MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Revenue and Expenditure General Bills
By: Representative Holland
AN ACT TO AMEND SECTION 9-9-11, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF COUNTY COURT JUDGES; TO AMEND SECTIONS 23-15-153 AND 23-15-239, MISSISSIPPI CODE OF 1972, TO INCREASE THE PER DIEM THAT COMMISSIONERS OF ELECTION RECEIVE; TO AMEND SECTION 25-3-3, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF TAX ASSESSORS AND TAX COLLECTORS; TO AMEND SECTION 25-3-9, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF COUNTY PROSECUTING ATTORNEYS; TO AMEND SECTION 25-3-13, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF THE BOARDS OF SUPERVISORS; TO AMEND SECTION 25-3-25, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF SHERIFFS; TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF DISTRICT ATTORNEYS; TO AMEND SECTION 25-3-36, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF JUSTICE COURT JUDGES; TO AMEND SECTION 9-19-13, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISION; TO AMEND SECTION 25-7-37, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEES CHARGED BY COUNTY SURVEYORS; TO AMEND SECTION 37-6-13, MISSISSIPPI CODE OF 1972, TO INCREASE THE PER DIEM FOR COUNTY SCHOOL BOARD MEMBERS; TO AMEND SECTION 41-61-59, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF COUNTY MEDICAL EXAMINERS; TO BRING FORWARD SECTIONS 19-3-49, 19-5-171, 25-3-41, 25-3-69, 25-7-27 AND 25-31-33, 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 9-9-11, Mississippi Code of 1972, is amended as follows:
9-9-11. (1) Except as
otherwise provided in subsections (2), (3) and (4), the county court judge
shall receive an annual salary payable monthly out of the county treasury in an
amount not to exceed * * * Nine Hundred Fifty Dollars ($950.00)
less than the salary which is now or shall hereafter be provided for circuit
and chancery judges of this state, in the discretion of the board of
supervisors of said county; provided, however, that the salary of such judge
shall not be reduced during his term of office. Provided further, that the
office of county court judge in any county receiving an annual salary of Thirty-six
Thousand Dollars ($36,000.00) or more shall be a full-time position, and the
holder thereof shall not otherwise engage in the practice of law.
(2) If a county court is
established by agreement between two (2) or more counties as provided in
Section 9-9-3, the county judge of the court so established shall be paid a
salary equal to one and one-half (1-1/2) times that salary that he would be
paid if he were the judge of the smallest of such two (2) or more counties,
such salary to be paid in monthly installments as provided by law; provided
that such salary shall not exceed * * * Nine
Hundred Fifty Dollars ($950.00) less than the salary of the circuit and
chancery judges of this state.
(3) The county court judge shall receive an annual salary payable monthly out of the county treasury as follows:
(a) In any county
having a population of seventy thousand (70,000) or more according to the 1980
federal census, the county judge shall receive an annual salary of * * * Nine
Hundred Fifty Dollars ($950.00) less than that paid to a circuit court
judge. The office of county judge shall be a full-time position, and the holder
thereof shall not otherwise engage in the practice of law.
(b) In any county
having a population of sixty thousand (60,000) or more but less than seventy
thousand (70,000) according to the 1980 federal census, the county judge shall
receive an annual salary of * * * Forty-two
Thousand Dollars ($42,000.00). The office of county judge shall be a full-time
position, and the holder thereof shall not otherwise engage in the practice of
law. The county judge shall not be eligible for any additional salary except
as may be authorized in subsection (4).
(c) In any county
having a population of twenty-seven thousand (27,000) or more but less than
sixty thousand (60,000) according to the 1980 federal census, the county judge
shall receive an annual salary of not less than * * * Twelve
Thousand Six Hundred Dollars ($12,600.00) but not more than * * * Forty-two
Thousand Dollars ($42,000.00), in the discretion of the board of
supervisors of said county. The county judge shall not be eligible for any
additional salary except as may be authorized in subsection (4). In the event
that the board of supervisors of said county elects to pay such county judge an
annual salary of Thirty Thousand Dollars ($30,000.00) or more, the office of
county judge shall be a full-time position, and the holder thereof shall not
otherwise engage in the practice of law.
(d) In any county
having a population of less than twenty-seven thousand (27,000) according to
the 1980 federal census, the county judge shall receive an annual salary of not
less than * * * Four Thousand Four
Hundred Ten Dollars ($4,410.00) and not more than * * *
Eight Thousand Nine Hundred Twenty-five Dollars ($8,925.00), in the
discretion of the board of supervisors of said county. The county judge shall
not be eligible for any additional salary except as may be authorized in
subsection (4).
(4) The county judge of any county described in this subsection shall be paid the compensation, and he shall be subject to any restrictions set forth in the following paragraphs:
(a) The county judge
of any such Class 1 county with a population according to the latest federal
decennial census of forty-five thousand (45,000) or more and lying wholly
within a levee district and having two (2) judicial districts shall * * * receive an annual salary not exceeding * * * Forty-two
Thousand Dollars ($42,000.00), or a sum which is * * * Nine Hundred
Fifty Dollars ($950.00) less than the salary which is now or shall
hereafter be provided for circuit and chancery judges of the state, whichever
is greater.
(b) The county judge
of any Class 1 county having an area in excess of nine hundred twenty-five
(925) square miles shall receive an annual salary of not less than * * *
Thirty-one
Thousand Five Hundred Dollars ($31,500.00) but, in the discretion of the
board of supervisors of such county, such salary may be not more than * * *
Four
Hundred Seventy-five Dollars ($475.00) less than the annual salary of a
circuit judge, payable monthly out of the county treasury, and the county judge
shall not practice law.
(c) The office of county judge in any such Class 1 county with a population according to the 1970 federal decennial census of greater than thirty-nine thousand (39,000), and where U.S. Highway 61 and Mississippi Highway 6 intersect, shall receive an annual salary to be paid in monthly installments of not less than an amount equal to ninety percent (90%) of the annual salary which is now or shall hereafter be provided for circuit and chancery judges of the state, as follows: The salary of the county judge shall be increased by ten percent (10%) annually above the base salary of the preceding year until such time as the judge's salary is equal to the amount that is provided by this subsection. The office of county judge shall be a full-time position and the holder thereof shall not otherwise engage in the practice of law.
(d) In any Class 1
county bordering on the Mississippi River and which has situated therein a
national military park and national military cemetery, the office of county
judge shall be a full-time position and the holder thereof shall not otherwise
engage in the practice of law. The salary for the county judge in said county
shall be fixed at a sum which is * * * Nine
Hundred Fifty Dollars ($950.00) less than the salary which is now or shall
hereafter be provided for circuit and chancery judges of this state.
(e) The county judge
in any county having a population of at least forty-two thousand one hundred
eleven (42,111), according to the 1970 census, and where U.S. Highway 49E and
U.S. Highway 82 intersect, shall receive an annual salary to be paid in monthly
installments of not less than * * * Thirty-one
Thousand Five Hundred Dollars ($31,500.00) but not more than * * * Two
Thousand Three Hundred Seventy-five Dollars ($2,375.00) less than the
annual salary of the circuit judge, in the discretion of the board of
supervisors of said county.
(f) The county judge
in any Class 1 county bordering on the Mississippi River and having an area of
less than four hundred fifty (450) square miles wherein U.S. Highways 84 and 61
intersect shall receive an annual salary of * * * Three
Thousand Eight Hundred Dollars ($3,800.00) less than the annual salary of a
circuit judge, and such county judge shall not practice law in any manner. The
county judge in such county shall not be eligible to receive any additional
salary authorized by this section or from any other source other than that set
out and authorized by this paragraph.
(g) The county judge
of any Class 1 county bordering on the Mississippi River on the west and the
State of Tennessee on the north, and traversed north to south by Interstate
Highway 55, shall receive an annual salary of * * * ninety-five percent
(95%) of the salary which is now or shall hereafter be provided for
chancery and circuit judges of this state, but in any event not less than * * *
Sixty-three Thousand Two Hundred Ten Dollars
($63,210.00).
(h) The county judge
of any Class 1 county with a population of greater than sixty-nine thousand
(69,000) according to the 1980 federal decennial census, and wherein U.S.
Highway 80 and Mississippi Highway 43 intersect, shall receive an annual salary
in an amount not greater than the sum of * * * Four Hundred
Seventy-five Dollars ($475.00) less than the salary which is now or shall
hereafter be provided for circuit and chancery judges of this state * * *.
(i) The county judge
of any county having a population in excess of sixty-six thousand (66,000) according
to the 1980 federal decennial census, wherein is located a state-supported
university and in which U.S. Highways 49 and 11 intersect, shall receive an
annual salary of * * * Nine Hundred Fifty Dollars ($950.00)
less than that paid to a circuit court judge. The office of such county judge
shall be a full-time position, and the holder thereof shall not otherwise
engage in the practice of law.
(j) The county judge
of any county having two (2) judicial districts, having a population in excess
of sixty-one thousand nine hundred (61,900) according to the 1980 federal
decennial census, in which U.S. Interstate Highway 59 intersects with U.S.
Highway 84, shall receive an annual salary of * * * Nine
Hundred Fifty Dollars ($950.00) less than the salary which is now or
hereafter authorized to be paid circuit and chancery court judges of this
state. The office of such county judge shall be a full-time position, and the
holder thereof shall not otherwise engage in the practice of law.
(k) The office of
county judge of any Class I county wherein U.S. Highway 51 and U.S. Highway 98
intersect shall be a full-time position and the holder thereof shall not
otherwise engage in the practice of law. The annual salary for the office of
county judge in said county * * * shall be fixed * * * at a sum not to exceed * * * One
Thousand Nine Hundred Dollars ($1,900.00) less than the salary which is now
or shall hereafter be provided for circuit and chancery judges of this state.
(l) The county judge
of any county having a population of more than forty-one thousand six hundred
(41,600) but less than forty-one thousand six hundred fifty (41,650) according
to the 1980 federal census, and wherein U.S. Highway 49 intersects with
Mississippi Highway 22, shall receive an annual salary payable monthly out of
the county treasury of * * * Nine Hundred Fifty Dollars ($950.00)
less than the salary provided now or hereafter for circuit and chancery judges
of this state.
(m) The county judge of any county having a population of more than fifty-seven thousand (57,000) but less than fifty-seven thousand one hundred (57,100) according to the 1980 federal census, wherein U.S. Highway 45 intersects with Mississippi Highway 6, shall receive an annual salary in an amount established by the board of supervisors, but in no event to exceed the salary provided now or hereafter for circuit and chancery judges of this state.
(n) The county judge of any county having a population of more than fifty-seven thousand three hundred (57,300) according to the 1980 federal decennial census, wherein is located a state-supported university and wherein U.S. Highways 82 and 45 intersect, shall receive an annual salary in an amount established by the board of supervisors, but in no event to exceed the salary provided now or hereafter for circuit and chancery judges of this state.
