Ten Dollars ($10.00).

(f) Candidates for United States Senator, not to exceed Three Hundred Dollars ($300.00).

(g) Candidates for United States Representative, not to exceed Two Hundred Dollars ($200.00).

SECTION 6. Section 23-15-881, Mississippi Code of 1972, is amended as follows:

23-15-881. It shall be unlawful for the * * * board of supervisors of any county or any member of the board of supervisors of such county, to employ, during the months of May, June, July and August of any year in which a general primary election is held for the nomination and election of members of the * * * boards of supervisors, a greater number of persons to work and maintain the * * * public roads in any supervisors district of the county * * * than the average number of persons employed for similar purposes in such * * * supervisors district, as the case may be, during the months of May, June, July and August of the three (3) years immediately preceding the year in which such general primary election is held. It shall be unlawful for the State Highway Commission, or the board of supervisors of any county, to expend out of the state highway funds, or the road funds of the county or any supervisors district thereof, * * * in the payment of wages or other compensation for labor performed in working and maintaining the * * * public roads of any supervisors district of the county * * * during the months of May, June, July and August of such election year, a total amount in excess of the average total amount expended for such labor, in such * * * supervisors district * * * during the corresponding four (4) months' period of the three (3) years immediately preceding.

It shall be the duty of the * * * board of supervisors of each county, respectively, to keep sufficient records of the numbers of employees and expenditures made for labor on the * * * public roads of each supervisors district, for the months of May, June, July and August of each year, to show the number of persons employed for such work in each * * * supervisors district * * * during said four (4) months' period, and the total amount expended in the payment of salaries and other compensation to such employees, so that it may be ascertained, from an examination of such records, whether or not the provisions of this chapter have been violated.

It is provided, however, because of the abnormal conditions existing in certain counties of the state due to recent floods in which roads and bridges have been materially damaged or washed away and destroyed, if the board of supervisors in any county passes a resolution as provided in Section 19-9-11, Mississippi Code of 1972, for the emergency issuance of road and bridge bonds, the provisions of this section shall not be applicable to or in force concerning the board of supervisors during the calendar year 1955.

SECTION 7. Section 23-15-883, Mississippi Code of 1972, is amended as follows:

23-15-883. The restriction imposed upon the * * * boards of supervisors of the several counties in the employment of labor to work and maintain the * * * public roads of the several supervisors' districts of the county, as provided in Section 23-15-881, shall not apply to road contractors or bridge contractors engaged in the construction or maintenance of * * * county roads under contracts awarded by the State Highway Commission, or the board of supervisors * * * where such contracts shall have been awarded to the lowest responsible bidder, after legal advertisement, as provided by law; nor shall the restriction imposed in Section 23-15-881 apply to the labor employed by such road contractors or bridge contractors in carrying out such contracts. Nor shall the provisions of this chapter apply to the employment by the * * * board of supervisors * * * of extra labor employed to make repairs upon the * * * county roads or bridges, in cases where such  * * * county roads or bridges, have been damaged or destroyed by severe storms, floods or other unforeseen disasters.

SECTION 8. Section 23-15-887, Mississippi Code of 1972, is amended as follows:

23-15-887. If any member of the * * * board of supervisors, or the mayor or any member of the board of aldermen or other governing authority of any municipality, shall violate the provisions of this article, he shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term not to exceed six (6) months, or by both such fine and imprisonment.

SECTION 9. Section 65-1-5, Mississippi Code of 1972, is amended as follows:

65-1-5. When the transportation commissioners enter upon the duties of their office, the transportation commission shall meet and organize by the election of one (1) of its members to serve as chairman of the commission for the four-year term for which the commissioner shall have been chosen. The commission, a majority of which shall constitute a quorum, shall meet in regular session on the second Tuesday of each month at the office of the commission in Jackson, Mississippi; and at such regular sessions the commission may hear, continue and determine any and all matters coming before it. The commission may hold special sessions at the call of the executive director or the chairman at such times and places in this state as either of them may deem necessary. At such special sessions it may hear, continue, consider and determine any and all matters coming before it, provided that at least five (5) days' notice of such meetings shall be given to all the members of the commission beforehand. A special session may be called at any time without the foregoing notice, or any notice, if by and with the unanimous consent of all the members of the commission, but such unanimous consent shall be spread at large on the minutes of the commission.

The Mississippi Transportation Commission shall act as a legal entity, and shall only speak through its minutes, and in all matters shall act as a unit. Any action on the part of any member of the commission separately shall not bind the commission as a unit, but such individual member only shall be liable personally on his official bond.

The Mississippi Transportation Commission shall be a body corporate and as such may sue and be sued, plead and be impleaded, in any court of justice having jurisdiction of the subject matter of any such suit. In any suit against the Mississippi Transportation Commission service of process shall be had by serving the secretary of the commission with such process; and a copy of the declaration, petition or bill of complaint, or other initial pleading shall be handed the secretary along with the process.

SECTION 10. Section 65-1-7, Mississippi Code of 1972, is amended as follows:

65-1-7. The * * * commissioners chosen as herein provided, and their successors, shall each receive as compensation for their services salaries fixed by the legislature, and in addition shall be allowed all of their actual and necessary traveling and other expenses incurred in the performance of their respective official duties.

SECTION 11. Section 65-1-21, Mississippi Code of 1972, is amended as follows:

65-1-21. The permanent district offices for the Office of Highways of the Mississippi Department of Transportation and for the repair and housing of the equipment and vehicles of the department provided for in paragraph (m) of Section 65-1-8, Mississippi Code of 1972, shall be at such location as the commission may establish. The Department of Transportation shall erect and maintain * * * appropriate signs or placques designating such offices.

SECTION 13. 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.