MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Ways and Means
By: Representatives Denton, Harness
AN ACT TO AMEND SECTIONS 9-11-7, 9-3-13, 25-34-41, 25-1-12, 27-1-1, 25-1-13, 19-4-9, 19-25-5, 19-19-3, 9-7-123, 19-27-1, 9-5-131, 9-7-121, 9-11-29, 19-3-5, 21-9-21, 21-15-23, 7-7-205, 7-9-7, 7-3-1, 7-1-19, 7-9-5, 7-1-401, 21-3-5, 21-21-1, MISSISSIPPI CODE OF 1972, TO INCREASE THE BOND AMOUNT FOR VARIOUS ELECTED OFFICIALS WHO HANDLE PUBLIC FUNDS BY VIRTUE OF THEIR OFFICE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-11-7, Mississippi Code of 1972, is amended as follows:
9-11-7. Every person
elected a justice court judge shall, before he enters on the duties of the
office, take the oath of office prescribed by Section 155 of the Constitution, and
give bond, with sufficient surety, to be payable, conditioned and approved as
provided by law and in the same manner as other county officers, in a penalty
not less than * * * One Hundred Thousand Dollars ($100,000.00);
and any party interested may proceed on such bond in a summary way, by motion
in any court having jurisdiction of the same, against the principal and surety,
upon giving five (5) days' previous notice.
SECTION 2. Section 9-3-13, Mississippi Code of 1972, is amended as follows:
9-3-13. The clerk of the
Supreme Court, before he enters on the discharge of the duties of his office,
shall take the oath prescribed in the constitution, and enter into bond with at
least two (2) sufficient sureties, to be approved by the court, or in
vacation by two of the judges, payable to the state in the penalty of * * * Sixty Thousand Dollars
($60,000.00), conditioned for the faithful performance of the duties of his
office. The bond shall be recorded in the minutes of the court, and,
immediately thereafter deposited and filed in the Office of the Secretary of State.
SECTION 3. Section 25-34-41, Mississippi Code of 1972, is amended as follows:
25-34-41. (1) An individual qualified under subsection (2) may apply to the Secretary of State for a commission as a notary public. The applicant must comply with and provide the information required by rules established by the Secretary of State and pay any application fee.
(2) An applicant for a commission as a notary public must:
(a) Be at least eighteen (18) years of age;
(b) Be a citizen or permanent legal resident of the United States;
(c) Be a resident of Mississippi for not less than thirty (30) days immediately preceding the date of the application;
(d) Be able to read and write English;
(e) Not be disqualified to receive a commission under Section 25-34-43; and
(f) Meet such other requirements as the Secretary of State may establish by rule.
(3) Before issuance of a commission as a notary public, an applicant for the commission must execute the oath of office prescribed by Section 268 of the Constitution and submit it to the Secretary of State.
(4) Before issuance of a commission
as a notary public, the applicant for a commission must submit to the Secretary
of State an assurance in the form of a surety bond or its functional equivalent
in the amount of * * * Sixty Thousand Dollars ($60,000.00)
pursuant to the rules set forth by the Secretary of State. The assurance must
be issued by a surety or other entity licensed by the Mississippi Department of
Insurance. The assurance must cover acts performed during the term of the
notary public's commission and must be in the form prescribed by the Secretary
of State. If a notary public violates a law with respect to notaries public in
this state, the surety or issuing entity is liable under the assurance. The
surety or issuing entity must give thirty (30) days' notice to the Secretary of
State before canceling the assurance. The surety or issuing entity must notify
the Secretary of State not later than thirty (30) days after making a payment
to a claimant under the assurance. A notary public may perform notarial acts
in this state only during the period that a valid assurance is on file with the
Secretary of State.
(5) On compliance with this section, the Secretary of State shall issue a commission as a notary public to an applicant for a term of four (4) years.
(6) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by the laws of this state on public officials or employees.
