Bill Text: MS HB1491 | 2016 | Regular Session | Introduced
Bill Title: Salaries; increase for certain county officials.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [HB1491 Detail]
Download: Mississippi-2016-HB1491-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Revenue and Expenditure General Bills
By: Representative Carpenter
House Bill 1491
AN ACT 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 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 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 SECTION 25-3-3, MISSISSIPPI CODE OF 1972, TO REVISE THE SALARIES OF COUNTY TAX ASSESSORS ALSO SERVING AS TAX COLLECTORS; 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 25-7-13, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEE CHARGED BY CIRCUIT CLERKS FOR FILING AND RECORDING APPLICATIONS FOR MARRIAGE LICENSES AND FOR ATTENDING COURT; TO BRING FORWARD SECTION 41-57-48, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE FEE CHARGED BY A CIRCUIT CLERK FOR PREPARING MARRIAGE RECORDS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 23-15-225, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; 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 Five Thousand Dollars ($5,000.00) 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 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 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 Two Thousand Five Hundred Dollars ($2,500.00) beginning on October 1 of the fiscal year immediately following certification.
(8) (a) 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:
(i) The President of the Mississippi Association of Supervisors, or his or her designee, who shall serve on the board during his term as president;
(ii) The State Auditor, or his or her designee;
(iii) The Lieutenant Governor, or his or her designee;
(iv) The Speaker of the House, or his or her designee;
(v) 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, 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 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 3. 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, 2017.
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 twenty-five (25) pages in length other than those listed in paragraph (c) of this subsection the sum of Twenty-five Dollars ($25.00), which includes the fee set forth in Section 25-605(1) and the fees for making all sectional index entries and up to five (5) marginal notations. For documents in excess of twenty-five (25) 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........................................ $ 50.00
For the second chancellor sitting,
clerk only............................................ $ 50.00
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 a complaint 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:
(a) Divorce to be contested................... $75.00
(b) Divorce uncontested....................... $30.00
(c) Alteration of birth or marriage certificate $25.00
(d) Removal of minority....................... $25.00
(e) Guardianship or conservatorship........... $75.00
(f) Estate of deceased, intestate............. $75.00
(g) Estate of deceased, testate............... $75.00
(h) Adoption.................................. $75.00
(i) Land dispute.............................. $75.00
(j) Injunction................................ $75.00
(k) Settlement of small claim................. $30.00
(l) Contempt in child support................. $75.00
(m) Partition suit............................ $75.00
(n) Any cross-complaint....................... $25.00
(o) Commitment................................ $75.00
(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 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 Two Billion Dollars ($2,000,000,000.00) or
more, a salary of * * * Seventy-eight
Thousand Two Hundred Dollars ($78,200.00);
(b) For counties
having a total assessed valuation of at least One Billion Dollars
($1,000,000,000.00) but less than Two Billion Dollars ($2,000,000,000.00), a
salary of * * * Seventy-four Thousand
Five Hundred Dollars ($74,500.00);
(c) For counties
having a total assessed valuation of at least * * *
Five Hundred Fifty Million Dollars ($550,000.000.00) but less than One
Billion Dollars ($1,000,000,000.00), a salary of * * * Seventy-one Thousand Dollars ($71,000.00);
(d) For counties
having a total assessed valuation of at least * * *
Three Hundred Fifty Million Dollars ($350,000.000.00) but less than * * *
Five Hundred Fifty Million Dollars ($550,000,000.00), a salary of * * * Sixty-seven
Thousand Five Hundred Dollars ($67,500.00);
(e) For counties
having a total assessed valuation of at least * * *
Two Hundred Fifty Million Dollars ($250,000,000.00) but less than * * *
Three Hundred Fifty Million Dollars ($350,000,000.00), a salary of * * *
Sixty-four Thousand Three Hundred Dollars ($64,300.00);
(f) For counties
having a total assessed valuation of at least * * *
One Hundred Fifty Million Dollars ($150,000,000.00) but less than * * *
Two Hundred Fifty Million Dollars ($250,000,000.00), a salary of * * * Sixty-one Thousand Six Hundred Dollars ($61,600.00);
(g) For counties
having a total assessed valuation of at least * * *
Seventy-five Million Dollars ($75,000,000.00) but less than * * *
One Hundred Fifty Million Dollars ($150,000,000.00), a salary of * * * Fifty-nine Thousand Five Hundred Dollars
($59,500.00);
(h) For counties
having a total assessed valuation of less than * * *
Seventy-five Million Dollars ($75,000,000.00), a salary of * * *
Fifty-seven Thousand Five Hundred Dollars ($57,500.00).
