MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Accountability, Efficiency, Transparency; Appropriations
By: Representative Young
AN ACT TO EXEMPT ACTIVE AND RETIRED PUBLIC EMPLOYEES WHO RECEIVE DIRECT DEPOSITS OF THEIR COMPENSATION OR RETIREMENT ALLOWANCE FROM BAD CHECK FEES IF THE SOLE REASON THEIR ACCOUNT WAS OVERDRAWN WAS AN ERROR IN FUNDS BEING DEPOSITED IN THEIR ACCOUNT CAUSED BY THEIR EMPLOYER OR THE RETIREMENT SYSTEM; TO AMEND SECTIONS 81-14-365, 97-19-57, 73-9-43, 73-34-45, 73-35-17, 73-60-29 AND 75-67-122, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Any active or retired public employee who is a member of the Mississippi Public Employees' Retirement System (PERS) or the Mississippi Highway Safety Patrol Retirement System (MHSPRS) shall not be charged a processing fee or penalty, by any financial institution or any other entity, for checks or other funds withdrawal transactions made by the member and drawn on an account that has insufficient funds, provided that:
(a) The member receives his or her compensation from his or her public employer or his or her retirement allowance from PERS or MHSPRS through direct deposit;
(b) The sole cause of the member's account being overdrawn was an error made by the member's public employer or by PERS or MHSPRS that resulted in the member's compensation being deposited into his or her account on a date other than what is usually expected based on the customary practice of the employer, PERS or MHSPRS; and
(c) The member had no notice of the error made with his or her deposit before making a check or other funds withdrawal transaction that is to be drawn on the institution that holds his or her account.
SECTION 2. Section 81-14-365, Mississippi Code of 1972, is amended as follows:
81-14-365. * * * A
processing fee may be charged and collected by any savings bank for checks on
which payment has been refused by the payor depository institution. Except
as otherwise provided in Section 1 of this act, a savings bank may also
collect such fee for checks drawn on that savings bank with respect to an
account with insufficient funds.
SECTION 3. Section 97-19-57, Mississippi Code of 1972, is amended as follows:
97-19-57. (1) As against the maker, drawer or payor thereof, the making, drawing, issuing, uttering, delivering, or initiation of a check, draft, order, electronically converted check, or electronic commercial debit payment of which is refused by the drawee, shall be prima facie evidence and create a presumption of intent to defraud and of knowledge of insufficient funds in, or on deposit with, such bank, corporation, firm or person, provided such maker, drawer or payor shall not have paid the holder or payee thereof the amount due thereon, together with a service charge of Forty Dollars ($40.00), within fifteen (15) days after receiving notice that such check, draft, order, electronically converted check, or electronic commercial debit has not been paid by the drawee or payor's bank, unless the maker, drawer or payor is exempted from an overdrawn account processing fee or penalty as provided in Section 1 of this act.
(2) For purposes of Section
11-7-12, the form of the notice provided for in subsection (1) of this section
for a check, draft, order, or electronically converted check shall be sent by
regular mail and shall be substantially as follows: "This statutory
notice is provided pursuant to Section 97-19-57 * * *. You are hereby
notified that a check, draft, order, or electronically converted check numbered
_____, apparently issued by you on _____ (date), drawn upon _____ (name of
bank), and payable to _____, has been dishonored. Pursuant to Mississippi law,
you have fifteen (15) days from receipt of this notice to tender payment of the
full amount of such check, draft or order, or electronically converted check
plus a service charge of Forty Dollars ($40.00), the total amount due being
$_____. Failure to pay this amount in full within the time specified
above shall be prima facie evidence of and create a presumption of both the
intent to defraud and the knowledge of insufficient funds in, or on deposit
with, such bank in violation of Section 97-19-55."
(3) For purposes of Section
97-19-67, the form of the notice provided for in subsection (1) of this section
for a check, draft, order, or electronically converted check shall be sent by
regular mail, supported by an affidavit of service by mailing, and shall be
substantially as follows: "This statutory notice is provided pursuant to
Section 97-19-57 * * *. You are hereby notified that a check,
draft, order, or electronically converted check numbered _____, apparently
issued by you on _____ (date), drawn upon _____ (name of bank), and payable to
_____, has been dishonored. Pursuant to Mississippi law, you have fifteen (15)
days from receipt of this notice to tender payment of the full amount of such
check, draft or order, or electronically converted check plus a service charge
of Forty Dollars ($40.00), the total amount due being $_____. Unless this
amount is paid in full within the time specified above, the holder may assume
that you delivered the instrument with intent to defraud and may turn over the
dishonored instrument and all other available information relating to this
incident to the proper authorities for criminal prosecution."