(5) The salary of a county court judge or justice court judge shall not be reduced during his term of office as a result of a population decrease based upon the 1990 federal decennial census.
(6) The salary of a sheriff shall not be reduced during his term of office as a result of a population decrease based upon the 1990 federal decennial census.
(7) Notwithstanding any
provision of this section to the contrary, the board of supervisors of any
county, in its discretion, may pay its county court judge an annual salary of * * * Nine
Hundred Fifty Dollars ($950.00) less than that paid to a circuit court
judge. The office of county judge shall be a full-time position, and the
holder thereof shall not otherwise engage in the practice of law.
(8) (a) There shall be transferred to the county for each county court judge, payment to be made in monthly installments from the Judicial System Operation Fund created under Section 9-21-45, an annual salary supplement of:
(i) From and after January 1, 2013, through December 31, 2013, the sum of Seven Thousand Nine Hundred Fifty-seven Dollars and Fifty Cents ($7,957.50), plus any applicable fringe benefits resulting from this amount;
(ii) From and after January 1, 2014, through December 31, 2014, the sum of Fifteen Thousand Nine Hundred Fifteen Dollars ($15,915.00), plus any applicable fringe benefits resulting from this amount;
(iii) From and after January 1, 2015, through December 31, 2015, the sum of Twenty-three Thousand Eight Hundred Seventy-two Dollars and Fifty Cents ($23,872.50), plus any applicable fringe benefits resulting from this amount; and
(iv) From and after January 1, 2016, through December 31, 2019, the sum of Thirty-one Thousand Eight Hundred Thirty Dollars ($31,830.00), plus any applicable fringe benefits resulting from this amount.
(b) From and after January 1, 2019, and every four (4) years thereafter, the annual salary in this subsection (8) shall be adjusted according to the level of compensation recommended by the State Personnel Board for county court judges in the board's most recent report on judicial salaries, as required under Section 25-9-115, to the extent that sufficient funds are available.
(c) The total annual salary paid to the county court judge out of the county treasury and out of the Judicial System Operation Fund created under Section 9-21-45 shall not exceed the salary limitation set forth in subsection (7) of this section.
SECTION 2. Section 23-15-153, Mississippi Code of 1972, is amended as follows:
23-15-153. (1) At the following times, the commissioners of election shall meet at the office of the registrar and carefully revise the registration books and the pollbooks of the several voting precincts, and shall erase from those books the names of all persons erroneously on the books, or who have died, removed or become disqualified as electors from any cause; and shall register the names of all persons who have duly applied to be registered and have been illegally denied registration:
(a) On the Tuesday after the second Monday in January 1987 and every following year;
(b) On the first Tuesday in the month immediately preceding the first primary election for congressmen in the years when congressmen are elected;
(c) On the first Monday in the month immediately preceding the first primary election for state, state district legislative, county and county district offices in the years in which those offices are elected; and
(d) On the second Monday of September preceding the general election or regular special election day in years in which a general election is not conducted.
Except for the names of those persons who are duly qualified to vote in the election, no name shall be permitted to remain on the registration books and pollbooks; however, no name shall be erased from the registration books or pollbooks based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993 that are in effect at the time of such erasure. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not on the pollbook.
(2) Except as provided in
this section, and subject to the following annual limitations, the
commissioners of election shall be entitled to receive a per diem in the amount
of * * * Eighty-eight Dollars and Twenty Cents ($88.20),
to be paid from the county general fund, for every day or period of no less than
five (5) hours accumulated over two (2) or more days actually employed in the
performance of their duties in the conduct of an election or actually employed
in the performance of their duties for the necessary time spent in the revision
of the registration books and pollbooks as required in subsection (1) of this
section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.
(3) In addition to the number of days authorized in subsection (2) of this section, the board of supervisors of a county may authorize, in its discretion, the commissioners of election to receive a per diem in the amount provided for in subsection (2) of this section, to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the registration books and pollbooks as required in subsection (1) of this section, for not to exceed five (5) days.
(4) (a) The commissioners of election shall be entitled to receive a
per diem in the amount of * * *Eighty‑four Dollars ($84.00) Eighty-eight Dollars and
Twenty Cents ($88.20), to be paid from the county general fund, not to
exceed ten (10) days for every day or period of no less than five (5) hours
accumulated over two (2) or more days actually employed in the performance of
their duties for the necessary time spent in the revision of the registration
books and pollbooks prior to any special election. For purposes of this paragraph, the regular special election day
shall not be considered a special election. The annual limitations set forth
in subsection (2) of this section shall not apply to this paragraph.
(b) The commissioners of election shall be entitled to receive a per
diem in the amount of * * * One Hundred Fifty-seven Dollars
and Fifty Cents ($157.50), to be paid from the county general fund, for the
performance of their duties on the day of any general or special election. The
annual limitations set forth in subsection (2) of this section shall apply to
this paragraph.
(5) The commissioners of
election shall be entitled to receive a per diem in the amount of * * * Eighty-eight
Dollars and Twenty Cents ($88.20), to be paid from the county general fund,
not to exceed fourteen (14) days for every day or period of no less than five
(5) hours accumulated over two (2) or more days actually employed in the
performance of their duties for the necessary time spent in the revision of the
registration books, pollbooks and in the conduct of a runoff election following
either a general or special election.
(6) The commissioners of election shall be entitled to receive only one (1) per diem payment for those days when the commissioners of election discharge more than one (1) duty or responsibility on the same day.
(7) The county registrar shall prepare the pollbooks and the county commissioners of election shall prepare the registration books of each municipality located within the county pursuant to an agreement between the county and each municipality in the county. The county commissioners of election and the county registrar shall be paid by each municipality for the actual cost of preparing registration books and pollbooks for the municipality and shall pay each county commissioner of election a per diem in the amount provided for in subsection (2) of this section for each day or period of not less than five (5) hours accumulated over two (2) or more days the commissioners are actually employed in preparing the registration books for the municipality, not to exceed five (5) days. The county commissioners of election and county registrar shall provide copies of the registration books and pollbooks to the municipal clerk of each municipality in the county. The municipality shall pay the county registrar for preparing and printing the pollbooks. A municipality may secure "read only" access to the Statewide Centralized Voter System and print its own pollbooks using this information; however, county commissioners of election shall remain responsible for preparing registration books for municipalities and shall be paid for this duty in accordance with this subsection.
(8) County commissioners of election who perform the duties of an executive committee with regard to the conduct of a primary election under a written agreement authorized by law to be entered into with an executive committee shall receive per diem as provided for in subsection (2) of this section. The days that county commissioners of election are employed in the conduct of a primary election shall be treated the same as days county commissioners of election are employed in the conduct of other elections.
(9) Every commissioner of election shall sign personally a certification setting forth the number of hours actually worked in the performance of the commissioner's official duties and for which the commissioner seeks compensation. The certification must be on a form as prescribed in this subsection. The commissioner's signature is, as a matter of law, made under the commissioner's oath of office and under penalties of perjury.
The certification form shall be as follows:
COUNTY ELECTION COMMISSIONER
PER DIEM CLAIM FORM
NAME:____________________________ COUNTY:_______________
ADDRESS:_________________________ DISTRICT:_____________
CITY:______________ ZIP:________
PURPOSE APPLICABLE ACTUAL PER DIEM
DATE BEGINNING ENDING OF MS CODE HOURS DAYS
WORKED TIME TIME WORK SECTION WORKED EARNED
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
TOTAL NUMBER OF PER DIEM DAYS EARNED
EXCLUDING ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED
X * * * 88.20
TOTAL NUMBER PER DIEM DAYS EARNED
FOR ELECTION DAYS ________
PER DIEM RATE
PER DAY EARNED X * * *157.50
TOTAL AMOUNT OF PER DIEM CLAIMED $_______
I understand that I am signing this document under my oath as a commissioner of election and under penalties of perjury.
I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting.
Signed this the _____day of ______________, ____.
________________________
Commissioner's Signature
When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person.
Any person may contest the accuracy of the certification in any respect by notifying the chairman of the commission, any member of the board of supervisors or the clerk of the board of supervisors of such contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the commission, the clerk of the board of supervisors or the board of supervisors, as the case may be.
Any contestor who successfully contests any certification will be awarded all expenses incident to his contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same.
(10) Any commissioner of
election who has not received a certificate issued by the Secretary of State
pursuant to Section 23-15-211 indicating that the commissioner of election has
received the required elections seminar instruction and that the commissioner
of election is fully qualified to conduct an election, shall not receive any
compensation authorized by this section * * * or Section 23-15-239.
SECTION 3. Section 23-15-239, Mississippi Code of 1972, is amended as follows:
23-15-239. (1) (a) The executive committee of each county, in the case of a primary election, or the commissioners of election of each county, in the case of all other elections, in conjunction with the circuit clerk, shall sponsor and conduct, not less than five (5) days prior to each election, training sessions to instruct managers as to their duties in the proper administration of the election and the operation of the polling place. No manager shall serve in any election unless he has received such instructions once during the twelve (12) months immediately preceding the date upon which such election is held; however, nothing in this section shall prevent the appointment of an alternate manager to fill a vacancy in case of an emergency. The county executive committee or the commissioners of election, as appropriate, shall train a sufficient number of alternates to serve in the event a manager is unable to serve for any reason.
(b) The executive committee of each county, in the case of a primary election, or the commissioners of election of each county, in the case of all other elections, in conjunction with the circuit clerk, shall sponsor and conduct annually an eight-hour training course for managers that meets criteria that the Secretary of State shall prescribe. Managers shall be required to attend this course every four (4) years from August 7, 2008. The Secretary of State shall develop a version of the course that may be taken by managers over the Internet. Training courses, including, but not limited to, online training courses, that meet criteria prescribed by the Secretary of State and are not sponsored or conducted by the executive committee or the commissioners of election, may be utilized to meet the requirements of this paragraph if the training course is approved by the Secretary of State.
(2) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the county executive committee and the circuit clerk or the chairman of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(3) The board of supervisors, in their discretion, may compensate managers who attend such training sessions. The compensation shall be at a rate of not less than the federal hourly minimum wage nor more than Twelve Dollars ($12.00) per hour. Managers shall not be compensated for more than sixteen (16) hours of attendance at the training sessions regardless of the actual amount of time that they attended the training sessions.
(4) The time and location of the training sessions required pursuant to this section shall be announced to the general public by posting a notice thereof at the courthouse and by delivering a copy of the notice to the office of a newspaper having general circulation in the county five (5) days before the date upon which the training session is to be conducted. Persons who will serve as poll watchers for candidates and political parties, as well as members of the general public, shall be allowed to attend the sessions.