SECTION 4. Section 25-1-12, Mississippi Code of 1972, is amended as follows:
25-1-12. (1) Notwithstanding
any other provision of law to the contrary, any public officer or employee handling
or having the custody of public funds, by virtue of his or her office or employment,
shall give an individual bond or be covered by a blanket bond. The amount of such
bonds shall not be less than * * *
Seventy-five Thousand Dollars ($75,000.00) for each public officer or employee,
unless a specific amount is otherwise required by law. The provisions of this section
shall not apply to any public officer or employee whose activity of handling or
having custody of public funds is incidental to his or her employment or job duties,
as defined by the regulations of the State Auditor's office.
(2) All individual bonds and blanket bonds as required by this section shall follow the form and content as provided in Section 25-1-15.
SECTION 5. Section 27-1-1, Mississippi Code of 1972, is amended as follows:
27-1-1. The assessor of
each county, except in those counties wherein the office of assessor and the
office of tax collector are combined as provided in Section 27-1-7, shall take
and file the oath of office required by the Constitution and give bond, with
sufficient surety, to be payable, conditioned and approved as provided by law,
in a penalty equal to * * * One Hundred Thousand Dollars ($100,000.00).
SECTION 6. Section 25-1-13, Mississippi Code of 1972, is amended as follows:
25-1-13. The state officials hereinafter named shall give bond in the penalty specified for each, with surety by one or more guaranty or surety companies authorized to do business in the state. Said bonds shall be approved by the Governor and Commissioner of Insurance and, when so approved, shall be filed and recorded in the Office of the Secretary of State.
The bond of the Auditor of
Public Accounts shall be for * * * Eighty Thousand
Dollars ($80,000.00); the State Treasurer, * * * One
Hundred Fifty Thousand Dollars ($150,000.00); the Land Commissioner, * * * Sixty-five
Thousand Dollars ($65,000.00); each of the public service commissioners, * * * Sixty Thousand
Dollars ($60,000.00); director of the feed and fertilizer division,
Department of Agriculture and Commerce, * * * Sixty Thousand
Dollars ($60,000.00); assistant Secretary of State, * * * Fifty-five
Thousand Dollars ($55,000.00); State Forester, * * * Fifty-five
Thousand Dollars ($55,000.00); sergeant of the guard of the
Penitentiary, * * * Fifty-one Thousand
Dollars ($51,000.00); dispatch sergeant of the State Penitentiary, * * * Fifty-one Thousand
Dollars ($51,000.00).
The official bonds of all other state officers shall continue and remain as to amounts thereof as now fixed elsewhere by law, but said bonds shall be subject to the provisions stated herein for sureties, approval, filing, and premium payment unless otherwise specifically provided.
Premiums paid on all bonds under the provisions of this section shall be paid out of the State Treasury upon warrant of the Auditor, which shall be issued upon the approval of the bonds as herein provided; provided, however, that the said premiums shall be at the lowest rate obtainable. If from any cause such guaranty or surety bond or bonds cannot be obtained, in whole or in part, because of refusal of said guaranty or surety companies, at a reasonable rate in the judgment of the Insurance Commissioner or for other cause, to make such bond or bonds, upon certificate of the Commissioner of Insurance to that effect, the officer or officers having thus been unable to make a bond or bonds may make such bond with personal or individual surety in the required penalty, to be approved by the Governor and filed and recorded as directed herein, together with the certificate of the Commissioner of Insurance attached to the bond.
SECTION 7. Section 19-4-9, Mississippi Code of 1972, is amended as follows:
19-4-9. The county
administrator shall take the official oath of office and shall give bond to the
board of supervisors, with sufficient surety, to be payable, conditioned and
approved as provided by law, in a penalty equal to three percent (3%) of the sum
of all the state and county taxes shown by the assessment rolls and the levies
to have been collectible in the county for the year immediately preceding the
commencement of the term of office for such administrator; however, such bond
shall not exceed the amount of * * * One
Hundred Fifty Thousand Dollars ($150,000.00). The bond premiums shall be
paid from the county general fund or other available funds of the county.
