Bill Text: MS HB719 | 2022 | Regular Session | Enrolled
Bill Title: Compensation for certain county officials; increase.
Spectrum: Bipartisan Bill
Status: (Passed) 2022-04-21 - Approved by Governor [HB719 Detail]
Download: Mississippi-2022-HB719-Enrolled.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: County Affairs; Appropriations
By: Representatives Barton, Anthony
House Bill 719
(As Sent to Governor)
AN ACT TO AMEND SECTION 9-1-43, MISSISSIPPI CODE OF 1972, TO INCREASE THE LIMIT ON THE COMPENSATION OF CHANCERY CLERKS AND CIRCUIT CLERKS; TO AMEND SECTION 23-15-225, MISSISSIPPI CODE OF 1972, TO INCREASE THE COMPENSATION OF CIRCUIT CLERKS FOR CONDUCTING ELECTIONS; TO AMEND SECTION 25-3-3, MISSISSIPPI CODE OF 1972, TO INCREASE THE COMPENSATION OF COUNTY TAX ASSESSORS AND COLLECTORS; TO AMEND SECTION 25-7-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CHANCERY CLERKS SHALL RECEIVE A CERTAIN ANNUAL SUM FOR ATTENDING THE MEETINGS OF BOARDS OF SUPERVISORS; TO BRING FORWARD SECTION 25-7-13, MISSISSIPPI CODE OF 1972, WHICH PERTAINS TO THE FEES PAID TO THE CIRCUIT CLERK FOR EACH DAY'S ATTENDANCE UPON THE CIRCUIT COURT TERM, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 25-7-19, MISSISSIPPI CODE OF 1972, WHICH PERTAINS TO FEES CHARGED BY SHERIFFS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 25-7-27, MISSISSIPPI CODE OF 1972, TO INCREASE CERTAIN FEES CHARGED BY MARSHALS AND CONSTABLES; TO BRING FORWARD SECTION 41-61-59, MISSISSIPPI CODE OF 1972, WHICH PERTAINS TO THE COMPENSATION OF COUNTY MEDICAL EXAMINERS, DEPUTY MEDICAL EXAMINERS AND DEPUTY MEDICAL EXAMINER INVESTIGATORS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 41-61-75, MISSISSIPPI CODE OF 1972, TO INCREASE THE COMPENSATION THAT COUNTY MEDICAL EXAMINERS RECEIVE FOR EACH COMPLETED REPORT OF INVESTIGATION OF DEATH; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-1-43, Mississippi Code of 1972, is amended as follows:
9-1-43. (1) After making
deductions for employer contributions paid by the chancery or circuit clerk to
the Public Employees' Retirement System under Sections 25-11-106.1 and 25-11-123(f)(4),
employee salaries and related salary expenses, and expenses allowed as
deductions by Schedule C of the Internal Revenue Code, no office of the
chancery clerk or circuit clerk of any county in the state shall receive fees
as compensation for the chancery clerk's or circuit clerk's services in excess
of * * * Ninety-nine Thousand Five
Hundred Dollars ($99,500.00). All such fees received by the office of
chancery or circuit clerks that are in excess of the salary limitation shall be
deposited by such clerk into the county general fund on or before April 15 for
the preceding calendar year. If the chancery clerk or circuit clerk serves
less than one (1) year, then he shall not receive as compensation any fees in
excess of that portion of the salary limitation that can be attributed to his
time in office on a pro rata basis. Upon leaving office, income earned by any
clerk in his last full year of office but not received until after his last
full year of office shall not be included in determining the salary limitation
of the successor clerk. There shall be exempted from the provisions of this
subsection any monies or commissions from private or governmental sources
which: (a) are to be held by the chancery or circuit clerk in a trust or custodial
capacity as prescribed in subsections (4) and (5); or (b) are received as
compensation for services performed upon order of a court or board of
supervisors which are not required of the chancery clerk or circuit clerk by
statute.
(2) It shall be unlawful
for any chancery clerk or circuit clerk to use fees in excess of * * *
Ninety-nine Thousand Five Hundred Dollars ($99,500.00), to pay the
salaries or actual or necessary expenses of employees who are related to such
clerk by blood or marriage within the first degree of kinship according to the
civil law method of computing kinship as provided in Sections 1-3-71 and 1-3-73.
However, the prohibition of this subsection shall not apply to any individual
who was an employee of the clerk's office prior to the date his or her relative
was elected as chancery or circuit clerk. The spouse and/or any children of
the chancery clerk or circuit clerk employed in the office of the chancery
clerk may be paid a salary; however, the combined annual salaries of the clerk,
spouse and any child of the clerk may not exceed an amount equal to the salary
limitation.
(3) The chancery clerk and the circuit clerk shall be liable on their official bond for the proper deposit and accounting of all monies received by his office. The State Auditor shall promulgate uniform accounting methods for the accounting of all sources of income by the offices of the chancery and circuit clerk.
(4) There is created in the county depository of each county a clearing account to be designated as the "chancery court clerk clearing account," into which shall be deposited: (a) all such monies as the clerk of the chancery court shall receive from any person complying with any writ of garnishment, attachment, execution or other like process authorized by law for the enforcement of child support, spousal support or any other judgment; (b) any portion of any fees required by law to be collected in civil cases which are to pay for the service of process or writs in another county; and (c) any other money as shall be deposited with the court which by its nature is not, at the time of its deposit, public monies, but which is to be held by the court in a trust or custodial capacity in a case or proceeding before the court. The clerk of the chancery court shall account for all monies deposited in and disbursed from such account and shall be authorized and empowered to draw and issue checks on such account at such times, in such amounts and to such persons as shall be proper and in accordance with law.
The following monies paid to the chancery clerk shall be subject to the salary limitation prescribed under subsection (1): (a) all fees required by law to be collected for the filing, recording or abstracting of any bill, petition, pleading or decree in any civil case in chancery; (b) all fees collected for land recordings, charters, notary bonds, certification of decrees and copies of any documents; (c) all land redemption and mineral documentary stamp commissions; and (d) any other monies or commissions from private or governmental sources for statutory functions which are not to be held by the court in a trust capacity. Such fees as shall exceed the salary limitations shall be maintained in a bank account in the county depository and accounted for separately from those monies paid into the chancery court clerk clearing account.
(5) There is created in the county depository in each county a clearing account to be designated as the "circuit court clerk civil clearing account," into which shall be deposited: (a) all such monies and fees as the clerk of the circuit court shall receive from any person complying with any writ of garnishment, attachment, execution or any other like process authorized by law for the enforcement of a judgment; (b) any portion of any fees required by law or court order to be collected in civil cases; (c) all fees collected for the issuance of marriage licenses; and (d) any other money as shall be deposited with the court which by its nature is not, at the time of its deposit, public monies but which is to be held by the court in a trust or custodial capacity in a case or proceeding before the court.
There is created in the county depository in each county a clearing account to be designated as the "circuit court clerk criminal clearing account," into which shall be deposited: (a) all such monies as are received in criminal cases in the circuit court pursuant to any order requiring payment as restitution to the victims of criminal offenses; (b) any portion of any fees and fines required by law or court order to be collected in criminal cases; and (c) all cash bonds as shall be deposited with the court. The clerk of the circuit court shall account for all monies deposited in and disbursed from such account and shall be authorized and empowered to draw and issue checks on such account, at such times, in such amounts and to such persons as shall be proper and in accordance with law; however, such monies as are forfeited in criminal cases shall be paid by the clerk of the circuit court to the clerk of the board of supervisors for deposit in the general fund of the county.
The following monies paid to the circuit clerk shall be subject to the salary limitation prescribed under subsection (1): (a) all fees required by law to be collected for the filing, recording or abstracting of any bill, petition, pleading or decree in any civil action in circuit court; (b) copies of any documents; and (c) any other monies or commissions from private or governmental sources for statutory functions which are not to be held by the court in a trust capacity.