(5) Subject to the
following annual limitations, the commissioners of election shall be entitled
to receive a per diem in the amount of * * * Eighty-eight
Dollars and Twenty Cents ($88.20), to be paid from the county general fund,
for every day or period of no less than five (5) hours accumulated over two (2)
or more days actually employed in the performance of their duties for the
necessary time spent in conducting training sessions as required by this
section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than five (5) days per year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than eight (8) days per year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than ten (10) days per year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than twelve (12) days per year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than fifteen (15) days per year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than eighteen (18) days per year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than nineteen (19) days per year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than twenty-two (22) days per year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than thirteen (13) days per year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than fourteen (14) days per year.
(6) Commissioners of election shall claim the per diem authorized in subsection (5) of this section in the manner provided for in Section 23-15-153(6).
SECTION 4. 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 State Tax Commission under the provisions of Sections 27-25-501 through 27-25-525, and the actual value of gas as certified by the State Tax Commission 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 * * * Sixty-seven Thousand Two Hundred
Dollars ($67,200.00);
(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 * * * Sixty-four Thousand
Five Hundred Seventy-five Dollars ($64,575.00);
(c) For counties
having a total assessed valuation of at least Five Hundred Million Dollars
($500,000,000.00) but less than One Billion Dollars ($1,000,000,000.00), a
salary of * * * Sixty-one Thousand Four
Hundred Twenty-five Dollars ($61,425.00);
(d) For counties
having a total assessed valuation of at least Two Hundred Fifty Million Dollars
($250,000,000.00) but less than Five Hundred Million Dollars ($500,000,000.00),
a salary of * * * Fifty-eight Thousand Eight Hundred
Dollars ($58,800.00);
(e) 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 * * * Fifty-six
Thousand Seven Hundred Dollars ($56,700.00);
(f) 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-five
Thousand One Hundred Twenty-five Dollars ($55,125.00);
(g) For counties
having a total assessed valuation of at least Thirty-five Million Dollars
($35,000,000.00) but less than Seventy-five Million Dollars ($75,000,000.00), a
salary of * * * Fifty Thousand Nine
Hundred Twenty-five Dollars ($50,925.00);
(h) For counties
having a total assessed valuation of less than Thirty-five Million Dollars
($35,000,000.00), a salary of * * * Forty-three
Thousand Five Hundred Seventy-five Dollars ($43,575.00).
(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 5. Section 25-3-9, Mississippi Code of 1972, is amended as follows:
25-3-9. (1) Except as
provided in subsections (2), (3) and (4) of this section, the county prosecuting
attorney * * * shall
receive for his services an annual salary to be paid by the board of
supervisors as follows:
(a) For counties with
a total population of more than two hundred thousand (200,000), a salary not to
exceed * * * Twenty-nine Thousand
Nine Hundred Twenty-five Dollars ($29,925.00).
(b) For counties with
a total population of more than one hundred thousand (100,000) and not more
than two hundred thousand (200,000), a salary not to exceed * * * Twenty-seven Thousand Eight Hundred Twenty-five
Dollars ($27,825.00).
(c) For counties with
a total population of more than fifty thousand (50,000) and not more than one
hundred thousand (100,000), a salary not to exceed * * * Twenty-two Thousand Seven Hundred Eighty-five
Dollars ($22,785.00).
(d) For counties with
a total population of more than thirty-five thousand (35,000) and not more than
fifty thousand (50,000), a salary not to exceed * * *
Twenty-one Thousand Four Hundred Twenty Dollars ($21,420.00).
(e) For counties with
a total population of more than twenty-five thousand (25,000) and not more than
thirty-five thousand (35,000), a salary not to exceed * * *
Twenty Thousand Two Hundred Sixty-five Dollars ($20,265.00).
(f) For counties with
a total population of more than fifteen thousand (15,000) and not more than
twenty-five thousand (25,000), a salary not to exceed * * *
Eighteen Thousand Five Hundred Eighty-five Dollars ($18,585.00).
(g) For counties with
a total population of more than ten thousand (10,000) and not more than fifteen
thousand (15,000), a salary not to exceed * * *
Sixteen Thousand Nine Hundred Five Dollars ($16,905.00).
(h) For counties with
a total population of more than six thousand (6,000) and not more than ten
thousand (10,000), a salary not to exceed * * *
Fifteen Thousand Two Hundred Twenty-five Dollars ($15,225.00).
(i) For counties with
a total population of six thousand (6,000) or less, the board of supervisors,
in its discretion, may appoint a county prosecuting attorney, and it * * * shall pay such county prosecuting
attorney an annual salary not to exceed * * *
Thirteen Thousand Five Hundred Forty-five Dollars ($13,545.00).
In all cases of conviction there shall be taxed against the convicted defendant, as an item of cost, the sum of Three Dollars ($3.00), which shall be turned in to the county treasury as a part of the general county funds; however, the Three Dollars ($3.00) shall not be taxed in any case in which it is not the specific duty of the county attorney to appear and prosecute.
From and after October 1, 1993, in addition to the salaries provided for in this subsection, the board of supervisors of any county, in its discretion, may pay the county prosecuting attorney an additional amount not to exceed ten percent (10%) of the maximum allowable salary prescribed herein.
(2) In the following counties, the county prosecuting attorney shall receive for his services an annual salary to be paid by the board of supervisors, as follows:
(a) In any county bordering upon the Mississippi River and having a population of not less than thirty thousand (30,000) and not more than thirty-five thousand five hundred (35,500) according to the federal census of 1990, and in counties having a population of not more than thirty-seven thousand (37,000) according to the federal census of 1990 in which Interstate Highway 55 and U.S. Highway 98 intersect, the county prosecuting attorney shall receive a salary equal to the justice court judge of such county; and in any county wherein is located the state's oldest state-supported institution of higher learning and wherein Mississippi State Highways 7 and 6 intersect, the county prosecuting attorney shall receive an annual salary equal to that of a member of the board of supervisors of such county.
(b) In counties having
a population in excess of fifty thousand (50,000) in the 1960 federal census,
wherein is located a state-supported university and in which U.S. Highways 49
and 11 intersect, the salary of the county prosecuting attorney shall be not
less than * * * Eighteen Thousand Two
Hundred Seventy Dollars ($18,270.00) per year. The Board of Supervisors of
Forrest County, Mississippi, may, in its discretion, and by agreement with the
county prosecuting attorney, employ the county prosecuting attorney as a full-time
elected official during his/her term of office, designate additional duties and
responsibilities of the office and pay additional compensation up to, but not
in excess of, ninety percent (90%) of the annual compensation and salary of the
county court judge and the youth court judge of Forrest County as authorized by
law and provide a reasonable office and reasonable office expenses to the
county prosecuting attorney. The salary authorized by this paragraph (b) for
the county prosecuting attorney shall be the sole and complete salary for such
prosecuting attorney in each county to which this paragraph applies,
notwithstanding any other provision of law to the contrary.
(c) In any county
wherein is housed the seat of state government, wherein U.S. Highways 80 and 49
intersect, and having two (2) judicial districts, the board of supervisors * * * shall pay the
county prosecuting attorney an annual salary equal to the annual salary of
members of the board of supervisors in the county.
(d) In any county which has two (2) judicial districts and wherein Highway 8 and Highway 15 intersect, having a population of greater than seventeen thousand (17,000), according to the 1980 federal decennial census, the board of supervisors shall pay the county prosecuting attorney a salary equal to that of a member of the board of supervisors of such county; provided that if such county prosecuting attorney is paid a sum for the purpose of defraying office or secretarial expenses, then the salary prescribed herein shall be reduced by that amount.
(e) In any county
bordering the State of Tennessee and in which Mississippi Highways No. 4 and 15
intersect, and having a population of less than twenty thousand (20,000) in the
1970 federal census, the salary of the county prosecuting attorney shall be no
less than * * * Six Thousand Three Hundred Dollars
($6,300.00).
(f) In any county
having a population of more than twenty-five thousand (25,000) and in which
U.S. Highways 72 and 45 intersect, the salary of the county attorney shall be
not less than * * * Eight Thousand Four Hundred Dollars
($8,400.00).
In addition, such county prosecuting attorney shall receive the sum of One Thousand Five Hundred Dollars ($1,500.00) per month for the purpose of defraying secretarial expense.
(g) In any county
wherein I-20 and State Highway 15 intersect; and in any county wherein I-20 and
State Highway 35 intersect, the salary of the county prosecuting attorney shall
be not less than * * * Eight Thousand Eight
Hundred Twenty Dollars ($8,820.00).
(h) In any Class 1
county bordering on the Mississippi River, lying in whole or in part within a
levee district, wherein U.S. Highways 82 and 61 intersect, bounded by the
Sunflower River and Stales Bayou, the board of supervisors * * * shall pay an
annual salary equal to the annual salary of members of the board of supervisors
in the county. In addition, such county prosecuting attorney shall receive the
sum of One Thousand Dollars ($1,000.00) per month for the purpose of defraying
secretarial expenses.
(i) In any county
bordering on the Gulf of Mexico having two (2) judicial districts, and wherein
U.S. Highways 90 and 49 intersect, the salary of the county prosecuting
attorney shall be not less than * * * Nineteen
Thousand Nine Hundred Fifty Dollars ($19,950.00) per year. The Board of
Supervisors of Harrison County, Mississippi, may, in its discretion, and by
agreement with the county prosecuting attorney, employ the county prosecuting
attorney and his/her assistant during his/her term of office, and designate
additional duties and responsibilities of the office and pay additional
compensation up to, but not in excess of, ninety percent (90%) of the annual
compensation and salary of the county court judges of Harrison County as
authorized by law and provide adequate office space and reasonable office
expenses to the county prosecuting attorney and his/her assistant. The salary
authorized by this paragraph (i) for the county prosecuting attorney and
his/her assistant shall be the sole and complete salary paid by the county for
such prosecuting attorney and his/her assistant in each county to which this
paragraph applies, notwithstanding any other provision of law to the contrary.
(j) In any county
bordering on the State of Alabama, having a population in excess of seventy-five
thousand (75,000) according to the 1980 decennial census in which is located an
institution of higher learning and a United States military installation and
which is traversed by an interstate highway, the salary of the county
prosecuting attorney shall not be less than * * * Twelve
Thousand Six Hundred Dollars ($12,600.00) nor more than the amount of the
annual salary received by a member of the board of supervisors of that county.
(k) In any county with
a land area wherein Mississippi Highways 8 and 9 intersect, the salary of the
county prosecuting attorney shall be not less than * * *
Eight Thousand Nine Hundred Twenty-five Dollars ($8,925.00) per year.
(l) In any Class 2
county wherein Mississippi Highways 6 and 3 intersect, the salary of the county
prosecuting attorney shall be not less than * * * Twelve
Thousand Six Hundred Dollars ($12,600.00) per year nor more than the amount
of the annual salary received by a member of the board of supervisors of that
county.
