MISSISSIPPI LEGISLATURE

1997 Regular Session

To: County Affairs; Fees, Salaries and Administration

By: Senator(s) Jackson

AN ACT TO AMEND SECTION 7-3-47, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF SUPERVISORS OF ANY COUNTY FOR A CERTAIN PERIOD OF TIME TO REFUND ANY FEES FORFEITED BY A CONSTABLE TO THE COUNTY GENERAL FUND FOR FAILURE TO FILE CERTAIN REPORTS REQUIRED BY LAW; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 7-3-47, Mississippi Code of 1972, is amended as follows:

7-3-47. (1) On or before April 20 of each year, the Secretary of State shall notify by mail every constable being compensated in whole or in part on a fee basis who has failed to file the report required by Section 7-3-45; and on or before May 15 of each year, he will notify the Attorney General of the ones of same by name who still have not filed such report, and the Attorney General shall thereupon prosecute such delinquent officers. If such report is not made by July 1 of the year, injunctive action and discovery in the chancery court of the residence of any such delinquent officer shall lie, and the Attorney General shall prosecute an action or actions in such court to obtain the proper information for each delinquent report.

(2) Failure on the part of any such officer to file such report by May 15 or evasion of the cited section, either by failure to report properly or by false entry, shall constitute a misdemeanor and shall be punishable by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not less than thirty (30) days nor more than six (6) months, or by both such fine and imprisonment as the court may direct.

(3) If any such constable compensated by fees shall fail to file such report by May 1 in any year, all fees, salaries and other remuneration collected by such official from May 1 until the date when such report is filed shall be forfeited to the general fund of the county. Any such official going out of office at the end of his or her term shall be liable on his or her official bond for the refund of all allowances, fees, salaries or other remuneration received by him or her from the county treasury during the last year of his or her term of office, if such report is not filed with the Secretary of State by May 1 of the following year. Provided, however, that effective January 1, 1996, through October 1, 1997, the board of supervisors of any county may, in its discretion, appropriate and pay from the general fund of such county to any constable of the county, a refund of any such fees forfeited to the general fund due to his failure to file the report required by Section 7-3-45.

SECTION 2. This act shall take effect and be in force from and after its passage.