MISSISSIPPI LEGISLATURE
2018 Regular Session
To: County Affairs
By: Representatives Touchstone, Sykes
AN ACT TO AMEND SECTION 19-25-13, MISSISSIPPI CODE OF 1972, TO INCREASE THE ANNUAL CLOTHING ALLOWANCE ALLOWED TO EACH PLAINCLOTHES INVESTIGATOR EMPLOYED BY A SHERIFF'S OFFICE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-25-13, Mississippi Code of 1972, is amended as follows:
19-25-13. The sheriff
shall, at the July meeting of the board of supervisors, submit a budget of
estimated expenses of his office for the ensuing fiscal year beginning
October 1 in such form as shall be prescribed by the Director of the State
Department of Audit. The board shall examine this proposed budget and
determine the amount to be expended by the sheriff in the performance of his
duties for the fiscal year and may increase or reduce * * * that amount as it deems necessary
and proper.
The budget shall include
amounts for compensating the deputies and other employees of the sheriff's
office, for insurance providing protection for the sheriff and his deputies in
case of disability, death and other similar coverage, for travel and
transportation expenses of the sheriff and deputies, for feeding prisoners and
inmates of the county jail, and for * * * any other expenses * * * that may be incurred in the performance
of the duties of the office of sheriff. In addition, the budget shall include
amounts for the payment of premiums on bonds and insurance for the sheriff and
his deputies which, in the opinion of the board of supervisors, are deemed
necessary to protect the interests of the county or the sheriff and his
deputies. * * *
The amounts may include official bonds and any bonds required of his
deputies by the sheriff; liability insurance; insurance against false arrest
charges; insurance against false imprisonment charges; theft, fire and other
hazards insurance; and hospitalization insurance as provided for in Sections 25-15-101
and 25-15-103. The board may authorize the reimbursement of the sheriff and
deputies for the use of privately owned automobiles or other motor vehicles in
the performance of official duties at the rate provided by law for state
officers and employees, or may authorize the purchase by the sheriff of such
motor vehicles and such equipment as may be needed for operation of the
sheriff's office, * * *
the vehicles and equipment to be owned by the county. In counties * * * that have elected to purchase the
motor vehicles and * * *
the equipment for the operation of the sheriff's office, if a sheriff or
deputy shall be required in the performance of his official duties, in the
event of an emergency, to use his privately owned automobile or other motor
vehicle, the board of supervisors may, in its discretion, authorize the
reimbursement for * * *
that use at the rate per mile provided by law for state officers and
employees. This shall not be construed as giving an officer a choice of
whether to use his own or the county's vehicle, but shall be construed so as
not to penalize an officer who must use his own vehicle because the county's
vehicle was not available.
The board of supervisors, in its discretion, may include in its annual budget for the sheriff's office an amount not to exceed One Thousand Dollars ($1,000.00), which may be expended by the sheriff to provide food, water and beverages for the sheriff, the sheriff's deputies, state, national and local law enforcement officers, emergency personnel, county employees and members of the general public who the sheriff requests to assist him and his office while in the performance of search and rescue missions, disasters or other emergency operations.
The board of supervisors may
acquire one or more credit cards * * * that may be used by the sheriff
and his deputies to pay expenses incurred by them when traveling in or out of
state in the performance of their official duties. The chancery clerk or
county purchase clerk shall maintain complete records of all credit card
numbers and all receipts and other documents relating to the use of * * * those credit cards. The sheriff
shall furnish receipts for the use of * * * the credit cards each month to the
chancery clerk or purchase clerk who shall submit a written report monthly to
the board of supervisors, which report shall include an itemized list of all
expenditures and use of the credit cards for the month, and * * * the expenditures may be allowed for
payment by the county in the same manner as other items on the claims docket.
The issuance of a credit card to a sheriff or his deputy under the provisions
of this section shall not be construed to authorize * * * the sheriff or deputy sheriff to
use * * * the
credit card to make any expenditure * * * that is not otherwise authorized
by law.
The board of supervisors is
hereby authorized and empowered, in its discretion, to appropriate and pay a
sum not to exceed * * * One Thousand Dollars ($1,000.00)
annually as a clothing allowance to each plainclothes investigator employed by
the sheriff's office of * * *such that county. The board of supervisors of any
county bordering on the Gulf of Mexico and having a population of more than
thirty-one thousand seven hundred (31,700) but less than thirty-one thousand
eight hundred (31,800) according to the 1990 Federal Census may appropriate and
pay a sum not to exceed * * *Four Hundred Dollars ($ 400) One Thousand Dollars
($1,000.00) annually as a clothing allowance to the administrator of the
county jail.
The board of supervisors shall, at its first meeting of each quarter beginning on October 1, January 1, April 1 and July 1, appropriate a lump sum for the sheriff for the expenses of his office during the current quarter. The quarterly appropriation shall be one-fourth (1/4) of the amount approved in the annual budget unless the sheriff requests a different amount. Except in case of emergency, as provided in the county budget law, the appropriation for the quarter beginning in October of the last year of the sheriff's term shall not exceed one-fourth (1/4) of the annual budget.
The sheriff shall file a
report of all expenses of his office incurred during the preceding month with
the board of supervisors for approval at its regular monthly meeting in a form
to be prescribed by the Director of the State Department of Audit, and upon
filing thereof, and approval by the board, the clerk of the board shall issue
warrants in payment thereof but not to exceed the budget appropriation for that
quarter. Any appropriated funds * * * that are unexpended at the end of
the fiscal year shall remain in the county general fund.
The budget for the sheriff's office may be revised at any regular meeting by the board of supervisors. Upon recommendation of the sheriff, the board may at any regular meeting make supplemental appropriations to the sheriff's office.
Any fees previously required
to be paid by a sheriff shall be paid by the board of supervisors by including
the estimates therefor in the sheriff's budget. All fees and charges for
services heretofore collected by sheriffs shall be collected by * * * the sheriff and paid monthly into
the general fund of the concerned county. However, any fees heretofore
collected by * * *
those sheriffs from the county shall not be paid.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.