(6) The chancery clerk and the circuit clerk shall establish and maintain a cash journal for recording cash receipts from private or government sources for furnishing copies of any papers of record or on file, or for rendering services as a notary public, or other fees wherein the total fee for the transaction is Ten Dollars ($10.00) or less. The cash journal entry shall include the date, amount and type of transaction, and the clerk shall not be required to issue a receipt to the person receiving such services. The State Auditor shall not take exception to the furnishing of copies or the rendering of services as a notary by any clerk free of charge.
In any county having two (2) judicial districts, whenever the chancery clerk serves as deputy to the circuit clerk in one (1) judicial district and the circuit clerk serves as deputy to the chancery clerk in the other judicial district, the chancery clerk may maintain a cash journal, separate from the cash journal maintained for chancery clerk receipts, for recording the cash receipts paid to him as deputy circuit clerk, and the circuit clerk may maintain a cash journal, separate from the cash journal maintained for circuit clerk receipts, for recording the cash receipts paid to him as deputy chancery clerk. The cash receipts collected by the chancery clerk in his capacity as deputy circuit clerk and the cash receipts collected by the circuit clerk in his capacity as deputy chancery clerk shall be subject to the salary limitation prescribed under subsection (1).
(7) Any clerk who knowingly shall fail to deposit funds or otherwise violate the provisions of this section shall be guilty of a misdemeanor in office and, upon conviction thereof, shall be fined in an amount not to exceed double the amount that he failed to deposit, or imprisoned for not to exceed six (6) months in the county jail, or be punished by both such fine and imprisonment.
SECTION 2. Section 23-15-225, Mississippi Code of 1972, is amended as follows:
[Through December 31, 2023, this section shall read as follows:]
(a) For counties with a total population of more than two hundred thousand (200,000), an amount not to exceed Thirty-one Thousand Three Hundred Ninety-five Dollars ($31,395.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(b) For counties with a total population of more than one hundred thousand (100,000) and not more than two hundred thousand (200,000), an amount not to exceed Twenty-six Thousand Five Hundred Sixty-five Dollars ($26,565.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(c) For counties with a total population of more than fifty thousand (50,000) and not more than one hundred thousand (100,000), an amount not to exceed Twenty-four Thousand One Hundred Fifty Dollars ($24,150.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(d) For counties with a total population of more than thirty-five thousand (35,000) and not more than fifty thousand (50,000), an amount not to exceed Twenty-one Thousand Seven Hundred Thirty-five Dollars ($21,735.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(e) For counties with a total population of more than twenty-five thousand (25,000) and not more than thirty-five thousand (35,000), an amount not to exceed Nineteen Thousand Three Hundred Twenty Dollars ($19,320.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(f) For counties with a total population of more than fifteen thousand (15,000) and not more than twenty-five thousand (25,000), an amount not to exceed Sixteen Thousand Nine Hundred Five Dollars ($16,905.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(g) For counties with a total population of more than ten thousand (10,000) and not more than fifteen thousand (15,000), an amount not to exceed Fourteen Thousand Four Hundred Ninety Dollars ($14,490.00), but not less than Eight Thousand Four Hundred Fifty-two Dollars and Fifty Cents ($8,452.50).
(h) For counties with a total population of more than six thousand (6,000) and not more than ten thousand (10,000), an amount not to exceed Twelve Thousand Seventy-five Dollars ($12,075.00), but not less than Eight Thousand Four Hundred Fifty-two Dollars and Fifty Cents ($8,452.50).
(i) For counties with a total population of not more than six thousand (6,000), an amount not to exceed Nine Thousand Six Hundred Sixty Dollars ($9,660.00) but not less than Six Thousand Six Hundred Forty-one Dollars and Twenty-five Cents ($6,641.25).
(j) For counties having two (2) judicial districts, the board of supervisors of the county may allow, in addition to the sums prescribed herein, in its discretion, an amount not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00).
(2) In the event of a reregistration within such county, or a redistricting that necessitates the hiring of additional deputy registrars, the board of supervisors, in its discretion, may by contract compensate the county registrar amounts in addition to the sums prescribed herein.
(3) As compensation for their services in assisting the county election commissioners in performance of their duties in the revision of the voter roll as electronically maintained by the Statewide Elections Management System and in assisting the election commissioners, executive committees or boards of supervisors in connection with any election, the registrar shall receive the same daily per diem and limitation on meeting days as provided for the board of election commissioners as set out in Sections 23-15-153 and 23-15-227 to be paid from the general fund of the county.
(4) In any case where an amount has been allowed by the board of supervisors pursuant to this section, such amount shall not be reduced or terminated during the term for which the registrar was elected.
(5) The circuit clerk shall, in addition to any other compensation provided for by law, be entitled to receive as compensation from the board of supervisors the amount of Two Thousand Five Hundred Dollars ($2,500.00) per year. This payment shall be for the performance of his or her duties in regard to the conduct of elections and the performance of his or her other duties.
(6) The municipal clerk shall, in addition to any other compensation for performance of duties, be eligible to receive as compensation from the municipality's governing authorities a reasonable amount of additional compensation for reimbursement of costs and for additional duties associated with mail-in registration of voters.
(7) The board of supervisors shall not allow any additional compensation authorized under this section for services as county registrar to any circuit clerk who is receiving fees as compensation for his or her services equal to the limitation on compensation prescribed in Section 9-1-43.
[From and after January 1, 2024, this section shall read as follows:]
(1) The registrar shall be entitled to such compensation, payable monthly out of the county treasury, which the board of supervisors of the county shall allow on an annual basis in the following amounts:
(a) For counties with a total population of more than two hundred thousand (200,000), an amount not to exceed Thirty-one Thousand Three Hundred Ninety-five Dollars ($31,395.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(b) For counties with a total population of more than one hundred thousand (100,000) and not more than two hundred thousand (200,000), an amount not to exceed Twenty-six Thousand Five Hundred Sixty-five Dollars ($26,565.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(c) For counties with a total population of more than fifty thousand (50,000) and not more than one hundred thousand (100,000), an amount not to exceed Twenty-four Thousand One Hundred Fifty Dollars ($24,150.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(d) For counties with a total population of more than thirty-five thousand (35,000) and not more than fifty thousand (50,000), an amount not to exceed Twenty-one Thousand Seven Hundred Thirty-five Dollars ($21,735.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(e) For counties with a total population of more than twenty-five thousand (25,000) and not more than thirty-five thousand (35,000), an amount not to exceed Nineteen Thousand Three Hundred Twenty Dollars ($19,320.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(f) For counties with a total population of more than fifteen thousand (15,000) and not more than twenty-five thousand (25,000), an amount not to exceed Sixteen Thousand Nine Hundred Five Dollars ($16,905.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(g) For counties with a total population of more than ten thousand (10,000) and not more than fifteen thousand (15,000), an amount not to exceed Fourteen Thousand Four Hundred Ninety Dollars ($14,490.00), but not less than Eight Thousand Four Hundred Fifty-two Dollars and Fifty Cents ($8,452.50).
(h) For counties with a total population of more than six thousand (6,000) and not more than ten thousand (10,000), an amount not to exceed Twelve Thousand Seventy-five Dollars ($12,075.00), but not less than Eight Thousand Four Hundred Fifty-two Dollars and Fifty Cents ($8,452.50).
(i) For counties with a total population of not more than six thousand (6,000), an amount not to exceed Nine Thousand Six Hundred Sixty Dollars ($9,660.00) but not less than Six Thousand Six Hundred Forty-one Dollars and Twenty-five Cents ($6,641.25).
(j) For counties having two (2) judicial districts, the board of supervisors of the county may allow, in addition to the sums prescribed herein, in its discretion, an amount not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00).
