MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Education; Appropriations

By: Senator(s) Hill, Hudson, Smith, Watson, Doty, Gandy, Jackson (15th), Collins, Younger

Senate Bill 2387

AN ACT TO AMEND SECTION 37-3-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SALARY OF THE STATE SUPERINTENDENT OF PUBLIC EDUCATION SHALL BE SET BY THE STATE BOARD OF EDUCATION SUBJECT TO THE APPROVAL OF THE STATE PERSONNEL BOARD AND SUBJECT TO A MAXIMUM AMOUNT; TO AMEND SECTION 37-101-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SALARY OF THE COMMISSIONER OF HIGHER EDUCATION SHALL BE SET BY THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING SUBJECT TO A MAXIMUM AMOUNT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-3-9, Mississippi Code of 1972, is amended as follows:

     37-3-9.  (1)  There shall be a State Superintendent of Public Education who shall be appointed by the State Board of Education, with the advice and consent of the Senate, and serve at the board's will and pleasure.  He shall be the Chief Administrative Officer for the State Department of Education and shall administer the department in accordance with the policies established by the State Board of Education. * * *The State Superintendent of Education, serving on July 1, 2011, shall continue to receive the salary that he was receiving on January 1, 2011.  From and after the completion of the term of the said superintendent serving on July 1, 2011,  Effective July 1, 2015, the salary of the State Superintendent of Education shall be established by the State Board of Education, subject to the approval of the State Personnel Board, in an amount not to exceed One Hundred Seventy-five Thousand Dollars ($175,000.00).  The State Superintendent of Public Education shall have at least a master's degree in any field and a minimum of five (5) years' experience in administration in the educational field.

     (2)  The State Superintendent shall give bond in the penalty of Seventy-five Thousand Dollars ($75,000.00), with sureties to be approved by the Governor, conditioned according to law.  The bond, when approved, shall be filed and recorded in the Office of the Secretary of State.

     SECTION 2.  Section 37-101-7, Mississippi Code of 1972, is amended as follows:

     37-101-7.  Within ten (10) days after the beginning of the terms of office of its members, upon call of the Governor, the Board of Trustees of State Institutions of Higher Learning shall meet in the City of Jackson and organize by electing one (1) of its number as president, whose term of office shall be for one (1) year or until a successor shall be elected, and shall transact such other business as may come before the meeting.  When the presiding officer has voted and the result is a tie, he cannot vote again to break the tie.

     The trustees shall have authority to appoint a nonmember as Commissioner of Higher Education, who shall possess the highest qualifications as an administrator and research worker.  The Commissioner of Higher Education shall maintain an office and be responsible to the board for the efficient functioning of the staff which the board may from time to time establish.  It shall be the duty of the Commissioner of Higher Education to make constant inquiry into the problems of higher education, to survey and study carefully the organization, management and all other affairs of each institution under the control of said trustees, to make report of all findings and recommend such changes as will increase efficiency and economy in the operation of each institution, and to perform such other duties as the board may prescribe.  The Commissioner of Higher Education shall be responsible for compiling all laws and all rules and regulations of a general nature adopted by the board for the governance of the various institutions of higher learning in pamphlet or loose-leaf form.  Current copies of such compilations shall be furnished to all officials directly responsible for the carrying out of such laws, rules and regulations.  The expenses for such compilation and publication shall be paid by the board out of any funds available for the operation of said board.

     The trustees shall authorize the employment of such other personnel as may be required from time to time to carry out the functions of the board and may assign to the personnel so employed such functions and duties and may delegate to the commissioner or other personnel such powers of the board as may be necessary to accomplish the purposes for which the board was established.  All such personnel shall be employed by the commissioner with the approval of the board and shall hold office at the pleasure of the commissioner.  The board shall also have the authority to employ on a fee basis such technical and professional assistance as may be necessary to carry out the powers, duties and purposes of the board.

     Effective July 1, 2015, the Commissioner of Higher Education * * *and shall receive a salary in an amount set by the Board of Trustees of State Institutions of Higher Learning not to exceed Two Hundred Thousand Dollars ($200,000.00).  Other personnel employed by the board shall receive reasonable salaries commensurate with their duties and functions, the amount of which shall be fixed by the board.  The reasonable traveling expenses and other authorized expenses incurred by the commissioner and other personnel in the performance of their duties, together with other expenses of the operation of the executive office, shall be prorated and deducted from the appropriations for the current expenses of the several institutions.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2015.