(m) In any county
wherein Interstate Highway 55 and State Highway 8 intersect, the salary of the
county prosecuting attorney shall be not less than * * * Twelve
Thousand Six Hundred Dollars ($12,600.00) per year.
(n) In any county
wherein U.S. Highway 51 intersects Mississippi Highway 6, and having two (2)
judicial districts, the salary of the county prosecuting attorney shall be not
less than * * * Three Thousand Seven
Hundred Eighty Dollars ($3,780.00) per year.
(o) In any county
bordering on the Alabama state line, having a population of greater than
fifteen thousand (15,000) according to the 1970 federal decennial census,
wherein U.S. Highway 45 and Mississippi Highway 18 intersect, the salary of the
county prosecuting attorney shall be not less than * * * Three
Thousand Seven Hundred Eighty Dollars ($3,780.00) nor greater than that of
a member of the board of supervisors of such county. All prior acts, orders
and resolutions of the board of supervisors of such county which authorized the
payment of the salary in conformity with the provisions of this paragraph,
whether or not heretofore specifically authorized by law are hereby ratified,
approved and confirmed.
(p) In any county
wherein is located a state-supported institution of higher learning and wherein
U.S. Highway 82 and Mississippi Highway 389 intersect, the board of supervisors * * * shall pay the
county prosecuting attorney an annual salary equal to the annual salary of
members of the board of supervisors in the county.
(q) In any county
having two (2) judicial districts wherein Mississippi Highway 32 intersects
U.S. Highway 49E, the salary of the county prosecuting attorney shall be not
less than * * * Thirteen Thousand
Three Hundred Thirty-five Dollars ($13,335.00).
(r) In any county
traversed by the Natchez Trace Parkway wherein U.S. Highway 45 and Mississippi
Highway 4 intersect, the board of supervisors * * * shall pay the
county prosecuting attorney an annual salary equal to the annual salary of
justice court judges in the county.
(s) In any county
having a population of more than fourteen thousand (14,000) according to the
1970 census and which county is bordered on the north by the State of Tennessee
and on the east by the State of Alabama and in which U.S. Highway No. 72 and
Highway No. 25 intersect, the board of supervisors * * * shall pay the
county prosecuting attorney an annual salary equal to the annual salary of
justice court judges in the county.
(t) (i) The Board of
Supervisors of Madison County * * * shall pay the
county prosecuting attorney an annual salary in the amount of * * *
Twenty-nine Thousand Four Hundred Dollars ($29,400.00), if the county
prosecuting attorney is not employed on a full-time basis.
(ii) From and after October 1, 1993, in addition to the salary provided for in subparagraph (i) of this paragraph, the board of supervisors, in its discretion, may pay the county prosecuting attorney an additional amount not to exceed ten percent (10%) of the maximum allowable salary prescribed herein.
(iii) The Board of
Supervisors of Madison County, in its discretion, may employ the elected county
prosecuting attorney on a full-time basis during his or her term of office and
may pay compensation to the full-time prosecuting attorney in an amount of not
more than * * * ninety-five percent (95%) of the annual
compensation and salary of the county court judges of the county as authorized
by law, and may provide adequate office space and reasonable office expenses to
the county prosecuting attorney. The salary authorized by this subparagraph
(iii) for the county prosecuting attorney shall be the sole and complete salary
paid by the county for the prosecuting attorney in Madison County,
notwithstanding any other provisions of law to the contrary.
(u) In any county
having a population in the 1970 census in excess of thirty-five thousand (35,000)
and in which U.S. Highways 49W and 82 intersect, and in which is located a
state penitentiary, the annual salary of a county prosecuting attorney shall be * * *
Thirty-one Thousand Nine Hundred Forty-one Dollars ($31,941.00).
(v) In any county wherein Mississippi Highway 50 intersects U.S. Highway 45-Alternate, and having a population greater than twenty thousand (20,000) according to the 1980 federal decennial census, a salary equal to that of a member of the board of supervisors of such county; provided that if such county prosecuting attorney is paid a sum for the purpose of defraying office or secretarial expenses, then the salary prescribed herein shall be reduced by that amount.
(w) In any county in which the 1975 assessed valuation was Forty Million Seven Hundred Thirty-nine Thousand Four Hundred Sixty-six Dollars ($40,739,466.00) and wherein U.S. Highway 45 and Mississippi Highway 8 intersect, the salary of the county prosecuting attorney shall be equal to that of a member of the board of supervisors of such county.
(x) In any county
bordering on the Mississippi River having a population greater than fifty
thousand (50,000) according to the 1980 federal decennial census and also having
a national military park and national cemetery, an annual salary of * * *
Twenty-six Thousand Two Hundred Fifty Dollars ($26,250.00) or a salary
equal to that of a member of the board of supervisors in such county, whichever
is greater. In addition, such county prosecuting attorney shall receive the
sum of One Thousand Dollars ($1,000.00) per month for the purpose of defraying
secretarial expenses.
(y) In any county bordering on the Alabama state line, traversed by the Chickasawhay River, and wherein U.S. Highway 45 and U.S. Highway 84 intersect, a salary that shall be equal to the annual salary of a member of the board of supervisors of such county. All prior acts, orders and resolutions of the board of supervisors of such county which authorize the payment of the salary of the county prosecuting attorney in conformity with the provisions of this section as it existed immediately prior to April 12, 1985, are hereby ratified, approved, confirmed and validated.
(z) In any county
having a population greater than sixty-five thousand five hundred eighty
(65,580) but less than sixty-five thousand five hundred ninety (65,590)
according to the 1990 federal decennial census, wherein U.S. Highway 45
intersects with Mississippi Highway 6, an annual salary equal to * * * Thirty-one
Thousand Five Hundred Dollars ($31,500.00).
(aa) In any county where an institution of higher learning is located and wherein U.S. Highway 82 and U.S. Highway 45 intersect, the salary of the county prosecuting attorney shall be not less than that of a member of the board of supervisors in such county, and the board of supervisors may, in its discretion, pay such county prosecuting attorney a salary in an amount not to exceed the amount of the salary of the District Attorney for the Sixteenth Judicial District of Mississippi.
(bb) In any county
having a population greater than six thousand (6,000) according to the federal
decennial census and wherein U.S. Highway 61 and Highway 24 intersect, the
board of supervisors * * * shall pay the county prosecuting
attorney an annual salary equal to the annual salary of members of the board of
supervisors in the county.
(cc) In any county having a population greater than thirty-one thousand (31,000) according to the 1990 federal decennial census and wherein U.S. Highway 61 and U.S. Highway 49 intersect, a salary of not less than the annual salary of justice court judges in the county.
(dd) (i) The Rankin
County prosecuting attorney, if such person is not employed on a full-time
basis, shall receive an annual salary of * * * Thirty
Thousand Four Hundred Fifty Dollars ($30,450.00).
(ii) The Board of
Supervisors of Rankin County, in its discretion, may employ the elected county
prosecuting attorney and an assistant on a full-time basis during his or her
term of office and may pay compensation to such full-time prosecuting attorney
in an amount of not more than * * * ninety-five percent
(95%) of the annual compensation and salary of the county court judges of
the county as authorized by law, and may provide adequate office space and
reasonable office expenses to the county prosecuting attorney and his/her
assistant. The Board of Supervisors of Rankin County, in its discretion, may
also employ a full-time assistant county prosecuting attorney and may pay such
person an annual salary in such amount as determined by the board of supervisors.
The salary authorized by this paragraph (dd)(ii) for the elected county
prosecuting attorney and an assistant shall be the sole and complete salary
paid by the county for the elected prosecuting attorney and assistant in Rankin
County, notwithstanding any other provisions of law to the contrary.
(ee) In any county
having a population greater than eight thousand (8,000) but less than eight
thousand two hundred (8,200) according to the 1990 federal census, and in which
U.S. Highway 61 and Mississippi Highway 4 intersect, the board of supervisors * * * shall pay the
county prosecuting attorney an amount not to exceed Fourteen Thousand Dollars
($14,000.00), in addition to the maximum allowable salary for that attorney
under subsection (1), beginning on April 1, 1997.
(ff) In any county having a population greater than thirty thousand three hundred (30,300) but less than thirty thousand four hundred (30,400) according to the 1990 federal census, and in which U.S. Highway 78 and Mississippi Highway 7 intersect, a salary of not less than the annual salary of a member of the board of supervisors in such county.
(gg) In any county having a population greater than thirteen thousand three hundred (13,300) but less than thirteen thousand four hundred (13,400) according to the 1990 federal census, and in which Mississippi Highway 24 and Mississippi Highway 48 intersect, the board of supervisors may, in its discretion, pay the county prosecuting attorney an additional amount not to exceed ten percent (10%) of the maximum allowable salary for that attorney under subsection (1).
(hh) In any county
having a population greater than eight thousand three hundred (8,300) but less
than eight thousand four hundred (8,400) according to the 1990 federal census,
and in which U.S. Highway 84 and U.S. Highway 98 intersect, the board of
supervisors may, in its discretion, pay the county prosecuting attorney an
additional amount not to exceed * * * fifteen percent (15%)
of the maximum allowable salary for that attorney under subsection (1).
(ii) In any
county having a population of more than thirty thousand four hundred (30,400)
and which is traversed in whole or in part by I-59, U.S. Highways 98 and 11 and
State Highway 13, the annual salary of the county prosecuting attorney shall be * * *
Twenty-six Thousand Two Hundred Fifty Dollars
($26,250.00).
(jj) In any county
having a population greater than twenty thousand (20,000) according to the 1990
federal census and wherein U.S. Highway 78 and Mississippi Highway 25
intersect, the board of supervisors * * * shall pay the
county prosecuting attorney an annual salary equal to the annual salary of
justice court judges in the county.
(kk) In any county having a population greater than twelve thousand four hundred (12,400) but less than twelve thousand five hundred (12,500) according to the 1990 federal census, and in which U.S. Highway 84 and Mississippi Highway 27 intersect, the board of supervisors may, in its discretion, pay the county prosecuting attorney an additional amount not to exceed ten percent (10%) of the maximum allowable salary for that attorney under subsection (1).
(ll) In any county having a population greater than thirty thousand two hundred (30,200) but less than thirty thousand three hundred (30,300) according to the 1990 federal census, and in which U.S. Interstate 55 and Mississippi Highway 84 intersect, the board of supervisors may, in its discretion, pay the county prosecuting attorney an additional amount not to exceed ten percent (10%) of the maximum allowable salary for that attorney under subsection (1).
(mm) In any county on
the Mississippi River levee, having a population greater than forty-one
thousand eight hundred (41,800) but less than forty-one thousand nine hundred
(41,900) according to the 1990 federal census wherein U.S. Highway 61 and
Mississippi Highway 8 intersect, the board of supervisors * * * shall pay the
county prosecuting attorney an annual salary equal to the annual salary of
members of the board of supervisors in the county. In addition, the board of
supervisors, in its discretion, may pay the county prosecuting attorney the sum
of One Thousand Dollars ($1,000.00) per month for the purpose of defraying
secretarial expenses.