(2) In the event of a reregistration within such county, or a redistricting that necessitates the hiring of additional deputy registrars, the board of supervisors, in its discretion, may by contract compensate the county registrar amounts in addition to the sums prescribed herein.
(3) As compensation for their services in assisting the county election commissioners in performance of their duties in the revision of the voter roll as electronically maintained by the Statewide Elections Management System and in assisting the election commissioners, executive committees or boards of supervisors in connection with any election, the registrar shall receive the same daily per diem and limitation on meeting days as provided for the board of election commissioners as set out in Sections 23-15-153 and 23-15-227 to be paid from the general fund of the county.
(4) In any case where an amount has been allowed by the board of supervisors pursuant to this section, such amount shall not be reduced or terminated during the term for which the registrar was elected.
(5) The circuit clerk
shall, in addition to any other compensation provided for by law, be entitled
to receive as compensation from the board of supervisors the amount of * * * Five
Thousand Dollars ($5,000.00) per year. This payment shall be for the
performance of his or her duties in regard to the conduct of elections and the
performance of his or her other duties.
(6) The municipal clerk shall, in addition to any other compensation for performance of duties, be eligible to receive as compensation from the municipality's governing authorities a reasonable amount of additional compensation for reimbursement of costs and for additional duties associated with mail-in registration of voters.
(7) The board of supervisors shall not allow any additional compensation authorized under this section for services as county registrar to any circuit clerk who is receiving fees as compensation for his or her services equal to the limitation on compensation prescribed in Section 9-1-43.
[From and after January 1, 2028, this section shall read as follows:]
(1) The registrar shall be entitled to such compensation, payable monthly out of the county treasury, which the board of supervisors of the county shall allow on an annual basis in the following amounts:
(a) For counties with a total population of more than two hundred thousand (200,000), an amount not to exceed Thirty-one Thousand Three Hundred Ninety-five Dollars ($31,395.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(b) For counties with a total population of more than one hundred thousand (100,000) and not more than two hundred thousand (200,000), an amount not to exceed Twenty-six Thousand Five Hundred Sixty-five Dollars ($26,565.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(c) For counties with a total population of more than fifty thousand (50,000) and not more than one hundred thousand (100,000), an amount not to exceed Twenty-four Thousand One Hundred Fifty Dollars ($24,150.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(d) For counties with a total population of more than thirty-five thousand (35,000) and not more than fifty thousand (50,000), an amount not to exceed Twenty-one Thousand Seven Hundred Thirty-five Dollars ($21,735.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(e) For counties with a total population of more than twenty-five thousand (25,000) and not more than thirty-five thousand (35,000), an amount not to exceed Nineteen Thousand Three Hundred Twenty Dollars ($19,320.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(f) For counties with a total population of more than fifteen thousand (15,000) and not more than twenty-five thousand (25,000), an amount not to exceed Sixteen Thousand Nine Hundred Five Dollars ($16,905.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
(g) For counties with a total population of more than ten thousand (10,000) and not more than fifteen thousand (15,000), an amount not to exceed Fourteen Thousand Four Hundred Ninety Dollars ($14,490.00), but not less than Eight Thousand Four Hundred Fifty-two Dollars and Fifty Cents ($8,452.50).
(h) For counties with a total population of more than six thousand (6,000) and not more than ten thousand (10,000), an amount not to exceed Twelve Thousand Seventy-five Dollars ($12,075.00), but not less than Eight Thousand Four Hundred Fifty-two Dollars and Fifty Cents ($8,452.50).
(i) For counties with a total population of not more than six thousand (6,000), an amount not to exceed Nine Thousand Six Hundred Sixty Dollars ($9,660.00) but not less than Six Thousand Six Hundred Forty-one Dollars and Twenty-five Cents ($6,641.25).
(j) For counties having two (2) judicial districts, the board of supervisors of the county may allow, in addition to the sums prescribed herein, in its discretion, an amount not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00).
(2) In the event of a reregistration within such county, or a redistricting that necessitates the hiring of additional deputy registrars, the board of supervisors, in its discretion, may by contract compensate the county registrar amounts in addition to the sums prescribed herein.
(3) As compensation for their services in assisting the county election commissioners in performance of their duties in the revision of the voter roll as electronically maintained by the Statewide Elections Management System and in assisting the election commissioners, executive committees or boards of supervisors in connection with any election, the registrar shall receive the same daily per diem and limitation on meeting days as provided for the board of election commissioners as set out in Sections 23-15-153 and 23-15-227 to be paid from the general fund of the county.
(4) In any case where an amount has been allowed by the board of supervisors pursuant to this section, such amount shall not be reduced or terminated during the term for which the registrar was elected.
(5) The circuit clerk shall,
in addition to any other compensation provided for by law, be entitled to receive
as compensation from the board of supervisors the amount of * * * Ten
Thousand Dollars ($10,000.00) per year. This payment shall be for the
performance of his or her duties in regard to the conduct of elections and the
performance of his or her other duties.
(6) The municipal clerk shall, in addition to any other compensation for performance of duties, be eligible to receive as compensation from the municipality's governing authorities a reasonable amount of additional compensation for reimbursement of costs and for additional duties associated with mail-in registration of voters.
(7) The board of supervisors shall not allow any additional compensation authorized under this section for services as county registrar to any circuit clerk who is receiving fees as compensation for his or her services equal to the limitation on compensation prescribed in Section 9-1-43.
SECTION 3. Section 25-3-3, Mississippi Code of 1972, is amended as follows:
[Through December 31, 2023, this section shall read as follows:]
(2) The salary of assessors and collectors of the various counties is fixed as full compensation for their services as county assessors or tax collectors, or both if the office of assessor has been combined with the office of tax collector. The annual salary of each assessor or tax collector, or both if the offices have been combined, shall be based upon the total assessed valuation of his respective county for the preceding taxable year in the following categories and for the following amounts:
(a) For counties having a total assessed valuation of Three Billion Dollars ($3,000,000,000.00) or more, a salary of Seventy Thousand Five Hundred Sixty Dollars ($70,560.00);
(b) For counties having a total assessed valuation of at least Two Billion Dollars ($2,000,000,000.00) but less than Three Billion Dollars ($3,000,000,000.00), a salary of Sixty-seven Thousand Two Hundred Dollars ($67,200.00);
(c) For counties having a total assessed valuation of at least One Billion Dollars ($1,000,000,000.00) but less than Two Billion Dollars ($2,000,000,000.00), a salary of Sixty-four Thousand Five Hundred Seventy-five Dollars ($64,575.00);
(d) For counties having a total assessed valuation of at least Five Hundred Million Dollars ($500,000,000.00) but less than One Billion Dollars ($1,000,000,000.00), a salary of Sixty-one Thousand Four Hundred Twenty-five Dollars ($61,425.00);
(e) For counties having a total assessed valuation of at least Two Hundred Fifty Million Dollars ($250,000,000.00) but less than Five Hundred Million Dollars ($500,000,000.00), a salary of Fifty-eight Thousand Eight Hundred Dollars ($58,800.00);
(f) For counties having a total assessed valuation of at least One Hundred Fifty Million Dollars ($150,000,000.00) but less than Two Hundred Fifty Million Dollars ($250,000,000.00), a salary of Fifty-six Thousand Seven Hundred Dollars ($56,700.00);
(g) For counties having a total assessed valuation of at least Seventy-five Million Dollars ($75,000,000.00) but less than One Hundred Fifty Million Dollars ($150,000,000.00), a salary of Fifty-five Thousand One Hundred Twenty-five Dollars ($55,125.00);
(h) For counties having a total assessed valuation of less than Seventy-five Million Dollars ($75,000,000.00), a salary of Fifty Thousand Nine Hundred Twenty-nine Dollars ($50,929.00).
