MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Fees and Salaries of Public Officers; Appropriations

By: Representative Guice

House Bill 224

AN ACT TO PROVIDE FOR THE PAYMENT OF SALARIES IN LIEU OF FEES TO THE CHANCERY AND CIRCUIT CLERKS IN ALL COUNTIES IN THE STATE; TO PROVIDE THAT THE BOARD OF SUPERVISORS SHALL ESTABLISH THE SALARIES OF THE CHANCERY AND CIRCUIT CLERKS; TO PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF DEPUTY CLERKS; TO ESTABLISH A BUDGET PROCESS FOR THE CHANCERY AND CIRCUIT CLERKS' OFFICES; TO PROVIDE THAT ALL FEES PAID TO THE CHANCERY AND CIRCUIT CLERKS' OFFICES SHALL BE PAID INTO THE COUNTY GENERAL FUND; TO AMEND SECTIONS 9-1-43, 19-5-7, 25-7-9, 25-7-13, 27-31-85, 27-33-37, 27-105-343, 29-1-123, 41-57-48, 43-21-205 AND 91-7-283, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REPEAL SECTIONS 9-5-133, 9-7-123, 9-7-125, 9-7-126, 25-3-19, 25-3-21, 25-3-23 AND 25-7-15, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE APPOINTMENT OF DEPUTY CHANCERY AND DEPUTY CIRCUIT CLERKS, PROVIDE FOR ALLOWANCES TO CIRCUIT CLERKS FOR DEPUTIES AND PROVIDE FOR CERTAIN ADDITIONAL COMPENSATION FOR CHANCERY AND CIRCUIT CLERKS; TO BRING FORWARD SECTION 25-3-33, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE SALARIES OF APPOINTED STATE AND DISTRICT OFFICIALS; AND FOR RELATED PURPOSES.  

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

SECTION 1. The salaries of chancery clerks of the various counties are the full compensation for their services. The annual salary of each chancery clerk shall be fixed by the board of supervisors of the county, not to exceed Seventy-five Thousand Six Hundred Dollars ($75,600.00).

The salary of the chancery clerk shall be payable monthly on the first day of each calendar month by 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 salary shall be paid semimonthly on the first and fifteenth day of each month. If a pay date falls on a weekend or legal holiday, the salary payment shall be made on the workday immediately preceding the weekend or legal holiday.

SECTION 2. Each chancery clerk shall appoint a sufficient number of deputies, who shall take the oath of office, to assist him in carrying out the duties of his office and shall fix their compensation, subject to the budget for the chancery clerk's office approved by the county board of supervisors. No deputy shall receive a salary which exceeds the salary of the chancery clerk. The deputies shall have the power to do and perform all acts and duties which the chancery clerk may lawfully do. Deputies shall be employees of the county.

SECTION 3. (1) At the July meeting of the board of supervisors, the chancery clerk shall submit a budget of estimated expenses of his office for the ensuing fiscal year beginning October 1 in such form as prescribed by the Director of the State Department of Audit. The board shall examine this proposed budget and determine the amount to be expended by the chancery clerk in the performance of his duties for the fiscal year and may increase or reduce that amount as it deems necessary and proper.

The budget shall include amounts for compensating the chancery clerk, his deputies and other employees of the chancery clerk's office; for travel and transportation expenses of the chancery clerk and his deputies; and for such other expenses as may be incurred in the performance of the duties of the office of chancery clerk.

(2) Upon recommendation of the chancery clerk, the board of supervisors may revise the chancery clerk's budget at any regular meeting of the board and may make supplemental appropriations to the chancery clerk's office.

SECTION 4. (1) The board of supervisors, at its first meeting of each quarter beginning on October 1, January 1, April 1 and July 1, shall appropriate a lump sum to the chancery clerk for the expenses of his office during the current quarter. The quarterly appropriation shall be one-fourth (1/4) of the amount approved in the annual budget unless the chancery clerk requests a different amount. Except in case of emergency as provided in the county budget law, the appropriation for the quarter beginning in October of the last year of the chancery clerk's term shall not exceed one-fourth (1/4) of the annual budget.