(nn) In any county
having a population greater than twenty-four thousand seven hundred (24,700)
and less than twenty-four thousand nine hundred (24,900) according to the 1990
federal census, wherein Mississippi Highways 15 and 16 intersect, the board of
supervisors * * * shall pay the county prosecuting attorney an
annual salary equal to the annual salary of members of the board of supervisors
in the county.
(oo) In any county
having a population greater than thirty-seven thousand (37,000) but less than
thirty-eight thousand (38,000) according to the 1990 federal census, in which
is located a state supported institution of higher learning, and in which U.S.
Highway 82 and Mississippi Highway 7 intersect, the board of supervisors * * * shall pay the
county prosecuting attorney a salary in an amount not to exceed the amount of
the salary of the District Attorney for the Fourth Judicial District of
Mississippi.
(pp) In any county in which U.S. Highway 78 and Mississippi Highway 15 intersect and which is traversed by the Tallahatchie River, a salary equal to that of members of the board of supervisors of the county, which salary shall be in addition to any sums received for the purpose of defraying office or secretarial expenses and sums received as youth court prosecutor fees.
(qq) In any county
bordering on the State of Tennessee and the State of Arkansas, wherein Interstate
Highway 55 and Mississippi Highway 302 intersect, the board of supervisors * * * shall pay the
county prosecuting attorney an annual salary equal to the annual salary of
justice court judges in the county.
(rr) In any county that
is traversed by the Natchez Trace Parkway and in which Mississippi Highway 35
and Mississippi Highway 12 intersect, the board of supervisors * * * shall pay the
county prosecuting attorney an annual salary in the amount of the annual salary
of justice court judges in the county.
(ss) In any county in
which Mississippi Highway 14 and Mississippi Highway 25 intersect, the board of
supervisors * * * shall pay the county prosecuting attorney an
annual salary in the amount of * * * Twenty-three
Thousand One Hundred Dollars ($23,100.00).
(tt) In any county in
which Interstate Highway 59 and U.S. Highway 84 intersect, the board of
supervisors * * * shall pay the county prosecuting attorney an
annual salary equal to the annual salary of members of the board of supervisors
in the county.
(uu) (i) In any
county bordering on the Mississippi River having a population greater than
fifty thousand (50,000) according to the 1980 federal decennial census and also
having a national military park and national cemetery, the board of supervisors
of the county shall pay an annual salary of * * *
Twenty-six Thousand Two Hundred Fifty Dollars ($26,250.00) or a salary
equal to that of a member of the board of supervisors, whichever is greater, if
not employed on a full-time basis. In addition, the county prosecuting
attorney shall be paid the sum of One Thousand Dollars ($1,000.00) per month
for the purpose of defraying secretarial expenses, if not employed on a full-time
basis; or
(ii) The board of
supervisors of the county described in subparagraph (i) of this paragraph, in
its discretion, may employ the elected county prosecuting attorney on a full-time
basis during his or her term of office and may pay compensation to the full-time
prosecuting attorney in an amount of not more than * * * ninety-five percent
(95%) of the annual compensation and salary of the County Court Judge of
Warren County as authorized by law, and may provide adequate office space and
reasonable office expenses to the county prosecuting attorney. The salary
authorized herein by this subparagraph (ii) for the county prosecuting attorney
shall be the sole and complete salary paid by the county for the prosecuting
attorney in Warren County, notwithstanding any other provisions of law to the
contrary.
(3) In any case where a salary, expense allowance or other sum is authorized or paid by the board of supervisors pursuant to this section, that salary, expense allowance or other sum shall not be reduced or terminated during the term for which the county attorney was elected.
(4) Notwithstanding any provision of this section to the contrary, no county prosecuting attorney shall receive for his services an annual salary less than the salary paid to a justice court judge in his respective county.
SECTION 6. Section 25-3-13, Mississippi Code of 1972, is amended as follows:
25-3-13. (1) The salaries of the members of the boards of supervisors of the various counties are fixed as full compensation for their services.
The annual salary of each member of the board of supervisors 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 less than Thirty Million Dollars
($30,000,000.00), a salary of * * *
Thirty Thousand Four Hundred Fifty Dollars ($30,450.00);
(b) For counties
having a total assessed valuation of at least Thirty Million Dollars
($30,000,000.00), but less than Fifty Million Dollars ($50,000,000.00), a
salary of * * * Thirty-three Thousand
Nine Hundred Fifteen Dollars ($33,915.00);
(c) For counties
having a total assessed valuation of at least Fifty Million Dollars
($50,000,000.00), but less than Seventy-five Million Dollars ($75,000,000.00),
a salary of * * * Thirty-five Thousand
Three Hundred Eighty-five Dollars ($35,385.00);
(d) For counties
having a total assessed valuation of at least Seventy-five Million Dollars
($75,000,000.00), but less than One Hundred Twenty-five Million Dollars
($125,000,000.00), a salary of * * * Thirty-six Thousand Four Hundred Thirty-five Dollars
($36,435.00);
(e) For counties
having a total assessed valuation of at least One Hundred Twenty-five Million
Dollars ($125,000,000.00), but less than Three Hundred Million Dollars
($300,000,000.00), a salary of * * *
Forty-two Thousand Four Hundred Twenty Dollars ($42,420.00);
(f) For counties
having a total assessed valuation of at least Three Hundred Million Dollars
($300,000,000.00), but less than One Billion Dollars ($1,000,000,000.00), a
salary of * * * Forty-six Thousand
Nine Hundred Thirty-five Dollars ($46,935.00);
(g) For counties
having a total assessed valuation of One Billion Dollars ($1,000,000,000.00),
but less than Two Billion Dollars ($2,000,000,000.00), a salary of * * * Forty-seven Thousand Nine Hundred Eighty-five
Dollars ($47,985.00);
(h) For counties
having a total assessed valuation of Two Billion Dollars ($2,000,000,000.00) or
more, a salary of * * * Forty-nine Thousand
Thirty-five Dollars ($49,035.00).
(2) The annual salary established for the members of the board of supervisors shall not be reduced as a result of a reduction in total assessed valuation.
(3) The salary of the members of the board of supervisors shall not be increased under this section until the board of supervisors shall have passed a resolution stating the amount of the increase and spread it on its minutes.
SECTION 7. Section 25-3-25, Mississippi Code of 1972, is amended as follows:
25-3-25. (1) Except as otherwise provided in subsections (2) through (9), the salaries of sheriffs of the various counties are fixed as full compensation for their services.
The annual salary for each sheriff shall be based upon the total population of his county according to the latest federal decennial census in the following categories and for the following amounts; however, no sheriff shall be paid less than the salary authorized under this section to be paid the sheriff based upon the population of the county according to the most recent federal decennial census:
(a) For counties with
a total population of more than one hundred thousand (100,000), a salary of * * *
One Hundred Three Thousand Nine Hundred Fifty Dollars ($103,950.00).
(b) For counties with
a total population of more than forty-five thousand (45,000) and not more than
one hundred thousand (100,000), a salary of * * * Ninety-four
Thousand Five Hundred Dollars ($94,500.00).
(c) For counties with
a total population of more than thirty-four thousand (34,000) and not more than
forty-five thousand (45,000), a salary of * * *
Eighty-nine Thousand Two Hundred Fifty Dollars ($89,250.00).
(d) For counties with
a total population of more than fifteen thousand (15,000) and not more than
thirty-four thousand (34,000), a salary of * * * Eighty-four
Thousand Dollars ($84,000.00).
(e) For counties with
a total population of not more than fifteen thousand (15,000), a salary of * * *
Seventy-eight Thousand Seven Hundred Fifty Dollars ($78,750.00).
(2) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Leflore County, in its discretion, may pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:
(a) The Mississippi Department of Corrections operates and maintains a restitution center within the county;
(b) The Mississippi Department of Corrections operates and maintains a community work center within the county;
(c) There is a resident circuit court judge in the county whose office is located at the Leflore County Courthouse;
(d) There is a resident chancery court judge in the county whose office is located at the Leflore County Courthouse;
(e) The Magistrate for the Fourth Circuit Court District is located in the county and maintains his office at the Leflore County Courthouse;
(f) The Region VI Mental Health-Mental Retardation Center, which serves a multicounty area, calls upon the sheriff to provide security for out-of-town mental patients, as well as patients from within the county;
(g) The increased activity of the Child Support Division of the Department of Human Services in enforcing in the courts parental obligations has imposed additional duties on the sheriff; and
(h) The dispatchers of the enhanced E-911 system in place in Leflore County have been placed under the direction and control of the sheriff.
(3) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Rankin County, in its discretion, may pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:
(a) The Mississippi Department of Corrections operates and maintains the Central Mississippi Correctional Facility within the county;
(b) The State Hospital is operated and maintained within the county at Whitfield;
(c) Hudspeth Regional Center, a facility maintained for the care and treatment of persons with an intellectual disability, is located within the county;
(d) The Mississippi Law Enforcement Officers Training Academy is operated and maintained within the county;
(e) The State Fire Academy is operated and maintained within the county;
(f) The Pearl River Valley Water Supply District, ordinarily known as the "Reservoir District," is located within the county;
(g) The Jackson-Medgar Wiley Evers International Airport is located within the county;
(h) The patrolling of the state properties located within the county has imposed additional duties on the sheriff; and
(i) The sheriff, in addition to providing security to the nearly one hundred thousand (100,000) residents of the county, has the duty to investigate, solve and assist in the prosecution of any misdemeanor or felony committed upon any state property located in Rankin County.
(4) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Neshoba County shall pay an annual supplement to the sheriff of the county an amount equal to Ten Thousand Dollars ($10,000.00).
(5) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Tunica County, in its discretion, may pay an annual supplement to the sheriff of the county an amount equal to Ten Thousand Dollars ($10,000.00), payable beginning April 1, 1997.
