Mississippi SB 2813: County officials; increase the salaries of certain.

Bill Text

S. B. No. 2813 *SS26/R969* ~ OFFICIAL ~ G3/5
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To: Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2022

By: Senator(s) Moran

SENATE BILL NO. 2813

AN ACT TO INCREASE THE COMPENSATION PAID TO CERTAIN COUNTY 1
OFFICIALS; TO AMEND SECTION 9-1-43, MISSISSIPPI CODE OF 1972, TO 2
INCREASE THE LIMIT ON THE COMPENSATION FOR CHANCERY CLERKS AND 3
CIRCUIT CLERKS; TO BRING FORWARD SECTION 25-60-5, MISSISSIPPI CODE 4
OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 5
25-3-3, MISSISSIPPI CODE OF 1972, TO REVISE THE SALARIES OF COUNTY 6
ASSESSORS OR TAX COLLECTORS, OR BOTH IF THE OFFICE OF ASSESSOR HAS 7
BEEN COMBINED WITH THE OFFICE OF TAX COLLECTOR; TO BRING FORWARD 8
SECTION 25-3-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDES A CAP ON 9
THE SALARIES OF TAX ASSESSORS, FOR THE PURPOSE OF POSSIBLE 10
AMENDMENT; TO AMEND SECTION 23-15-225, MISSISSIPPI CODE OF 1972, 11
TO REVISE THE COMPENSATION PAID TO REGISTRARS; AND FOR RELATED 12
PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. Section 9-1-43, Mississippi Code of 1972, is 15
amended as follows: 16
9-1-43. (1) After making deductions for employer 17
contributions paid by the chancery or circuit clerk to the Public 18
Employees' Retirement System under Sections 25-11-106.1 and 19
25-11-123(f)(4), employee salaries and related salary expenses, 20
and expenses allowed as deductions by Schedule C of the Internal 21
Revenue Code, no office of the chancery clerk or circuit clerk of 22
any county in the state shall receive fees as compensation for the 23

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chancery clerk's or circuit clerk's services in excess of * * * 24
Ninety-nine Thousand Dollars ($99,000.00). All such fees received 25
by the office of chancery or circuit clerks that are in excess of 26
the salary limitation shall be deposited by such clerk into the 27
county general fund on or before April 15 for the preceding 28
calendar year. If the chancery clerk or circuit clerk serves less 29
than one (1) year, then he or she shall not receive as 30
compensation any fees in excess of that portion of the salary 31
limitation that can be attributed to his or her time in office on 32
a pro rata basis. Upon leaving office, income earned by any clerk 33
in his or her last full year of office but not received until 34
after his or her last full year of office shall not be included in 35
determining the salary limitation of the successor clerk. There 36
shall be exempted from the provisions of this subsection any 37
monies or commissions from private or governmental sources which: 38
(a) are to be held by the chancery or circuit clerk in a trust or 39
custodial capacity as prescribed in subsections (4) and (5); or 40
(b) are received as compensation for services performed upon order 41
of a court or board of supervisors which are not required of the 42
chancery clerk or circuit clerk by statute. 43
(2) It shall be unlawful for any chancery clerk or circuit 44
clerk to use fees in excess of * * * Ninety-nine Thousand Dollars 45
($99,000.00), to pay the salaries or actual or necessary expenses 46
of employees who are related to such clerk by blood or marriage 47
within the first degree of kinship according to the civil law 48

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method of computing kinship as provided in Sections 1-3-71 and 49
1-3-73. However, the prohibition of this subsection shall not 50
apply to any individual who was an employee of the clerk's 51
office * * * before the date his or her relative was elected as 52
chancery or circuit clerk. The spouse and/or any children of the 53
chancery clerk or circuit clerk employed in the office of the 54
chancery clerk may be paid a salary; however, the combined annual 55
salaries of the clerk, spouse and any child of the clerk may not 56
exceed an amount equal to the salary limitation. 57
(3) The chancery clerk and the circuit clerk shall be liable 58
on their official bond for the proper deposit and accounting of 59
all monies received by his or her office. The State Auditor shall 60
promulgate uniform accounting methods for the accounting of all 61
sources of income by the offices of the chancery and circuit 62
clerk. 63
(4) There is created in the county depository of each county 64
a clearing account to be designated as the "chancery court clerk 65
clearing account," into which shall be deposited: (a) all such 66
monies as the clerk of the chancery court shall receive from any 67
person complying with any writ of garnishment, attachment, 68
execution or other like process authorized by law for the 69
enforcement of child support, spousal support or any other 70
judgment; (b) any portion of any fees required by law to be 71
collected in civil cases which are to pay for the service of 72
process or writs in another county; and (c) any other money as 73

S. B. No. 2