Bill Text: MS HB759 | 2018 | Regular Session | Introduced
Bill Title: County officials; increase the salaries of certain.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [HB759 Detail]
Download: Mississippi-2018-HB759-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Appropriations
By: Representative Barton
House Bill 759
AN ACT TO INCREASE THE COMPENSATION PAID TO CERTAIN COUNTY OFFICIALS; TO AMEND SECTION 25-3-13, MISSISSIPPI CODE OF 1972, TO REVISE THE SALARIES OF THE MEMBERS OF THE BOARDS OF SUPERVISORS; TO AMEND SECTION 9-1-43, MISSISSIPPI CODE OF 1972, TO INCREASE THE LIMIT ON THE COMPENSATION FOR CHANCERY CLERKS AND CIRCUIT CLERKS; TO AMEND SECTION 25-7-9, MISSISSIPPI CODE OF 1972, TO REVISE THE FILING FEES CHARGED BY CHANCERY CLERKS FOR THE RECORDING OF DOCUMENTS; TO BRING FORWARD SECTION 25-60-5, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTIONS 41-61-59 AND 41-61-75, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPENSATION PAID TO THE COUNTY MEDICAL EXAMINERS, DEPUTY MEDICAL EXAMINERS AND DEPUTY MEDICAL EXAMINER INVESTIGATORS; TO AMEND SECTION 23-15-153, MISSISSIPPI CODE OF 1972, TO INCREASE THE PER DIEM PAID TO ELECTION COMMISSIONERS FOR THE PERFORMANCE OF THEIR DUTIES IN THE CONDUCT OF AN ELECTION OR IN THE PERFORMANCE OF THEIR DUTIES IN REVISING THE REGISTRATION BOOKS AND POLLBOOKS; TO AMEND SECTION 25-3-3, MISSISSIPPI CODE OF 1972, TO REVISE THE SALARIES OF COUNTY ASSESSORS OR TAX COLLECTORS, OR BOTH IF THE OFFICE OF ASSESSOR HAS BEEN COMBINED WITH THE OFFICE OF TAX COLLECTOR; TO BRING FORWARD SECTION 25-3-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDES A CAP ON THE SALARIES OF TAX ASSESSORS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 25-7-27, MISSISSIPPI CODE OF 1972, TO REVISE THE FEES CHARGED BY MARSHALS AND CONSTABLES; TO AMEND SECTION 25-7-19, MISSISSIPPI CODE OF 1972, TO REVISE THE FEES CHARGED BY SHERIFFS OF THE VARIOUS COUNTIES; TO AMEND SECTION 23-15-225, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPENSATION PAID TO REGISTRARS; TO AMEND SECTION 25-7-13, MISSISSIPPI CODE OF 1972, TO REVISE THE FEE CHARGED BY CIRCUIT COURT CLERKS FOR EACH DAY'S ATTENDANCE UPON THE CIRCUIT COURT TERM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-3-13, Mississippi Code of 1972, is amended as follows:
25-3-13. (1) The salaries of the members of the boards of supervisors of the various counties are fixed as full compensation for their services.
The annual salary of each member of the board of supervisors shall be based upon the total assessed valuation of his or her 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 at least * * * Twenty-five
Million Dollars ($25,000,000.00), but less than Fifty Million Dollars
($50,000,000.00), a salary of * * *
Thirty-nine Thousand Dollars ($39,000.00);
( * * *b) For counties having a total
assessed valuation of at least Fifty Million Dollars ($50,000,000.00), but less
than * * * One Hundred Million Dollars
($100,000,000.00), a salary of * * *
Forty-three Thousand Seven Hundred Dollars ($43,700.00);
* * *
( * * *c) For counties having a total
assessed valuation of at least * * *
One Hundred Million Dollars ($100,000,000.00), but less than * * *
Two Hundred Million Dollars ($200,000,000.00), a salary of * * *
Forty-four Thousand Seven Hundred Dollars ($44,700.00);
( * * *d) For counties having a total
assessed valuation of at least * * *
Two Hundred Million Dollars ($200,000,000.00), but less than * * * Four
Hundred Million Dollars ($400,000,000.00), a salary of * * *
Fifty Thousand Four Hundred Dollars ($50,400.00);
( * * *e) For counties having a total
assessed valuation of * * * at least Four Hundred
Million Dollars ($400,000,000.00), but less than * * * Eight
Hundred Million Dollars ($800,000,000.00), a salary of * * *
Fifty-four Thousand Seven Hundred Dollars ($54,700.00);
( * * *f) For counties having a total
assessed valuation of * * * Eight Hundred Million
Dollars ($800,000,000.00) or more, a salary of * * *
Fifty-six Thousand Seven Hundred Dollars ($56,700.00).
(2) The annual salary established for the members of the board of supervisors shall not be reduced as a result of a reduction in total assessed valuation.