(6) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Hinds County shall pay an annual supplement to the sheriff of the county in an amount equal to Fifteen Thousand Dollars ($15,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:
(a) Hinds County has the greatest population of any county, two hundred fifty-four thousand four hundred forty-one (254,441) by the 1990 census, being almost one hundred thousand (100,000) more than the next most populous county;
(b) Hinds County is home to the State Capitol and the seat of all state government offices;
(c) Hinds County is the third largest county in geographic area, containing eight hundred seventy-five (875) square miles;
(d) Hinds County is comprised of two (2) judicial districts, each having a courthouse and county office buildings;
(e) There are four (4) resident circuit judges, four (4) resident chancery judges, and three (3) resident county judges in Hinds County, the most of any county, with the sheriff acting as chief executive officer and provider of bailiff services for all;
(f) The main offices for the clerk and most of the judges and magistrates for the United States District Court for the Southern District of Mississippi are located within the county;
(g) The state's only urban university, Jackson State University, is located within the county;
(h) The University of Mississippi Medical Center, combining the medical school, dental school, nursing school and hospital, is located within the county;
(i) Mississippi Veterans Memorial Stadium, the state's largest sports arena, is located within the county;
(j) The Mississippi State Fairgrounds, including the Coliseum and Trade Mart, are located within the county;
(k) Hinds County has the largest criminal population in the state, such that the Hinds County Sheriff's Department operates the largest county jail system in the state, housing almost one thousand (1,000) inmates in three (3) separate detention facilities;
(l) The Hinds County Sheriff's Department handles more mental and drug and alcohol commitment cases than any other sheriff's department in the state;
(m) The Mississippi Department of Corrections maintains a restitution center within the county;
(n) The Mississippi Department of Corrections regularly houses as many as one hundred (100) state convicts within the Hinds County jail system; and
(o) The Hinds County Sheriff's Department is regularly asked to provide security services not only at the Fairgrounds and Memorial Stadium, but also for events at the Mississippi Museum of Art and Jackson City Auditorium.
(7) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Wilkinson County, in its discretion, may pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county because the Mississippi Department of Corrections contracts for the private incarceration of state inmates at a private correctional facility within the county.
(8) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Marshall County, in its discretion, may pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county because the Mississippi Department of Corrections contracts for the private incarceration of state inmates at a private correctional facility within the county.
(9) In addition to the salary provided in subsection (1) of this section, the Board of Supervisors of Greene County, in its discretion, may pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:
(a) The Mississippi Department of Corrections operates and maintains the South Mississippi Correctional Facility within the county;
(b) In 1996, additional facilities to house another one thousand four hundred sixteen (1,416) male offenders were constructed at the South Mississippi Correctional Facility within the county; and
(c) The patrolling of the state properties located within the county has imposed additional duties on the sheriff justifying additional compensation.
(10) In addition to the salary provided in subsection (1) of this section, the board of supervisors of any county, in its discretion, may pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The amount of the supplement shall be spread on the minutes of the board. The annual supplement authorized in this subsection shall not be in addition to the annual supplements authorized in subsections (2) through (9).
(11) (a) The salaries provided 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.
(b) At least Ten Dollars ($10.00) from each fee collected and deposited into the county's general fund under the provisions of paragraphs (a), (c) and (g) of subsection (1) of Section 25-7-19 shall be used for the sheriffs' salaries authorized in Section 25-3-25; as such Ten Dollar ($10.00) amount was authorized during the 2007 Regular Session in Chapter 331, Laws of 2007, for the purpose of providing additional monies to the counties for sheriffs' salaries.
(12) (a) All sheriffs, each year, shall attend twenty (20) hours of continuing education courses in law enforcement. Such courses shall be approved by the Mississippi Board on Law Enforcement Officers Standards and Training. Such education courses may be provided by an accredited law enforcement academy or by the Mississippi Sheriffs' Association.
(b) The Mississippi Board on Law Enforcement Officers Standards and Training shall reimburse each county for the expenses incurred by sheriffs and deputy sheriffs for attendance at any approved training programs as required by this subsection.
SECTION 8. Section 25-3-35, Mississippi Code of 1972, is amended as follows:
25-3-35. (1) The annual salaries of the following judges are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chief Justice of the Supreme Court..... ....... $126,292.50
Presiding Justices of the Supreme Court, each.. 123,600.75
Associate Justices of the Supreme Court, each.. 122,460.00
From and after January 1, 2014, through December 31, 2014:
Chief Justice of the Supreme Court............ $137,195.00
Presiding Justices of the Supreme Court, each.. 134,011.50
Associate Justices of the Supreme Court, each.. 132,390.00
From and after January 1, 2015, through December 31, 2015:
Chief Justice of the Supreme Court............. $148,097.50
Presiding Justices of the Supreme Court, each.. 144,422.25
Associate Justices of the Supreme Court, each.. 142,320.00
From and after January 1, 2016:
Chief Justice of the Supreme Court............. $159,000.00
Presiding Justices of the Supreme Court, each.. 154,833.00
Associate Justices of the Supreme Court, each.. 152,250.00
There are imposed upon the Supreme Court justices the extra duties of taking all necessary action to promote judicial education in schools, drug courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each justice, from and after January 1, 2013, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (1).
The fixed salaries in this subsection (1) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than: One Hundred Fifteen Thousand Three Hundred Ninety Dollars ($115,390.00) of the Chief Justice's salary in this subsection (1), One Hundred Thirteen Thousand One Hundred Ninety Dollars ($113,190.00) of the salary of a presiding justice in this subsection (1), and One Hundred Twelve Thousand Five Hundred Thirty Dollars ($112,530.00) of the salary of an associate justice in this subsection (1) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of the Chief Justice, a presiding justice and an associate justice to the levels set forth in this subsection (1).
The fixed salaries as specified in this subsection (1) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chief Judge of the Court of Appeals............ $117,992.00
Associate Judges of the Court of Appeals, each. 114,994.25
From and after January 1, 2014, through December 31, 2014:
Chief Judge of the Court of Appeals............ $127,854.00
Associate Judges of the Court of Appeals, each. 124,938.50
From and after January 1, 2015, through December 31, 2015:
Chief Judge of the Court of Appeals............ $137,716.00
Associate Judges of the Court of Appeals, each. 134,882.75
From and after January 1, 2016:
Chief Judge of the Court of Appeals............ $147,578.00
Associate Judges of the Court of Appeals, each. 144,827.00
From and after January 1, 2013, each judge shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (2).
The fixed salaries in this subsection (2) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Eight Thousand One Hundred Thirty Dollars ($108,130.00) of the Chief Judge's salary in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the Chief Judge's salary to the level set forth in this subsection (2). No less than One Hundred Five Thousand Fifty Dollars ($105,050.00) of the salary of an associate judge in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of an associate judge to the level set forth in this subsection (2).
The fixed salaries as specified in this subsection (2) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(3) The annual salaries of the chancery and circuit court judges are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chancery Judges, each.......................... $112,127.50
Circuit Judges, each........................... 112,127.50
From and after January 1, 2014, through December 31, 2014:
Chancery Judges, each.......................... $120,085.00
Circuit Judges, each........................... 120,085.00
From and after January 1, 2015, through December 31, 2015:
Chancery Judges, each.......................... $128,042.50
Circuit Judges, each........................... 128,042.50
From and after January 1, 2016:
Chancery Judges, each.......................... $136,000.00
Circuit Judges, each........................... 136,000.00
In addition to their present official duties, the circuit and chancery judges shall take necessary action to promote judicial education in schools, drug courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each judge, from and after January 1, 2013, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (3).
The fixed salaries in this subsection (3) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Four Thousand One Hundred Seventy Dollars ($104,170.00) of the salary of a chancery or circuit Judge in this subsection (3) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of a chancery or circuit judge to the levels set forth in this subsection (3).
(4) From and after January 1, 2019, and every four (4) years thereafter, the annual salaries of the judges in subsections (1), (2) and (3) shall be fixed at the level of compensation recommended by the State Personnel Board according to the board's most recent report on judicial salaries, as required under Section 25-9-115, to the extent that sufficient funds are available. The annual salaries fixed in accordance with this subsection (4) shall not become effective until the commencement of the next immediately succeeding term of office.
(5) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.
(6) The annual salary of the full-time district attorneys shall be:
* * *
From and after January 1, 2015, through December 31, 2015:
* * * One Hundred Twenty-four Thousand Two
Hundred Ninety-two Dollars and Seventy Cents ($124,292.70).
From and after January 1, 2016:
* * * One Hundred Thirty-two Thousand One
Hundred Ninety-five Dollars ($132,195.00).
(7) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty percent (80%) of the salary of the district attorney for legal assistants who have been licensed to practice law for five (5) years or less; eighty-five percent (85%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least five (5) years but less than fifteen (15) years; and ninety percent (90%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least fifteen (15) years or more.
SECTION 9. Section 25-3-36, Mississippi Code of 1972, is amended as follows:
25-3-36. (1) Until October 1, 2008, every justice court judge shall receive as full compensation for his or her services, and in lieu of any and all other fees, costs or compensation heretofore authorized for such justice court judge, an annual salary based upon the population of his or her county according to the latest federal decennial census; however, no justice court judge shall be paid less than the salary authorized under this section to be paid the justice court judge based upon the population of the county according to the 1980 federal decennial census. The amount of which salary shall be determined as follows:
(a) In counties with a
population of more than two hundred thousand (200,000), a salary of * * * Fifty-eight Thousand Three Hundred Thirty-six
Dollars and Ninety-five Cents ($58,336.95).
(b) In counties with a
population of more than one hundred fifty thousand (150,000) but not more than
two hundred thousand (200,000), a salary of * * *
Fifty-three Thousand Five Hundred Fifty-five Dollars and Twenty-five Cents
($53,555.25).
(c) In counties with a
population of more than seventy-five thousand (75,000) but not more than one
hundred fifty thousand (150,000), a salary of * * * Forty-eight Thousand Seven Hundred Seventy-three
Dollars and Fifty-five Cents ($48,773.55).
(d) In counties with a
population of more than forty-nine thousand (49,000) but not more than seventy-five
thousand (75,000), a salary of * * *
Forty-two Thousand Seventy-eight Dollars and Seventy-five Cents ($42,078.75).
(e) In counties with a
population of more than thirty-four thousand (34,000) but not more than forty-nine
thousand (49,000), a salary of * * * Thirty-six Thousand Three Hundred Forty Dollars and
Fifty Cents ($36,340.50).
(f) In counties with a
population of more than twenty-four thousand five hundred (24,500) but not more
than thirty-four thousand (34,000), a salary of * * * Thirty-four Thousand Four Hundred Twenty-eight
Dollars and Forty-five Cents ($34,428.45).
(g) In counties with a
population of more than twenty-one thousand (21,000) but not more than twenty-four
thousand five hundred (24,500), a salary of * * * Thirty Thousand Six Hundred Three Dollars and
Thirty Cents ($30,603.30).
(h) In counties with a
population of more than sixteen thousand five hundred (16,500) but not more
than twenty-one thousand (21,000), a salary of * * * Twenty-six Thousand Seven Hundred Seventy-seven
Dollars and Ten Cents ($26,777.10).
(i) In counties with a
population of more than twelve thousand (12,000) but not more than sixteen
thousand five hundred (16,500), a salary of * * * Twenty-two Thousand Nine Hundred Fifty-one
Dollars and Ninety-five Cents ($22,951.95).
(j) In counties with a
population of more than eight thousand (8,000) but not more than twelve
thousand (12,000), a salary of * * * Eighteen
Thousand Nine Hundred Dollars ($18,900.00).
