MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Fees and Salaries of Public Officers; Appropriations

By: Representative Middleton

House Bill 1331

AN ACT TO AMEND SECTION 5-1-41, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EACH SENATOR AND REPRESENTATIVE OF THE LEGISLATURE SHALL RECEIVE AS COMPENSATION AN AMOUNT ESTABLISHED BY THE STATE PERSONNEL BOARD; TO AMEND SECTION 5-1-43, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SALARY OF THE LIEUTENANT GOVERNOR AND SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL BE AN AMOUNT ESTABLISHED BY THE STATE PERSONNEL BOARD; TO AMEND SECTION 5-1-45, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PRESIDENT PRO TEMPORE OF THE SENATE SHALL RECEIVE AN ANNUAL SALARY IN AN AMOUNT ESTABLISHED BY THE STATE PERSONNEL BOARD; TO AMEND SECTION 5-1-46, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SALARY OF THE SPEAKER PRO TEMPORE OF THE HOUSE OF REPRESENTATIVES SHALL BE ESTABLISHED BY THE STATE PERSONNEL BOARD; TO AMEND SECTION 5-1-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EACH SENATOR AND REPRESENTATIVE OF THE LEGISLATURE AND THE LIEUTENANT GOVERNOR SHALL RECEIVE AN EXPENSE ALLOWANCE IN AN AMOUNT ESTABLISHED BY THE STATE PERSONNEL BOARD; TO AMEND SECTION 5-1-51, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; 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:

     5-1-41.  Beginning with the 2007 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 an amount established by the State Personnel Board 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, 2007, each Senator and Representative shall receive for attending each extraordinary session or called session an amount established by the State Personnel Board and mileage at the same rate as per regular session.  In addition to the above, beginning on April 16, 2007, each Senator and Representative and the Lieutenant Governor shall receive an amount established by the State Personnel Board for expenses incidental to such office for every full month of the Senator's or Representative's 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:

     5-1-43.  (1)  Beginning July 1, 2006, the salary of the Lieutenant Governor and of the Speaker of the House of Representatives shall be an amount established by the State Personnel Board, and they shall receive for attending each extraordinary or called session the same compensation and mileage as is provided for members of the Legislature. * * *

     (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:

     5-1-45.  Beginning on July 1, 2006, the President Pro Tempore of the Senate shall receive an annual salary in an amount established by the State Personnel Board.  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:

     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 established by the State Personnel Board.  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 5-1-47, Mississippi Code of 1972, is amended as follows:

     5-1-47.  (1)  In addition to the regular salary and mileage provided by law, an expense allowance in an amount established by the State Personnel Board for each legislative day in actual attendance at a session shall be paid to the Lieutenant Governor and members of the Senate and House of Representatives, together with an additional mileage allowance as 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 is in session, which said expense allowance and additional mileage allowance shall be paid at the end of each seven (7) day period while the Legislature is in session.

     In addition to the mileage allowance provided for in the above paragraph, an expense allowance in an amount established by the State Personnel Board shall be paid to the Lieutenant Governor and members of the Senate and House of Representatives * * * for any day between legislative sessions while attending to legislative duties, upon the approval of the appropriate management committee of the Senate or House, as the case may be.

     (2)  The expense allowance and additional mileage allowance provided by this section for the Lieutenant Governor and members of the Senate shall be paid from the appropriate legislative fund of the Senate as provided by law, and the expense allowance and additional mileage allowance for members of the House of Representatives shall be paid from the appropriate legislative fund of said House of Representatives as provided by law, upon warrants drawn for such purpose in the manner provided by law.

     SECTION 6.  Section 5-1-51, Mississippi Code of 1972, is amended as follows:

     5-1-51. * * *  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 salary of the * * * President Pro Tempore of the Senate  * * * be payable immediately upon both houses terminating the consideration of all bills. * * *

 * * *

     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.