MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Fees and Salaries of Public Officers
By: Representative Bondurant
AN ACT TO AMEND SECTIONS 5-1-41, 5-1-43, 5-1-45, 5-1-46, MISSISSIPPI CODE OF 1972, TO REDUCE THE SALARIES OF MEMBERS OF THE LEGISLATURE UNTIL JUNE 30, 2005, UNTIL WHICH TIME THE SALARIES SHALL REVERT BACK TO THE AMOUNT IN EFFECT BEFORE SUCH DATE; TO BRING FORWARD SECTION 5-1-51, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 25-3-31, MISSISSIPPI CODE OF 1972, TO REDUCE THE SALARIES OF CERTAIN ELECTED OFFICIALS UNTIL JUNE 30, 2005, UNTIL WHICH TIME THE SALARIES SHALL REVERT BACK TO THE AMOUNT IN EFFECT BEFORE SUCH DATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 5-1-41, Mississippi Code of 1972, is amended as follows:
[Until June 30, 2006, this section shall read as follows:]
5-1-41. Beginning with the 1986 Regular Session of the Legislature of the State of Mississippi, each Senator and Representative of the Legislature shall receive as compensation at each regular session the sum of Nine Thousand Dollars ($9,000.00) and the mileage allowance provided by Section 25-3-41, for each mile of the distance by the most direct route usually traveled in coming to and returning from the place where the Legislature sits. Beginning on April 16, 1997, each Senator and Representative shall receive for attending each extraordinary session or called session the sum of Seventy-five Dollars ($75.00) per day and mileage at the same rate as per regular session. In addition to the above, beginning on April 16, 1997, each Senator and Representative and the Lieutenant Governor shall receive the sum of One Thousand Five Hundred Dollars ($1,500.00) per month for expenses incidental to his office for every full month of his term, except any month or major fraction thereof when the Legislature is convened in regular or extraordinary session; and payments shall be made to each Senator and Representative and the Lieutenant Governor by the State Treasurer between the first and tenth day of each month following the month for which the payments are due.
[From and after July 1, 2006, this section shall read as follows:]
5-1-41. Beginning with the 1986 Regular Session of the Legislature of the State of Mississippi, each Senator and Representative of the Legislature shall receive as compensation at each regular session the sum of Ten Thousand Dollars ($10,000.00) and the mileage allowance provided by Section 25-3-41, for each mile of the distance by the most direct route usually traveled in coming to and returning from the place where the Legislature sits. Beginning on April 16, 1997, each Senator and Representative shall receive for attending each extraordinary session or called session the sum of Seventy-five Dollars ($75.00) per day and mileage at the same rate as per regular session. In addition to the above, beginning on April 16, 1997, each Senator and Representative and the Lieutenant Governor shall receive the sum of One Thousand Five Hundred Dollars ($1,500.00) per month for expenses incidental to his office for every full month of his term, except any month or major fraction thereof when the Legislature is convened in regular or extraordinary session; and payments shall be made to each Senator and Representative and the Lieutenant Governor by the State Treasurer between the first and tenth day of each month following the month for which the payments are due.
SECTION 2. Section 5-1-43, Mississippi Code of 1972, is amended as follows:
[Until June 30, 2006, this section shall read as follows:]
5-1-43. (1) The salary of the Lieutenant Governor and of the Speaker of the House of Representatives shall be Fifty-four Thousand Dollars ($54,000.00) annually, and they shall receive for attending each extraordinary or called session the same compensation and mileage as is provided for members of the Legislature. However, in the event the Lieutenant Governor serving on the effective date of Laws, 1997, Chapter 577, shall be re-elected for the term beginning in the year 2000, he shall continue to receive an annual salary of Forty Thousand Eight Hundred Dollars ($40,800.00).
(2) On the first day of each month, the Lieutenant Governor and the Speaker of the House of Representatives shall receive in twelve (12) equal monthly installments the compensation provided for pursuant to subsection (1) of this section.
[From and after July 1, 2006, this section shall read as follows:]
5-1-43. (1) The salary of the Lieutenant Governor and of the Speaker of the House of Representatives shall be Sixty Thousand Dollars ($60,000.00) annually, and they shall receive for attending each extraordinary or called session the same compensation and mileage as is provided for members of the Legislature. However, in the event the Lieutenant Governor serving on the effective date of Laws, 1997, Chapter 577, shall be re-elected for the term beginning in the year 2000, he shall continue to receive an annual salary of Forty Thousand Eight Hundred Dollars ($40,800.00).
(2) On the first day of each month, the Lieutenant Governor and the Speaker of the House of Representatives shall receive in twelve (12) equal monthly installments the compensation provided for pursuant to subsection (1) of this section.
SECTION 3. Section 5-1-45, Mississippi Code of 1972, is amended as follows:
[Until June 30, 2006, this section shall read as follows:]
5-1-45. Beginning on June 4, 1997, the President Pro Tempore of the Senate shall receive an annual salary in an amount equal to Thirteen Thousand Five Hundred Dollars ($13,500.00). The salary provided for the President Pro Tempore under this section shall be in addition to the compensation and expense allowance established for members of the Legislature under Section 5-1-41.
