Mississippi Advisory Opinions November 10, 2006: No. 2006-00549 (November 10, 2006)

No. 2006-00549.

DOCK 2006-00549

Dear Mr. Gilmore:

Attorney General Jim Hood received your letter of request and assigned it to me for research and reply. Your letter states:

I am requesting a letter from the Attorney General of the State of Mississippi to explain the legal right that the Hancock County Commissioners of Election have, to collect their increase per diem under the subject. The House Bill No. 786 was passed by both the House and the Senate, then signed by the Governor.

This increase was to be effective 29 June of this year and as yet we have not had any increase. The Board of Commissioners of Elections have requested me as the Chair to make this formal request as to how the law of the House Bill 786 affects our legal rights to begin collecting our per diem and the per diem we were to receive starting 29 June 2006.

In response to your inquiry, please see the enclosed copy of our opinion addressed to The Honorable Linda Boschert, et al. That opinion states that the increase in the per diem for county election commissioners provided for in Senate Bill 2291 (Chapter 592) automatically became effective on June 29, 2006 which was the date the U.S. Department of Justice approved the law. It further states that each county is obligated to pay its commissioners the new per diem of eighty-four dollars ($84.00). The county is obligated to pay the new per diem from and after June 29, 2006.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Phil Carter Special Assistant Attorney General