Bill Text: MS HB929 | 2017 | Regular Session | Introduced
Bill Title: County officials; increase the salaries of certain.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2017-01-31 - Died In Committee [HB929 Detail]
Download: Mississippi-2017-HB929-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Revenue and Expenditure General Bills
By: Representative Barton
House Bill 929
AN ACT TO INCREASE THE COMPENSATION PAID TO CERTAIN COUNTY OFFICIALS; TO AMEND SECTION 19-3-77, MISSISSIPPI CODE OF 1972, TO CREATE A SUPERVISORS EDUCATION AND CERTIFICATION PROGRAM FOR COUNTY SUPERVISORS; TO PROVIDE AN ANNUAL SALARY SUPPLEMENT UPON ATTAINING CERTIFICATION; TO AUTHORIZE REIMBURSEMENT FOR CERTAIN EXPENSES ASSOCIATED WITH ATTENDANCE AT THE EDUCATION AND CERTIFICATION PROGRAM; 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 AMEND SECTION 25-60-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; 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 PROVIDE THAT ELECTION COMMISSIONERS WHO PERFORM THE DUTIES OF AN EXECUTIVE COMMITTEE WITH REGARD TO CONDUCTING A PRIMARY ELECTION SHALL RECEIVE A PER DIEM IN THE AMOUNT OF $150.00; 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 AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-3-77, Mississippi Code of 1972, is amended as follows:
19-3-77. (1) There are hereby established programs of professional education for county purchase clerks, receiving clerks and inventory control clerks. The programs shall be offered at least every four (4) years at the beginning of terms of office for county elected officials and at other times when the State Auditor has been notified by a board of supervisors that a vacancy in the position of purchase clerk, receiving clerk or inventory control clerk has been filled with an uncertified appointee. The curriculum for each program shall be designed by the State Auditor. Program administration, coordination, delivery and attendance verification shall be conducted by the Community Development Department of the Mississippi Cooperative Extension Service. The professional education programs offered at the beginning of terms of office shall be scheduled in each planning and development district; provided, however, the Community Development Department may schedule a program in one (1) geographical area encompassing several planning and development districts rather than scheduling separate programs in each planning and development district within that geographical area. Participants who successfully complete a program shall be certified by the State Auditor and shall display the certificate awarded in a prominent public place within their offices.
* * *
(2) There is hereby
established a * * * Supervisors Education and Certification
Program for members of county boards of supervisors. The program shall be * * *
directed and
implemented by the Center for Government and Community Development at the
Mississippi State University Extension Service ("center"). Under the
program, county supervisors shall receive education, be tested and attain
certification as a county supervisor. The Education and Certification Program
Advisory Board, created under subsection (8) of this section, in cooperation
with the Office of the State Auditor, shall act in an advisory capacity and
assist the center in its approval of curriculum to be used in education of
supervisors and in the approval of supervisors for certification. The center
shall develop and promulgate rules and regulations specific to the exercise of
its authority hereunder.
(3) There shall be three (3) levels of supervisor certification: Supervisor I (S1), Supervisor II (S2) and Supervisor III (S3).
(4) In any year in which a county supervisor takes office for the first time, the center shall conduct Mississippi Supervisor Education and Certification Program sessions to be held at sufficiently convenient locations throughout the state and at times that are sufficient to provide each county supervisor with an opportunity to attend the program sessions.
(5) When any supervisor travels outside of his county to attend a Supervisor Education and Certification Program session conducted by the center, that person shall receive a reimbursement of expenses for the travel at the same rate for mileage, food and lodging as allowed under Section 25-3-41. However, mileage shall not be authorized when the travel occurs by use of a motor vehicle owned by the county. All expenses reimbursed for attending a Supervisor Education and Certification Program session shall be paid out of the county general fund.
(6) The center, with advice and assistance of the Supervisor Education and Certification Program Board, shall prescribe forms and promulgate all rules and regulations necessary to exercise the authority given it under the provisions of this section.