[From and after July 1, 2006, this section shall read as follows:]
5-1-45. Beginning on June 4, 1997, the President Pro Tempore of the Senate shall receive an annual salary in an amount equal to Fifteen Thousand Dollars ($15,000.00). The salary provided for the President Pro Tempore under this section shall be in addition to the compensation and expense allowance established for members of the Legislature under Section 5-1-41.
SECTION 4. Section 5-1-46, Mississippi Code of 1972, is amended as follows:
[Until June 30, 2006, this section shall read as follows:]
5-1-46. Beginning on June 4, 1997, the Speaker Pro Tempore of the House of Representatives shall receive an annual salary in an amount equal to Thirteen Thousand Five Hundred Dollars ($13,500.00). The salary provided for the Speaker Pro Tempore under this section shall be in addition to the compensation and expense allowance established for members of the Legislature under Section 5-1-41.
[From and after July 1, 2006, this section shall read as follows:]
5-1-46. Beginning on June 4, 1997, the Speaker Pro Tempore of the House of Representatives shall receive an annual salary in an amount equal to Fifteen Thousand Dollars ($15,000.00). The salary provided for the Speaker Pro Tempore under this section shall be in addition to the compensation and expense allowance established for members of the Legislature under Section 5-1-41.
SECTION 5. Section 5-1-51, Mississippi Code of 1972, is brought forward as follows:
5-1-51. (1) The mileage and one-third (1/3) of the salary for a regular session may be received at the beginning of the session. After thirty (30) days of the session have expired another one-third (1/3) may be received and the remainder at the close of the session. Provided that the remaining one-third (1/3) of their salaries of any regular session and the remainder of the unpaid salaries of the Lieutenant Governor, President Pro Tempore of the Senate and the Speaker of the House be payable immediately upon both houses terminating the consideration of all bills. If the member of the Legislature, or Lieutenant Governor, or Speaker of the House does not file a written authorization to have his salary paid as provided in subsection (2) of this section, his salary shall be paid at the time and in the manner provided in this subsection.
(2) If, however, any member of the Legislature, or the Lieutenant Governor, or Speaker of the House files a written authorization with the Clerk of the House, or the Secretary of the Senate, as the case may be, depending upon the legislative body in which he holds office, authorizing the payment of his salary in the manner specified below, such authorization shall be binding upon him and his estate, and the method and manner of payment specified below shall not be changed, in any event, during the remainder of his term of office in which he has given such written authorization:
(a) A member of the House of Representatives, or a member of the Senate, giving such authorization, shall receive his pay as follows:
The mileage and One Thousand Dollars ($1,000.00) at the beginning of the session; One Thousand Dollars ($1,000.00) after thirty (30) days of the session have expired; Eight Hundred Fifty Dollars ($850.00) shall be payable on April 2 of the year in which the regular session is held; Fifty Dollars ($50.00) shall be payable on July 31, Fifty Dollars ($50.00) shall be payable on October 31 of the year in which the regular session is held and Fifty Dollars ($50.00) shall be payable on January 31 of the year following the year in which the regular session is held.
(b) The Lieutenant Governor, or the Speaker of the House, giving such authorization, shall receive their pay in the following manner:
The mileage and One Thousand Five Hundred Dollars ($1,500.00) at the beginning of the regular session; One Thousand Five Hundred Dollars ($1,500.00) after thirty (30) days of the session have expired; One Thousand Three Hundred Fifty Dollars ($1,350.00) shall be payable on April 2 of the year in which the regular session is held; and Fifty Dollars ($50.00) shall be payable on July 31, Fifty Dollars ($50.00) shall be payable on October 31 of the year in which the regular session is held, and Fifty Dollars ($50.00) shall be payable January 31 of the year next following the year in which the regular session was held.
SECTION 6. Section 25-3-31, Mississippi Code of 1972, is amended as follows:
[Until June 30, 2006, 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....................................... $109,944.00
Attorney General............................... 98,064.00
Secretary of State............................. 81,000.00
Commissioner of Insurance...................... 81,000.00
State Treasurer................................ 81,000.00
State Auditor of Public Accounts............... 81,000.00
Commissioner of Agriculture and Commerce....... 81,000.00
Transportation Commissioners................... 70,200.00
Public Service Commissioners................... 70,200.00
* * *
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.
This section shall stand repealed from and after January 1, 2007.
[From and after July 1, 2006, 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....................................... $122,160.00
Attorney General............................... 108,960.00
Secretary of State............................. 90,000.00
Commissioner of Insurance...................... 90,000.00
State Treasurer................................ 90,000.00
State Auditor of Public Accounts............... 90,000.00
Commissioner of Agriculture and Commerce....... 90,000.00
Transportation Commissioners................... 78,000.00
Public Service Commissioners................... 78,000.00
* * *
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 7. 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 8. 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.