House Bill 733

(As Passed the House)

AN ACT TO AMEND SECTIONS 7-3-45 AND 7-3-47, MISSISSIPPI CODE OF 1972, TO REQUIRE DULY ELECTED CONSTABLES TO FILE ANNUAL COMPENSATION REPORTS WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 7-3-45, Mississippi Code of 1972, is amended as follows:

7-3-45. Each and every constable being compensated, in whole or in part, on a fee basis and who is a member of the Public Employees' Retirement System shall file not later than April 15 of each year, with the * * *~~Secretary of State~~ Public Employees' Retirement System, a true and accurate annual report on a form to be designed and supplied to each by the State Auditor * * *~~of Public Accounts~~ immediately after January 1 of each year, said form to include at least information showing gross receipts from all sources accruing as compensation to his office and disbursements occurring as necessary expenses involved solely in complying with laws governing the office. * * *~~Said~~ The report shall be * * *~~in triplicate, and each copy shall~~ sworn to and signed, and shall also be submitted to the Board of Supervisors to be spread upon the minutes of the board of supervisors of the respective counties from which the report is made. Each such constable, upon resigning or leaving office otherwise before the expiration of term of office, shall submit a supplemental report as above, covering the final period of his term not included in a previous report.

Any person who shall knowingly and willfully fail to file the report as required by this section, or who shall, although filing such report, knowingly and willfully fail to disclose information required by this section, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00).

SECTION 2. Section 7-3-47, Mississippi Code of 1972, is amended as follows:

7-3-47. (1) * * * The Office of State Auditor 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 * * *. The State Auditor 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~~ Board of Supervisors by May 1 of the following year.

SECTION 3. The Attorney General of the State of Mississippi shall submit 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 4. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.