(2) The chancery clerk shall file a report of all expenditures of his office incurred during the preceding month with the board of supervisors at its regular monthly meeting in a form prescribed by the Director of the State Department of Audit. All funds appropriated to the chancery clerk shall be deposited in a bank qualifying as a county depository, and the chancery clerk's books of account shall be subject to examination by the State Auditor. Any appropriated funds which are unexpended at the end of the fiscal year shall be remitted within thirty (30) days following the close of the fiscal year to the board of supervisors for deposit in the county general fund.

SECTION 5. (1) All fees authorized by law to be paid to the chancery clerk shall be collected by him under the provisions of such statutes and shall be deposited by him into the county general fund, unless otherwise specifically provided.

(2) The chancery clerk shall make itemized records of all fees collected by his office, together with dates of collection and dates of depositing the fees into the county general fund. Such records shall be filed with the board of supervisors at the same time as the record of expenditures required by subsection (2) of Section 4 of this act.

SECTION 6. The salaries of circuit clerks of the various counties are the full compensation for their services. The annual salary of each circuit clerk shall be fixed by the board of supervisors of the county, not to exceed Seventy-five Thousand Six Hundred Dollars ($75,600.00).

The salary of the circuit clerk shall be payable monthly on the first day of each calendar month by 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 salary shall be paid semimonthly on the first and fifteenth day of each month. If a pay date falls on a weekend or legal holiday, the salary payment shall be made on the workday immediately preceding the weekend or legal holiday.

SECTION 7. Each circuit clerk shall appoint a sufficient number of deputies, who shall take the oath of office, to assist him in carrying out the duties of his office and shall fix their compensation, subject to the budget for the circuit clerk's office approved by the county board of supervisors. No deputy shall receive a salary which exceeds the salary of the circuit clerk. The deputies shall have the power to do and perform all acts and duties which the circuit clerk may lawfully do. Deputies shall be employees of the county.

SECTION 8. (1) At the July meeting of the board of supervisors, the circuit clerk shall submit a budget of estimated expenses of his office for the ensuing fiscal year beginning October 1 in such form as prescribed by the Director of the State Department of Audit. The board shall examine this proposed budget and determine the amount to be expended by the circuit clerk in the performance of his duties for the fiscal year and may increase or reduce that amount as it deems necessary and proper.

The budget shall include amounts for compensating the circuit clerk, his deputies and other employees of the circuit clerk's office; and for travel and transportation expenses of the circuit clerk and his deputies; and for such other expenses as may be incurred in the performance of the duties of the office of circuit clerk.

(2) Upon recommendation of the circuit clerk, the board of supervisors may revise the circuit clerk's budget at any regular meeting of the board and may make supplemental appropriations to the circuit clerk's office.

SECTION 9. (1) The board of supervisors, at its first meeting of each quarter beginning on October 1, January 1, April 1 and July 1, shall appropriate a lump sum to the circuit clerk for the expenses of his office during the current quarter. The quarterly appropriation shall be one-fourth (1/4) of the amount approved in the annual budget unless the circuit clerk requests a different amount. Except in case of emergency as provided in the county budget law, the appropriation for the quarter beginning in October of the last year of the circuit clerk's term shall not exceed one-fourth (1/4) of the annual budget.

(2) The circuit clerk shall file a report of all expenditures of his office incurred during the preceding month with the board of supervisors at its regular monthly meeting in a form prescribed by the Director of the State Department of Audit. All funds appropriated to the circuit clerk shall be deposited in a bank qualifying as a county depository, and the circuit clerk's books of account shall be subject to examination by the State Auditor. Any appropriated funds which are unexpended at the end of the fiscal year shall be remitted within thirty (30) days following the close of the fiscal year to the board of supervisors for deposit in the county general fund.

SECTION 10. (1) All fees authorized by law to be paid to the circuit clerk shall be collected by him under the provisions of such statutes and shall be deposited by him into the county general fund, unless otherwise specifically provided.

(2) The circuit clerk shall make itemized records of all fees collected by his office, together with dates of collection and dates of depositing the fees into the county general fund. Such records shall be filed with the board of supervisors at the same time as the record of expenditures required by subsection (2) of Section 9 of this act.

SECTION 11. Section 9-1-43, Mississippi Code of 1972, is amended as follows:

[Until the date Laws, 1997, ch. 570, Section 9 is effectuated under Section 5 of the Voting Rights Act of 1965, this section will read as follows:]

9-1-43. * * * (1) 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.