(4)
For purposes of Sections 11-7-12 and 97-19-67, the form of notice provided for
in subsection (1) of this section for an electronic commercial debit shall be
sent by regular mail, supported by an affidavit of service by mailing, and
shall be substantially as follows: "This statutory notice is provided
pursuant to Section 97-19-57 * * *. You are hereby
notified that on ______(date) an electronic commercial debit was initiated
by_____(name of payee bank) on behalf of _______ (payee) to ___________ (name
of payor bank) through the ACH Network requesting a payment in the amount of
$_______ to ___________ (payee) from your account pursuant to invoice number
________ and our agreement dated ________, but that payment has been
dishonored. Pursuant to Mississippi law, because the payee delivered
___________ (goods or service) to you in reliance upon the agreement, you have
fifteen (15) days from receipt of this notice to tender payment of the full
amount of such electronic commercial debit plus a service charge of Forty
Dollars ($40.00), the total amount due being $_______. Failure to pay this
amount in full within the time specified above shall be prima facie evidence of
and create a presumption of both the intent to defraud and the knowledge of
insufficient funds in, or on deposit with, such bank in violation of Section 97-19-55,
and the payee may assume that you entered into such agreement with intent to
defraud and may turn over all documentation related to the dishonored
electronic commercial debit to the proper authorities for criminal
prosecution."
(5) If any notice is returned undelivered to the sender after such notice was mailed to the address printed on the check, draft or order, or to the address given by the accused at the time of issuance of the instrument, such return shall be prima facie evidence of the maker's or drawer's intent to defraud.
(6) Affidavit of service by mail shall be adequate if made in substantially the following form:
"STATE OF ____________
COUNTY OF ____________
________________, being first duly sworn on oath, deposes and states that he/she is at least eighteen (18) years of age and that on (date)______________, 2___, he/she served the attached Notice of Dishonor by placing a true and correct copy thereof securely enclosed in an envelope addressed as follows:
______________________________
______________________________
______________________________
and deposited the same, postage prepaid, in the United States mail at ________________________, __________________________.
__________________________________
(signature)
Subscribed to and sworn before me, this the ________ day of _____________________, 2___.
_________________________________
(Notary Public)
My commission expires:
(SEAL)"
(7) Without in any way limiting the provisions of this section, this section shall apply to a draft for the payment of money given for a motor vehicle even if such payment is conditioned upon delivery of documents necessary for transfer of a valid title to the purchaser.
SECTION 4. Section 73-9-43, Mississippi Code of 1972, is amended as follows:
73-9-43. (1) The secretary or executive director shall collect in advance all fees provided for in this chapter as established by the board, not to exceed:
Application for dental license.................... $ 600.00
Application for dental license through
credentials.................................. 2,500.00
Application for dental specialty license........... 400.00
Application for dental institutional,
teaching or provisional license............... 600.00
Application for dental hygiene license............. 400.00
Application for dental hygiene license through
credentials.................................. 750.00
Application for dental hygiene institutional,
teaching or provisional license............... 400.00
Application for general anesthesia permit.......... 400.00
Application for I.V. sedation permit............... 400.00
Application for radiology permit.................. 100.00
Dental license renewal............................ 300.00
Dental specialty license renewal.................. 200.00
Dental institutional, teaching or
provisional license renewal.................. 300.00
Dental hygiene license renewal.................... 150.00
Dental hygiene institutional, teaching or
provisional license renewal.................. 150.00
General anesthesia permit renewal................. 200.00
I.V. sedation permit renewal...................... 200.00
Radiology permit renewal.......................... 75.00
Penalty for delinquent renewal of dental licenses;
dental specialty licenses; and dental institutional,
teaching and provisional licenses:
First month (plus renewal fee)................ 100.00
Second month (plus renewal fee)............... 150.00
Penalty for delinquent renewal of dental hygiene
licenses and dental hygiene institutional,
teaching and provisional licenses:
First month (plus renewal fee)................ 50.00
Second month (plus renewal fee)............... 75.00
Penalty for delinquent renewal of radiology permits:
First month (plus renewal fee)................ 45.00
Second month (plus renewal fee)............... 65.00
Penalty for nonnotification of change of address... 50.00
Penalty for duplicate renewal forms and
certification cards.......................... 50.00
Duplicate or replacement license or permit......... 40.00
Certification of licensure status................. 40.00
Certified copy of license or permit................ 40.00
Handling fee for nonsufficient funds check......... 50.00
Requests for database information................. 300.00
Radiology examinations administered in board's
office....................................... 100.00
Dental and dental hygiene licensure examination
manuals...................................... 50.00
Dental and dental hygiene licensure by
credentials packets.......................... 50.00
Laws and/or regulations........................... 50.00
Disciplinary action orders........................ 25.00
Newsletters....................................... 20.00
(2) The board may enact and enforce for delinquency in payment for any fees set out in this section a penalty in addition to the fee of an amount up to but not in excess of the fee. An additional fee of an amount equal to the first penalty may be assessed for each thirty (30) days, or part thereof, of delinquency. If any license or permit holder is delinquent in payment of renewal fees exceeding sixty (60) days from the initial renewal deadline as set by the board, the person shall be presumed to be no longer practicing, shall be stricken from the rolls and shall be deemed an illegal practitioner, subject to the penalties as enumerated in Section 73-9-41. In order to practice his or her profession in this state thereafter, the person may, at the discretion of the board, be considered as a new applicant and subject to examination and other licensing requirements as an original applicant.
(3) The secretary or executive director shall faithfully account for all monies received by the board. All fees and any other monies received by the board, except monetary penalties collected under Section 73-9-61, shall be deposited in a special fund that is created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for that purpose. Any interest earned on this special fund shall be credited by the State Treasurer to the fund and shall not be paid into the State General Fund. Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund.
(4) For conducting the initial and retake examinations of applicants for licensure the secretary shall receive no more than Nine Hundred Dollars ($900.00) per day for each examination, and no other member shall receive more than Seven Hundred Dollars ($700.00) per day for each examination. The receipt of that compensation shall not entitle members of the board to receive or be eligible for any state employee group insurance, retirement or other fringe benefits. Any fees or income other than the maximum allowable for examining applicants for licensure as set out above shall be accounted for and may be used as needed in carrying out the provisions of this chapter.
(5) A portion of the fee charged for license renewal of dentists and dental hygienists may be used to support a program to aid impaired dentists and/or dental hygienists. The payment of per diem and expense for attending board meetings shall be in addition to the compensation permitted above for examining applicants for licensure, and the per diem shall not exceed the amount provided in Section 25-3-69.
(6) No fee for the handling of a nonsufficient funds check shall be charged to persons exempted from those fees under Section 1 of this act.
SECTION 5. Section 73-34-45, Mississippi Code of 1972, is amended as follows:
73-34-45. (1) The commission shall charge and collect appropriate fees for its services under this chapter. The fees charged shall not exceed the amounts indicated below and shall be set by the board.
Application and examination......................... $225.00
Application only.................................... $175.00
Initial and renewal license......................... $325.00
Delinquent renewal penalty............... 100% of renewal fee
For each change of address.......................... $ 25.00
For each duplicate license.......................... $ 25.00
To change status as a licensee between active/inactive $ 25.00
For each bad check received by the commission........ $ 25.00
(2) (a) The board shall establish the fee to be paid by each appraisal management company making application for registration under this chapter that is sufficient for the administration regulation and enforcement of the provisions of the Mississippi Appraisal Management Company Registration Act (Section 73-34-101 et seq.), but in no case shall the fee for initial registration be more than One Thousand Dollars ($1,000.00). However, beginning July 1, 2015, the board may increase the registration fee to an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) if the board finds the increase necessary for the regulation and enforcement of this chapter.