(k) In counties with a
population of eight thousand (8,000) or less, a salary of * * *
Fifteen Thousand One Hundred Twenty Dollars ($15,120.00).
The board of supervisors of any county having two (2) judicial districts and two (2) justice court judges for the county shall pay each justice court judge an amount equal to that provided in this subsection for judges in the next higher population category per year, if the justice court judge maintains regular office hours and is personally present in the office they maintain for at least thirty (30) hours per week.
In any county having a population greater than eight thousand (8,000) but less than eight thousand five hundred (8,500) according to the 1990 federal decennial census and in which U.S. Highway 61 and Mississippi Highway 4 intersect, the board of supervisors, in its discretion, may pay such justice court judges an additional amount not to exceed the sum of Eleven Thousand Five Hundred Fifty Dollars ($11,550.00) per year, payable beginning April 1, 1997.
In any county having a population greater than ten thousand (10,000) but less than ten thousand five hundred (10,500) according to the 1990 federal decennial census and in which Mississippi Highway 3 and Mississippi Highway 6 intersect, the board of supervisors, in its discretion, may pay such justice court judges an additional amount not to exceed One Thousand Four Hundred Fifty Dollars ($1,450.00) per year, payable beginning April 1, 1997.
In any county having a population greater than twenty-four thousand seven hundred (24,700) and less than twenty-four thousand nine hundred (24,900), according to the 1990 federal census, wherein Mississippi Highways 15 and 16 intersect, the board of supervisors shall pay such justice court judge an additional amount equal to Two Thousand Five Hundred Dollars ($2,500.00) per year.
(2) From and after October 1, 2008, every justice court judge shall receive as full compensation for his or her services, and in lieu of any and all other fees, costs or compensation heretofore authorized for such justice court judge, an annual salary in an amount that is the greater of the following:
(a) The amount paid to a member of the board of supervisors in the same county in which the justice court judge presides; or
(b) One hundred three percent (103%) of the salary authorized under this section as of September 30, 2008, for a justice court judge in that county.
If supervisors of a county receive a salary increase, justice court judges whose salary is determined under this paragraph shall be paid an amount reflecting a commensurate increase.
* * *
( * * *3) From and after January 1, 1984, all
fees, costs, fines and penalties charged and collected in the justice court
shall be paid to the clerk of the justice court for deposit, along with monies
from cash bonds and other monies which have been forfeited in criminal cases,
into the general fund of the county as provided in Section 9-11-19; and the
clerk of the board of supervisors shall be authorized and empowered, upon
approval by the board of supervisors, to make disbursements and withdrawals
from the general fund of the county in order to pay any reasonable and
necessary expenses incurred in complying with this section, including payment
of the salaries of justice court judges as provided by subsection (1) of this
section. The provisions of this subsection shall not, except as to cash bonds
and other monies which have been forfeited in criminal cases, apply to monies
required to be deposited in the justice court clerk clearing account as
provided in Section 9-11-18, Mississippi Code of 1972.
( * * *4) The salaries provided for in this
section shall be payable monthly by warrant drawn by the clerk of the board of
supervisors 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.
( * * *5) Provided, that the salary of any
justice court judge shall not be reduced during his term of office as a result
of a population change following a federal decennial census.
( * * *6) Any justice court judge who is
unable to attend and hold court by reason of being under suspension by the
Commission on Judicial Performance or the Mississippi Supreme Court shall not
receive a salary while under such suspension.
SECTION 10. Section 9-19-13, Mississippi Code of 1972, is amended as follows:
9-19-13. Except as
otherwise provided in Section 25-3-36 * * *(6), on recommendation of the
commission on judicial performance, the Supreme Court may disqualify a judge
from exercising any judicial function, without loss of salary, during pendency
of proceedings before the commission or in the supreme court. If so
disqualified, a special judge shall be appointed to perform his duties, as
provided by law.
SECTION 11. Section 25-7-37, Mississippi Code of 1972, is amended as follows:
25-7-37. County surveyors shall charge the following fees:
(a) For each day's attendance in making a survey
................................. ..................... * * * 15.75
(b) For each day spent in the preparation of a plat thereof and statement of contents and certificate of survey
...................................................... * * * 7.87
(c) For each day spent in the preparation of additional plats with notes of reference and certificate of survey
...................................................... * * * 5.25
(d) For each chain-carrier,
for each day... * * *
5.25
(e) For recording each
survey.............. * * *
2.10
SECTION 12. Section 37-6-13, Mississippi Code of 1972, is amended as follows:
37-6-13. (1) Each person
serving as a member of the school board of any school district shall receive
per diem in the amount of * * *Sixty‑seven Dollars ($67.00) Seventy Dollars and
Thirty-five Cents ($70.35) for no more than thirty-six (36) meetings of the
school board during any one (1) fiscal year or, in his or her discretion,
irrevocably may choose to receive as compensation for his or her services an
annual salary in the amount of * * * Two
Thousand Five Hundred Twenty Dollars ($2,520.00), which choice shall remain
in force for all successive terms or periods of service of that member. The
receipt of the compensation shall not entitle any member of a school board to
receive or be eligible for any state employee group insurance, retirement or
other fringe benefits. Each member shall be reimbursed for the necessary
expenses and mileage in attending meetings of the school board. In addition to
the foregoing, all members may be reimbursed for mileage and actual expenses
incurred in the further performance of their duties, including attendance at
any mandatory school board training session or at regional and national
education meetings, when such mileage and other expenses are authorized by the
board prior to the date on which they occur. Detailed vouchers shall be
submitted for reimbursement for all expenses authorized by this section. Such
reimbursement shall be in accordance with Section 25-3-41.
Such expenses shall be paid on order of the school board by pay certificates issued by the superintendent of the school district involved against the funds available for payment of the administrative expense of the district.
(2) (a) If a member of a school board misses twenty percent (20%) or more of the meetings of the school board during a calendar year, except for absences caused by required military duty, the member must reimburse the school district that portion of the total salary paid to the member that year which is proportionate to the number of meetings missed by the member in relation to the total number of school board meetings held during that year. For purposes of this subsection, consideration may be given only to meetings of which public notice is required.
(b) Before February 1 of each year, the president of each local school board shall submit a report to the State Board of Education containing the names of any members of the school board who missed twenty percent (20%) or more of the school board meetings during the preceding calendar year.
SECTION 13. 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 * * * shall receive from the county in
which he serves a salary of * * * Nine Hundred
Forty-five Dollars ($945.00) 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 * * * One Hundred
Five Dollars ($105.00) 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.
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 14. Section 19-3-49, Mississippi Code of 1972, is brought forward as follows:
19-3-49. (1) In all counties of this state wherein there is no elected county prosecuting attorney, the boards of supervisors shall have the power and authority to employ a competent attorney to appear and prosecute in cases requiring the services of the county prosecuting attorney. The compensation paid to the person so employed shall be paid from the general fund of such county and shall not exceed, during any calendar year, the amount authorized by law to be paid as salary to the county prosecuting attorney in such county. The employment of a county prosecuting attorney as authorized by this section shall be pursuant to a contract which shall provide that the salary of such county prosecuting attorney shall not be reduced, increased or terminated for the period of the contract. Such contract shall be for the period of the remainder of the term of office of the board of supervisors which employs the county prosecuting attorney; however, the contract shall provide expressly or by reference to this section that the contract shall be abrogated upon the creation and filling of the office of elected county prosecuting attorney.
(2) Notwithstanding any of the provisions of subsection (1) of this section to the contrary, the board of supervisors of Hancock County may pay the attorney hired to appear and prosecute cases requiring the services of a county prosecuting attorney an annual salary of Forty-five Thousand Dollars ($45,000.00). The Legislature finds and declares that the annual salary authorized by this section is justified in Hancock County for the following reasons:
(a) The addition of a justice court judge in January 2004 created a total of three (3) judges in the county and requires the attorney hired to appear and prosecute cases requiring the services of a county prosecuting attorney to spend additional time in court; and
(b) The population of Hancock County increased from thirty-one thousand seven hundred sixty (31,760) in 1990, to forty-two thousand nine hundred sixty-seven (42,967) in 2000, which placed it in the top ten percent (10%) of the fastest growing counties in the state; and
(c) There was a significant increase in the number of cases filed in justice court and cases appealed to a higher court; and
(d) The attorney hired to appear and prosecute cases requiring the services of a county prosecuting attorney is responsible for handling a large number of drug, alcohol and mental commitment proceedings.
SECTION 15. Section 19-5-171, Mississippi Code of 1972, is brought forward as follows:
19-5-171. (1) Every resident citizen of the county in which is located any district created under Sections 19-5-151 through 19-5-207, of good reputation, being the owner of land or the conductor of a business situated within the district and being over twenty-five (25) years of age and of sound mind and judgment, shall be eligible to hold the office of commissioner.
(2) Except as provided in Section 19-5-164(3), each person appointed or elected as a commissioner, before entering upon the discharge of the duties of the person's office, shall be required to execute a bond payable to the State of Mississippi in the penal sum of not less than Fifty Thousand Dollars ($50,000.00) conditioned that the person will faithfully discharge the duties of the office. Each bond shall be approved by the clerk of the board of supervisors and filed with the clerk.
(3) Each commissioner shall take and subscribe to an oath of office prescribed in Section 268, Mississippi Constitution of 1890, before the clerk of the board of supervisors that the person will faithfully discharge the duties of the office of commissioner, which oath shall also be filed with the clerk and preserved with the official bond.
(4) Except as provided in subsection (5), the commissioners so appointed or elected and qualified shall be compensated for their services for each meeting of the board of commissioners attended, either regular or special, at a rate to be fixed by the board of supervisors, not to exceed the rate established in Section 25-3-69 for officers of state boards, commissions and agencies, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties in accordance with Section 25-3-41. However, in no one (1) calendar year shall any commissioner be compensated for more than twenty-four (24) meetings.
(5) (a) The commissioners of the Hancock County Water and Sewer District shall be compensated for their services at a rate up to Eighty-four Dollars ($84.00) per day for each meeting of the board of commissioners attended, either regular or special, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties in accordance with Section 25-3-41.
(b) The commissioners of the Kiln Utility and Fire District of Hancock County shall be compensated for their services at a rate up to Eighty-four Dollars ($84.00) per day for each meeting of the board of commissioners attended, either regular or special, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties in accordance with Section 25-3-41.
(c) The commissioners of the Pearlington Water and Sewer District of Hancock County shall be compensated for their services at a rate up to Eighty-four Dollars ($84.00) per day for each meeting of the board of commissioners attended, either regular or special, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties in accordance with Section 25-3-41.
(d) The commissioners of the Diamondhead Water and Sewer District of Hancock County shall be compensated for their services at a rate up to the Eighty-four Dollars ($84.00) per day for each meeting of the board of commissioners attended, either regular or special, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties in accordance with Section 25-3-41.
