House Bill 1379

AN ACT TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF THE JUSTICES OF THE SUPREME COURT, JUDGES OF THE COURT OF APPEALS, JUDGES OF THE CHANCERY AND CIRCUIT COURTS, DISTRICT ATTORNEYS AND ASSISTANT DISTRICT ATTORNEYS, AND TO CREATE THE "MISSISSIPPI JUSTICE ENHANCEMENT FUND" IN THE STATE TREASURY TO ASSIST IN FUNDING THOSE SALARIES; TO AMEND SECTION 63-13-11, MISSISSIPPI CODE OF 1972, TO INCREASE MOTOR VEHICLE INSPECTION FEES FOR THE PURPOSE OF GENERATING ADDITIONAL FUNDS FOR THE PAYMENT OF THE SALARIES OF THE JUDICIARY AND DISTRICT ATTORNEYS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-3-35, Mississippi Code of 1972, is amended as follows:

25-3-35. (1) The annual salaries of the following judges are fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:

Chief Justice of the Supreme Court............. $145,390.00

Presiding Justice of the Supreme Court......... 143,190.00

Associate Justices of the Supreme Court, each.. 142,530.00

However, in addition to their present official duties, there are imposed upon the Supreme Court justices the extra duties of making a special study of existing laws and reporting to each regular session of the Legislature such constructive suggestions as they may deem necessary for the improvement of the administration of justice, and of identifying and directing the State Librarian to apply for grants and donations from any public or private source for the purpose of enhancing the holdings of the State Law Library, and of advising and counseling with the State Librarian in the selection of law books for purchase and use in the State Law Library, advising with the librarian thereof upon the removal from the library of any books which may be the least frequently used, and for the placing of same in a convenient location so as to provide additional space for such books and other current publications which may be more frequently used or called for. For such extra services each justice, from and after July 1, 2012, shall receive a sum sufficient when added to the present salaries of the justices to aggregate One Hundred Forty-five Thousand Three Hundred Ninety Dollars ($145,390.00) for the Chief Justice, One Hundred Forty-three Thousand One Hundred Ninety Dollars ($143,190.00) for the presiding justice, and One Hundred Forty-two Thousand Five Hundred Thirty Dollars ($142,530.00) for associate justices, per annum. As each existing term expires and the above-captioned salaries become effective in due course, the extra duties and compensation provided for shall cease.

The fixed salaries as specified in this subsection (1) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.

(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:

Chief Judge of the Court of Appeals............ $138,130.00

Associate Judges of the Court of Appeals, each. 135,050.00

However, in addition to their present official duties, there are imposed upon the judges of the Court of Appeals the extra duties of making a special study of existing laws and reporting to the Supreme Court of the State of Mississippi such constructive suggestions as they may deem necessary for the improvement of the administration of justice, and assisting in advising and counseling with the State Librarian in the selection of law books for purchase and use in the State Law Library, assisting in advising with the librarian thereof upon the removal from the library of any books which may be the least frequently used, and for the placing of same in a convenient location so as to provide additional space for such books and other current publications which may be more frequently used or called for. For such extra services each judge, from and after July 1, 2012, shall receive a sum sufficient when added to the present salaries of the judges to aggregate One Hundred Thirty-eight Thousand One Hundred Thirty Dollars ($138,130.00) for the Chief Judge and One Hundred Thirty-five Thousand Fifty Dollars ($135,050.00) for associate judges, per annum. As each existing term expires and the above-captioned salaries become effective in due course, the extra duties and compensation provided for shall cease.

The fixed salaries as specified in this subsection (2) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.

(3) The annual salaries of the chancery and circuit court judges are fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:

Chancery Judges, each.......................... $134,170.00

Circuit Judges, each........................... 134,170.00

In addition to their present official duties, there are imposed upon the chancery and circuit court judges the extra duties of making a special study of existing laws relating to trial courts and reporting to the Supreme Court of the State of Mississippi such constructive suggestions as they may deem necessary for the improvement of the administration of justice, which shall be recommended to the Legislature by the Supreme Court in the manner provided by law. The judges shall advise and supervise in the purchase of law books for the libraries of each district, and shall study and evaluate the inventory of books and facilities now existing in the libraries of each district to effect the removal and relocation of obsolete publications so as to provide additional space for those books and current publications more frequently used. The judges shall seek and identify any grants and donations from any public or private source for the purpose of enhancing the holdings of the libraries of each district. The judges shall study the existing rules promulgated by the circuit and chancery court judicial associations governing the operation of chancery and circuit courts, and revise the same pursuant to existing laws. For such extra services each judge, from and after July 1, 2012, shall receive a sum sufficient when added to the present salaries of the judges to aggregate One Hundred Thirty-four Thousand One Hundred Seventy Dollars ($134,170.00) per annum for each judge. Upon the expiration of the existing term, the above-captioned salaries become effective in due course, and the extra duties and compensation provided for shall cease.

(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 Twenty-five Thousand Seven Hundred Ninety-six Dollars ($125,796.00).

(6) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than: eighty percent (80%) of the salary of the district attorney for legal assistants who have been licensed to practice law for five (5) years or less; eighty-five percent (85%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least five (5) years but less than fifteen (15) years; and ninety percent (90%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least fifteen (15) years or more.

(7) (a) There is created in the State Treasury a special fund to be known as the "Mississippi Justice Enhancement Fund." The purpose of the fund is to provide pay for the judges and prosecutors whose salaries are established in this section. The monies in the fund must be distributed and used to assist in the funding of the salaries of judges and prosecutors established under this section.

(b) The fund is a continuing fund, not subject to fiscal-year limitations, and consists of:

(i) Monies derived from Section 63-13-11;

(ii) Monies appropriated by the Legislature for the purpose of providing supplemental pay;

(iii) Interest accruing to the fund;

(iv) Monies received from the federal government;

(v) Donations; and

(vi) Monies received from other sources, as may be provided by law.

SECTION 2. Section 63-13-11, Mississippi Code of 1972, is amended as follows:

63-13-11. A fee of Ten Dollars ($10.00) shall be charged for an inspection and issuance of a certificate of inspection for vehicles registered in this state. A fee of Twenty Dollars ($20.00) shall be charged for an inspection and issuance of a certificate of inspection for vehicles registered in another state unless a reciprocal agreement, as provided for in Section 63-13-7, has been approved, in which event no Mississippi certificate of inspection shall be required. The fee for state registered vehicles shall include a charge of Two Dollars ($2.00) per certificate of inspection, which shall be remitted to the Mississippi Department of Public Safety. The fee for motor vehicles registered in another state includes a charge of Nine Dollars ($9.00) per certificate of inspection, which shall be remitted to the Department of Public Safety. The funds so received by the department shall be deposited in the General Fund of the State Treasury in accordance with the provisions of Section 45-1-23(2). The fee for each state registered vehicle includes a charge of Five Dollars ($5.00) per certificate of inspection, which fee must be remitted to the Mississippi Justice Enhancement Fund in the State Treasury, as created by Section 25-3-35(7). The fee for a motor vehicle registered in another state includes a charge of Ten Dollars ($10.00), which fee also must be remitted to the Mississippi Justice Enhancement Fund in the State Treasury.

The portion of the fee which is not remitted to the department may be retained by the official inspection stations.

SECTION 3. 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 4. This act shall take effect and be in force from and after July 1, 2012, 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, 2012, 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.