Senate Bill 2603

(As Passed the Senate)

AN ACT TO AMEND SECTION 25-3-39, MISSISSIPPI CODE OF 1972, TO ALLOW AN EXECUTIVE AGENCY HEAD TO DECLINE A STATE SALARY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-3-39, Mississippi Code of 1972, is amended as follows:

25-3-39. (1) No public officer, public employee, administrator or executive head of any arm or agency of the state, in the executive branch of government, shall be paid a salary or compensation, directly or indirectly, greater than one hundred fifty percent (150%) the salary fixed in Section 25-3-31 for the Governor. 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, and licensed physicians who are public employees, shall be exempt from this subsection. The Governor shall fix the annual salary of the Executive Director of the Mississippi Development Authority and the annual salary of the Chief of Staff of the Governor's Office, which salaries shall be completely paid by the state and may not be supplemented with any funds from any source, including federal or private funds. Provided, however, that the salary of the Executive Director of the Mississippi Development Authority and the Governor's Chief of Staff shall not be greater than one hundred fifty percent (150%) of the salary of the Governor. Furthermore, all professional employees who hold a bachelor's degree or more advanced degree from an accredited four-year college or university or a certificate or license issued by a state licensing board, commission or agency and who are employed by the Department of Mental Health shall be exempt from this subsection if the State Personnel Board approves the exemption.

(2) No public officer, employee or administrator shall be paid a salary or compensation, directly or indirectly, in excess of the salary of the executive head of the state agency or department in which he is employed. The State Personnel Board, based upon its findings of fact, may exempt physicians and actuaries from this subsection when the acquisition of such professional services is precluded based on the prevailing wage in the relevant labor market.

(3) Nothing in this section shall be construed to prohibit an executive head of any arm or agency of the state in the executive branch of government directly under the appointing authority of the Governor from declining a salary or compensation from the state. In the event that any executive head of any arm or agency of the state directly under the appointing authority of the Governor declines a salary or compensation from the state, the salary or compensation for public officers, employees or administrators for whom Section 25-3-39(2) applies shall be based upon the established end salary for said executive head, as established by the State Personnel Board.

SECTION 2. This act shall take effect and be in force from and after its passage.