(2) 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 deposited into the county general fund: (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 * * * shall be * * * accounted for separately by the chancery clerk from those monies paid into the chancery court clerk clearing account.

(3) 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; (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; (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 deposited into the county general fund: (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.

(4) 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.

(5) 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.

[From and after the date Laws, 1997, ch. 570, Section 9, is effectuated under Section 5 of the Voting Rights Act of 1965, this section will read as follows:]

9-1-43. * * * (1) 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.

(2) 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 deposited into the county general fund: (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 * * * shall be * * * accounted for separately by the chancery clerk from those monies paid into the chancery court clerk clearing account.

(3) 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; (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; (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 deposited into the county general fund: (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.

(4) 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.

(5) 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 12. Section 19-15-7, Mississippi Code of 1972, is amended as follows:

19-15-7. The board of supervisors of any county may, when in its opinion the interest of the county would be served thereby, have made a complete index of all chancery court causes and probate court causes which have been finally disposed of in the courts of the county. The board may provide for the proper storage and preservation of the original papers in all cases which have been finally disposed of in the chancery court or the probate court of the county. Such general index shall be prepared by the chancery clerk, and the necessary filing system shall be installed under his direction. * * *

SECTION 13. 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) Recording deeds, wills, leases, amendments, subordinations, liens, releases, cancellations, orders, decrees, oaths, etc., including indexing 6.00

Sectional index entries per section or subdivision 1.00

(c) Recording deeds of trust 10.00

Sectional index entries per section or subdivision 1.00

(d) (i) Recording oil and gas leases, etc., including indexing in general indices 12.00

Sectional index entries per section or subdivision 1.00

(ii) Recording oil and gas cancellations, assignments, etc., including indexing in general indices:

First page 5.00

Each additional page 2.00

Abstracting each section or subdivision 1.00

Sectional index entries per section or subdivision 6.00

(e) 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 .50

If performed by any other person, per page .25

 * * *

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 said fees may be demanded before the document is recorded.

(2) In accordance with Uniform Chancery Court Rule 9.01 as approved by Order of the Mississippi Supreme Court, 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

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 person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.

SECTION 14. 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 $75.00

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 filing. The clerk or his successor in office shall perform all duties set forth above without additional compensation or fee.

(b) Docketing and filing each 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 15.00

(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) For the act of 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 .50

If performed by any other person, per page 25

(g) Judgment roll entry 3.00

(h) Taxing cost and certificate 1.00

(i) For taking and recording application for marriage license, for filing and recording consent of parents when required by law, for filing and recording medical certificate, filing and recording proof of age, recording and issuing license, recording and filing returns 20.00

The clerk shall deposit Fourteen Dollars ($14.00) of each fee collected for a marriage license in the Victims of Domestic Violence Fund established in Section 93-21-117, on a monthly basis.

(j) For certified copy of marriage license and search of record, the same fee charged by the Bureau of Vital Statistics of the State Board of Health.

 * * *

(3) 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.

(4) 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 15. Section 27-31-85, Mississippi Code of 1972, is amended as follows:

27-31-85. From the taxes levied and collected under and by virtue of Sections 27-31-75 and 27-31-77 to 27-31-83 inclusive, the chancery clerk * * * shall pay, into the proper depository to the credit of the county, one-half of the collections to the common county fund and one-half to the county school fund. Such deposit shall be made on or before the 15th day of the month next succeeding that in which such collection may be made. * * *

SECTION 16. Section 27-33-37, Mississippi Code of 1972, is amended as follows:

27-33-37. The board of supervisors shall perform the duties imposed by this article on the members, the president, and the board as a unit, with the powers and authority granted and as necessary for the proper administration of the article, and specifically as set out in this section.

(a) At each regular monthly meeting the president of the board shall require of and receive from the clerk of the board all applications for homestead exemption having come into his hands as provided in Section 27-33-35 of this article.

(b) As soon as practicable after convening, at each regular monthly meeting, the board, in the light of public records, personal knowledge, information given by the assessor, and any other reliable source of information that may be available, shall examine each application which has been delivered to the clerk by the tax assessor, and pass upon its correctness and the eligibility of the property and of the person, under the law, as fully as may be done before final approval, after the land roll has been finally approved of minute record; and the board shall carefully consider and construe the relationship between buyers and sellers of property on which homestead exemption is sought, and the terms, conditions, rate of interest, payments made and to be made, of all conveyances doubtful in such respect. One (1) member of the board shall check each application prior to the time for final approval, and shall indicate if it should be approved, disapproved, or if it requires further investigation.

