MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Judiciary A

By: Representative Reeves, Akins, Aldridge, Brown, Carlton, Dickson, Flaggs, Fleming, Fredericks, Jennings, Mayo, McBride, Montgomery, Moore, Rogers (14th), Scott, Taylor, Thomas, Watson, Wells-Smith, Whittington, Zuber

House Bill 794

AN ACT TO AMEND SECTION 93-21-117, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ADDITIONAL ASSESSMENT FOR DIVORCE ACTIONS TO BE DEPOSITED INTO THE VICTIMS OF DOMESTIC VIOLENCE FUND; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 93-21-117, Mississippi Code of 1972, is amended as follows:

     93-21-117.  There is hereby created in the State Treasury a special fund to be known as the "Victims of Domestic Violence Fund."  The circuit clerks of the state shall deposit in such fund on a monthly basis the additional fee charged and collected for marriage licenses under the provisions of Section 25-7-13, Mississippi Code of 1972.  In addition, all other monies received from every source for the support of the program for victims of domestic violence, established by Sections 93-21-101 through 93-21-113, shall be deposited in the "Victims of Domestic Violence Fund."  The monies in the fund shall be used by the State Department of Health solely for funding and administering domestic violence shelters under the provisions of Sections 93-21-101 through 93-21-113, in such amounts as the Legislature may appropriate to the department for the program for victims of domestic violence established by Sections 93-21-101 through 93-21-113.  Not more than ten percent (10%) of the monies in the "Victims of Domestic Violence Fund" shall be appropriated to the State Department of Health for the administration of domestic violence shelters.

     In addition to any other fee collected for filing an action for divorce in chancery court, there shall be an additional fee of Thirty-seven Dollars and Fifty Cents ($37.50) collected for each divorce action which shall be remitted to the "Victims of Domestic Violence Fund."  These funds shall be for support of the program for victims of domestic violence established by Section 93-21-101 et seq.  The divorce fee shall be collected by the chancery clerks of the state and deposited to the fund on a monthly basis.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2004.