(3) In addition to all other compensation paid pursuant to this section, the board of supervisors shall pay to a person serving as both the tax assessor and tax collector in their county an additional Five Thousand Dollars ($5,000.00) per year.
(4) The annual salary established for assessors and tax collectors shall not be reduced as a result of a reduction in total assessed valuation. The salaries shall be increased as a result of an increase in total assessed valuation.
(5) In addition to all other compensation paid to assessors and tax collectors in counties having two (2) judicial districts, the board of supervisors shall pay such assessors and tax collectors an additional Three Thousand Five Hundred Dollars ($3,500.00) per year. In addition to all other compensation paid to assessors or tax collectors, in counties maintaining two (2) full-time offices, the board of supervisors shall pay the assessor or tax collector an additional Three Thousand Five Hundred Dollars ($3,500.00) per year.
(6) In addition to all other compensation paid to assessors and tax collectors, the board of supervisors of a county shall allow for such assessor or tax collector, or both, to be paid additional compensation when there is a contract between the county and one or more municipalities providing that the assessor or tax collector, or both, shall assess or collect taxes, or both, for the municipality or municipalities; and such assessor or tax collector, or both, shall be authorized to receive such additional compensation from the county and/or the municipality or municipalities in any amount allowed by the county and/or the municipality or municipalities for performing those services.
(7) When any tax assessor holds a valid certificate of educational recognition from the Mississippi Cooperative Extension Service or is a licensed appraiser under Section 73-34-1 et seq., he shall receive an additional One Thousand Five Hundred Dollars ($1,500.00) annually beginning the next fiscal year after completion. When any tax assessor is a licensed state certified Residential Appraiser (RA) or licensed state certified Timberland Appraiser (TA) under Section 73-34-1 et seq., or when any tax assessor holds a valid designation from the International Association of Assessing Officers as a Cadastral Mapping Specialist (CMS) or Personal Property Specialist (PPS) or Residential Evaluation Specialist (RES), he shall receive an additional Six Thousand Five Hundred Dollars ($6,500.00) annually beginning the next fiscal year after completion. When any tax assessor holds the valid designation of Certified Assessment Evaluator (CAE) from the International Association of Assessing Officers or is a state certified General Real Estate Appraiser (GA) under Section 73-34-1 et seq., he shall receive an additional Eight Thousand Five Hundred Dollars ($8,500.00) annually beginning the next fiscal year after completion.
(8) The salaries provided for in this section shall be the total funds paid to the county assessors and tax collectors and shall be full compensation for their services, with any fees being paid to the county general fund.
(9) The salaries provided for in this section shall be payable monthly on the first day of each calendar month by chancery clerk's warrant drawn on the general fund of the county; however, the board of supervisors, by resolution duly adopted and entered on its minutes, may provide that such salaries shall be paid semimonthly on the first and fifteenth day of each month or every two (2) weeks pursuant to Section 25-3-29. If a pay date falls on a weekend or legal holiday, salary payments shall be made on the workday immediately preceding the weekend or legal holiday.
[From and after January 1, 2024, this section shall read as follows:]
(1) The term "total assessed valuation" as used in this section only refers to the ad valorem assessment for the county and, in addition, in counties where oil or gas is produced, the actual value of oil at the point of production, as certified to the counties by the Department of Revenue under the provisions of Sections 27-25-501 through 27-25-525, and the actual value of gas as certified by the Department of Revenue under the provisions of Sections 27-25-701 through 27-25-723.
(2) The salary of assessors and collectors of the various counties is fixed as full compensation for their services as county assessors or tax collectors, or both if the office of assessor has been combined with the office of tax collector. The annual salary of each assessor or tax collector, or both if the offices have been combined, shall be based upon the total assessed valuation of his respective county for the preceding taxable year in the following categories and for the following amounts:
(a) For counties having
a total assessed valuation of Three Billion Dollars ($3,000,000,000.00) or
more, a salary of * * * Seventy-five Thousand
Five Hundred Sixty Dollars ($75,560.00);
(b) For counties
having a total assessed valuation of at least Two Billion Dollars
($2,000,000,000.00) but less than Three Billion Dollars ($3,000,000,000.00), a
salary of * * * Seventy-two Thousand Two
Hundred Dollars ($72,200.00);
(c) For counties
having a total assessed valuation of at least One Billion Dollars
($1,000,000,000.00) but less than Two Billion Dollars ($2,000,000,000.00), a
salary of * * * Sixty-nine
Thousand Five Hundred Seventy-five Dollars ($69,575.00);
(d) For counties
having a total assessed valuation of at least Five Hundred Million Dollars
($500,000,000.00) but less than One Billion Dollars ($1,000,000,000.00), a
salary of * * *
Sixty-six Thousand Four Hundred Twenty-five Dollars ($66,425.00);
(e) For counties having
a total assessed valuation of at least Two Hundred Fifty Million Dollars
($250,000,000.00) but less than Five Hundred Million Dollars ($500,000,000.00),
a salary of * * * Sixty-three Thousand Eight
Hundred Dollars ($63,800.00);
(f) For counties
having a total assessed valuation of at least One Hundred Fifty Million Dollars
($150,000,000.00) but less than Two Hundred Fifty Million Dollars ($250,000,000.00),
a salary of * * * Sixty-one Thousand Seven
Hundred Dollars ($61,700.00);
(g) For counties
having a total assessed valuation of at least Seventy-five Million Dollars
($75,000,000.00) but less than One Hundred Fifty Million Dollars ($150,000,000.00),
a salary of * * *
Sixty Thousand One Hundred Twenty-five Dollars ($60,125.00);
(h) For counties
having a total assessed valuation of less than Seventy-five Million Dollars
($75,000,000.00), a salary of * * * Fifty-five Thousand Nine Hundred Twenty-nine Dollars
($55,929.00).
(3) In addition to all other compensation paid pursuant to this section, the board of supervisors shall pay to a person serving as both the tax assessor and tax collector in their county an additional Five Thousand Dollars ($5,000.00) per year.
(4) The annual salary established for assessors and tax collectors shall not be reduced as a result of a reduction in total assessed valuation. The salaries shall be increased as a result of an increase in total assessed valuation.
(5) In addition to all other compensation paid to assessors and tax collectors in counties having two (2) judicial districts, the board of supervisors shall pay such assessors and tax collectors an additional Three Thousand Five Hundred Dollars ($3,500.00) per year. In addition to all other compensation paid to assessors or tax collectors, in counties maintaining two (2) full-time offices, the board of supervisors shall pay the assessor or tax collector an additional Three Thousand Five Hundred Dollars ($3,500.00) per year.
(6) In addition to all other compensation paid to assessors and tax collectors, the board of supervisors of a county shall allow for such assessor or tax collector, or both, to be paid additional compensation when there is a contract between the county and one or more municipalities providing that the assessor or tax collector, or both, shall assess or collect taxes, or both, for the municipality or municipalities; and such assessor or tax collector, or both, shall be authorized to receive such additional compensation from the county and/or the municipality or municipalities in any amount allowed by the county and/or the municipality or municipalities for performing those services.
(7) When any tax assessor holds a valid certificate of educational recognition from the Mississippi Cooperative Extension Service or is a licensed appraiser under Section 73-34-1 et seq., he shall receive an additional One Thousand Five Hundred Dollars ($1,500.00) annually beginning the next fiscal year after completion. When any tax assessor is a licensed state certified Residential Appraiser (RA) or licensed state certified Timberland Appraiser (TA) under Section 73-34-1 et seq., or when any tax assessor holds a valid designation from the International Association of Assessing Officers as a Cadastral Mapping Specialist (CMS) or Personal Property Specialist (PPS) or Residential Evaluation Specialist (RES), he shall receive an additional Six Thousand Five Hundred Dollars ($6,500.00) annually beginning the next fiscal year after completion. When any tax assessor holds the valid designation of Certified Assessment Evaluator (CAE) from the International Association of Assessing Officers or is a state certified General Real Estate Appraiser (GA) under Section 73-34-1 et seq., he shall receive an additional Eight Thousand Five Hundred Dollars ($8,500.00) annually beginning the next fiscal year after completion.
