SB2794_H_Amend

SECTION 1. Section 25-3-31, Mississippi Code of 1972, is amended as follows:

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

Governor...................................... $125,500.00

Attorney General.............................. 124,500.00

Secretary of State............................ 115,500.00

Commissioner of Insurance..................... 105,500.00

State Treasurer............................... 105,500.00

State Auditor of Public Accounts.............. 105,500.00

Commissioner of Agriculture and Commerce...... 105,500.00

Transportation Commissioners.................. 95,500.00

Public Service Commissioners.................. 95,500.00

If the person serving as Governor on December 31, 2003, is reelected to the office of Governor for the term beginning in the year 2004, he may choose not to receive the salary increase authorized by this section, but to receive, instead, an annual salary of One Hundred One Thousand Eight Hundred Dollars ($101,800.00) during his new term of office by filing a written request with the Department of Finance and Administration.

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

25-3-35. (1) The annual salaries of the following judges, whose terms of office begin before January 1, 2004, are fixed as follows * * *:

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

The annual salaries of the following judges, whose terms of office begin on or after January 1, 2004, are fixed as follows, but pursuant to Section 166 of the Mississippi Constitution of 1890, such salaries shall not be effective until the first day of a judge's new term of office:

Chief Justice of the Supreme Court............ $125,000.00

Presiding Justice of the Supreme Court........ 120,000.00

Associate Justices of the Supreme Court, each. 118,500.00

The Supreme Court Clerk shall immediately notify the Department of Finance and Administration and the State Auditor immediately upon the Supreme Court's failure to timely issue any decision as required by Section 9-4-3(5). Upon receipt of such notice, the Department of Finance and Administration shall withhold all future salaries of the judges of the Supreme Court under this section until such time as the State Auditor notifies the Department of Finance and Administration that the Supreme Court is in full compliance with the provisions of Section 9-4-3(5), after which time the judges shall be entitled to receive the salaries authorized under this section, and all such salaries as have been withheld shall then be paid to the judges. Failure of the Supreme Court Clerk to immediately notify the Department of Finance and Administration and the State Auditor upon the Supreme Court's failure to timely issue decisions as required by Section 9-4-3(5), shall constitute malfeasance of office and grounds for termination of employment of the Supreme Court Clerk by the State Personnel Board.

(2) The annual salaries of the judges of the Court of Appeals of Mississippi, whose terms of office begin before January 1, 2004, 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

The annual salaries of the following judges, whose terms of office begin on or after January 1, 2004, are fixed as follows, but pursuant to Section 166 of the Mississippi Constitution, such salaries shall not be effective until the first day of a judge's new term of office:

Chief Judge of the Court of Appeals........... $121,000.00

Associate Judges of the Court of Appeals, each 116,000.00

The Supreme Court Clerk shall immediately notify the Department of Finance and Administration and the State Auditor immediately upon the Court of Appeals' failure to timely issue any decision as required by Section 9-4-3(4). Upon receipt of such notice, the Department of Finance and Administration shall withhold all future salaries of the judges of the Court of Appeals under this section until such time as the State Auditor notifies the Department of Finance and Administration that the Court of Appeals is in full compliance with the provisions of Section 9-4-3(4), after which time the judges shall be entitled to receive the salaries authorized under this section, and all such salaries as have been withheld shall then be paid to the judges. Failure of the Supreme Court Clerk to immediately notify the Department of Finance and Administration and the State Auditor of the Court of Appeals' failure to timely issue decisions as required by Section 9-4-3(4) shall constitute malfeasance of office and grounds for termination of employment of the Supreme Court Clerk by the State Personnel Board.

(3) The annual salaries of the chancery and circuit court judges, whose terms of office begin before January 1, 2004, are fixed as follows:

Chancery Judges, each......................... $ 94,700.00

Circuit Judges, each.......................... 94,700.00

The annual salaries of the following judges, whose terms of office begin on or after January 1, 2004, are fixed as follows, but pursuant to Section 166 of the Mississippi Constitution, such salaries shall not be effective until the first day of a judge's new term of office:

Chancery Judges, each......................... $115,500.00

Circuit Judges, each.......................... 115,500.00

The clerk of the chancery or circuit court, as the case may be, shall immediately notify the Department of Finance and Administration and the State Auditor immediately upon a chancellor's or judge's failure to timely issue any decision as required by Section 11-1-17(1). Upon receipt of such notice, the Department of Finance and Administration shall withhold all future salaries of the chancellor or judge under this section until such time as the State Auditor notifies the Department of Finance and Administration that the chancellor or judge is in full compliance with the provisions of Section 11-1-17(1), after which time the chancellor or judge shall be entitled to receive the salaries authorized under this section, and all such salaries as have been withheld shall then be paid to the chancellor or judge. Failure of the clerk of the chancery or circuit court to immediately notify the Department of Finance and Administration and the State Auditor of a chancellor's or judge's failure to timely issue decisions as required by Section 11-1-17(1) shall constitute malfeasance of office and grounds for removal from office. The identity of any person who may notify the clerk of the chancery or circuit court of the court's failure to comply with Section 11-1-17(1) shall be confidential.

(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 One Hundred Ten Thousand Five Hundred Dollars ($110,500.00).

* * *

SECTION 3. Section 25-3-43, Mississippi Code of 1972, is amended as follows:

25-3-43. (1) When any chancery judge, county judge or circuit judge shall be required to travel in the performance of his official duties, such judge shall receive as expenses of such travel the mileage allowance and a reimbursement for other actual and necessary expenses incurred in such travel as provided for public officers and employees in Section 25-3-41. This shall be the entire travel allowances or travel expenses received by such judges.

(2) Chancery judges and circuit judges shall direct requests for reimbursement for the travel expenses authorized pursuant to this section to the Supreme Court and the Supreme Court shall submit such requests to the Department of Finance and Administration.

(3) The Supreme Court shall have the power to adopt rules and regulations regarding the administration of travel expenses authorized pursuant to this section.

(4) In any county in which is located a State Penitentiary, the board of supervisors, in order to compensate the justice court judges who are required to travel to the State Penitentiary, is authorized to reimburse justice court judges' mileage in the amount authorized by Section 25-3-41, but not to exceed One Hundred Dollars ($100.00) per month, such monies to be paid from the general county fund of such county.

(5) Each Supreme Court Justice and each judge of the Court of Appeals shall receive, in addition to the regular salary provided by Section 25-3-35, the mileage reimbursement provided by Section 25-3-41 * * *.

SECTION 4. Section 11-1-17, Mississippi Code of 1972, is amended as follows:

11-1-17. (1) All * * * judges of the chancery and circuit courts of the State of Mississippi shall render an order or final judgment, as the case may be, on any and all nondispositive matters taken under advisement by such chancellors or judges not later than fourteen (14) days after the date on which the judge sets as the date for the final brief or memoranda of authority to be provided to the court on the nondispositive matters, and shall render an order or final judgment, as the case may be, on any and all dispositive matters not later than thirty (30) days after the date on which the final brief or memoranda of authority is to be provided to the court on the dispositive matters. If no memoranda or brief is required, the judge shall render an order or final judgment within fourteen (14) days as to nondispositive matters taken under advisement and within thirty (30) days as to dispositive matters taken under advisement. If a chancellor or judge fails to comply with the provisions of this paragraph, his or her salary shall be withheld as provided under Section 23-3-5(3).

(2) If a final judgment is not entered within ninety (90) days of the date that a judge's salary has been withheld under Section 23-3-5(3), then any party to the law suit shall have the right to appeal on the record as otherwise provided the same as if a final judgment has been rendered adversely. The appeal shall be to the Supreme Court of the State of Mississippi and shall be treated as a preferred case over other cases except election contests.

SECTION 5. Section 9-21-5, Mississippi Code of 1972, is amended as follows:

9-21-5. The administrative director shall be appointed by and shall serve at the pleasure of the Supreme Court of Mississippi as the Director of the Administrative Office of Courts. The administrative director shall devote full time to the duties of the office to the exclusion of engagement in any other business or profession for profit.

If for any reason the Office of the Administrative Director becomes vacant and the Supreme Court appoints a person as an acting administrative director, then the person appointed as acting administrative director shall become the administrative director if the court fails to appoint some other person as administrative director within thirty (30) days of the vacancy.