SECTION 8. Section 19-25-5, Mississippi Code of 1972, is amended as follows:
19-25-5. The sheriffs of
the several counties shall give bond, with sufficient surety, to be payable,
conditioned and approved as provided by law and in the same manner as other
county officials, in a penalty equal to * * * One
Hundred Fifty Thousand Dollars ($150,000.00), the premium for which shall
be paid by the county.
SECTION 9. Section 19-19-3, Mississippi Code of 1972, is amended as follows:
19-19-3. Constables shall
take the oath of office prescribed by the Constitution and give bond, with
sufficient surety, to be payable, conditioned and approved as provided by law
and in the same manner as other county officials, in a penalty not less
than * * * One Hundred Thousand Dollars ($100,000.00).
The bond premium for each constable shall be paid from the general county fund
of the respective counties. The board of supervisors of the county may at any
time require such additional sum as it deems necessary.
SECTION 10. Section 9-7-123, Mississippi Code of 1972, is amended as follows:
9-7-123. (1) The clerk of the circuit court shall have power, with the approbation of the court, or of the judge in vacation, to appoint one or more deputies, who shall take the oath of office and may give bond, and who thereupon shall have power to do and perform all the acts and duties which their principal may lawfully do; such approval, when given by the judge in vacation, shall be in writing, and shall be entered on the minutes of the court at the next term.
(2) Each deputy clerk of
the circuit court, before he enters upon the duties of the appointment, shall
take the oath of office, and shall give bond, with sufficient surety, to be
payable, conditioned and approved as provided by law, in a penalty equal to
three percent (3%) of the sum of all the state and county taxes shown by the
assessment rolls and the levies to have been collectible in the county for the
year immediately preceding the commencement of the term of office for the
circuit clerk. However, the amount of such bond shall not be less than * * * One Hundred
Thousand Dollars ($100,000.00) nor more than * * * One
Hundred Fifty Thousand Dollars ($150,000.00). The bond shall cover all
monies coming into the hands of the deputy clerk by law or order of the court. The
board of supervisors, in its discretion, may pay the bond on behalf of the
deputy clerk.
SECTION 11. Section 19-27-1, Mississippi Code of 1972, is amended as follows:
19-27-1. There shall be
elected for each county a surveyor who shall take and subscribe the oath of
office prescribed by the Constitution and give bond, with sufficient surety, to
be payable, conditioned and approved as provided by law and in the same manner
as other county officials, in a penalty not less than * * * One Hundred
Thousand Dollars ($100,000.00).
From and after January 1, 1984, such surveyor shall be a registered land surveyor as provided for in Sections 73-13-71 through 73-13-99. However, this requirement shall not apply to any person who was holding the office of county surveyor by either election or appointment on December 31, 1983.
SECTION 12. Section 9-5-131, Mississippi Code of 1972, is amended as follows:
9-5-131. The clerk of the chancery
court, before he enters upon the duties of the office, shall take the oath of
office and give bond, with sufficient surety, to be payable, conditioned and
approved as provided by law, in a penalty equal to five percent (5%) of the sum
of all the state and county taxes shown by the assessment rolls and the levies
to have been collectible in the county for the year immediately preceding the
commencement of the term of office for such clerk; however, such bond shall not
exceed the amount of * * * One Hundred Fifty Thousand
Dollars ($150,000.00). Such clerk may be required by the court, or the
chancellor in vacation, to give additional bond in any particular case, which
shall be a cumulative security, and shall not in any manner affect the
liability on his official bond for any matter covered by it. His official bond
shall be held to cover all his official acts, and all moneys which may come
into his hands according to law or by order of the court or chancellor.
SECTION 13. Section 9-7-121, Mississippi Code of 1972, is amended as follows:
9-7-121. The clerk of the
circuit court, before he enters upon the duties of the office, shall take the
oath of office, and give bond, with sufficient surety, to be payable, conditioned
and approved as provided by law, in a penalty equal to three percent (3%) of
the sum of all the state and county taxes shown by the assessment rolls and the
levies to have been collectible in the county for the year immediately
preceding the commencement of the term of office for such clerk. However, such
bond shall not exceed the amount of * * * One
Hundred Fifty Thousand Dollars ($150,000.00). And he may be required to
give additional bond from time to time, for the faithful application of all
moneys coming into his hands by law or order of the court; but such additional
bonds shall be cumulative security, and the original bond shall likewise cover
all moneys coming into the hands of the clerk by law or order of the court.
