County Government Legal Digest 2006
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COUNTY GOVERNMENT LEGAL DIGEST 2006 OFFICE OF THE STATE AUDITOR PHIL BRYANT Auditor Office of the State Auditor Division of Technical Assistance DIGEST OF PARTS OF MISSISSIPPI CODE OF 1972 AFFECTING COUNTY AFFAIRS October 2006 2 INTRODUCTION The Office of the State Auditor, Division of Technical Assistance, is pleased to present the Digest of Parts of Mississippi Code of 1972 Affecting County Affairs, also referred to as the County Government Legal Digest, revised through the 2003 regular session of the Mississippi Legislature. This publication provides a convenient reference guide to the Mississippi Code for those having responsibility at the county government level. It directs the user to pertinent code sections and presents them in full length or summary form, or directs the user to the relevant section of the Mississippi Code. However, persons wishing to research legal questions in detail should refer directly to the Mississippi Code. The Digest is published as a service of the Office of the State Auditor. First used only within the Office, the publication has evolved into a dependable code reference source for county officials, county attorneys and others who hold county government level responsibility. The Digest is organized by Code Title and Chapter. Some Chapters are listed only by reference number, but most are summarized, and some contain editorial remarks (shown in brackets). An index aligning subjects with code sections follows the text. The index is a particularly valuable research tool, and contains some references to code sections not included in the text. Questions or suggestions regarding this publication should be directed to the Division of Technical Assistance at 1-800-321-1275. Copies are available at cost from the Office of the State Auditor, Division of Technical Assistance, PO Box 956, Jackson, Ms, 39205. 3 TABLE OF CONTENTS TITLE 1. LAWS AND STATUTES Chapter 1. Code of 1972 Chapter 3. Construction of Statutes TITLE 3. STATE SOVEREIGNTY, JURISDICTION AND HOLIDAYS Chapter 3. State Boundaries, Holidays, etc. TITLE 7. EXECUTIVE DEPARTMENT Chapter 1. Governor Chapter 3. Secretary of State Chapter 5. Attorney General Chapter 7. Department of Audit Chapter 11. Secretary of State TITLE 9. COURTS Chapter 1. Provisions Common to Courts Chapter 5. Chancery Courts, Jurisdiction, Powers and Authority, Chancery Clerks Chapter 7. Circuit Courts, Jurisdiction, Powers and Authority, Circuit Clerks Chapter 9. County Courts Chapter 11. Justice Court Judges Chapter 13. Court Reporters and Court Reporting Chapter 21. Administrative Office of Courts TITLE 11. CIVIL PRACTICE AND PROCEDURE Chapter 1. Practice and Procedure Provisions Common to Courts Chapter 7. Practice and Procedure in Circuit Courts Chapter 9. Practice and Procedure in County Courts and Before Justices of the Peace Chapter 13. Injunctions Chapter 27. Eminent Domain Chapter 35. Garnishment Chapter 45. Suits by and against the State or its Political Subdivisions Chapter 46. Immunity of State and Political Subdivisions from Liability and Suit for Torts and Torts of Employees Chapter 47. Lis Pendens Chapter 51. Appeals Chapter 53. Costs TITLE 13. EVIDENCE, PROCESS AND JURIES Chapter 1. Evidence Chapter 3. Process, Notice and Publication Chapter 5. Juries Chapter 7. State Grand Jury Act TITLE 15. LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS Chapter 1. Limitations of Actions Chapter 3. Prevention of Frauds 4 TITLE 17. LOCAL GOVERNMENT-PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES Chapter 1. Zoning and Planning Chapter 3. Promotion of Trade, Conventions and Tourism Chapter 5. Jails, Waterworks and Other Improvements Chapter 7. Removal of Local Governments in Emergencies Chapter 9. Lease of Mineral Lands Other Than Sixteenth Section or Lieu Lands Chapter 11. Gulf Regional District Law Chapter 13. Interlocal Cooperation of Governmental Units Chapter 15. Human Resource Agencies Chapter 17. Solid Wastes Disposal Chapter 18. Mississippi Hazardous Waste Facility Siting Act of 1990 Chapter 19. Appropriations to Planning and Development Districts Chapter 21. Finance and Taxation Chapter 23. Rural Fire Truck Acquisition Assistance Program Chapter 25. Transaction of Business with Local Governments TITLE 19. COUNTIES AND COUNTY OFFICERS Chapter 1. County Boundaries Chapter 2. County Government Reorganization Act Chapter 3. Board of Supervisors Chapter 4. County Administrator Chapter 5. Health, Safety and Public Welfare Chapter 7. Property and Facilities Chapter 9. Finance and Taxation Chapter 11. County Budget Chapter 13. Contracts, Claims and Transactions of Business with Counties Chapter 15. Records and Recording Chapter 17. County Auditors Chapter 19. Constables Chapter 21. Coroner Chapter 23. County