(7) (a) When any supervisor attains certification as a Supervisor I (SI) as prescribed hereunder, he shall receive an annual salary supplement in the amount of Two Thousand Five Hundred Dollars ($2,500.00) beginning on October 1 of the fiscal year immediately following certification and he shall be eligible for enrollment in the Supervisor II (S2) Supervisor Education and Certification Program.
(b) When any supervisor attains certification as a Supervisor II (S2) as prescribed hereunder, he shall receive an additional annual salary supplement in the amount of One Thousand Two Hundred Fifty Dollars ($1,250.00) beginning on October 1 of the fiscal year immediately following certification, and he shall be eligible for enrollment in the Supervisor III (S3) Supervisor Education and Certification Program.
(c) When any supervisor attains certification as a Supervisor III (S3), he shall receive an additional annual salary supplement in the amount of One Thousand Two Hundred Fifty Dollars ($1,250.00) beginning on October 1 of the fiscal year immediately following certification.
(d) No county board of supervisors shall increase a tax levy for the purpose of defraying the costs of the annual salary supplements established in this subsection.
(8) There shall be established a Supervisor Education and Certification Advisory Board which shall provide advice and assistance to the center along with the State Auditor, in the center's development and conduct of the Supervisor Education and Certification Program and provide advice as to the minimum standards adopted by the center for obtaining various levels of certification. The advisory board shall be composed of the following members:
(a) The President of the Mississippi Association of Supervisors, or his designee, who shall serve on the board during his term as president;
(b) The State Auditor, or his designee;
(c) The Lieutenant Governor, or his designee;
(d) The Speaker of the House, or his designee;
(e) One (1) member representing the Center for Government and Community Development of the Mississippi State University Extension Service.
(9) The center, with the advice of the Supervisor Education and Certification Board, shall design and develop a curriculum for supervisor certification candidates that shall:
(a) Consist of tested courses offered by recognized experts; and
(b) Require superior knowledge of county operations and management concepts.
(10) The center, with the advice and assistance of the Supervisor Education and Certification Advisory Board, shall certify all persons who successfully complete a Supervisor Education and Certification Program hereunder and shall furnish each successful certification applicant with a certificate that prominently displays the person's name and the fact that the person is a certified Supervisor I, Supervisor II or Supervisor III.
(11) The center, with the advice of the Supervisor Education and Certification Board, and consistent with rules and regulations promulgated by the center, shall revoke the certification of
an individual if the center, with the Advisory Board's advice, reasonably determines that the individual committed fraud or misrepresentation with respect to:
(a) The preparation, administration or taking of the examination for Supervisor I or Supervisor II certification; or
(b) Completion of the curriculum for Supervisor III certification.
(12) The center, with the assistance of the Supervisor Education and Certification Advisory Board, shall give notice and conduct a hearing to consider all of the evidence concerning any allegations of fraud or misrepresentation, with an opportunity for the supervisor to present evidence to the contrary, as desired, before revoking an individual's certification.
(13) The center shall establish a fair and reasonable fee for the examinations and certifications of county supervisors hereunder. Such fee shall be collected by the center and shall be used for:
(a) Testing and training of county supervisors; and
(b) Administration of the Mississippi Supervisor Education and Certification Program and the design of its curriculum hereunder in consultation with the Advisory Board.
SECTION 2. Section 25-3-13, Mississippi Code of 1972, is amended as follows:
25-3-13. (1) Except as provided in Section 19-3-77, 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 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-eight Thousand Seven Hundred Sixty Dollars ($38,760.00);
( * * *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 Thousand Four Hundred Forty Dollars ($40,440.00);
* * *
( * * *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-eight Thousand Four Hundred Eighty Dollars ($48,480.00);
( * * *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-three Thousand Six Hundred Forty Dollars ($53,640.00);
( * * *e) For counties having a total
assessed valuation of * * * 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 Eight Hundred Forty Dollars ($54,840.00);
( * * *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 Forty Dollars ($56,040.00).