(3) The salary of the members of the board of supervisors shall not be increased under this section until the board of supervisors shall have passed a resolution stating the amount of the increase and spread it on its minutes.
SECTION 2. 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 Dollars ($99,000.00).
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 or
she shall not receive as compensation any fees in excess of that
portion of the salary limitation that can be attributed to his or her
time in office on a pro rata basis. Upon leaving office, income earned by any
clerk in his or her last full year of office but not received until
after his or her 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 Dollars ($99,000.00), 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 * * * before 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 or her 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 or her 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 or her as deputy chancery clerk. The cash receipts collected by the chancery clerk in his or her capacity as deputy circuit clerk and the cash receipts collected by the circuit clerk in his or her 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 or she 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 3. Section 25-7-9, Mississippi Code of 1972, is amended as follows:
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) * * * Certifying copies of filed
documents, for each complete document..................................... $
1.00
(b) * * * 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
.....................................................$ * * * 20.00
Each additional page........................ $ 1.00
* * *
( * * *dc) (i) Recording oil and gas leases, cancellations,
etc., including indexing in general indices; for the first fifteen (15) pages................................................. $
18.00
Each additional page................... $ 1.00
(ii) Sectional index entries per section or subdivision lot...................................................... $ 1.00
(iii) Recording each oil and gas assignment
per assignee.......................................... $ 18.00
( * * *d) (i) Furnishing copies of any
papers of record or on file:
If performed by the clerk or his or her employee,
per page.............................................. $ .50
If performed by any other person,
per page.............................................. $ .25
(ii) Entering marginal notations on
documents of record................................... $ 1.00
( * * *fe) For each day's attendance on the board of
supervisors, for himself or herself and one (1) deputy,
each.....................................................$ 20.00
( * * *gf) For other services as clerk of the board of
supervisors an allowance shall be made to him or her (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 or her 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.
( * * *ji) 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 or her successor in office shall perform all
duties set forth without additional compensation or fee to wit:
.......................................................... $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 4. Section 25-60-5, Mississippi Code of 1972, is brought forward as follows:
25-60-5. (1) Except as provided in subsection (2) of this section, any county or municipal official or employee who accepts documents for filing as public records shall, in addition to any other fee provided elsewhere by law, collect a fee of One Dollar ($1.00) for each document so filed. In municipalities and counties that collect Three Hundred Dollars ($300.00) or more per month from the filing fee, the official or employee collecting the fee shall, on or before the last day of each month, deposit the avails of Fifty Cents (50¢) of the fee into the general fund of the county or municipality, as appropriate, and remit the remainder to the State Treasurer who shall deposit it to the credit of a statewide local government records management fund which is hereby created in the State Treasury. In municipalities and counties that collect less than Three Hundred Dollars ($300.00) per month from the filing fee, the avails of Fifty Cents (50¢) of the fee shall be remitted to the State Treasurer on a quarterly basis for deposit as provided in the previous sentence. Any monies remaining in the fund at the end of a fiscal year shall not lapse into the General Fund of the State Treasury. Counties and municipalities shall expend monies derived from the fee hereinabove imposed solely to support proper management of their official records in accordance with records management standards established by the Department of Archives and History. Monies in the Local Government Records Management Fund shall be expended by the Department of Archives and History, pursuant to legislative appropriation, to support the Local Government Records Office of the department and to support a local records management grant program as funds permit.
(2) The fee provided in subsection (1) of this section shall not be collected in any county until the board of supervisors, by resolution spread upon its minutes, determines that it will collect the fee.
(3) Each municipality and participating county may collect the filing fee provided for in this section on filings in any court subject to their respective jurisdiction.
SECTION 5. Section 41-61-59, Mississippi Code of 1972, is amended 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 or she 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 or she
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 or she
shall coordinate his or her office and duties and cooperate with the
State Medical Examiner, and the State Medical Examiner shall cooperate with him
or her.
SECTION 6. Section 41-61-75, Mississippi Code of 1972, is amended as follows:
41-61-75. (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 or her 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.
(3) This section shall stand repealed on July 1, 2020.
SECTION 7. Section 23-15-153, Mississippi Code of 1972, is amended as follows:
23-15-153. (1) At least during the following times, the election commissioners shall meet at the office of the registrar or the office of the election commissioners to carefully revise the county voter roll as electronically maintained by the Statewide Elections Management System and remove from the roll the names of all voters who have requested to be purged from the voter roll, died, received an adjudication of non compos mentis, been convicted of a disenfranchising crime, or otherwise become disqualified as electors for any cause, and shall register the names of all persons who have duly applied to be registered but have been illegally denied registration:
(a) On the Tuesday after the second Monday in January 1987 and every following year;
(b) On the first Tuesday in the month immediately preceding the first primary election for members of Congress in the years when members of Congress are elected;
(c) On the first Monday in the month immediately preceding the first primary election for state, state district legislative, county and county district offices in the years in which those offices are elected; and
(d) On the second Monday of September preceding the general election or regular special election day in years in which a general election is not conducted.