SECTION 14. Section 9-11-29, Mississippi Code of 1972, is amended as follows:
9-11-29. (1) Within ninety (90) days after appointment, every person appointed as clerk of the justice court under the provisions of Section 9-11-27, or a deputy clerk designated to receive training under Section 9-11-27, shall file annually in the office of the circuit clerk a certificate of completion of a course of training and education conducted by the Mississippi Judicial College of the University of Mississippi Law Center. The training course shall be known as the "Justice Court Clerks Training Course" and shall consist of at least twelve (12) hours of instruction. The contents of the courses and when and where the courses are to be conducted shall be determined by the judicial college. The judicial college shall issue a certificate of completion to the clerks and deputy clerks who complete a course.
(2) Every person appointed
as clerk and deputy clerk of the justice court shall, before entering into the
duties of the position, give bond, with sufficient surety, to be payable,
conditioned and approved as provided by law and in the same manner as other
county officers, in a penalty equal to * * * One Hundred
Thousand Dollars ($100,000.00); and any party interested may proceed on
such bond in a summary way, by motion in any court having jurisdiction of the
same, against the principal and sureties, upon giving five (5) days' previous
notice. The cost of the bond shall be paid by the county.
(3) Upon the failure of any person appointed as clerk of the justice court to file the certificates of completion as provided in subsection (1) of this section, that person shall not be allowed to carry out any of the duties of the office of clerk of the justice court, and shall not be entitled to compensation for the period of time during which the required certificates remain unfiled.
SECTION 15. Section 19-3-5, Mississippi Code of 1972, is amended as follows:
19-3-5. Each member of the
board of supervisors, before entering upon the duties of his office, shall give
bond, with sufficient surety, to be payable, conditioned and approved as
provided by law, in a penalty equal to five percent (5%) of the sum of all the
state and county taxes shown by the assessment rolls and the levies to have
been collectible in the county for the year immediately preceding the
commencement of the term of office of said member; however, such bond shall not
exceed the amount of * * * One Hundred Fifty Thousand
Dollars ($150,000.00). Furthermore, any taxpayer of the county may sue on
such bond for the use of the county, and such taxpayer shall be liable for all
costs in case his suit shall fail. No member of the board shall be surety for
any other member.
SECTION 16. Section 21-9-21, Mississippi Code of 1972, is amended as follows:
21-9-21. In a city in which the council-manager plan of government is in effect under the provisions of this chapter, no city official or employee shall be elected by the voters except members of the council and the mayor. All other officials and employees shall be appointed as hereinafter provided.
The city council shall
require all officers and employees handling or having the custody of any of the
public funds of such municipality to give bond, with sufficient surety, to be
payable, conditioned and approved as provided by law, in an amount to be
determined by the council (which shall not be less than * * * One Hundred
Thousand Dollars ($100,000.00)), the premium on which bonds shall be paid
by the city.
SECTION 17. Section 21-15-23, Mississippi Code of 1972, is amended as follows:
21-15-23. Every city in the State of Mississippi, whether operating under a code charter, a special charter, or commission form of government, acting through its governing authorities, is hereby authorized and empowered, by resolution or ordinance duly adopted, to appoint one or more deputy city clerks, each of whom shall have all of the power and authority that is vested in the city clerk of such city. Such governing authorities shall have the right to pay such salary to such deputy city clerk, or clerks, as may be fixed in the resolution or ordinance appointing such deputy city clerk, but not exceeding the salary paid to the city clerk.
Every deputy city clerk so appointed shall serve at the will and pleasure of said governing authorities and may be removed at any time at the pleasure of such municipal governing authorities, and upon such removal all salaries or fees of such deputy city clerk shall thereupon cease.