Attorneys Chapter 25. Sheriffs Chapter 27. Surveyors and Surveys Chapter 29. Local and Regional Railroad Authorities TITLE 23. ELECTIONS Chapter 15. Mississippi Election Code TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS Chapter 1. Public Officers; General Provisions Chapter 3. Salaries and Compensation Chapter 4. Ethics in Government Chapter 7. Fees Chapter 9. Statewide Personnel System Chapter 11. Social Security and Public Employees' Retirement Chapter 14. Government Employees' Deferred Compensation Plan Law Chapter 15. Group Insurance for Public Employees Chapter 31. District Attorneys Chapter 32. Public Defenders Chapter 41. Open Meetings 5 TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (CONTINUED) Chapter 43. Administrative Procedures Chapter 51. State Depository for Public Documents Chapter 53. Department of Information Technology Services (MDITS) Chapter 55. Lost Records Chapter 58. Geographic Information Sheet and Multipurpose Cadastre Chapter 59. Archives and Records Management Chapter 60. Local Government Records Chapter 61. Public Access to Public Records TITLE 27. TAXATION AND FINANCE Chapter 1. Assessors and County Tax Collectors Chapter 3. State Tax Commission Chapter 5. Motor Vehicle Comptroller Chapter 15. Statewide Privilege Taxes Chapter 17. Local Privilege Taxes Chapter 19. Motor Vehicle Privilege and Excise Taxes Chapter 25. Severance Taxes Chapter 27. Vending and Amusement Machine Taxes Chapter 29. Ad Valorem Taxes--General Provisions Chapter 31. Ad Valorem Taxes--General Exemptions Chapter 33. Ad Valorem Taxes--Homestead Exemptions Chapter 35. Ad Valorem Taxes--Assessment Chapter 37. Ad Valorem Taxes--T.V.A. Lieu Payments Chapter 39. Ad Valorem Taxes--State and Local Levies Chapter 41. Ad Valorem Taxes--Collection Chapter 43. Ad Valorem Taxes--Notice of Sale Chapter 45. Ad Valorem Taxes--Redemption of Land Sold for Taxes Chapter 49. Ad Valorem Taxes--Insolvencies Chapter 51. Ad Valorem Taxes--Motor Vehicles Chapter 53. Ad Valorem Taxes--Mobile Homes Chapter 65. Sales Tax Chapter 71. Alcoholic Beverage Taxes Chapter 105. Depositories Chapter 107. Disaster Relief TITLE 29. PUBLIC LANDS, BUILDINGS AND PROPERTY Chapter 1. Public Lands Chapter 3. Sixteenth Section and Lieu Lands TITLE 31. PUBLIC BUSINESS, BONDS AND OBLIGATIONS Chapter 5. Public Works Contracts Chapter 7. Public Purchases, Implementation of Central Purchasing by Counties Chapter 8. Acquisition of Public Buildings, Facilities, and Equipment Through Rental Contracts Chapter 13. Validation of Public Bonds Chapter 15. Refunding Bonds Chapter 19. Public Debts TITLE 33. MILITARY AFFAIRS Chapter 1. General Provisions 6 Chapter 15. Civilian Defense TITLE 35. WAR VETERANS AND PENSIONS Chapter 3. War Veterans, Miscellaneous Provisions TITLE 39. LIBRARIES, ARTS, ARCHIVES AND HISTORY Chapter 3. Libraries and Library Commission Chapter 5. Archives and History Chapter 13. Historic Preservation Districts and Landmarks Chapter 15. Municipal and County Funds to Support the Arts TITLE 41. PUBLIC HEALTH Chapter 3. Health Boards and Officers Chapter 13. Community Hospitals Chapter 19. Mental Retardation Services Chapter 21. Mentally Ill and Mentally Retarded Persons Chapter 23. Contagious Diseases Chapter 27. Mosquito Control Chapter 31. Commitment of Alcoholics Chapter 33. Tuberculosis Chapter 37. Autopsies Chapter 39. Disposition of Human Bodies or Parts Chapter 43. Cemeteries and Burial Grounds Chapter 55. Public Ambulance Service Chapter 57. Vital Statistics Chapter 59. Emergency Medical Services Chapter 61. Mississippi Medical Examiner Act Chapter 67. Individual Onsite Wastewater Disposal System TITLE 43. PUBLIC WELFARE Chapter 1. County Department of Public Welfare Chapter 9. Old Age Assistance Chapter 15. Child Welfare Chapter 21. Youth Court Chapter 27. Department of Youth Services Chapter 31. Poor Persons Chapter 33. Housing and Housing Authorities Chapter 37. Acquisition of Real Property for use in Federal Aid Projects TITLE 45. PUBLIC SAFETY Chapter 1. Department of Public Safety Chapter 4. County Jail Officers Training Program Chapter 5. Law Enforcement Officers Training Academy Chapter 6. Law Enforcement Officers Training Program Chapter 7. County Patrol Officers Chapter 11. Uniform Minimum Training Standards for Firefighters TITLE 47. PRISONS AND PRISONERS Chapter 1. County Prisons and Prisoners Chapter 3. Removal of Prisoners Chapter 5. State Offenders Serving Sentences in County Jails 7 TITLE 49. CONSERVATION AND ECOLOGY Chapter 5. Fish and Game Protection Chapter 7. Hunting and Fishing Chapter 17. Pollution of Waters, Air Chapter 19. Forests and Forest Protection TITLE 51. WATER AND WATER RESOURCES Chapter 7. Water Management Districts Chapter 8. Joint Water Management Districts Chapter 9. Pearl River Region and Water Supply Chapter 11. Pearl River Basin Development