Except for the names of those voters who are duly qualified to vote in the election, no name shall be permitted to remain in the Statewide Elections Management System; however, no name shall be purged from the Statewide Elections Management System based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not in the county voter roll electronically maintained by the Statewide Elections Management System.
(2) Except as provided in
this section, and subject to the following annual limitations, the election
commissioners shall be entitled to receive a per diem in the amount of * * * One Hundred
Dollars ($100.00), to be paid from the county general fund, for every day
or period of no less than five (5) hours accumulated over two (2) or more days
actually employed in the performance of their duties in the conduct of an
election or actually employed in the performance of their duties for the
necessary time spent in the revision of the county voter roll as electronically
maintained by the Statewide Elections Management System as required in
subsection (1) of this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.
(3) In addition to the number of days authorized in subsection (2) of this section, the board of supervisors of a county may authorize, in its discretion, the election commissioners to receive a per diem in the amount provided for in subsection (2) of this section, to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section, for not to exceed five (5) days.
(4) (a) The election
commissioners shall be entitled to receive a per diem in the amount of * * * One Hundred
Dollars ($100.00), to be paid from the county general fund, not to exceed
ten (10) days for every day or period of no less than five (5) hours
accumulated over two (2) or more days actually employed in the performance of
their duties for the necessary time spent in the revision of the county voter
roll as electronically maintained by the Statewide Elections Management System
before any special election. For purposes of this paragraph, the regular
special election day shall not be considered a special election. The annual
limitations set forth in subsection (2) of this section shall not apply to this
paragraph.
(b) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Fifty Dollars ($150.00), to be paid from the county general fund, for the performance of their duties on the day of any general or special election, or runoff election following either a general or special election. The annual limitations set forth in subsection (2) of this section shall apply to this paragraph.
(5) The election commissioners
shall be entitled to receive a per diem in the amount of * * * One Hundred
Dollars ($100.00), to be paid from the county general fund, not to exceed
fourteen (14) days for every day or period of no less than five (5) hours accumulated
over two (2) or more days actually employed in the performance of their duties
for the necessary time spent in the revision of the county voter roll as
electronically maintained by the Statewide Elections Management System and in
the conduct of a runoff election following either a general or special
election.
(6) The election commissioners shall be entitled to receive only one (1) per diem payment for those days when the election commissioners discharge more than one (1) duty or responsibility on the same day.
(7) In preparation for a municipal primary, runoff, general or special election, the county registrar shall generate and distribute the master voter roll and pollbooks from the Statewide Elections Management System for the municipality located within the county. The municipality shall pay the county registrar for the actual cost of preparing and printing the municipal master voter roll pollbooks. A municipality may secure "read only" access to the Statewide Elections Management System and print its own pollbooks using this information.
(8) County election commissioners who perform the duties of an executive committee with regard to the conduct of a primary election under a written agreement authorized by law to be entered into with an executive committee shall receive per diem as provided for in subsection (2) of this section. The days that county election commissioners are employed in the conduct of a primary election shall be treated the same as days county election commissioners are employed in the conduct of other elections.
(9) In addition to any per diem authorized by this section, any election commissioner shall be entitled to the mileage reimbursement rate allowable to federal employees for the use of a privately owned vehicle while on official travel on election day.
(10) Every election commissioner shall sign personally a certification setting forth the number of hours actually worked in the performance of the commissioner's official duties and for which the commissioner seeks compensation. The certification must be on a form as prescribed in this subsection. The commissioner's signature is, as a matter of law, made under the commissioner's oath of office and under penalties of perjury.
The certification form shall be as follows:
COUNTY ELECTION COMMISSIONER
PER DIEM CLAIM FORM
NAME: ____________________________ COUNTY: _______________
ADDRESS: _________________________ DISTRICT: _____________
CITY: ______________ ZIP: ________
PURPOSE APPLICABLE ACTUAL PER DIEM
DATE BEGINNING ENDING OF MS CODE HOURS DAYS
WORKED TIME TIME WORK SECTION WORKED EARNED
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
TOTAL NUMBER OF PER DIEM DAYS EARNED
EXCLUDING ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED
X $ * * * 100.00
TOTAL NUMBER PER DIEM DAYS EARNED
FOR ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X $150.00
TOTAL AMOUNT OF PER DIEM CLAIMED $_______
I understand that I am signing this document under my oath as an election commissioner and under penalties of perjury.
I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting.
Signed this the _____day of ______________, ____.
________________________
Commissioner's Signature
When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person.
