House Bill 79

AN ACT TO AMEND SECTION 9-4-13, MISSISSIPPI CODE OF 1972, TO PROVIDE AN OFFICE OPERATING ALLOWANCE FOR CERTAIN JUDGES OF THE COURT OF APPEALS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-4-13, Mississippi Code of 1972, is amended as follows:

9-4-13. (1) The judges of the Court of Appeals shall receive salaries as provided for in Section 25-3-35, shall be reimbursed for mileage expenses incurred in performing their duties at the rate authorized by law for public officials and employees as provided for in Section 25-3-41, and shall receive an expense allowance as provided for in Section 25-3-43.

(2) Each judge of the Court of Appeals whose legal residence is sixty (60) miles or greater from the location of the Court of Appeals in the City of Jackson will receive an office operating allowance for the expenses of maintaining and operating an office of the judge in the judge's district. The office operating allowance will be in the amount of Five Hundred Dollars ($500.00) per month and is for expenditures necessary and incident to maintaining the office of the judge in the judge's district, as itemized and certified by the judge to the Supreme Court. The Supreme Court, through the Administrative Office of Courts, shall submit the itemized and certified expenses for the office operating allowance to the Department of Finance and Administration for payment.

(3) Staff attorneys, law clerks and all other employees of the Court of Appeals shall be of the same grade classification as Supreme Court employees performing the same or similar duties.

SECTION 2. 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 3. This act shall take effect and be in force from and after July 1, 2004, if it is effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended. If it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after July 1, 2004, 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.