(c) If any application be found incorrect or incomplete in any particular required by law, or deficient in any respect, the board shall give notice immediately to the applicant, in writing, by mail, advising the applicant of the defect and the nature thereof, so that the applicant may correct same, if it can be corrected, before the time for final action by the board.

(d) The year in which the land roll is made, at the meeting of the board of supervisors at which the certificate of the commission finally approving the land assessment roll is received and entered in its minutes, and at the September meeting the board of supervisors shall complete the consideration of each and every application for homestead exemption; and all applications, or claims, not clearly within the provisions and requirements of this article shall be disallowed by the board. Where it appears to the board, in a case or cases involving transactions completed after July 1, 1938, that conveyances have been made without bona fide consideration, and liens taken with questionable consideration or values, or where the payments on the principal have not been made as required, or there is evidence of any kind that the transactions were not bona fide in every particular, and were entered into for the purpose of obtaining a homestead exemption contrary to the letter and spirit of law, the application shall be disallowed.

(e) Each application shall be plainly endorsed "allowed" or "disallowed" as the case may be, over the date, and the signature of the president of the board, who may use a facsimile stamp for the purposes; and, in the space provided on the application for that purpose, there shall be entered for each assessment, (1) the page and line number of the assessment on the land roll, (2) the total number of acres, (3) the total assessed value of the land, (4) the assessed value of the buildings, (5) the total assessed value of the exempted land and buildings, (6) the assessed value of the land and buildings not exempted, (7) the name of the road district, if any, in which the property lies, and (8) the name of the school district in which the property lies.

(f) All applicants, whose applications are finally disallowed by the board, shall be given notice immediately by the board, in writing, by mail. Petitions and objections by applicants for correction or amendment shall be heard by the board at the next regular meeting of the board after notice that the application was finally disallowed.

(g) It shall not be necessary that an order be entered on the minutes of the board which allows or disallows an application as provided by paragraph (f) hereof, unless there be a division among the board members, then an order shall be entered on the minutes recording the aye and nay vote.

(h) The board of supervisors shall have, and is hereby given, the power and authority to summon and examine witnesses under oath, to examine records, and to do any and all other things necessary and proper to ascertain the facts with respect to any application, or claim, for homestead exemption presented to it. The board shall disallow any application for homestead exemption when it is found that the person or the property was ineligible, after the supplemental roll is approved and within one (1) year after that in which the application was executed; and it shall correct, likewise, any and all errors found in the supplemental roll. When an application is disallowed by the board after the supplemental roll has been approved, it shall give notice and proceed as in the case of a rejection by the commission. A certified copy of the order finally disallowing an application, and making a correction in the supplemental roll must be adopted before the last Monday of August and shall be received by the commission no later than September 15 of the year following the year in which the supplemental roll was made.

(i) At the first regular or special meeting of the board of supervisors held after the supplemental roll, required by Section 27-33-35 * * *, has been made, it shall examine the said roll, and if found correct shall enter in the minutes an order approving the same; and the applications disallowed shall be listed in the minutes by name and amount, with the reason for disallowance. A copy of the order shall be attached to the supplemental roll and sent to the commission.

(j) All applicants whose applications are rejected for reimbursement of tax loss by the commission, after having been allowed by the board, shall be given notice immediately by the board, in writing, by mail, with the reasons for the rejection by the commission, and the applicants shall have thirty (30) days in which to file objections thereto, which objections shall be heard by the board at the same or the next regular meeting after objections are filed by the applicant. If the board finds that in its opinion the application should be allowed, it shall continue the matter in its record, and present its objection to the rejection, with evidence in support of same, to the commission. All applications finally rejected by the commission shall be disallowed by the board, and entered of minute record.

(k) When the board shall receive notice from the commission that an application for homestead exemption has been rejected by the commission for reimbursement of tax loss, the board shall proceed in the manner prescribed in paragraph (j) hereof. Upon the hearing of objections of the applicant, if the board finds that the application should be disallowed, it shall so order and notify the commission that its rejection has been "accepted." If the board is of the opinion that the application should be allowed, it shall notify the commission that it objects to the rejection of the application, and shall submit, in writing, its reasons for the "objection." All such matters between the board and the commission may be concluded by correspondence, or by personal appearance of the board, or one or more of its members, the clerk, or the assessor, or by a representative of the commission present at any meeting of the board. The decision of the commission rejecting an application for reimbursement of the tax loss shall be final, and the board shall disallow the application and proceed as hereinafter provided.