(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 3. 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
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 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 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 4. 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) For the act of certifying copies of filed documents, for each complete document................................ $ 1.00
(b) * * *
For recording any document up to thirty-five (35) pages in length other than those listed in paragraph (c) of this subsection the sum of Thirty-five Dollars ($35.00), which includes the fee set forth in Section 25-60-5(1) and the fees for making all sectional index entries and up to five (5) marginal notations. For documents in excess of thirty-five (35) pages in length and/or requiring more than five (5) marginal notations, a fee of One Dollar ($1.00) for each additional page and Five Dollars ($5.00) for each additional marginal notation shall be payable.
( * * *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 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 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 (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.
( * * *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 fees shall
be a total fee for all services performed by the clerk with respect to * * * any civil case filed that
includes, but it 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 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 5. Section 25-60-5, Mississippi Code of 1972, is amended as follows:
25-60-5. (1) Except as provided in Section 25-7-9(1)(b) and 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 6. 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 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 7. 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 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, 2021.
SECTION 8. Section 23-15-153, Mississippi Code of 1972, is amended as follows:
23-15-153. (1) At the following times, the commissioners of election shall meet at the office of the registrar and carefully revise the registration books and the pollbooks of the several voting precincts, and shall erase from those books the names of all persons erroneously on the books, or who have died, removed or become disqualified as electors from any cause; and shall register the names of all persons who have duly applied to be registered and 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 congressmen in the years when congressmen 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 persons who are duly qualified to vote in the election, no name shall be permitted to remain on the registration books and pollbooks; however, no name shall be erased from the registration books or pollbooks 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 that are in effect at the time of such erasure. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not on the pollbook.
(2) Except as provided in
this section, and subject to the following annual limitations, the
commissioners of election 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
registration books and pollbooks 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 commissioners of election 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 registration books and pollbooks as required in subsection (1) of this section, for not to exceed five (5) days.
(4) (a) The commissioners of election shall be entitled to receive a per diem in the amount of Eighty-four Dollars ($84.00), 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 registration books and pollbooks prior to 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 commissioners of election 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 commissioners of
election shall be entitled to receive a per diem in the amount of Eighty-four
Dollars ($84.00), 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 registration
books * * * and
pollbooks * * * before a runoff election following either a
general or special election.
(6) The commissioners of election shall be entitled to receive only one (1) per diem payment for those days when the commissioners of election discharge more than one (1) duty or responsibility on the same day.
(7) The county registrar shall prepare the pollbooks and the county commissioners of election shall prepare the registration books of each municipality located within the county pursuant to an agreement between the county and each municipality in the county. The county commissioners of election and the county registrar shall be paid by each municipality for the actual cost of preparing registration books and pollbooks for the municipality and shall pay each county commissioner of election a per diem in the amount provided for in subsection (2) of this section for each day or period of not less than five (5) hours accumulated over two (2) or more days the commissioners are actually employed in preparing the registration books for the municipality, not to exceed five (5) days. The county commissioners of election and county registrar shall provide copies of the registration books and pollbooks to the municipal clerk of each municipality in the county. The municipality shall pay the county registrar for preparing and printing the pollbooks. A municipality may secure "read only" access to the Statewide Centralized Voter System and print its own pollbooks using this information; however, county commissioners of election shall remain responsible for preparing registration books for municipalities and shall be paid for this duty in accordance with this subsection.
(8) County commissioners of
election 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 * * *
in the amount of One Hundred Fifty Dollars ($150.00). The days that
county commissioners of election are employed in the conduct of a primary
election shall be treated the same as days county commissioners of election are
employed in the conduct of other elections.
(9) In addition to any per diem authorized by this section, any commissioner of election 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 commissioner of election 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 a commissioner of election 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 chairman of the commission, any member of the board of supervisors or the clerk of the board of supervisors of such 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 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 commissioner of election who has not received a certificate issued by the Secretary of State pursuant to Section 23-15-211 indicating that the commissioner of election has received the required elections seminar instruction and that the commissioner of election is fully qualified to conduct an election, shall not receive any compensation authorized by this section, Section 23-15-491 or Section 23-15-239.
SECTION 9. 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 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. 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 10. 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 11. 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...................................... $ * * * 40.00
* * *
( * * *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, 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 40.00
(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...................................................... $1,800.00
(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 12. This act shall take effect and be in force from and after October 1, 2017.