(8) The salaries provided for in this section shall be the total funds paid to the county assessors and tax collectors and shall be full compensation for their services, with any fees being paid to the county general fund.
(9) The salaries provided for in this section shall be payable monthly on the first day of each calendar month by chancery clerk's warrant drawn on the general fund of the county; however, the board of supervisors, by resolution duly adopted and entered on its minutes, may provide that such salaries shall be paid semimonthly on the first and fifteenth day of each month or every two (2) weeks pursuant to Section 25-3-29. If a pay date falls on a weekend or legal holiday, salary payments shall be made on the workday immediately preceding the weekend or legal holiday.
[From and after January 1, 2028, this section shall read as follows:]
(1) The term "total assessed valuation" as used in this section only refers to the ad valorem assessment for the county and, in addition, in counties where oil or gas is produced, the actual value of oil at the point of production, as certified to the counties by the Department of Revenue under the provisions of Sections 27-25-501 through 27-25-525, and the actual value of gas as certified by the Department of Revenue under the provisions of Sections 27-25-701 through 27-25-723.
(2) The salary of assessors and collectors of the various counties is fixed as full compensation for their services as county assessors or tax collectors, or both if the office of assessor has been combined with the office of tax collector. The annual salary of each assessor or tax collector, or both if the offices have been combined, shall be based upon the total assessed valuation of his respective county for the preceding taxable year in the following categories and for the following amounts:
(a) For counties having
a total assessed valuation of Three Billion Dollars ($3,000,000,000.00) or
more, a salary of * * * Eighty Thousand Five
Hundred Sixty Dollars ($80,560.00);
(b) For counties
having a total assessed valuation of at least Two Billion Dollars ($2,000,000,000.00)
but less than Three Billion Dollars ($3,000,000,000.00), a salary of * * * Seventy-seven Thousand Two Hundred Dollars ($77,200.00);
(c) For counties
having a total assessed valuation of at least One Billion Dollars
($1,000,000,000.00) but less than Two Billion Dollars ($2,000,000,000.00), a
salary of * * * Seventy-four
Thousand Five Hundred Seventy-five Dollars ($74,575.00);
(d) For counties
having a total assessed valuation of at least Five Hundred Million Dollars
($500,000,000.00) but less than One Billion Dollars ($1,000,000,000.00), a
salary of * * *
Seventy-one Thousand Four Hundred Twenty-five Dollars ($71,425.00);
(e) For counties having
a total assessed valuation of at least Two Hundred Fifty Million Dollars
($250,000,000.00) but less than Five Hundred Million Dollars ($500,000,000.00),
a salary of * * * Sixty-eight Thousand Eight
Hundred Dollars ($68,800.00);
(f) For counties
having a total assessed valuation of at least One Hundred Fifty Million Dollars
($150,000,000.00) but less than Two Hundred Fifty Million Dollars ($250,000,000.00),
a salary of * * * Sixty-six Thousand Seven
Hundred Dollars ($66,700.00);
(g) For counties
having a total assessed valuation of at least Seventy-five Million Dollars
($75,000,000.00) but less than One Hundred Fifty Million Dollars ($150,000,000.00),
a salary of * * *
Sixty-five Thousand One Hundred Twenty-five Dollars ($65,125.00);
(h) For counties
having a total assessed valuation of less than Seventy-five Million Dollars ($75,000,000.00),
a salary of * * * Sixty
Thousand Nine Hundred Twenty-nine Dollars ($60,929.00).
(3) In addition to all other compensation paid pursuant to this section, the board of supervisors shall pay to a person serving as both the tax assessor and tax collector in their county an additional Five Thousand Dollars ($5,000.00) per year.
(4) The annual salary established for assessors and tax collectors shall not be reduced as a result of a reduction in total assessed valuation. The salaries shall be increased as a result of an increase in total assessed valuation.
(5) In addition to all other compensation paid to assessors and tax collectors in counties having two (2) judicial districts, the board of supervisors shall pay such assessors and tax collectors an additional Three Thousand Five Hundred Dollars ($3,500.00) per year. In addition to all other compensation paid to assessors or tax collectors, in counties maintaining two (2) full-time offices, the board of supervisors shall pay the assessor or tax collector an additional Three Thousand Five Hundred Dollars ($3,500.00) per year.
(6) In addition to all other compensation paid to assessors and tax collectors, the board of supervisors of a county shall allow for such assessor or tax collector, or both, to be paid additional compensation when there is a contract between the county and one or more municipalities providing that the assessor or tax collector, or both, shall assess or collect taxes, or both, for the municipality or municipalities; and such assessor or tax collector, or both, shall be authorized to receive such additional compensation from the county and/or the municipality or municipalities in any amount allowed by the county and/or the municipality or municipalities for performing those services.
(7) When any tax assessor holds a valid certificate of educational recognition from the Mississippi Cooperative Extension Service or is a licensed appraiser under Section 73-34-1 et seq., he shall receive an additional One Thousand Five Hundred Dollars ($1,500.00) annually beginning the next fiscal year after completion. When any tax assessor is a licensed state certified Residential Appraiser (RA) or licensed state certified Timberland Appraiser (TA) under Section 73-34-1 et seq., or when any tax assessor holds a valid designation from the International Association of Assessing Officers as a Cadastral Mapping Specialist (CMS) or Personal Property Specialist (PPS) or Residential Evaluation Specialist (RES), he shall receive an additional Six Thousand Five Hundred Dollars ($6,500.00) annually beginning the next fiscal year after completion. When any tax assessor holds the valid designation of Certified Assessment Evaluator (CAE) from the International Association of Assessing Officers or is a state certified General Real Estate Appraiser (GA) under Section 73-34-1 et seq., he shall receive an additional Eight Thousand Five Hundred Dollars ($8,500.00) annually beginning the next fiscal year after completion.
(8) The salaries provided for in this section shall be the total funds paid to the county assessors and tax collectors and shall be full compensation for their services, with any fees being paid to the county general fund.
(9) The salaries provided for in this section shall be payable monthly on the first day of each calendar month by chancery clerk's warrant drawn on the general fund of the county; however, the board of supervisors, by resolution duly adopted and entered on its minutes, may provide that such salaries shall be paid semimonthly on the first and fifteenth day of each month or every two (2) weeks pursuant to Section 25-3-29. If a pay date falls on a weekend or legal holiday, salary payments shall be made on the workday immediately preceding the weekend or legal holiday.
