Senate Bill 2061

AN ACT TO AMEND SECTION 9-1-45, MISSISSIPPI CODE OF 1972, TO REQUIRE CONSTABLES TO FILE CERTAIN ANNUAL REPORTS WITH THE STATE AUDITOR; TO REPEAL SECTIONS 7-3-45 AND 7-3-47, MISSISSIPPI CODE OF 1972, WHICH REQUIRE CERTAIN ANNUAL REPORTS TO BE FILED BY CONSTABLES WITH THE SECRETARY OF STATE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-1-45, Mississippi Code of 1972, is amended as follows:

9-1-45. Each chancery and circuit clerk and constable shall file, not later than April 15 of each year, with the State Auditor of Public Accounts a true and accurate annual report on a form to be designed and supplied to each clerk by the State Auditor of Public Accounts immediately after January 1 of each year. The form shall include the following information: (a) all fees received by constables; (b) revenues subject to the salary cap, including fees; (c) revenues not subject to the salary cap; and (d) expenses of office, including any salary paid to a clerk's spouse or children. Each chancery and circuit clerk and constable shall provide any additional information requested by the Public Employees' Retirement System for the purpose of retirement calculations.

In any county having two (2) judicial districts, a separate report may be filed by the chancery clerk and circuit clerk for each judicial district. Whenever the chancery clerk serves as deputy to the circuit clerk in one (1) judicial district and the circuit clerk serves as deputy to the chancery clerk in the other judicial district, each clerk may file, for the judicial district in which he serves, one (1) report for the revenues and expenses of his office in his capacity as chancery or circuit clerk and a separate report for reporting the revenues collected and expenses incurred in his capacity as deputy circuit or deputy chancery clerk.

SECTION 2. Sections 7-3-45 and 7-3-47, Mississippi Code of 1972, which require certain annual reports to be filed by constables with the Secretary of State, are hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage.