MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary A
By: Representative Anthony
AN ACT TO AMEND SECTION 9-1-43, MISSISSIPPI CODE OF 1972, TO INCREASE THE LIMIT ON THE COMPENSATION FOR CHANCERY CLERKS AND CIRCUIT CLERKS; TO AMEND SECTION 25-7-9, MISSISSIPPI CODE OF 1972, TO REVISE THE FILING FEES CHARGED BY CHANCERY CLERKS FOR THE RECORDING OF DOCUMENTS; TO BRING FORWARD SECTION 25-60-5, 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 9-1-43, Mississippi Code of 1972, is amended as follows:
9-1-43. (1) After making
deductions for employer contributions paid by the chancery or circuit clerk to
the Public Employees' Retirement System under Sections 25-11-106.1 and 25-11-123(f)(4),
employee salaries and related salary expenses, and expenses allowed as
deductions by Schedule C of the Internal Revenue Code, no office of the
chancery clerk or circuit clerk of any county in the state shall receive fees
as compensation for the chancery clerk's or circuit clerk's services in excess
of * * * Ninety-nine Thousand Dollars ($99,000.00).
All such fees received by the office of chancery or circuit clerks that are in
excess of the salary limitation shall be deposited by such clerk into the
county general fund on or before April 15 for the preceding calendar year. If
the chancery clerk or circuit clerk serves less than one (1) year, then he or
she shall not receive as compensation any fees in excess of that
portion of the salary limitation that can be attributed to his or her
time in office on a pro rata basis. Upon leaving office, income earned by any
clerk in his or her last full year of office but not received until
after his or her last full year of office shall not be included in determining
the salary limitation of the successor clerk. There shall be exempted from the
provisions of this subsection any monies or commissions from private or
governmental sources which: (a) are to be held by the chancery or circuit
clerk in a trust or custodial capacity as prescribed in subsections (4) and
(5); or (b) are received as compensation for services performed upon order of a
court or board of supervisors which are not required of the chancery clerk or
circuit clerk by statute.
(2) It shall be unlawful
for any chancery clerk or circuit clerk to use fees in excess of * * * Ninety-nine
Thousand Dollars ($99,000.00), to pay the salaries or actual or necessary
expenses of employees who are related to such clerk by blood or marriage within
the first degree of kinship according to the civil law method of computing
kinship as provided in Sections 1-3-71 and 1-3-73. However, the prohibition of
this subsection shall not apply to any individual who was an employee of the
clerk's office * * * before the date his or her relative was elected as
chancery or circuit clerk. The spouse and/or any children of the chancery
clerk or circuit clerk employed in the office of the chancery clerk may be paid
a salary; however, the combined annual salaries of the clerk, spouse and any
child of the clerk may not exceed an amount equal to the salary limitation.
(3) The chancery clerk and the circuit clerk shall be liable on their official bond for the proper deposit and accounting of all monies received by his or her office. The State Auditor shall promulgate uniform accounting methods for the accounting of all sources of income by the offices of the chancery and circuit clerk.
(4) There is created in the county depository of each county a clearing account to be designated as the "chancery court clerk clearing account," into which shall be deposited: (a) all such monies as the clerk of the chancery court shall receive from any person complying with any writ of garnishment, attachment, execution or other like process authorized by law for the enforcement of child support, spousal support or any other judgment; (b) any portion of any fees required by law to be collected in civil cases which are to pay for the service of process or writs in another county; and (c) any other money as shall be deposited with the court which by its nature is not, at the time of its deposit, public monies, but which is to be held by the court in a trust or custodial capacity in a case or proceeding before the court. The clerk of the chancery court shall account for all monies deposited in and disbursed from such account and shall be authorized and empowered to draw and issue checks on such account at such times, in such amounts and to such persons as shall be proper and in accordance with law.
The following monies paid to the chancery clerk shall be subject to the salary limitation prescribed under subsection (1): (a) all fees required by law to be collected for the filing, recording or abstracting of any bill, petition, pleading or decree in any civil case in chancery; (b) all fees collected for land recordings, charters, notary bonds, certification of decrees and copies of any documents; (c) all land redemption and mineral documentary stamp commissions; and (d) any other monies or commissions from private or governmental sources for statutory functions which are not to be held by the court in a trust capacity. Such fees as shall exceed the salary limitations shall be maintained in a bank account in the county depository and accounted for separately from those monies paid into the chancery court clerk clearing account.
(5) There is created in the county depository in each county a clearing account to be designated as the "circuit court clerk civil clearing account," into which shall be deposited: (a) all such monies and fees as the clerk of the circuit court shall receive from any person complying with any writ of garnishment, attachment, execution or any other like process authorized by law for the enforcement of a judgment; (b) any portion of any fees required by law or court order to be collected in civil cases; (c) all fees collected for the issuance of marriage licenses; and (d) any other money as shall be deposited with the court which by its nature is not, at the time of its deposit, public monies but which is to be held by the court in a trust or custodial capacity in a case or proceeding before the court.
There is created in the county depository in each county a clearing account to be designated as the "circuit court clerk criminal clearing account," into which shall be deposited: (a) all such monies as are received in criminal cases in the circuit court pursuant to any order requiring payment as restitution to the victims of criminal offenses; (b) any portion of any fees and fines required by law or court order to be collected in criminal cases; and (c) all cash bonds as shall be deposited with the court. The clerk of the circuit court shall account for all monies deposited in and disbursed from such account and shall be authorized and empowered to draw and issue checks on such account, at such times, in such amounts and to such persons as shall be proper and in accordance with law; however, such monies as are forfeited in criminal cases shall be paid by the clerk of the circuit court to the clerk of the board of supervisors for deposit in the general fund of the county.
The following monies paid to the circuit clerk shall be subject to the salary limitation prescribed under subsection (1): (a) all fees required by law to be collected for the filing, recording or abstracting of any bill, petition, pleading or decree in any civil action in circuit court; (b) copies of any documents; and (c) any other monies or commissions from private or governmental sources for statutory functions which are not to be held by the court in a trust capacity.
(6) The chancery clerk and the circuit clerk shall establish and maintain a cash journal for recording cash receipts from private or government sources for furnishing copies of any papers of record or on file, or for rendering services as a notary public, or other fees wherein the total fee for the transaction is Ten Dollars ($10.00) or less. The cash journal entry shall include the date, amount and type of transaction, and the clerk shall not be required to issue a receipt to the person receiving such services. The State Auditor shall not take exception to the furnishing of copies or the rendering of services as a notary by any clerk free of charge.
In any county having two (2) judicial districts, whenever the chancery clerk serves as deputy to the circuit clerk in one (1) judicial district and the circuit clerk serves as deputy to the chancery clerk in the other judicial district, the chancery clerk may maintain a cash journal, separate from the cash journal maintained for chancery clerk receipts, for recording the cash receipts paid to him or her as deputy circuit clerk, and the circuit clerk may maintain a cash journal, separate from the cash journal maintained for circuit clerk receipts, for recording the cash receipts paid to him or her as deputy chancery clerk. The cash receipts collected by the chancery clerk in his or her capacity as deputy circuit clerk and the cash receipts collected by the circuit clerk in his or her capacity as deputy chancery clerk shall be subject to the salary limitation prescribed under subsection (1).
(7) Any clerk who knowingly shall fail to deposit funds or otherwise violate the provisions of this section shall be guilty of a misdemeanor in office and, upon conviction thereof, shall be fined in an amount not to exceed double the amount that he or she failed to deposit, or imprisoned for not to exceed six (6) months in the county jail, or be punished by both such fine and imprisonment.