(l) It shall be the duty of the board, and it is hereby given the power to order the tax collector, by an order entered on its minutes, to reassess, and list as subject to all taxes, the property described in an application for homestead exemption and as entered on the regular land assessment roll, under the following circumstances:

(i) When an application for homestead exemption is finally rejected by the commission for reimbursement of tax loss which has been regularly approved by the board and entered on the supplemental roll; or

(ii) Where an application has been wrongfully allowed by the board.

When any property has been reassessed as herein provided, all additional taxes due as a result of such reassessment shall become due and be payable on or before the first day of February of the year following that in which notice to make the reassessment is issued; and if not paid, the tax collector shall proceed to sell the property for the additional taxes in the same manner and at the same time other property is sold for the current year's taxes, or he may collect the taxes by all methods by which other taxes on real estate may be collected. Provided, no penalty or interest shall be applied for any period prior to February 1 of the year following that in which the reassessment is made, and provided further, that such reassessment shall not take effect or become a lien on the property of bona fide purchasers or encumbrancers for value without notice thereof, unless there shall have been filed prior to their attaining such status a notice of rejection in the chancery clerk's office in the county in which the property is located, which notice shall be recorded and indexed as are deeds; but the applicant shall in all cases remain personally liable for such reassessment.

(m) The board of supervisors may require the clerk of the board to collect and assemble data and information and to perform the services required of the board by paragraph (e) of this section and to make investigations required in connection with the duties of the board in determining the eligibility of homestead exemptions and to perform all other ministerial duties required of the board in connection with administering the Homestead Exemption Law * * * as directed by the board. * * * The board shall require the assessor to correctly describe all lands included in any applications for homestead exemption, and to assess all such lands on the land assessment roll, separately from other lands, as required by this article; and to present to the board all proper and necessary notices for the correction of land descriptions on the roll, changes in ownership, and for increases and decreases in the assessments of exempt homes.

SECTION 17. Section 27-105-343, Mississippi Code of 1972, is amended as follows:

27-105-343.  * * * All the duties except the duty of receiving and disbursing money that were imposed by law on county treasurers shall be required to be done by chancery clerks, and they shall be the custodians of all the books, records, papers, and vouchers heretofore belonging to county treasurers, and shall be custodians of all the promissory notes, bonds, and other like property belonging to or deposited with the county, and the clerks shall in all respects be liable on their official bonds for the proper care of the same.

The duty of receipting for and disbursing all moneys heretofore deposited with county treasurers shall be done and performed by the designated county and drainage district depositories appointed in the manner provided by law; and any person or corporation required to pay money into a county treasury shall hereafter pay the same to a properly designated depository and such depository shall issue receipts therefor in duplicate, one of which shall be filed with the chancery clerk and the other retained by the person or corporation making such payment, and such payment when made to a designated depository shall discharge the person or corporation making such payment from any further liability therefor.

In the event there shall be no designated depository for any money required to be paid into a county treasury, such payment shall be made to the tax collector who shall receipt for same in duplicate as required in the preceding paragraph and shall pay the same over to a legally appointed depository within ten (10) days after one is qualified to receive the same. The tax collector shall be the custodian of all money belonging to a county or any subdivision thereof until there be appointed a depository for any such funds and the said tax collectors shall be liable on their official bond for the proper accounting and payment of any funds so paid to them.

 * * *

Nothing in this section shall preclude drainage districts from selecting their treasurer or depository as now provided by law.

SECTION 18. Section 29-1-123, Mississippi Code of 1972, is amended as follows:

29-1-123. Immediately after March 26, 1936, it shall be the duty of the Secretary of State to prepare or cause to be prepared accurate and complete lists of all lands in each county which have been forfeited to the state for the nonpayment of taxes, the title to which has matured in the state. Such lists shall be prepared for each county separately and embrace and include all lands heretofore sold to the state for delinquent taxes in such county and now held or claimed by the state; and such lists shall be made up in the regular order of townships, ranges, and sections as now appearing on the records of his office. Such lists shall show the date of the tax sale to the state, the amount of taxes, damages, costs, and special assessments of every kind whatsoever for which such lands were sold. No lands heretofore stricken by the Secretary of State, with the approval of the Attorney General, from the lists of lands sold to the state for delinquent taxes in his office under the provisions of Section 29-1-31 shall be included in the lists of lands to be compiled under the provisions of this section.