Any person may contest the accuracy of the certification in any respect by notifying the chair of the commission, any member of the board of supervisors or the clerk of the board of supervisors of the contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the commission, the clerk of the board of supervisors or the board of supervisors, as the case may be.
Any contestor who successfully contests any certification will be awarded all expenses incident to his or her contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same.
(11) Any election commissioner who has not received a certificate issued by the Secretary of State pursuant to Section 23-15-211 indicating that the election commissioner has received the required elections seminar instruction and that the election commissioner is fully qualified to conduct an election, shall not receive any compensation authorized by this section or Section 23-15-239.
SECTION 8. Section 25-3-3, Mississippi Code of 1972, is amended as follows:
25-3-3. (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-six Thousand Two Hundred Fifty Dollars ($76,250.00);
( * * *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-three
Thousand Five Hundred Dollars ($73,500.00);
( * * *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 Thousand Seven Hundred Fifty Dollars ($70,750.00);
( * * *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-seven Thousand Two Hundred Fifty Dollars ($67,250.00);
( * * *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-four Thousand Two Hundred
Fifty Dollars ($64,250.00);
( * * *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-two
Thousand Dollars ($62,000.00);
( * * *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 Two Hundred Fifty Dollars ($60,250.00);
( * * *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 Seven Hundred Fifty Dollars ($55,750.00).
(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 International Association of Assessing Officers or is a licensed appraiser under Section 73-34-1 et seq., he or she 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 or she 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 or she 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. 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 9. Section 25-3-7, Mississippi Code of 1972, is brought forward as follows:
25-3-7. From the State Treasury shall be paid up to
one-fourth (1/4) of the salary of each county assessor, but in no instance shall the payment exceed the figure paid for the fiscal year of 1970-1971 to the assessor, whether or not the offices of assessor and tax collector are combined.
SECTION 10. 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 $ * * * 45.00
* * *
( * * *iiiii) In all cases where there is more than one (1)
defendant residing at the same household, for service on each additional
defendant................................................ $ 5.00
(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 the oath of the marshal or constable, as the case may be, who was
charged with serving the 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.................. $ * * *35.00 45.00
(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 or she
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
..................................................$ * * * 2,500.00
(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 11. Section 25-7-19, Mississippi Code of 1972, is amended 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 * * *Thirty-five Dollars ($35.00) Forty-five Dollars ($45.00)
to pay the sheriff's fee for his or her 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 or her own expense.
(2) (a) The sheriff shall
keep a complete account of every fee of every nature, commission or charge
collected by him or her, and shall file an itemized statement thereof
monthly, under oath, with the clerk of the board of supervisors of his or
her county who shall preserve same as a part of the records of his or
her office, and he or she shall make a remittance to the clerk of
the board of supervisors of his or her county on or before the fifteenth
of each month for deposit into the general fund of the county of all * * * the 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 her 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 or she 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 or her bond, but shall be an additional penalty for misfeasance or nonfeasance in office.
SECTION 12. Section 23-15-225, Mississippi Code of 1972, is amended as follows:
23-15-225. (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-two Thousand
Five Hundred Ninety-one Dollars ($32,591.00), but not less than * * * Ten
Thousand Twenty-eight Dollars ($10,028.00).
(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-seven Thousand Five Hundred Seventy-seven Dollars ($27,577.00),
but not less than * * * Ten Thousand Twenty-eight
Dollars ($10,028.00).
(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-five
Thousand Seventy Dollars ($25,070.00), but not less than * * * Ten
Thousand Twenty-eight Dollars ($10,028.00).
(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-two Thousand Five Hundred Sixty-three Dollars ($22,563.00), but
not less than * * * Ten Thousand Twenty-eight
Dollars ($10,028.00).
(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 * * *
Twenty Thousand Fifty-six Dollars ($20,056.00), but not less than * * * Ten
Thousand Twenty-eight Dollars ($10,028.00).
(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 * * *
Seventeen Thousand Five Hundred Forty-nine Dollars ($17,549.00), but not
less than * * * Ten Thousand Twenty-eight
Dollars ($10,028.00).
(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 * * *
Fifteen Thousand Forty-two Dollars ($15,042.00), but not less than * * * Eight
Thousand Seven Hundred Seventy-four Dollars ($8,774.00).
(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 Five Hundred Thirty-five Dollars ($12,535.00), but not
less than * * * Eight Thousand Seven Hundred
Seventy-four Dollars ($8,774.00).
(i) For counties with
a total population of not more than six thousand (6,000), an amount not to
exceed * * * Ten Thousand Twenty-eight Dollars
($10,028.00) but not less than * * *
Six Thousand Eight Hundred Ninety-four Dollars ($6,894.00).
(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.
SECTION 13. Section 25-7-13, Mississippi Code of 1972, is amended 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 or her 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 $ 20.00
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 or herself 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 14. This act shall take effect and be in force from and after January 1, 2020.