SECTION 4. Section 25-7-9, Mississippi Code of 1972, is amended as follows:
[Through December 31, 2023, this section shall read as follows:]
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document....................$ 1.00
(b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5)
pages................................................... $ 25.00
(ii) Each additional page................$ 1.00
(c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first five (5) pages................................................$ 25.00
(ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5)
pages....................................................$ 25.00
per additional assignee..................................$ 18.00
(iii) Each additional page...............$ 1.00
(iv) Sectional index entries per section or subdivision lot..........................................$ 1.00
(v) Archive fee..........................$ 1.00
(vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page..............$ 4.00
(d) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee,
per page.................................................$ .50
If performed by any other person,
per page.................................................$ .25
(ii) Entering marginal notations on
documents of record......................................$ 1.00
(e) For each day's attendance on the board of supervisors, for himself and one (1) deputy, each........$ 20.00
(f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding..............................................$3,000.00
(g) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each...........................................$ 85.00
For the second chancellor sitting, clerk only.......$ 85.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(h) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding...............................$5,000.00
(j) For each civil filing, to be deposited into the Civil Legal Assistance Fund............................$ 5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoption, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or
fee....................................................$ 85.00
(3) For every civil case filed:
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14........................................$ 10.00
(b) An additional fee to be deposited to the
credit of the Judicial System Operation Fund established in
Section 9-21-45........................................$ 40.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
[From and after January 1, 2024, this section shall read as follows:]
(1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document....................$ 1.00
(b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5)
pages................................................... $ 25.00
(ii) Each additional page................$ 1.00
(c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first five (5) pages................................................$ 25.00
(ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5)
pages....................................................$ 25.00
per additional assignee..................................$ 18.00
(iii) Each additional page...............$ 1.00
(iv) Sectional index entries per section or subdivision lot..........................................$ 1.00
(v) Archive fee..........................$ 1.00
(vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page..............$ 4.00
(d) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee,
per page.................................................$ .50
If performed by any other person,
per page.................................................$ .25
(ii) Entering marginal notations on
documents of record......................................$ 1.00
(e) For * * * attending the
board of supervisors' * * * meeting,
an annual sum not exceeding...............$ * * *2,500.00
(f) For other services
as clerk of the board of supervisors an allowance shall be made to him (payable
semiannually at the July and January meetings) out of the county treasury, an
annual sum not exceeding..............$ * * *5,500.00
(g) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each...........................................$ 85.00
For the second chancellor sitting, clerk only.......$ 85.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(h) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding...............................$5,000.00
(j) For each civil filing, to be deposited into the Civil Legal Assistance Fund............................$ 5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoption, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or
fee....................................................$ 85.00
(3) For every civil case filed:
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14........................................$ 10.00
(b) An additional fee to be deposited to the
credit of the Judicial System Operation Fund established in
Section 9-21-45........................................$ 40.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
[From and after January 1, 2028, this section shall read as follows:]
(1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document....................$ 1.00
(b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5)
pages................................................... $ 25.00
(ii) Each additional page................$ 1.00
(c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first five (5) pages................................................$ 25.00
(ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5)
pages....................................................$ 25.00
per additional assignee..................................$ 18.00
(iii) Each additional page...............$ 1.00
(iv) Sectional index entries per section or subdivision lot..........................................$ 1.00
(v) Archive fee..........................$ 1.00
(vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page..............$ 4.00
(d) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee,
per page.................................................$ .50
If performed by any other person,
per page.................................................$ .25
(ii) Entering marginal notations on
documents of record......................................$ 1.00
(e) For * * * attending the
board of supervisors' * * * meeting
an annual sum not exceeding...............$ * * *5,000.00
(f) For other services
as clerk of the board of supervisors an allowance shall be made to him (payable
semiannually at the July and January meetings) out of the county treasury, an
annual sum not exceeding.............$ * * *10,000.00
(g) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each...........................................$ 85.00
For the second chancellor sitting, clerk only.......$ 85.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(h) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding...............................$5,000.00
(j) For each civil filing, to be deposited into the Civil Legal Assistance Fund............................$ 5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoption, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or
fee....................................................$ 85.00
(3) For every civil case filed:
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14........................................$ 10.00
(b) An additional fee to be deposited to the
credit of the Judicial System Operation Fund established in
Section 9-21-45........................................$ 40.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
SECTION 5. Section 25-7-13, Mississippi Code of 1972, is brought forward as follows:
25-7-13. (1) The clerks of the circuit court shall charge the following fees:
(a) Docketing, filing, marking and registering each complaint, petition and indictment................................ $ 85.00
The fee set forth in this paragraph shall be the total fee for all services performed by the clerk up to and including entry of judgment with respect to each complaint, petition or indictment, including all answers, claims, orders, continuances and other papers filed therein, issuing each writ, summons, subpoena or other such instruments, swearing witnesses, taking and recording bonds and pleas, and recording judgments, orders, fiats and certificates; the fee shall be payable upon filing and shall accrue to the clerk at the time of collection. The clerk or his successor in office shall perform all duties set forth above without additional compensation or fee.
(b) Docketing and filing each motion to renew judgment, notice of renewal of judgment, suggestion for a writ of garnishment, suggestion for a writ of execution and judgment debtor actions and issuing all process, filing and recording orders or other papers and swearing witnesses............................................. $ 35.00
(c) For every civil case filed, an additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14.................... $ 10.00
(d) For every civil case filed, an additional fee to be deposited to the credit of the Judicial System Operation Fund established in Section 9-21-45..................................... $ 40.00
(2) Except as provided in subsection (1) of this section, the clerks of the circuit court shall charge the following fees:
(a) Filing and marking each order or other paper and recording and indexing same...................................... $ 2.00
(b) Issuing each writ, summons, subpoena, citation, capias and other such instruments................................. $ 1.00
(c) Administering an oath and taking bond.... $ 2.00
(d) Certifying copies of filed documents, for each complete document.............................................. $ 1.00
(e) Recording orders, fiats, licenses, certificates, oaths and bonds:
First page............................................ $ 2.00
Each additional page................................... $ 1.00
(f) Furnishing copies of any papers of record or on file and entering marginal notations on documents of record:
If performed by the clerk or his employee,
per page.............................................. $ 1.00
If performed by any other person,
per page.............................................. $ .25
(g) Judgment roll entry..................... $ 5.00
(h) Taxing cost and certificate.............. $ 1.00
(i) For taking and recording application for marriage license, for filing and recording consent of parents when required by law, for filing and recording medical certificate, filing and recording proof of age, recording and issuing license, recording and filing returns $ 35.00
The clerk shall deposit Fourteen Dollars ($14.00) of each fee collected for a marriage license in the Victims of Domestic Violence Fund established in Section 93-21-117, on a monthly basis.
(j) For certified copy of marriage license and search of record, the same fee charged by the Bureau of Vital Statistics of the State Board of Health.
(k) For public service not particularly provided for, the circuit court may allow the clerk, per annum, to be paid by the county on presentation of the circuit court's order, the following amount $5,000.00
However, in the counties having two (2) judicial districts, such above allowance shall be made for each judicial district.
(l) For drawing jurors and issuing venire, to be paid by the county................................................ $ 5.00
(m) For each day's attendance upon the circuit court term, for himself and necessary deputies allowed by the court, each to be paid by the county............................................ $ 75.00
(n) Summons, each juror to be paid by the county upon the allowance of the court................................. $ 1.00
(o) For issuing each grand jury subpoena, to be paid by the county on allowance by the court, not to exceed Twenty-five Dollars ($25.00) in any one (1) term of court.................. $ 1.00
(p) For each civil filing, to be deposited into the Civil Legal Assistance Fund.................................. $ 5.00
(3) On order of the court, clerks and deputies may be allowed five (5) extra days for attendance upon the court to get up records.
(4) The clerk's fees in state cases where the state fails in the prosecution, or in cases of felony where the defendant is convicted and the cost cannot be made out of his estate, in an amount not to exceed Four Hundred Dollars ($400.00) in one (1) year, shall be paid out of the county treasury on approval of the circuit court, and the allowance thereof by the board of supervisors of the county. In counties having two (2) judicial districts, such allowance shall be made in each judicial district; however, the maximum thereof shall not exceed Eight Hundred Dollars ($800.00). Clerks in the circuit court, in cases where appeals are taken in criminal cases and no appeal bond is filed, shall be allowed by the board of supervisors of the county after approval of their accounts by the circuit court, in addition to the above fees, for making such transcript the rate of Two Dollars ($2.00) per page.
(5) The clerk of the circuit court may retain as his commission on all money coming into his hands, by law or order of the court, a sum to be fixed by the court not exceeding one-half of one percent (1/2 of 1%) on all such sums.