SECTION 6. Section 7-1-67, Mississippi Code of 1972, is amended as follows:

7-1-67. When the Office of Governor shall become vacant, by death or otherwise, the Lieutenant Governor shall possess the powers and discharge the duties of said office. When the Governor shall be * * * unable from protracted illness to perform the duties of the office, the Lieutenant Governor shall discharge the duties of said office until the Governor be able to resume his duties. If, from disability or otherwise, the Lieutenant Governor shall be incapable of performing said duties * * *, the President of the Senate Pro Tempore shall act in his stead; but if there be no such president or if he be disqualified by like disability * * *, then the Speaker of the House of Representatives shall assume the Office of Governor and perform said duties. In case of the inability of the foregoing officers to discharge the duties of Governor, the Secretary of State shall convene the Senate to elect a President Pro Tempore. The officer discharging the duties of Governor shall receive compensation as such. Should a doubt arise as to whether a vacancy has occurred in the Office of Governor, or as to whether any one of the disabilities mentioned in this section exists or shall have ended, then the Secretary of State shall submit the question in doubt to the judges of the Supreme Court, who, or a majority of whom, shall investigate and determine said question and furnish to the Secretary of State an opinion in writing, which shall be final and conclusive.

SECTION 7. Section 25-9-107, Mississippi Code of 1972, is amended as follows:

25-9-107. The following terms, when used in this chapter, unless a different meaning is plainly required by the context, shall have the following meanings:

(a) "Board" shall mean the State Personnel Board created under the provisions of this chapter.

(b) "State service" shall mean all employees of state departments, agencies and institutions as defined herein, except those officers and employees excluded by this chapter.

(c) "Nonstate service" shall mean the following officers and employees excluded from the state service by this chapter. The following are excluded from the state service:

(i) Members of the State Legislature, their staffs and other employees of the legislative branch;

(ii) The Governor and staff members of the immediate Office of the Governor;

(iii) Justices and judges of the judicial branch or members of appeals boards on a per diem basis;

(iv) The Lieutenant Governor, staff members of the immediate Office of the Lieutenant Governor and officers and employees directly appointed by the Lieutenant Governor;

(v) Officers and officials elected by popular vote and persons appointed to fill vacancies in elective offices;

(vi) Members of boards and commissioners appointed by the Governor, Lieutenant Governor or the State Legislature;

(vii) All academic officials, members of the teaching staffs and employees of the state institutions of higher learning, the State Board for Community and Junior Colleges, and community and junior colleges;

(viii) Officers and enlisted members of the National Guard of the state;

(ix) Prisoners, inmates, student or patient help working in or about institutions;

(x) Contract personnel; provided, that any agency which employs state service employees may enter into contracts for personal and professional services only if such contracts are approved in compliance with the rules and regulations promulgated by the State Personal Service Contract Review Board under Section 25-9-120(3). Before paying any warrant for such contractual services in excess of One Hundred Thousand Dollars ($100,000.00), the Auditor of Public Accounts, or the successor to those duties, shall determine whether the contract involved was for personal or professional services, and, if so, was approved by the State Personal Service Contract Review Board;

(xi) Part-time employees; provided, however, part-time employees shall only be hired into authorized employment positions classified by the board, shall meet minimum qualifications as set by the board, and shall be paid in accordance with the Variable Compensation Plan as certified by the board;

(xii) Persons appointed on an emergency basis for the duration of the emergency; the effective date of the emergency appointments shall not be earlier than the date approved by the State Personnel Director, and shall be limited to thirty (30) working days. Emergency appointments may be extended to sixty (60) working days by the State Personnel Board;

(xiii) Attorneys, except for legal assistants to district attorneys, physicians, dentists, veterinarians and nurse practitioners * * *, while serving in their professional capacities in authorized employment positions who are required by statute to be licensed, registered or otherwise certified as such, provided that the State Personnel Director shall verify that the statutory qualifications are met prior to issuance of a payroll warrant by the auditor;

(xiv) Personnel who are employed and paid from funds received from a federal grant program which has been approved by the Legislature or the Department of Finance and Administration whose length of employment has been determined to be time-limited in nature. This subparagraph shall apply to personnel employed under the provisions of the Comprehensive Employment and Training Act of 1973, as amended, and other special federal grant programs which are not a part of regular federally funded programs wherein appropriations and employment positions are appropriated by the Legislature. Such employees shall be paid in accordance with the Variable Compensation Plan and shall meet all qualifications required by federal statutes or by the Mississippi Classification Plan;

