Bill Text: MS HB931 | 2011 | Regular Session | Introduced


Bill Title: Legislators and certain state elected officials and state employees; reduce salaries of by 10%.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-02-01 - Died In Committee [HB931 Detail]

Download: Mississippi-2011-HB931-Introduced.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Fees and Salaries of Public Officers; Appropriations

By: Representative Gipson

House Bill 931

AN ACT TO AMEND SECTIONS 5-1-41, 5-1-43, 5-1-45 AND 5-1-46, MISSISSIPPI CODE OF 1972, TO REDUCE BY TEN PERCENT THE AMOUNT OF THE ANNUAL SALARY AND MONTHLY EXPENSE ALLOWANCE OF MEMBERS AND OFFICERS OF THE LEGISLATURE; TO AMEND SECTION 25-3-31, MISSISSIPPI CODE OF 1972, TO REDUCE BY TEN PERCENT THE AMOUNT OF THE ANNUAL SALARY OF STATE ELECTED OFFICIALS IN THE EXECUTIVE BRANCH; TO REDUCE BY TEN PERCENT THE AMOUNT OF THE ANNUAL SALARY OF THOSE APPOINTED OFFICERS AND EMPLOYEES OF THE STATE WHOSE ANNUAL SALARY EXCEEDS $100,000.00, BEGINNING AFTER THE STATE FISCAL OFFICER HAS REDUCED THE BUDGETS OF MORE THAN ONE-HALF OF ALL STATE AGENCIES BY TEN PERCENT OR MORE; TO AUTHORIZE THE EXECUTIVE HEADS OF STATE AGENCIES TO OFFER ANY OF THE AGENCY'S EMPLOYEES THE OPTION OF TAKING A PERIOD OF UNPAID FURLOUGH LEAVE AS AN ALTERNATIVE TO TERMINATION OF THE EMPLOYEE'S POSITION WITH THE AGENCY, WHENEVER THE STATE FISCAL OFFICER HAS REDUCED THE BUDGET OF THE AGENCY AND THE EXECUTIVE HEAD DETERMINES THAT THOSE REDUCTIONS IN FUNDS WILL REQUIRE A REDUCTION IN THE AMOUNT OF FUNDS THAT THE AGENCY SPENDS FOR SALARIES FOR THE AGENCY'S EMPLOYEES; TO AMEND SECTION 37-3-9, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 5-1-41, Mississippi Code of 1972, is amended as follows:

     5-1-41.  Beginning with the 2012 Regular Session of the Legislature of the State of Mississippi, each Senator and Representative of the Legislature shall receive as compensation at each regular session the sum of Nine Thousand Dollars ($9,000.00) and the mileage allowance provided by Section 25-3-41, for each mile of the distance by the most direct route usually traveled in coming to and returning from the place where the Legislature sits. Beginning on July 1, 2011, each Senator and Representative shall receive for attending each extraordinary session or called session the sum of Sixty-seven Dollars and Fifty Cents ($67.50) per day and mileage at the same rate as per regular session.  In addition to the above, beginning on July 1, 2011, each Senator and Representative and the Lieutenant Governor shall receive the sum of One Thousand Three Hundred Fifty Dollars ($1,350.00) per month for expenses incidental to his office for every full month of his term, except any month or major fraction thereof when the Legislature is convened in regular or extraordinary session; and payments shall be made to each Senator and Representative and the Lieutenant Governor by the State Treasurer between the first and tenth day of each month following the month for which the payments are due.

     SECTION 2.  Section 5-1-43, Mississippi Code of 1972, is amended as follows:

     5-1-43.  (1)  Beginning on July 1, 2011, the salary of the Lieutenant Governor and of the Speaker of the House of Representatives shall be Fifty-four Thousand Dollars ($54,000.00) annually, and they shall receive for attending each extraordinary or called session the same compensation and mileage as is provided for members of the Legislature. * * *

     (2)  On the first day of each month during a fiscal year, the Lieutenant Governor and the Speaker of the House of Representatives shall receive in twelve (12) equal monthly installments the compensation provided for under subsection (1) of this section.

     SECTION 3.  Section 5-1-45, Mississippi Code of 1972, is amended as follows:

     5-1-45.  Beginning on July 1, 2011, the President Pro Tempore of the Senate shall receive an annual salary in an amount equal to Thirteen Thousand Five Hundred Dollars ($13,500.00).  The salary provided for the President Pro Tempore under this section shall be in addition to the compensation and expense allowance established for members of the Legislature under Section 5-1-41.

     SECTION 4.  Section 5-1-46, Mississippi Code of 1972, is amended as follows:

     5-1-46.  Beginning on July 1, 2011, the Speaker Pro Tempore of the House of Representatives shall receive an annual salary in an amount equal to Thirteen Thousand Five Hundred Dollars ($13,500.00).  The salary provided for the Speaker Pro Tempore under this section shall be in addition to the compensation and expense allowance established for members of the Legislature under Section 5-1-41.

     SECTION 5.  Section 25-3-31, Mississippi Code of 1972, is amended as follows:

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

Governor...................................... $ 109,944.00

Attorney General...............................   98,064.00

Secretary of State.............................   81,000.00

Commissioner of Insurance......................   81,000.00

State Treasurer................................   81,000.00

State Auditor of Public Accounts...............   81,000.00

Commissioner of Agriculture and Commerce.......   81,000.00

Transportation Commissioners...................   70,200.00

Public Service Commissioners...................   70,200.00

     Because Section 118, Mississippi Constitution of 1890, prohibits increasing or decreasing the compensation of the Governor during his term of office, the reduction in the salary of the Governor as provided by House Bill No. ____, 2011 Regular Session, shall not take effect until the term of the Governor that begins in 2012.

     SECTION 6.  (1)  Beginning on the first day of the month after the Joint Legislative Budget Committee has made a determination that the State Fiscal Officer has reduced the estimates of funds for or allocations of funds to more than one-half (1/2) of all general fund agencies and special fund agencies by ten percent (10%) or more under the provisions of Section 27-104-13, the amount of the annual salary of each appointed officer and each employee of the State of Mississippi or any agency, department or institution of the state whose annual salary exceeds One Hundred Thousand Dollars ($100,000.00) shall be reduced by ten percent (10%) of the amount of the salary that was in effect at the end of the preceding month.

     (2)  Whenever the State Fiscal Officer has reduced the estimates of funds for or allocations of funds to a general fund agency or special fund agency under the provisions of Section 27-104-13, and the executive head of the agency determines that those reductions in funds will require a reduction in the amount of funds that the agency spends for salaries, wages and fringe benefits for the agency's employees, the executive head of the agency is authorized to offer any of the agency's employees the option of taking a period of unpaid furlough leave as an alternative to termination of the employee's position with the agency.

     SECTION 7.  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.  He shall receive such compensation in an amount equal to ninety percent (90%) of the salary of the Commissioner of Higher Education.  However, effective from and after the date that the annual salaries of appointed state officers and state employees are reduced under Section 6 of this act, the amount of the salary of the State Superintendent of Public Education shall be reduced by ten percent (10%) of the amount of the salary that was in effect at the end of the preceding month.  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 8.  Sections 1 through 7 of this act shall stand repealed on July 1, 2013.

     SECTION 9.  The Attorney General of the State of Mississippi shall submit Sections 1 through 5 of this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

     SECTION 10.  Sections 6 and 7 of this act shall take effect and be in force from and after July 1, 2011.  Sections 1 through 5 of this act shall take effect and be in force from and after July 1, 2011, or the date they are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, whichever is later.


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