(b) The board may establish a similar fee, not to exceed One Thousand Dollars ($1,000.00), for the renewal of any registration, and a delinquent renewal penalty not to exceed one hundred percent (100%) of the renewal fee. However, beginning July 1, 2015, the board may increase the renewal fee to an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) if the board finds the increase necessary for the regulation and enforcement of this chapter, and a delinquent renewal penalty not to exceed one hundred percent (100%) of the renewal fee.
(3) The board by rule shall establish and collect from each appraisal management company (AMC) registered under this chapter the national registry fee required by the Appraisal Subcommittee for each person who is on the appraisal panel of the company and licensed or certified as an appraiser in this state.
(a) Unless exempted under provisions of this chapter or federal law/regulation, the board shall collect from each appraisal management company operating in this state:
(i) The national registry fee required by the Appraisal Subcommittee;
(ii) Information necessary for the board to determine the national registry fee as required by the Appraisal Subcommittee;
(iii) A fee in an amount that is sufficient for the administration of this subsection as established by board rule; and
(iv) Any other information required by state or federal law.
(b) The board shall deposit the national registry fees collected under this section into an account maintained only for purposes of collecting and disbursing the national registry fees collected pursuant to this subsection.
(c) The national registry fees collected under this section shall be transmitted to the Appraisal Subcommittee regularly as required by the Appraisal Subcommittee and federal law.
(d) The board may adopt such rules and regulations necessary to implement the requirements of this subsection.
(4) The board may charge additional fees for its services which the board deems appropriate to carry out its intent and purpose. These additional fees shall not exceed the cost of rendering the service.
(5) Except for those fees collected by the board as required for disbursement to national registries, all fees charged and collected under this chapter shall be paid by the commission at least once a week, accompanied by a detailed statement thereof, to the credit of the fund known as the "Real Estate Appraisal License Fund," hereby created in the State Treasury. All monies which are collected under this chapter shall be paid into and credited to the fund for the use of the board in carrying out the provisions of this chapter, including the payment of salaries and expenses, printing an annual directory of licensees, and for educational purposes. The commission shall submit a monthly statement to the board detailing any expenses which it bears as a share in the expense of administering this chapter, for which expenses it shall be reimbursed in the amount approved by the board. The commission shall prepare an annual statement of income and expenses related to its appraisal-related administrative function.
(6) No fee for the handling of a bad check shall be charged to persons exempted from those fees under Section 1 of this act.
SECTION 6. Section 73-35-17, Mississippi Code of 1972, is amended as follows:
73-35-17. (1) A fee not to
exceed One Hundred Fifty Dollars ($150.00) shall accompany an application for a
real estate broker's license, and in the event that the applicant successfully
passes the examination, no additional fee shall be required for the issuance of
a license for a one-year period; provided, that if an applicant fails to pass
the examination, he or she may be eligible to take the next or
succeeding examination without the payment of an additional fee. In the event
a contract testing service is * * * used, the fee associated with
administering the test shall be collected by the testing provider and the
application fee for any real estate license shall be collected by the
commission.
(2) For each license as a real estate broker issued to a member of a partnership, association or officer of a corporation other than the member or officer named in the license issued to such partnership, association or corporation, a fee not to exceed Seventy-five Dollars ($75.00) shall be charged.
(3) A fee not to exceed One
Hundred Twenty Dollars ($120.00) shall accompany an application for a real
estate salesperson's license, and in the event that the applicant successfully
passes the examination, no additional fee shall be required for the issuance of
a license for a one-year period; provided, that if an applicant fails to pass
the examination, he or she may be eligible to take the next or succeeding
examination without the payment of an additional fee. In the event a contract
testing service is * * * used, the fee associated with administering the test
shall be collected by the testing provider and the application fee for any real
estate license shall be collected by the commission.
(4) Except as provided in Section 33-1-39, it shall be the duty of all persons, partnerships, associations, companies or corporations licensed to practice as a real estate broker or salesperson to register with the commission annually or biennially, in the discretion of the commission, according to rules promulgated by it and to pay the proper registration fee. An application for renewal of license shall be made to the commission annually no later than December 31 of each year, or biennially on a date set by the commission. A licensee failing to pay his or her renewal fee after the same becomes due and after two (2) months' written notice of his or her delinquency mailed to him or her by United States certified mail addressed to his or her address of record with the commission shall thereby have his or her license automatically cancelled. Any licensee renewing in this grace period shall pay a penalty in the amount of one hundred percent (100%) of the renewal fee. The renewal fee shall not exceed Seventy-five Dollars ($75.00) per year for real estate brokers, partnerships, associations and corporations. The renewal fee for a real estate salesperson's license shall not exceed Sixty Dollars ($60.00) per year.