Every deputy city clerk,
before entering upon the duties of his office, shall take and subscribe the
same oath required of the city clerk. The appointment of said deputy city
clerk, with the certificate of the oath, shall be filed and preserved in the
office of the clerk of the governing authorities of such city. Such deputy
city clerk shall give bond, with sufficient surety, to be payable, conditioned
and approved as provided by law, in an amount to be determined by the governing
authority (which shall be not less than * * * One Hundred
Thousand Dollars ($100,000.00)).
SECTION 18. Section 7-7-205, Mississippi Code of 1972, is amended as follows:
7-7-205. The director, the
assistant director, and all accountants and auditors of the department shall be
required to execute surety bonds in such amounts as the state auditor may deem
sufficient to ensure faithful performance of duties and financial accountability,
provided the amount of such bond of the director shall not be less than * * *
Seventy-five Thousand Dollars ($75,000.00). The costs of such bonds shall
be paid out of the department of audit fund in the same manner as other
expenses are paid.
SECTION 19. Section 7-9-7, Mississippi Code of 1972, is amended as follows:
7-9-7. It shall be the duty
of the bond clerk to keep a record of all bonds or other securities coming into
the possession of the state treasury and to do and perform any other duties
required of him by the treasurer. Said clerk shall, before entering upon the
duties of his office, execute a good and sufficient bond payable to the state
treasurer, in some surety company authorized to do business in Mississippi, in
the sum of * * * One Hundred Thousand Dollars ($100,000.00),
said bond to be conditioned for the faithful discharge of the duties of such
clerk and shall be liable for any misfeasance, malfeasance, mistakes, or
misappropriations of said clerk, the premium on said bond to be paid as the
premium on the State Treasurer's bond is paid. The provisions of this section
and the bond required shall in no way alter or change the duties,
responsibilities, and liabilities of the State Treasurer.
SECTION 20. Section 7-3-1, Mississippi Code of 1972, is amended as follows:
7-3-1. The Secretary of State
shall give bond to the state in the penalty of * * * One Hundred
Thousand Dollars ($100,000.00), with two or more sufficient sureties to be
approved by the Governor, conditioned according to law. When approved, said
bond shall be filed and preserved in the office of the clerk of the Supreme
Court.
SECTION 21. Section 7-1-19, Mississippi Code of 1972, is amended as follows:
7-1-19. For the purpose of seeing
that the laws are faithfully executed and for the purpose of suppressing crimes
of violence and acts of intimidation and terror, the Governor is hereby authorized
to employ such investigators and other qualified personnel as he or she may
deem necessary to make investigation of crimes of violence and acts of terrorism
or intimidation, and to aid in the arrest and prosecution of persons charged with
such crimes of violence, acts of terrorism or intimidation, or threats of violence.
Such investigators and other personnel so employed by the Governor shall have full
power to investigate, apprehend, and arrest persons committing acts of violence,
intimidation, or terrorism anywhere in the state, and shall be vested with the power
of police officers in the performance of such duties as set out herein. Such investigators
and other personnel shall perform their duties under the direction of the Governor.
Each such regularly employed investigator shall enter into an official bond in the
sum of * * * Fifty-two Thousand Five Hundred Dollars
($2,500.00) for the faithful performance of his or her duties, the bond
premiums to be paid by the Governor out of the appropriations made for the enforcement
of the provisions of Sections 7-1-19 through 7-1-23. Said bonds shall be kept by
the Governor without a public record of same being required.
The Governor shall also be authorized to employ, upon a temporary basis from time to time, such additional investigators and other personnel as he or she may deem necessary to carry out the purposes of the cited sections, who may not be required to give bond.
The Governor shall be authorized to offer and pay suitable rewards to other persons for aiding in such investigation and in the apprehension and conviction of persons charged with acts of violence, or threats of violence, or intimidation, or acts of terrorism.
SECTION 22. Section 7-9-5, Mississippi Code of 1972, is amended as follows:
7-9-5. The State Treasurer shall
be entitled to a bookkeeper, a chief clerk, a bond clerk, and a stenographer to
assist him in the discharge of the duties of his office; and he may appoint a deputy
who shall possess all the powers and may perform any of the duties of the treasurer.