(xv) The administrative head who is in charge of any state department, agency, institution, board or commission, wherein the statute specifically authorizes the Governor, board, commission or other authority to appoint said administrative head; provided, however, that the salary of such administrative head shall be determined by the State Personnel Board in accordance with the Variable Compensation Plan unless otherwise fixed by statute;

(xvi) The State Personnel Board shall exclude top level positions if the incumbents determine and publicly advocate substantive program policy and report directly to the agency head, or the incumbents are required to maintain a direct confidential working relationship with a key excluded official. Provided further, a written job classification shall be approved by the board for each such position, and positions so excluded shall be paid in conformity with the Variable Compensation Plan;

(xvii) Employees whose employment is solely in connection with an agency's contract to produce, store or transport goods, and whose compensation is derived therefrom;

(xviii) Repealed;

(xix) The associate director, deputy directors and bureau directors within the Department of Agriculture and Commerce;

(xx) Personnel employed by the Mississippi Industries for the Blind; provided, that any agency may enter into contracts for the personal services of MIB employees without the prior approval of the State Personnel Board or the State Personal Service Contract Review Board; however, any agency contracting for the personal services of an MIB employee shall provide the MIB employee with not less than the entry level compensation and benefits that the agency would provide to a full-time employee of the agency who performs the same services.

(d) "Agency" means any state board, commission, committee, council, department or unit thereof created by the Constitution or statutes if such board, commission, committee, council, department, unit or the head thereof, is authorized to appoint subordinate staff by the Constitution or statute, except a legislative or judicial board, commission, committee, council, department or unit thereof.

SECTION 8. 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 * * *.

(5) The full and complete compensation for all public duties rendered by * * * criminal investigators shall be set by the State Personnel Board but shall not be more than Forty-nine Thousand Five Hundred Dollars ($49,500.00) per annum * * *.

(6) Any criminal investigator, whose employment begins on or after January 1, 2004, shall 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 9. Section 25-9-115, Mississippi Code of 1972, is amended as follows:

25-9-115. It shall be the specific duty and function of the State Personnel Board to:

(a) Represent the public interest in the improvement of personnel administration in the state departments, agencies and institutions covered by the State Personnel System;

(b) Determine appropriate goals and objectives for the State Personnel System and prescribe policies for their accomplishment, with the assistance of the Mississippi Personnel Advisory Council;

(c) Adopt and amend policies, rules and regulations establishing and maintaining the State Personnel System. Such rules and regulations shall not be applicable to the emergency hiring of employees by the Public Employees' Retirement System pursuant to Section 25-11-15(7). The rules and regulations of the Mississippi Classification Commission and the Mississippi Coordinated Merit System Council serving federal grant-aided agencies in effect on February 1, 1981, shall remain in effect until amended, changed, modified or repealed by the board;

(d) Ensure uniformity in all functions of personnel administration in those agencies required to comply with the provisions of this chapter. The board may delegate authority to the State Personnel Director as deemed necessary for the timely, effective and efficient implementation of the State Personnel System;

(e) Appoint an employee appeals board, consisting of three (3) hearing officers, for the purpose of holding hearings, compiling evidence and rendering decisions on employee dismissals and other personnel matters as provided for in Sections 25-9-127 through 25-9-131. Hearing officers are not entitled to serve beyond their appointed term unless reappointed by the State Personnel Board;

(f) Assure uniformity in the administration of state and federal laws relating to merit administration;

(g) Establish an annual budget covering all the costs of board operations;

(h) With the assistance of the Mississippi Personnel Advisory Council, promote public understanding of the purposes, policies and practices of the State Personnel System and advise and assist the state departments, agencies and institutions in fostering sound principles of personnel management and securing the interest of institutions of learning and of civic, professional and other organizations in the improvement of personnel standards under the State Personnel System;

(i) Recommend policies and procedures for the establishment and abolishment of employment positions within state government and develop a system for the efficient use of personnel resources;

(j) Cooperate with state institutions of higher learning in implementing a career management program in state agencies for graduate students in public administration in order to provide state government with a steady flow of professional public managerial talent;

(k) Prescribe rules which shall provide that an employee in state service is not obliged, by reason of his employment, to contribute to a political fund or to render political service, and that he may not be removed or otherwise prejudiced for refusal to do so;

