House Bill 1249

AN ACT TO AMEND SECTION 25-3-39, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SALARY OF THE EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEVELOPMENT AUTHORITY TO BE GREATER THAN ONE HUNDRED FIFTY PERCENT OF THE SALARY OF THE GOVERNOR AND TO BE SUPPLEMENTED WITH FUNDS FROM ANY SOURCE, INCLUDING FEDERAL OR PRIVATE FUNDS; 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) Except as otherwise provided in this section, 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%) of the salary fixed in Section 25-3-31 for the Governor, nor shall the salary of any public officer, public employee, administrator, or executive head of any arm or agency of the state, in the executive branch of government, be supplemented with any funds from any source, including federal or private funds. Such salaries shall be completely paid by the state. 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 * * *. * * * The salary of * * * the Governor's Chief of Staff shall not be greater than one hundred fifty percent (150%) of the salary of the Governor and shall be completely paid by the state, and shall not be supplemented with funds from any other source. The salary of the Executive Director of the Mississippi Development Authority may be greater than one hundred fifty percent (150%) of the salary of the Governor and may be supplemented with funds from any source, including federal or private funds. However, any individual or entity which provides private funds is prohibited from disclosing such to the Executive Director of the Mississippi Development Authority. Such disclosure shall result in a penalty of up to one hundred percent (100%) of the full dollar amount provided by said individual or entity as determined by the Ethics Commission. 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 the salary or compensation limitation of one hundred fifty percent (150%) of the salary fixed for the Governor in 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 authorized to be paid 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) The executive head of any state agency or department appointed by the Governor, in such executive head's discretion, may waive all or any portion of the salary or compensation lawfully established for the position.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.