Senate Bill 2523

AN ACT TO AMEND SECTION 25-3-43, MISSISSIPPI CODE OF 1972, TO AUTHORIZE EACH SUPREME COURT JUSTICE AND EACH JUDGE OF THE COURT OF APPEALS TO RECEIVE AN EXPENSE ALLOWANCE WHILE ACTUALLY ATTENDING JUDICIAL DUTIES IN ANY AREA OF THE STATE FOR A CERTAIN AMOUNT OF DAYS; TO PROVIDE THAT NO JUSTICE OR JUDGE SHALL RECEIVE AN EXPENSE ALLOWANCE FOR MORE THAN THE CERTAIN AMOUNT OF DAYS PREVIOUSLY AUTHORIZED BY LAW; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-3-43, Mississippi Code of 1972, is amended as follows:

25-3-43. (1) When any chancery judge, county judge or circuit judge shall be required to travel in the performance of his official duties, such judge shall receive as expenses of such travel the mileage allowance and a reimbursement for other actual and necessary expenses incurred in such travel as provided for public officers and employees in Section 25-3-41, Mississippi Code of 1972. This shall be the entire travel allowances or travel expenses received by such judges.

(2) Chancery judges and circuit judges shall direct requests for reimbursement for the travel expenses authorized pursuant to this section to the Supreme Court and the Supreme Court shall submit such requests to the Department of Finance and Administration.

(3) The Supreme Court shall have the power to adopt rules and regulations regarding the administration of travel expenses authorized pursuant to this section.

(4) In any county in which is located a State Penitentiary, the board of supervisors, in order to compensate the justice court judges who are required to travel to the State Penitentiary, is authorized to reimburse justice court judges' mileage in the amount authorized by Section 25-3-41, but not to exceed One Hundred Dollars ($100.00) per month, such monies to be paid from the general county fund of such county.

(5) (a) In addition to the regular salary provided by Section 25-3-35 and the mileage reimbursement provided by Section 25-3-41, each Supreme Court Justice and each judge of the Court of Appeals shall receive an expense allowance as specified in this subsection. The expense allowance shall be equal to the maximum daily expense rate allowable to employees of the federal government for travel in the high-rate geographical area of Jackson, Mississippi, as may be established by federal regulations, per day, for each day:

(i) While actually attending to judicial duties in Jackson, Mississippi, not to exceed twenty (20) days per month; and

(ii) While actually attending to judicial duties in any area of the state, not to exceed twelve (12) days per month.

(b) In no case, shall a justice or judge receive more than twenty (20) days in total of an expense allowance authorized under this subsection.

SECTION 2. This act shall take effect and be in force from and after its passage.