Bill Text: MS HB453 | 2014 | Regular Session | Introduced
Bill Title: State Department of Education; include all employees in state service administered by State Personnel Board.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB453 Detail]
Download: Mississippi-2014-HB453-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Education; Appropriations
By: Representative Baker
House Bill 453
AN ACT TO AMEND SECTION 37-3-13, MISSISSIPPI CODE OF 1972, TO DELETE THOSE PROVISIONS EXEMPTING DEPUTY AND ASSOCIATE SUPERINTENDENTS AND DIRECTORS EMPLOYED BY THE STATE DEPARTMENT OF EDUCATION FROM THE STATE SERVICE ADMINISTERED BY THE STATE PERSONNEL BOARD; TO AMEND SECTION 37-3-1, MISSISSIPPI CODE OF 1972, TO DELETE OUTDATED PROVISIONS REGARDING THE ORGANIZATION OF THE STATE DEPARTMENT OF EDUCATION; TO BRING FORWARD SECTION 37-3-9, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE STATE BOARD OF EDUCATION TO ESTABLISH THE SALARY OF THE STATE SUPERINTENDENT OF PUBLIC EDUCATION, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 37-140-13, MISSISSIPPI CODE OF 1972, TO MOVE CERTAIN PROVISIONS RELATING TO EMPLOYEES' SALARIES AT THE MISSISSIPPI SCHOOL OF THE ARTS FROM SECTION 37-3-13, WHICH RELATES TO EMPLOYEES OF THE STATE DEPARTMENT OF EDUCATION, TO THE CHAPTER OF THE CODE GOVERNING THE SCHOOL OF THE ARTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-3-13, Mississippi Code of 1972, is amended as follows:
37-3-13. * * *
From and after July 1, * * * 2014, the deputy
superintendents, associate superintendents and directors shall be selected by * * *
the
State Superintendent of Public Education, subject to rules and
regulations of the State Personnel Board and the approval of the State
Board of Education. All other personnel shall be competitively appointed,
subject to rules and regulations of the State Personnel Board, by the State
Superintendent * * *
of Public Education. An employee of the State Department of Education
shall be dismissed only for cause in accordance with the rules and regulations
of the State Personnel Board. * * * The State Superintendent, subject to the approval of the
State Personnel Board, shall fix the amount of compensation of all * * * employees of the State Department
of Education. All salaries, compensation or expenses of any of the personnel
of the department shall be paid upon the requisition of the State
Superintendent of Public Education and warrant issued thereunder by the State
Auditor out of funds appropriated by the Legislature in a lump sum upon the
basis of budgetary requirements submitted by the State Superintendent of
Public Education or out of funds otherwise made available. The entire
expense of administering the department shall never exceed the amount
appropriated therefor, plus funds received from other sources other than state
appropriations. For a violation of this provision, the superintendent shall be
liable, and he and the sureties on his bond shall be required to restore any
such excess.
SECTION 2. Section 37-3-1, Mississippi Code of 1972, is amended as follows:
37-3-1. * * *
From and after July 1, 1984, there shall be a State Department of
Education which shall be under the direction and supervision of the State
Superintendent of Public Education. The State Department of Education shall be
organized into functional divisions as established by the State Board of
Education, including any divisions established by law and prescribing the
duties of the directors of such divisions.
SECTION 3. Section 37-3-9, Mississippi Code of 1972, is brought forward 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, the salary of the State Superintendent of Education shall be established by the State Board of Education. 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 4. Section 37-140-13, Mississippi Code of 1972, is amended as follows:
37-140-13. (1) The board shall set the salary of the members of the teaching staff and employees of the school.
(2) All expenditures for the school shall be paid by the State Treasurer on warrants issued by the State Fiscal Officer, and the State Fiscal Officer shall issue his warrants upon requisition signed by the proper person, officer or officers.
SECTION 5. This act shall take effect and be in force from and after July 1, 2014.