SECTION 2. Section 25-7-9, Mississippi Code of 1972, is amended as follows:
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) * * * Certifying copies of filed
documents, for each complete document..................................... $
1.00
(b) * * * Recording each deed, will, lease,
amendment, subordination, lien, release, cancellation, order, decree, oath,
etc., per book and page listed where applicable, each deed of trust, or any
other document for the first * * * five (5) pages
.....................................................$ * * * 25.00
Each additional page........................ $ 1.00
* * *
( * * *dc) (i) Recording oil and gas leases, cancellations,
etc., including indexing in general indices; for the first fifteen (15) pages................................................. $
18.00
Each additional page................... $ 1.00
(ii) Sectional index entries per section or subdivision lot...................................................... $ 1.00
(iii) Recording each oil and gas assignment
per assignee for each book and page listed............ $ 18.00
( * * *d) (i) Furnishing copies of any
papers of record or on file:
If performed by the clerk or his or her employee,
per page.............................................. $ .50
If performed by any other person,
per page.............................................. $ .25
(ii) Entering marginal notations on
documents of record................................... $ 1.00
( * * *fe) For each day's attendance on the board of
supervisors, for himself or herself and one (1) deputy,
each.....................................................$ 20.00
( * * *gf) For other services as clerk of the board of
supervisors an allowance shall be made to him or her (payable
semiannually at the July and January meetings) out of the county treasury, an
annual sum not exceeding..................................... $3,000.00
( * * *g) For each day's attendance on the
chancery court, to be approved by the chancellor:
For the first chancellor
sitting only, clerk and two (2) deputies, each................................... $
* * * 85.00
For the second chancellor sitting,
clerk only....................................... $
* * * 85.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his or her deputies for attending chancery court.
( * * *h) On order of the court, clerks and
not more than two (2) deputies may be allowed five (5) extra days for each term
of court for attendance upon the court to get up records.
( * * *ji) For public service not otherwise specifically
provided for, the chancery court may by order allow the clerk to be paid by the
county on the order of the board of supervisors, an annual sum not exceeding............................................. $5,000.00
( * * *j) For each civil filing, to be
deposited into the Civil Legal Assistance Fund................................. $
5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following * * * fee shall be a total fee for all
services performed by the clerk with respect to * * * any civil case filed that
includes, but is not limited to, divorce, alteration of birth or marriage
certificate, removal of minority, guardianship or conservatorship, estate of
deceased, adoption, land dispute injunction, settlement of small claim,
contempt, modification, partition suit, or commitment which shall be
payable upon filing and shall accrue to the chancery clerk at the time of
filing. The clerk or his or her successor in office shall perform all
duties set forth without additional compensation or fee to wit:
.......................................................... $85.00
* * *
(3) For every civil case filed:
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established
in Section 9-21-14....................................... $10.00
(b) An additional fee to be deposited to the
credit of the Judicial System Operation Fund established in
Section 9-21-45.......................................... $40.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
SECTION 3. Section 25-60-5, Mississippi Code of 1972, is brought forward as follows:
25-60-5. (1) Except as provided in subsection (2) of this section, any county or municipal official or employee who accepts documents for filing as public records shall, in addition to any other fee provided elsewhere by law, collect a fee of One Dollar ($1.00) for each document so filed. In municipalities and counties that collect Three Hundred Dollars ($300.00) or more per month from the filing fee, the official or employee collecting the fee shall, on or before the last day of each month, deposit the avails of Fifty Cents (50˘) of the fee into the general fund of the county or municipality, as appropriate, and remit the remainder to the State Treasurer who shall deposit it to the credit of a statewide local government records management fund which is hereby created in the State Treasury. In municipalities and counties that collect less than Three Hundred Dollars ($300.00) per month from the filing fee, the avails of Fifty Cents (50˘) of the fee shall be remitted to the State Treasurer on a quarterly basis for deposit as provided in the previous sentence. Any monies remaining in the fund at the end of a fiscal year shall not lapse into the General Fund of the State Treasury. Counties and municipalities shall expend monies derived from the fee hereinabove imposed solely to support proper management of their official records in accordance with records management standards established by the Department of Archives and History. Monies in the Local Government Records Management Fund shall be expended by the Department of Archives and History, pursuant to legislative appropriation, to support the Local Government Records Office of the department and to support a local records management grant program as funds permit.
(2) The fee provided in subsection (1) of this section shall not be collected in any county until the board of supervisors, by resolution spread upon its minutes, determines that it will collect the fee.
(3) Each municipality and participating county may collect the filing fee provided for in this section on filings in any court subject to their respective jurisdiction.
SECTION 4. This act shall take effect and be in force from and after October 1, 2019.