(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 7. 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 8. 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 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............................................... $
* * * 50.00
The clerk shall deposit Fourteen Dollars ($14.00) of each fee collected for a marriage license in the Victims of Domestic Violence Fund established in Section 93-21-117, on a monthly basis.
(j) For certified copy of marriage license and search of record, the same fee charged by the Bureau of Vital Statistics of the State Board of Health.
(k) For public service not particularly provided for, the circuit court may allow the clerk, per annum, to be paid by the county on presentation of the circuit court's order, the following amount $5,000.00
However, in the counties having two (2) judicial districts, such above allowance shall be made for each judicial district.
(l) For drawing jurors and issuing venire, to be paid by the county................................................ $ 5.00
(m) For each day's attendance upon the circuit court
term, for himself and necessary deputies allowed by the court, each to be paid
by the county..................................... $ * * * 85.00
(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 9. Section 41-57-48, Mississippi Code of 1972, is brought forward as follows:
41-57-48. (1) For each marriage performed in this state, a record entitled "Statistical Record of Marriage" shall be filed with the office of vital records registration of the State Board of Health by the circuit clerk who issued the marriage license and shall be registered if it has been completed and filed in accordance with this section.
(2) The circuit clerk who issues the marriage license shall complete the statistical record (except for the section relating to the ceremony) on a form prescribed and furnished by the State Board of Health and shall sign it. The record shall be prepared on the basis of information obtained from the parties to be married, and both the bride and the groom shall sign the record certifying that the information about themselves is correct.
(3) The person who performs the marriage ceremony shall complete and sign the section relating to the ceremony and shall return the record to the circuit clerk who issued the license within five (5) days after the ceremony.
(4) The circuit clerk, on or before the tenth day of each calendar month, shall forward to the State Board of Health all completed records returned to him during the preceding month.
(5) The circuit clerk shall receive a recording fee of one dollar ($1.00) for each marriage record prepared and forwarded by him to the State Board of Health. This fee shall be collected from the applicants for the license together with, and in addition to, the fee for the license and shall be deposited in the county treasury. The recording fees shall be paid to the circuit clerk out of the county treasury once each six (6) months on order of the board of supervisors, upon certification by the office of vital records registration of the number of marriage records filed.
SECTION 10. Section 23-15-225, Mississippi Code of 1972, is brought forward 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 Twenty-nine Thousand Nine Hundred Dollars ($29,900.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(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-five Thousand Three Hundred Dollars ($25,300.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(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-three Thousand Dollars ($23,000.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(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 Thousand Seven Hundred Dollars ($20,700.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(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 Eighteen Thousand Four Hundred Dollars ($18,400.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(f) For counties with a total population of more than fifteen thousand (15,000) and not more than twenty-five thousand (25,000), an amount not to exceed Sixteen Thousand One Hundred Dollars ($16,100.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(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 Thirteen Thousand Eight Hundred Dollars ($13,800.00), but not less than Eight Thousand Fifty Dollars ($8,050.00).
(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 Eleven Thousand Five Hundred Dollars ($11,500.00), but not less than Eight Thousand Fifty Dollars ($8,050.00).
(i) For counties with a total population of not more than six thousand (6,000), an amount not to exceed Nine Thousand Two Hundred Dollars ($9,200.00) but not less than Six Thousand Three Hundred Twenty-five Dollars ($6,325.00).
(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 which necessitates the hiring of additional deputy registrars, the board of supervisors may by contract compensate the county registrar amounts in addition to the sums prescribed herein, in its discretion.
(3) As compensation for their services in assisting the county election commissioners in performance of their duties in the revision of the registration books and the pollbooks of the several voting precincts of the several counties 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 duties in regard to the conduct of elections and the performance of his 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 services equal to the limitation on compensation prescribed in Section 9-1-43.
SECTION 11. This act shall take effect and be in force from and after October 1, 2016.
