Senate Bill 2307

AN ACT TO AMEND SECTION 25-3-31, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF REPEAL ON THE PROVISION OF LAW ESTABLISHING THE COMPENSATION OF ELECTED STATE AND DISTRICT OFFICERS; TO BRING FORWARD SECTION 25-3-39, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-3-31, Mississippi Code of 1972, is amended as follows:

25-3-31. (1) The annual salaries of the following elected state and district officers are fixed as follows:

Governor........................................... $ 160,000.00

Attorney General..................................... 150,000.00

Secretary of State................................... 120,000.00

Commissioner of Insurance............................ 150,000.00

State Treasurer...................................... 120,000.00

State Auditor of Public Accounts..................... 150,000.00

Commissioner of Agriculture and Commerce.............. 120,000.00

Transportation Commissioners......................... 95,000.00

Public Service Commissioners......................... 95,000.00

(2) To assist the elected state and district officers in subsection (1) of this section in efficiently performing the official duties imposed upon him or her by law, the officer may employ suitable and competent persons who possess the professional skill and expert knowledge needed to fulfill those duties. The State Personnel Board, based upon its findings of fact, shall exempt those persons from the provisions of Section 25-3-39 when the acquisition of such professional services is precluded based upon the prevailing wage in the relevant labor market. This subsection (2) shall stand repealed on July 1, * * * ~~2024~~ 2028.

SECTION 2. Section 25-3-39, Mississippi Code of 1972, is brought forward as follows:

25-3-39. (1) (a) 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 an annual salary greater than one hundred twenty-five percent (125%) 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. The following shall be exempt from this subsection:

(i) Academic officials, members of the teaching staffs and employees of the state institutions of higher learning, the Mississippi Community College Board, and community and junior colleges;

(ii) Licensed physicians who are public employees;

(iii) 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, if the State Personnel Board approves the exemption;

(iv) The Commissioner of Child Protection Services; and

(v) The Executive Director of the Public Employees' Retirement System and the Chief Investment Officer of the Public Employees' Retirement System.

(b) The Governor shall fix the annual salary of the Executive Director of the Mississippi Development Authority, the annual salary of the Commissioner of Child Protection Services, 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 twenty-five percent (125%) of the salary of the Governor and shall be completely paid by the state without supplementation from another source. The salary of the Executive Director of the Mississippi Development Authority may be greater than one hundred twenty-five percent (125%) of the salary of the Governor and may be supplemented with funds from any source, including federal or private funds; however, any state funds used to pay the salary of the Executive Director of the Mississippi Development Authority shall not exceed one hundred twenty-five percent (125%) of the salary of the Governor. If the executive director's salary is supplemented with private funds, the Mississippi Development Authority shall publish on its website the amount of the supplement and the name of the donor of the private funds.

(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 3. This act shall take effect and be in force from and after June 30, 2024.