(l) Prescribe rules which shall provide that an employee in state service shall not use his official authority or influence to coerce the political action of a person or body;

(m) Annually report to the Governor and Legislature on the operation of the State Personnel System and the status of personnel administration in state government;

(n) Require submission and approve organization and staffing plans of departments and agencies in state and nonstate service on such forms and according to such regulations as the board may prescribe to control and limit the growth of subordinate executive and administrative units and positions and to provide for agency staff reorganization without prior board approval when authority to reorganize has been delegated to an agency as provided in paragraph (p);

(o) In coordination with appointing authorities, set the annual salaries of those appointed officials whose salaries are not otherwise set by statute who work on a full-time basis in the capacity of agency head, executive director or administrator of any state department, agency, institution, board or commission under the jurisdiction of the State Personnel Board as provided in Section 25-9-101 et seq., in conformity with the State Personnel Board's compensation plan. Salaries of incumbents required by law to serve in their professional capacity as a physician, dentist, veterinarian or attorney shall be set in accordance with Section 25-9-107(c)(xiii);

(p) Authorize the director to enter into formal agreements with department executive directors and agency directors in which employment positions within their agencies may be reallocated and organization charts amended without prior State Personnel Board approval; however, such agreements shall be revocable by the State Personnel Board and continuation shall be contingent upon the reallocations and reorganizations being conducted in accordance with rules and regulations promulgated by the State Personnel Board. In the event the State Personnel Board has delegated reallocation authority to an agency, this delegation does not remove the requirement that agencies submit personal services budget requests each fiscal year for the purpose of preparing personal services continuation budget projections. Such budget requests shall be prepared in accordance with the policies, rules and regulations promulgated by the Department of Finance and Administration, the Legislative Budget Office and the State Personnel Board. Prior to making any reallocation or reorganization effective, each appointing authority who has entered into an agreement as provided in this paragraph shall certify to the State Personnel Board that the total annualized cost of any reallocation or reorganization shall be equal to or less than the cost savings generated through downward reallocation or position abolishment of vacant positions.

The personnel board shall maintain a record of every personnel transaction executed under authority delegated pursuant to this paragraph and shall annually report the total cost of these transactions, by agency, to the Legislative Budget Office and the Department of Finance and Administration.

The State Personnel Board shall prescribe rules requiring the State Personnel Director to perform a compliance audit and evaluation of personnel transactions executed under authority delegated pursuant to this paragraph and to publish a report of the audit listing exceptions taken by the State Personnel Director not later than the first of October each year. In the event the State Personnel Board determines that an agency has misclassified an employee or position as a result of this delegated authority, the State Personnel Board shall be authorized to correct such misclassification regardless of the state service status of the employee holding such position. Authority to correct such misclassifications of filled positions shall be limited to one (1) year from the date which the State Personnel Board receives written notice of the reallocation;

(q) Require that if an employment position has been determined to be in need of reallocation from one occupational class to another, the employee occupying the position shall meet the minimum qualifications for the occupational class to which the position is being reallocated in order for the position to be eligible for the reallocation. However, when a reallocation is based upon an agency reorganization due to documented funds constraints, documented change in agency function, or legislative mandate, a position may be reallocated with prior approval of the State Personnel Board;

(r) Implement a reduction-in-force policy which shall apply uniformly to all state agencies and which shall require that the appointing authority develop an equitable and systematic plan for implementation of an agency-wide reduction-in-force. If a proposed reduction-in-force is the result of a curtailment of general funds, the State Personnel Board shall review the proposed reduction-in-force plan only upon written certification of a general funds shortage from the Department of Finance and Administration. If a proposed reduction-in-force is the result of a curtailment of special funds, the State Personnel Board shall review the proposed reduction-in-force plan only upon written certification of a special funds shortage from the agency. Further, the State Personnel Board shall ensure that any reduction-in-force plan complies with all applicable policies, rules and regulations of the State Personnel Board;

(s) Implement a furlough (involuntary leave without pay) policy which shall apply uniformly to all executive and subordinate employees within an agency, regardless of job class. The State Personnel Board shall review furlough plans only upon written certification of a general funds shortage from the Department of Finance and Administration or written certification of a special funds shortage from the agency. The State Personnel Board shall ensure that any furlough plan complies with all applicable policies, rules and regulations of the State Personnel Board;

(t) No member, officer or employee of the State Personnel Board shall accept or receive any gift, donation, contribution, gratuity, reward, or any other thing of value, or any promise thereof, in exchange for any action taken or decision made regarding the salary or compensation of any person that the State Personnel Board has the authority to approve or establish. A violation of this section by any member, officer or employee of the State Personnel Board shall result in the immediate removal of such person from office or employment.