(6) For making final records required by law, including, but not limited to, circuit and county court minutes, and furnishing transcripts of records, the circuit clerk shall charge Two Dollars ($2.00) per page. The same fees shall be allowed to all officers for making and certifying copies of records or papers which they are authorized to copy and certify.
(7) The circuit clerk shall prepare an itemized statement of fees for services performed, cost incurred, or for furnishing copies of any papers of record or on file, and shall submit the statement to the parties or, if represented, to their attorneys within sixty (60) days. A bill for same shall accompany the statement.
SECTION 6. Section 25-7-19, Mississippi Code of 1972, is brought forward as follows:
25-7-19. (1) The sheriffs of the various counties of the State of Mississippi shall charge the following fees:
(a) A uniform total fee in all criminal and civil cases for the service or attempted service of any process, summons, warrant, writ or other notice as may be required by law or the court, each $ 45.00
(b) In all cases where there is more than one (1) defendant residing at the same household, service on each additional defendant $ 5.00
(c) After final judgment has been enrolled, notice of further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings, shall be deemed a new suit and the sheriff shall be entitled to the
following fee ......................................... $ 45.00
(d) Taking bonds of every kind (for purposes of this fee multiple bonds for criminal charges arising out of a single incident or transaction shall be considered a single
bond)................................................. $ 25.00
(e) Attendance in habeas corpus proceeding in vacation, eminent domain court and commitment cases............... $ 25.00
(f) On all money made by virtue of any decree, execution or attachment, or other process, the following commissions, to wit:
On the first One Hundred Dollars ($100.00), five percent (5%),
On the second One Hundred Dollars ($100.00), four percent (4%),
On all sums over Two Hundred Dollars ($200.00), three percent (3%).
(g) For all service of all process of every kind and nature issued from without the county wherein it is to be served, a fee of $ 45.00
In civil cases, all process sent out of the county, where issued to another county for service, shall be accompanied by a fee of Forty-five Dollars ($45.00) to pay the sheriff's fee for his execution of such process unless the clerk or justice shall endorse on the process that the party at whose instance it issued had filed an affidavit of inability to pay costs thereof. All fees sent and unearned, and the whole of it, shall be unearned if the writ be not legally and properly executed and returned, and shall be remitted by the sheriff with the writ at his own expense.
(2) (a) The sheriff shall keep a complete account of every fee of every nature, commission or charge collected by him, and shall file an itemized statement thereof monthly, under oath, with the clerk of the board of supervisors of his county who shall preserve same as a part of the records of his office, and he shall make a remittance to the clerk of the board of supervisors of his county on or before the fifteenth of each month for deposit into the general fund of the county of all said fees, commissions and charges collected during the preceding month. A fee for attempted service of process is unearned absent two (2) documented actual attempts to serve the process.
(b) At least Ten Dollars ($10.00) from each fee collected and deposited into the county's general fund under the provisions of paragraphs (a), (c) and (g) of subsection (1) of this section shall be used for the sheriffs' salaries authorized in Section 25-3-25, as such Ten Dollar ($10.00) amount was authorized during the 2007 Regular Session in Chapter 331, Laws of 2007, for the purpose of providing additional monies to the counties for sheriffs' salaries.
(3) Any sheriff who shall knowingly fail to collect any fee established by law which was in fact collectible by him or having collected the fee shall fail to keep account of such fee or fail to deposit the fee with the clerk of the board of supervisors as provided by subsection (2), or such other person or office entitled thereto, shall be guilty of a misdemeanor in office and, upon conviction therefor, shall be fined in an amount not to exceed double the amount he failed to collect or pay over, or imprisoned for not to exceed six (6) months in the county jail, or be punished by both such fine and imprisonment.
This provision shall in no way lessen the sheriff's civil liability on his bond, but shall be an additional penalty for misfeasance or nonfeasance in office.
SECTION 7. Section 25-7-27, Mississippi Code of 1972, is amended as follows:
25-7-27. (1) Marshals and constables shall charge the following fees:
(a) (i) In all civil and criminal cases, for each service of process, summons, warrant, writ or other
notice.......................................... $ * * *55.00
(ii) In all cases where there is more than one (1) defendant
residing at the same household, for service on each additional defendant....................................... $
* * *10.00
(iii) For service of each process of every kind and nature issued from outside the county where it is to be served, the fees provided in subparagraphs (i) and (ii) of this paragraph, as applicable, shall be assessed.
(iv) When a complaining party has provided erroneous information to the clerk of the court relating to the service of process on the defendant or defendants and process cannot be served after diligent search and inquiry on oath thereof of the marshal or constable, as the case may be, charged with serving such process, the fees provided in subparagraphs (i) and (ii) of this paragraph, as applicable, shall be assessed.
(v) When process has been attempted in one (1) county but the defendant is not found, and process must be served on that defendant in another county, the clerk shall notify the complaining party that an additional fee or fees must be paid before the process can be delivered to the other county.
(b) After final judgment has been enrolled, further
proceedings involving levy of execution on judgments, and attachment and garnishment
proceedings shall be a new suit for which the marshal or constable shall be
entitled to the following fee.. $ * * *55.00
(c) For conveying a person charged with a crime to jail, mileage reimbursement in an amount not to exceed the rate established under Section 25-3-41(2).
To be paid out of the county treasury on the allowance of the board of supervisors, when the state fails in the prosecution, or the person is convicted but is not able to pay the costs.
(d) For other service, the same fees allowed sheriffs for similar services.
(e) For service as a bailiff in any court in a civil case, to be paid by the county on allowance of the court on issuance of a warrant therefor, an amount equal to the amount provided under Section 19-25-31 for each day, or part thereof, for which he serves as bailiff when the court is in session.
(f) For serving all warrants and other process and
attending all trials in state cases in which the state fails in the
prosecution, to be paid out of the county treasury on the allowance of the
board of supervisors without itemization, subject, however, to the condition
that the marshal or constable must not have overcharged in the collection of
fees for costs, contrary to the provisions of this section, annually..........................................$ * * *4,500.00
(2) Marshals and constables shall be paid all uncollected fees levied under subsection (1) of this section in full from the first proceeds received by the court from the guilty party or from any other source of payment in connection with the case.
(3) In addition to the fees authorized to be paid to a constable under subsection (1) of this section, a constable may receive payments for collecting delinquent criminal fines in justice court pursuant to the provisions of Section 19-3-41(3).
SECTION 8. Section 41-61-59, Mississippi Code of 1972, is brought forward as follows:
41-61-59. (1) A person's death that affects the public interest as specified in subsection (2) of this section shall be promptly reported to the medical examiner by the physician in attendance, any hospital employee, any law enforcement officer having knowledge of the death, the embalmer or other funeral home employee, any emergency medical technician, any relative or any other person present. The appropriate medical examiner shall notify the municipal or state law enforcement agency or sheriff and take charge of the body. When the medical examiner has received notification under Section 41-39-15(6) that the deceased is medically suitable to be an organ and/or tissue donor, the medical examiner's authority over the body shall be subject to the provisions of Section 41-39-15(6). The appropriate medical examiner shall notify the Mississippi Bureau of Narcotics within twenty-four (24) hours of receipt of the body in cases of death as described in subsection (2)(m) or (n) of this section.
(2) A death affecting the public interest includes, but is not limited to, any of the following:
(a) Violent death, including homicidal, suicidal or accidental death.
(b) Death caused by thermal, chemical, electrical or radiation injury.
(c) Death caused by criminal abortion, including self-induced abortion, or abortion related to or by sexual abuse.
(d) Death related to disease thought to be virulent or contagious that may constitute a public hazard.
(e) Death that has occurred unexpectedly or from an unexplained cause.
(f) Death of a person confined in a prison, jail or correctional institution.
(g) Death of a person where a physician was not in attendance within thirty-six (36) hours preceding death, or in prediagnosed terminal or bedfast cases, within thirty (30) days preceding death.