(e) The commissioners of the Hancock County Solid Waste Authority shall be compensated for their services at a rate up to the Eighty-four Dollars ($84.00) per day for each meeting of the board of commissioners attended, either regular or special, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties in accordance with Section 25-3-41.
(f) The commissioners of the Standard Dedeaux Water District shall be compensated for their services at a rate up to the Eighty-four Dollars ($84.00) per day for each meeting of the board of commissioners attended, either regular or special, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties in accordance with Section 25-3-41.
SECTION 16. Section 25-3-41, Mississippi Code of 1972, is brought forward as follows:
25-3-41. (1) When any officer or employee of the State of Mississippi, or any department, agency or institution thereof, after first being duly authorized, is required to travel in the performance of his official duties, the officer or employee shall receive as expenses for each mile actually and necessarily traveled, when the travel is done by a privately owned automobile or other privately owned motor vehicle, the mileage reimbursement rate allowable to federal employees for the use of a privately owned vehicle while on official travel.
(2) When any officer or employee of any county or municipality, or of any agency, board or commission thereof, after first being duly authorized, is required to travel in the performance of his official duties, the officer or employee shall receive as expenses Twenty Cents (20¢) for each mile actually and necessarily traveled, when the travel is done by a privately owned motor vehicle; provided, however, that the governing authorities of a county or municipality may, in their discretion, authorize an increase in the mileage reimbursement of officers and employees of the county or municipality, or of any agency, board or commission thereof, in an amount not to exceed the mileage reimbursement rate authorized for officers and employees of the State of Mississippi in subsection (1) of this section.
(3) Where two (2) or more officers or employees travel in one (1) privately owned motor vehicle, only one (1) travel expense allowance at the authorized rate per mile shall be allowed for any one (1) trip. When the travel is done by means of a public carrier or other means not involving a privately owned motor vehicle, then the officer or employee shall receive as travel expense the actual fare or other expenses incurred in such travel.
(4) In addition to the foregoing, a public officer or employee shall be reimbursed for other actual expenses such as meals, lodging and other necessary expenses incurred in the course of the travel, subject to limitations placed on meals for intrastate and interstate official travel by the Department of Finance and Administration, provided, that the Legislative Budget Office shall place any limitations for expenditures made on matters under the jurisdiction of the Legislature. The Department of Finance and Administration shall set a maximum daily expenditure annually for such meals and shall notify officers and employees of changes to these allowances immediately upon approval of the changes. Travel by airline shall be at the tourist rate unless that space was unavailable. The officer or employee shall certify that tourist accommodations were not available if travel is performed in first class airline accommodations. Itemized expense accounts shall be submitted by those officers or employees in such number as the department, agency or institution may require; but in any case one (1) copy shall be furnished by state departments, agencies or institutions to the Department of Finance and Administration for preaudit or postaudit. The Department of Finance and Administration shall promulgate and adopt reasonable rules and regulations which it deems necessary and requisite to effectuate economies for all expenses authorized and paid pursuant to this section. Requisitions shall be made on the State Fiscal Officer who shall issue his warrant on the State Treasurer. Provided, however, that the provisions of this section shall not include agencies financed entirely by federal funds and audited by federal auditors.
(5) Any officer or employee of a county or municipality, or any department, board or commission thereof, who is required to travel in the performance of his official duties, may receive funds before the travel, in the discretion of the administrative head of the county or municipal department, board or commission involved, for the purpose of paying necessary expenses incurred during the travel. Upon return from the travel, the officer or employee shall provide receipts of transportation, lodging, meals, fees and any other expenses incurred during the travel. Any portion of the funds advanced which is not expended during the travel shall be returned by the officer or employee. The Department of Audit shall adopt rules and regulations regarding advance payment of travel expenses and submission of receipts to ensure proper control and strict accountability for those payments and expenses.
(6) No state or federal funds received from any source by any arm or agency of the state shall be expended in traveling outside of the continental limits of the United States until the governing body or head of the agency makes a finding and determination that the travel would be extremely beneficial to the state agency and obtains a written concurrence thereof from the Governor, or his designee, and the Department of Finance and Administration. However, employees of state institutions of higher learning may expend funds for travel outside of the continental limits of the United States upon a written finding by the president or head of the institution that the travel would be extremely beneficial to the institution.
(7) Where any officer or employee of the State of Mississippi, or any department, agency or institution thereof, or of any county or municipality, or of any agency, board or commission thereof, is authorized to receive travel reimbursement under any other provision of law, the reimbursement may be paid under the provisions of this section or the other section, but not under both.
(8) When the Governor, Lieutenant Governor or Speaker of the House of Representatives appoints a person to a board, commission or other position that requires confirmation by the Senate, the person may receive reimbursement for mileage and other actual expenses incurred in the performance of official duties before the appointment is confirmed by the Senate, as reimbursement for those expenses is authorized under this section.
(9) (a) The Department of Finance and Administration may contract with one or more commercial travel agencies, after receiving competitive bids or proposals therefor, for that travel agency or agencies to provide necessary travel services for state officers and employees. Municipal and county officers and municipal and county employees may also participate in the state travel agency contract and utilize these travel services for official municipal or county travel. However, the administrative head of each state institution of higher learning may, in his discretion, contract with a commercial travel agency to provide necessary travel services for all academic officials and staff of the university in lieu of participation in the state travel agency contract. Any such decision by a university to contract with a separate travel agency shall be approved by the Board of Trustees of State Institutions of Higher Learning and the Executive Director of the Department of Finance and Administration.
(b) Before executing a contract with one or more travel agencies, the Department of Finance and Administration shall advertise for competitive bids or proposals once a week for two (2) consecutive weeks in a regular newspaper having a general circulation throughout the State of Mississippi. If the department determines that it should not contract with any of the bidders initially submitting proposals, the department may reject all those bids, advertise as provided in this paragraph and receive new proposals before executing the contract or contracts. The contract or contracts may be for a period not greater than three (3) years, with an option for the travel agency or agencies to renew the contract or contracts on a one-year basis on the same terms as the original contract or contracts, for a maximum of two (2) renewals. After the travel agency or agencies have renewed the contract twice or have declined to renew the contract for the maximum number of times, the Department of Finance and Administration shall advertise for bids in the manner required by this paragraph and execute a new contract or contracts.
(c) Whenever any state officer or employee travels in the performance of his official duties by airline or other public carrier, he may have his travel arrangements handled by that travel agency or agencies. The amount paid for airline transportation for any state officer or employee, whether the travel was arranged by that travel agency or agencies or was arranged otherwise, shall not exceed the amount specified in the state contract established by the Department of Finance and Administration, Office of Purchasing and Travel, unless prior approval is obtained from the office.
SECTION 17. Section 25-3-69, Mississippi Code of 1972, is brought forward as follows:
25-3-69. Unless otherwise provided by law, all officers and employees of state agencies, boards, commissions, departments and institutions authorized by law to receive per diem compensation for each day or fraction thereof occupied with the discharge of official duties shall be entitled to Forty Dollars ($40.00) per diem compensation. When the Governor, Lieutenant Governor or Speaker of the House of Representatives appoints a person to a board, commission or other position that requires confirmation by the Senate, the person may receive per diem compensation for the performance of official duties before such appointment is confirmed by the Senate, as such per diem compensation is authorized under this section.
SECTION 18. Section 25-7-27, Mississippi Code of 1972, is brought forward as follows:
25-7-27. (1) Marshals and constables shall charge the following fees:
(a) (i) A uniform total fee in all civil cases, whether contested or uncontested, which shall include all services in connection therewith, except as stated otherwise in this section, each $35.00
(ii) A uniform total fee in all criminal cases, whether contested or uncontested, which shall include all services in connection therewith, except as stated otherwise in this section, each $35.00
(iii) In all cases where there is more than one (1) defendant, for service on each additional defendant...... $ 5.00
(iv) When a complaining party has provided erroneous information to the clerk of the court relating to the service of process on the defendant or defendants and process cannot be served after diligent search and inquiry, the uniform fee shall be assessed upon subsequent successful service and an additional fee shall be due in the following amount................................................... $15.00
(v) When a complaining party has provided erroneous information to the clerk of the court relating to the service of process on the defendant or defendants and process cannot be served after diligent search and inquiry, and a defendant is served in a county other than the county in which a suit was filed, the constable in the county in which the suit was filed shall receive an additional fee, upon successful service of the defendant, in the following amount................... $15.00
(b) After final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings shall be a new suit for which the marshal or constable shall be entitled to the following fee......................... $35.00
(c) For conveying a person charged with a crime to jail, mileage reimbursement in an amount not to exceed the rate established under Section 25-3-41(2).
To be paid out of the county treasury on the allowance of the board of supervisors, when the state fails in the prosecution, or the person is convicted but is not able to pay the costs.
(d) For other service, the same fees allowed sheriffs for similar services.
(e) For service as a bailiff in any court in a civil case, to be paid by the county on allowance of the court on issuance of a warrant therefor, an amount equal to the per diem compensation provided under Section 25-3-69 for each day, or part thereof, for which he serves as bailiff when the court is in session.
(f) For serving all warrants and other process and attending all trials in state cases in which the state fails in the prosecution, to be paid out of the county treasury on the allowance of the board of supervisors without itemization, subject, however, to the condition that the marshal or constable must not have overcharged in the collection of fees for costs, contrary to the provisions of this section, annually...................................................... $1,800.00
(2) Marshals and constables shall be paid all uncollected fees levied under subsection (1) of this section in full from the first proceeds received by the court from the guilty party or from any other source of payment in connection with the case.
(3) In addition to the fees authorized to be paid to a constable under subsection (1) of this section, a constable may receive payments for collecting delinquent criminal fines in justice court pursuant to the provisions of Section 19-3-41(3).
SECTION 19. Section 25-31-33, Mississippi Code of 1972, is brought forward as follows:
25-31-33. The board of supervisors of any county having a population in excess of two hundred thousand (200,000) according to the federal decennial census of 1970 shall contribute a sum equal to Four Thousand Five Hundred Dollars ($4,500.00) per year, payable monthly, to supplement the salary of the district attorney of that county, provided that he serves full time; and shall contribute a sum equal to Three Thousand Dollars ($3,000.00) per year, payable monthly, per full-time legal assistant to supplement the salary of each full-time legal assistant to the district attorney of that county.
The board of supervisors of any Class 1 county bordering on the Gulf of Mexico and having two (2) judicial districts shall contribute a sum equal to Four Thousand Five Hundred Dollars ($4,500.00) per year, payable monthly, to supplement the salary of the district attorney of that county provided that he serves full time; and shall contribute a sum equal to Five Thousand Dollars ($5,000.00) per year, payable monthly, to supplement the salary of each full-time legal assistant to the district attorney of that county.
SECTION 20. This act shall take effect and be in force from and after July 1, 2016.