This section shall stand repealed from and after June 30, 2004.

SECTION 10. Section 57-1-5, Mississippi Code of 1972, is amended as follows:

57-1-5. (1) The Governor shall, with the advice and consent of the Senate, appoint an executive director who:

(a) Shall have at least a bachelor's degree, and

(b) Shall be an experienced administrator and have at least five (5) years' experience in at least one (1) of the following areas:

(i) Industrial development, or

(ii) Economic development.

(2) The executive director shall be the executive officer of the department in the execution of any and all provisions of this chapter, and his salary shall be fixed by the Governor.

(3) The executive director shall have the following powers and duties:

(a) To formulate the policy of the department regarding the economic and tourist development of the state.

(b) To use and expend any funds from state, federal or private sources coming into the department for the purposes herein provided. State funds appropriated for the department shall be expended in accordance with the regulations governing the expenditures of other state funds.

(c) To implement the duties assigned to the department and consistent with specific requirements of law, including, but not limited to:

(i) Support services to include legal, finance, data processing, personnel, communications and advertising, purchasing and accounting;

(ii) Research and planning;

(iii) Outreach, agency liaison and community development;

(iv) Tourism, business travel, and film;

(v) Programs and assistance for existing state business and industry;

(vi) Recruiting new business and industry into the state;

(vii) Fostering and promoting of entrepreneurship and the creation of new business in the state;

(viii) Programs aimed at competing effectively in the international economy by increasing exports of state products and services and by promoting, developing and creating the conditions and programs that will bring about significant increases in investment in the state from other countries;

(ix) Programs relating to the development of ports;

(x) Such other areas as are within the jurisdiction and authority of the department and will foster and promote the economic development of this state.

* * *

SECTION 11. (1) No officer or employee of any state agency, any county, any municipality or any other political subdivision of the state, or any instrumentality thereof, to whom has been assigned, issued or made available the use of a cellular telephone, the cost of which is paid through the use of public funds, shall use such phone for personal use.

(2) A state agency, county, municipality or other political subdivision of the state, or any instrumentality thereof, shall not reimburse any officer or employee for use of his or her personal cellular telephone.

(3) Every state agency, county, municipality and other political subdivision of the state that, at the expense of the governmental entity, assigns, issues or makes available to any of its officers or employees a cellular telephone shall obtain detailed call billing for every cellular account. A list of approved vendors for the delivery of cellular telephone services shall be developed for state agencies and political subdivisions of the state by the Mississippi Department of Information Technology Services. The department may exercise the option of selecting one (1) vendor to provide the services, or if it deems such to be most advantageous to the state, it may select multiple vendors. If it chooses to use multiple vendors, the department may select vendors on the basis of lowest and best bid proposals, or it may establish a state contract per minute price and allow any vendor who agrees to provide service at the contract price to be added to the list of vendors. A state agency or political subdivision may not contract for cellular telephone services with any vendor unless the vendor appears on a list approved by the department.

SECTION 12. Section 25-3-33, Mississippi Code of 1972, which establishes salaries for certain appointed state officials, and Section 25-3-39, Mississippi Code of 1972, which prohibits certain state employees from being paid a salary that exceeds the salary of the Governor or the salary of the executive head of the agency by which such person is employed, are repealed.

SECTION 13. The Attorney General of the State of Mississippi shall submit Sections 1 through 4, Sections 6 through 9 and Section 12 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 14. Sections 5, 10, and 13 of this act shall take effect and be in force from and after its passage. Section 9 of this act shall take effect and be in force from and after June 30, 2003. Section 11 of this act shall take effect and be in force from and after October 2, 2003. Sections 1 through 4, Sections 6 through 8 and Section 12 of this act shall take effect and be in force from and after January 1, 2004, or the date that such sections are effectuated under the Voting Rights Act of 1965, as amended and extended, whichever is later.