If a deputy treasurer be appointed, he shall also perform all the duties of the
chief clerk and shall receive the salary of such clerk, and thereafter no chief
clerk shall be employed. The bond of the said deputy shall be * * * One
Hundred Fifty Thousand Dollars ($150,000.00), and the premium thereon shall
be paid as other premiums of state officers.
SECTION 23. Section 7-1-401, Mississippi Code of 1972, is amended as follows:
7-1-401. There is hereby created
within the Bureau of Budget and Fiscal Management of the State Fiscal
Management Board a division to be known as the "State Bond Advisory
Division." The State Fiscal Management Board shall appoint a director,
who shall have knowledge in the field of state governmental operation and of
the state's fiscal and economic affairs and shall employ such other technical,
professional and clerical help as he deems necessary. The director shall,
before entering upon the duties of his appointment, execute a good and
sufficient bond payable to the state in some surety company qualified and doing
business in the State of Mississippi in the penal sum of * * * One Hundred
Thousand Dollars ($100,000.00), conditioned upon the faithful performance
of his duties as required by law. The premium on said bond shall be paid as the
premium on the Governor's bond.
SECTION 24. Section 21-3-5, Mississippi Code of 1972, is amended as follows:
21-3-5. From and after the
expiration of the terms of office of present municipal officers, the mayor and
board of aldermen of all municipalities operating under this chapter shall have
the power and authority to appoint a street commissioner, and such other
officers and employees as may be necessary, and to prescribe the duties and fix
the compensation of all such officers and employees. All officers and
employees so appointed shall hold office at the pleasure of the governing
authorities and may be discharged by such governing authorities at any time,
either with or without cause. The governing authorities of municipalities
shall have the power and authority, in their discretion, to appoint the same person
to any two (2) or more of the appointive offices, and in a municipality having
a population of less than fifteen thousand (15,000), according to the latest * * * federal decennial census, a
member of the board of aldermen may be appointed to the office of street
commissioner. In municipalities not having depositories, the clerk shall serve
as ex officio treasurer. The municipal governing authorities shall require all
officers and employees handling or having the custody of any public funds of
such city to give bond, with sufficient surety, to be payable, conditioned and
approved as provided by law, in an amount to be determined by the governing
authority (which shall be not less than * * * One Hundred
Thousand Dollars ($100,000.00)), the premium on same to be paid from the
municipal treasury. The terms of office or employment of all officers and
employees so appointed shall expire at the expiration of the term of office of
the governing authorities making the appointment, unless such officers or
employees shall have been sooner discharged as herein provided. All officers
and employees so appointed are authorized to serve until the appointment and qualification
of their successors not exceeding the limitation period provided in Section 21-15-41.
SECTION 25. Section 21-21-1, Mississippi Code of 1972, is amended as follows:
21-21-1. The marshal or
chief of police shall be the chief law enforcement officer of the municipality
and shall have control and supervision of all police officers employed by said
municipality. The marshal or chief of police shall be an ex officio constable
within the boundaries of the municipality, and he shall perform such other
duties as shall be required of him by proper ordinance. Before performing any
of the duties of his office, the marshal or chief of police shall give bond,
with sufficient surety, to be payable, conditioned and approved as provided by
law, in an amount to be determined by the municipal governing authority (which
shall be not less than * * * One Hundred Thousand Dollars ($100,000.00)).
The premium upon said bond shall be paid from the municipal treasury. If any
marshal or chief of police shall fail to perform any of the duties of his
office, it shall be the duty of the district attorney or county attorney upon
receiving notice thereof to immediately file quo warranto proceedings against
such official.
The provisions of this section shall be applicable to all municipalities of this state, whether operating under a code charter, special charter, or the commission form of government, except in cases of conflict between the provisions of this section and the provisions of the special charter of a municipality, or the law governing the commission form of government, in which case of conflict the provisions of the special charter or the statutes relative to the commission form of government shall control.
SECTION 26. This act shall take effect and be in force from and after July 1, 2024.