(h) Death of a person where the body is not claimed by a relative or a friend.
(i) Death of a person where the identity of the deceased is unknown.
(j) Death of a child under the age of two (2) years where death results from an unknown cause or where the circumstances surrounding the death indicate that sudden infant death syndrome may be the cause of death.
(k) Where a body is brought into this state for disposal and there is reason to believe either that the death was not investigated properly or that there is not an adequate certificate of death.
(l) Where a person is presented to a hospital emergency room unconscious and/or unresponsive, with cardiopulmonary resuscitative measures being performed, and dies within twenty-four (24) hours of admission without regaining consciousness or responsiveness, unless a physician was in attendance within thirty-six (36) hours preceding presentation to the hospital, or in cases in which the decedent had a prediagnosed terminal or bedfast condition, unless a physician was in attendance within thirty (30) days preceding presentation to the hospital.
(m) Death that is caused by drug overdose or which is believed to be caused by drug overdose.
(n) When a stillborn fetus is delivered and the cause of the demise is medically believed to be from the use by the mother of any controlled substance as defined in Section 41-29-105.
(3) The State Medical Examiner is empowered to investigate deaths, under the authority hereinafter conferred, in any and all political subdivisions of the state. The county medical examiners and county medical examiner investigators, while appointed for a specific county, may serve other counties on a regular basis with written authorization by the State Medical Examiner, or may serve other counties on an as-needed basis upon the request of the ranking officer of the investigating law enforcement agency. If a death affecting the public interest takes place in a county other than the one where injuries or other substantial causal factors leading to the death have occurred, jurisdiction for investigation of the death may be transferred, by mutual agreement of the respective medical examiners of the counties involved, to the county where the injuries or other substantial causal factors occurred, and the costs of autopsy or other studies necessary to the further investigation of the death shall be borne by the county assuming jurisdiction.
(4) The chief county medical examiner or chief county medical examiner investigator may receive from the county in which he serves a salary of One Thousand Two Hundred Fifty Dollars ($1,250.00) per month, in addition to the fees specified in Sections 41-61-69 and 41-61-75, provided that no county shall pay the chief county medical examiner or chief county medical examiner investigator less than Three Hundred Dollars ($300.00) per month as a salary, in addition to other compensation provided by law. In any county having one or more deputy medical examiners or deputy medical examiner investigators, each deputy may receive from the county in which he serves, in the discretion of the board of supervisors, a salary of not more than Nine Hundred Dollars ($900.00) per month, in addition to the fees specified in Sections 41-61-69 and 41-61-75; however, no county shall pay the deputy medical examiners or deputy medical examiner investigators less than Three Hundred Dollars ($300.00) per month as a salary in addition to other compensation provided by law. For this salary the chief shall assure twenty-four-hour daily and readily available death investigators for the county, and shall maintain copies of all medical examiner death investigations for the county for at least the previous five (5) years. He shall coordinate his office and duties and cooperate with the State Medical Examiner, and the State Medical Examiner shall cooperate with him.
SECTION 9. Section 41-61-75, Mississippi Code of 1972, is amended as follows:
[Through December 31, 2023, this section shall read as follows:]
(1) For each investigation with the preparation and submission of the required reports, the following fees shall be billed to and paid by the county for which the service is provided:
(a) A medical examiner or his deputy shall receive One Hundred Seventy-five Dollars ($175.00) for each completed report of investigation of death, plus the examiner's actual expenses. In addition to that fee, in cases where the cause of death was sudden infant death syndrome (SIDS) and the medical examiner provides a SIDS Death Scene Investigation report, the medical examiner shall receive for completing that report an additional Fifty Dollars ($50.00), or an additional One Hundred Dollars ($100.00) if the medical examiner has received advanced training in child death investigations and presents to the county a certificate of completion of that advanced training. The State Medical Examiner shall develop and prescribe a uniform format and list of matters to be contained in SIDS/Child Death Scene Investigation reports, which shall be used by all county medical examiners and county medical examiner investigators in the state.
(b) The pathologist performing autopsies as provided in Section 41-61-65 shall receive One Thousand Dollars ($1,000.00) per completed autopsy, plus mileage expenses to and from the site of the autopsy, and shall be reimbursed for any out-of-pocket expenses for third-party testing, not to exceed One Hundred Dollars ($100.00) per autopsy.
(2) Any medical examiner, physician or pathologist who is subpoenaed for appearance and testimony before a grand jury, courtroom trial or deposition shall be entitled to an expert witness hourly fee to be set by the court and mileage expenses to and from the site of the testimony, and such amount shall be paid by the jurisdiction or party issuing the subpoena.
[From and after January 1, 2024, this section shall read as follows:]
(1) For each investigation with the preparation and submission of the required reports, the following fees shall be billed to and paid by the county for which the service is provided:
(a)
A medical examiner or his deputy shall receive * * *
One Hundred Eighty-five Dollars ($185.00) for each completed report of investigation
of death, plus the examiner's actual expenses. In addition to that fee, in cases
where the cause of death was sudden infant death syndrome (SIDS) and the medical
examiner provides a SIDS Death Scene Investigation report, the medical examiner
shall receive for completing that report an additional Fifty Dollars ($50.00), or
an additional One Hundred Dollars ($100.00) if the medical examiner has received
advanced training in child death investigations and presents to the county a certificate
of completion of that advanced training. The State Medical Examiner shall develop
and prescribe a uniform format and list of matters to be contained in SIDS/Child
Death Scene Investigation reports, which shall be used by all county medical examiners
and county medical examiner investigators in the state.
(b) The pathologist performing autopsies as provided in Section 41-61-65 shall receive One Thousand Dollars ($1,000.00) per completed autopsy, plus mileage expenses to and from the site of the autopsy, and shall be reimbursed for any out-of-pocket expenses for third-party testing, not to exceed One Hundred Dollars ($100.00) per autopsy.
(2) Any medical examiner, physician or pathologist who is subpoenaed for appearance and testimony before a grand jury, courtroom trial or deposition shall be entitled to an expert witness hourly fee to be set by the court and mileage expenses to and from the site of the testimony, and such amount shall be paid by the jurisdiction or party issuing the subpoena.
[From and after January 1, 2028, this section shall read as follows:]
(1) For each investigation with the preparation and submission of the required reports, the following fees shall be billed to and paid by the county for which the service is provided:
(a)
A medical examiner or his deputy shall receive * * *
One Hundred Ninety-five Dollars ($195.00) for each completed report of investigation
of death, plus the examiner's actual expenses. In addition to that fee, in cases
where the cause of death was sudden infant death syndrome (SIDS) and the medical
examiner provides a SIDS Death Scene Investigation report, the medical examiner
shall receive for completing that report an additional Fifty Dollars ($50.00), or
an additional One Hundred Dollars ($100.00) if the medical examiner has received
advanced training in child death investigations and presents to the county a certificate
of completion of that advanced training. The State Medical Examiner shall develop
and prescribe a uniform format and list of matters to be contained in SIDS/Child
Death Scene Investigation reports, which shall be used by all county medical examiners
and county medical examiner investigators in the state.
(b) The pathologist performing autopsies as provided in Section 41-61-65 shall receive One Thousand Dollars ($1,000.00) per completed autopsy, plus mileage expenses to and from the site of the autopsy, and shall be reimbursed for any out-of-pocket expenses for third-party testing, not to exceed One Hundred Dollars ($100.00) per autopsy.
(2) Any medical examiner, physician or pathologist who is subpoenaed for appearance and testimony before a grand jury, courtroom trial or deposition shall be entitled to an expert witness hourly fee to be set by the court and mileage expenses to and from the site of the testimony, and such amount shall be paid by the jurisdiction or party issuing the subpoena.
SECTION 10. This act shall take effect and be in force from and after July 1, 2022.