Such lists, when completed, shall be examined by the Attorney General; and the Secretary of State, with the approval of the Attorney General, shall strike from such lists and from the land book or books in his office all lands which, by reason of insufficient description or other cause, in the opinion of the Attorney General are not the property of the state. The title to the state to such lands as may be thus stricken off shall be thereby relinquished. When such lists shall have been completed, they shall be duly recorded by the Secretary of State in a record book provided by him for that purpose in his office, the lists of such lands for each county to be recorded in a separate book, and the Secretary of State shall certify to the correctness of such lists as thus recorded.

The Secretary of State, after recording in his office such lists of lands sold to the state for delinquent taxes and held or claimed by the state, shall prepare and mail to the chancery clerk of the county in which such lands are situated a certified copy of such lists under the seal of the land office, and the chancery clerk shall record the same in a separate record book in his office provided for that purpose. In counties having two judicial districts, such lists shall be recorded in the office of the chancery clerk of each such judicial district. * * *

SECTION 19. Section 41-57-48, Mississippi Code of 1972, is amended 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. * * *

SECTION 20. Section 43-21-205, Mississippi Code of 1972, is amended as follows:

43-21-205. In proceedings under this chapter, no court costs shall be charged against any party to a petition, and no salaried officer of the state, county or any municipality, nor any youth court counselor, circuit or chancery clerk, nor any witness nor any expert witness shall be entitled to receive any fee for any service rendered to the youth court or for attendance in the youth court in any proceedings under this chapter. * * * No clerk shall be allowed compensation for attendance in youth court.

SECTION 21. Section 91-7-283, Mississippi Code of 1972, is amended as follows:

91-7-283. Unless the court or chancellor has, by order entered on the minutes, designated another annual term for that purpose, it shall be the duty of the clerk at the first term of the chancery court of his county in each year to make up a complete and impartial list of all executors and administrators and guardians who have failed to present and settle their accounts within the year preceding. In each and every such case, the clerk shall enter the same on the motion docket and thereby move the court for an order on the defaulter; and the court shall, in each and every such case, order a citation to be issued for the defaulter and for the surety or sureties on his bond, returnable forthwith or at the next term of court. On the return thereof, unless sufficient cause be shown for such failure and that the same was not the result of negligence or contumacy, the court shall proceed against the delinquent executor, administrator, or guardian for a contempt, and may also remove him from office. If there is no such defaulter, the clerk shall so report and obtain an order reciting his said report to that effect, which order shall be entered on the minutes of the term. If there is any defaulter and the clerk shall fail to fully prepare the list and to enter the motions herein required, * * * the clerk shall be liable on his bond at the suit of any party in interest who has been damaged in any case by the * * * failure of the clerk.

SECTION 22. Sections 9-5-133, 9-7-123, 9-7-125, 9-7-126, 25-3-19, 25-3-21, 25-3-23 and 25-7-15, Mississippi Code of 1972, which provide for the appointment of deputy chancery clerks and deputy circuit clerks, provide for allowances to circuit clerks for deputies, and provide for certain additional compensation for chancery and circuit clerks, are repealed.

 

SECTION 23. Section 25-3-33, Mississippi Code of 1972, is brought forward as follows:

25-3-33. The annual salaries of the following appointive state and district officials and employees are fixed as follows:

Deputy Attorney General, not to exceed $72,800.00

Assistant Attorneys General shall each

receive annual salaries in an amount

to be fixed by the Attorney General

but not to exceed 68,400.00

Military Department--National Guard:

Adjutant General 80,000.00

Department of Banking and Consumer Finance:

Commissioner 85,000.00

Chairman of the State Tax Commission

(Commissioner of Revenue) 91,000.00

Associate Commissioners, each 42,000.00

Director of Emergency Management Agency 65,000.00

Department of Public Safety:

Commissioner of Public Safety 80,000.00

Director, Office of Mississippi

Highway Safety Patrol, or his successor 70,000.00

Director, Office of Support Services,

or his successor 70,000.00

Department of Human Services:

Director, not to exceed 85,000.00

Workers' Compensation Commission:

Chairman 80,000.00

Members, each 78,000.00

Executive Director 75,000.00

Administrative Judge, each 75,000.00

Archives and History:

Director, not to exceed 70,000.00

State Forester 70,000.00

State Oil and Gas Board:

Secretary-Supervisor 70,000.00

Educational Television Authority:

Executive Director 70,000.00

Director, Mississippi Library Commission,

not to exceed 70,000.00

Executive Secretary, Public Service

Commission 65,000.00

Parole Board:

Chairman 50,000.00

Administrative Assistant for

Parole Matters 42,000.00

Members, each 44,000.00

Governor's State Bond Advisory Division:

Director 55,000.00

Employment Security Commission:

Executive Director, not to exceed 70,000.00

Executive Director, Department of

Mental Health, to be determined by the

State Board of Mental Health, not to

exceed 85,000.00

Director, Division of Medicaid,

not to exceed 85,000.00

Director, State Department of Transportation,

not to exceed 85,000.00

State Entomologist 65,000.00

Clerk of the Supreme Court 60,000.00

State Aid Engineer, Division of State

Aid Road Construction 70,000.00

Executive Director, Judicial Performance

Commission 65,000.00

Executive Director, Department of Finance

and Administration 85,000.00

Superintendent, Mississippi School for the

Blind, to be determined by the State Board

of Education, not to exceed 65,000.00

Superintendent, Mississippi School for the Deaf,

to be determined by the State Board

of Education, not to exceed 65,000.00

Executive Director, State Fair Commission 65,000.00

Executive Director, Department of Wildlife,

Fisheries and Parks 80,000.00

Executive Director, Department of Environmental

Quality 85,000.00

Executive Director, Pat Harrison Waterway

District 65,000.00

Executive Director, Pearl River Basin

Development District 61,000.00

Executive Director, Pearl River Valley Water

Supply District 61,000.00

Executive Director, Tombigbee River Valley

Water Management District 61,000.00

Director, Soil and Water Conservation

Commission 60,000.00

Commissioner, Mississippi Department of

Corrections 85,000.00

Executive Director, Mississippi Department of

Information Technology Services 85,000.00

Executive Director, Mississippi Industries

for the Blind 60,000.00

Director, Mississippi Bureau of Narcotics 60,000.00

Executive Secretary, State Veterans Affairs

Board 55,000.00

Executive Officer, Veterans' Home Purchase

Board 65,000.00

Chief Administrative Officer, Motor Vehicle

Commission 55,000.00

Stadium Manager, Mississippi Veterans

Memorial Stadium 55,000.00

Executive Director, Mississippi Arts

Commission 55,000.00

Director, Mississippi Board of Nursing 60,000.00

Director, State Board of Pharmacy 60,000.00

Director, State Board of Public Contractors 50,000.00

Director, Real Estate Commission 55,000.00

Director of Support Services, Department

of Rehabilitation Services 80,000.00

Executive Director, Department of

Economic and Community Development 85,000.00

Executive Director, State Fire Academy 55,000.00

Executive Director, Law Enforcement

Officers Training Academy 50,000.00

Executive Director, State Board of

Accountancy 60,000.00

Executive Director, Mississippi

Gaming Commission 90,000.00

Executive Director, Mississippi

Department of Marine Resources 70,000.00

Executive Director, State Board of

Registration for Professional

Engineers and Land Surveyors 55,000.00

Executive Director, Public Utilities

Staff 85,000.00

State Law Librarian 60,000.00

State Personnel Director 75,000.00

Manager, Farmers Central Market,

Department of Agriculture and

Commerce 40,000.00

State Veterinarian 70,000.00

Executive Director, Mississippi Ethics

Commission 70,000.00

SECTION 24. The Attorney General of the State of Mississippi is hereby directed to submit Sections 1 through 22 of this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 25. Sections 1 through 22 of this act shall take effect and be in force from and after January 1, 2000, if they are effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended. If Sections 1 through 22 of this act are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after January 1, 2000, such sections shall take effect and be in force from and after the date they are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended. Section 23 of this act shall take effect and be in force from and after July 1, 1998.