(5) For each additional office or place of business, an annual fee not to exceed Fifty Dollars ($50.00) shall be charged.
(6) For each change of office or place of business, a fee not to exceed Fifty Dollars ($50.00) shall be charged.
(7) For each duplicate or transfer of salesperson's license, a fee not to exceed Fifty Dollars ($50.00) shall be charged.
(8) For each duplicate license, where the original license is lost or destroyed, and affidavit made thereof, a fee not to exceed Fifty Dollars ($50.00) shall be charged.
(9) To change status as a licensee from active to inactive status, a fee not to exceed Twenty-five Dollars ($25.00) shall be charged. To change status as a licensee from inactive to active status, a fee not to exceed Fifty Dollars ($50.00) shall be charged.
(10) For each bad check received by the commission, a fee not to exceed Twenty-five Dollars ($25.00) shall be charged.
(11) A fee not to exceed Five Dollars ($5.00) per hour of instruction may be charged to allay costs of seminars for educational purposes provided by the commission.
(12) A fee not to exceed Twenty-five Dollars ($25.00) may be charged for furnishing any person a copy of a real estate license, a notarized certificate of licensure or other official record of the commission.
(13) A fee not to exceed One Hundred Dollars ($100.00) shall be charged to review and process the application and instructional materials for each curriculum seeking acceptance as a real estate continuing education course developed to satisfy the mandatory continuing education requirements for this chapter, with the period of approval expiring after one (1) year. A fee not to exceed Fifty Dollars ($50.00) shall be charged for each renewal of a previously approved course, with the period of renewal expiring after one (1) year.
(14) Fees, up to the limits specified herein, shall be established by the Mississippi Real Estate Commission.
(15) No fee for the handling of a bad check shall be charged to persons exempted from those fees under Section 1 of this act.
SECTION 7. Section 73-60-29, Mississippi Code of 1972, is amended as follows:
73-60-29. The commission shall charge and collect appropriate fees for its services under this chapter. The fees charged shall not exceed the amounts indicated below and shall be set by the commission.
LICENSURE FEES:
Application and examination.............................. $175.00
Initial and renewal license.............................. $325.00
Delinquent renewal penalty................... 100% of renewal fee
SERVICES:
For each change of address............................... $ 25.00
For each duplicate license............................... $ 25.00
To change status as a licensee from active to inactive.... $ 25.00
For each bad check received by the commission............. $ 25.00
All fees charged and collected under this chapter shall be paid by the commission at least once a week, accompanied by a detailed statement thereof, to the credit of the fund known as the "Home Inspector License Fund," hereby created in the State Treasury. All monies which are collected under this chapter shall be paid into and credited to such fund for the use of the commission in carrying out the provisions of the chapter including the payment of salaries and expenses, printing an annual directory of licensees, and for educational purposes. All interest earned on the Home Inspector License Fund shall be retained by the commission for purposes consistent with this chapter. The commission shall prepare an annual statement of income and expenses related to its regulatory related administrative function.
No fee for the handling of a bad check shall be charged to persons exempted from those fees under Section 1 of this act.
SECTION 8. Section 75-67-122, Mississippi Code of 1972, is amended as follows:
75-67-122. Any licensee hereunder who receives a check, draft, negotiable order of withdrawal or like instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan or other extension of credit may, if such instrument is not paid or is dishonored by such institution, charge and collect from the borrower or person to whom the credit was extended, a bad check charge in an amount not to exceed the sum of Fifteen Dollars ($15.00). This charge may be made only once with respect to the same instrument, and after the nonpayment or dishonor of the instrument, it shall be returned by the licensee to the borrower or person to whom credit was extended. This charge shall not be deemed to be interest, finance charge or other charge made as an incident to or as a condition to the grant of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit as provided in this chapter or in any other law of this state. However, no fee for the handling of a bad check shall be charged to persons exempted from those fees under Section 1 of this act.
SECTION 9. This act shall take effect and be in force from and after July 1, 2021.