MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Education

By: Senator(s) Ferris

AN ACT TO AMEND SECTION 75-60-15, MISSISSIPPI CODE OF 1972, TO RESTORE THE FEE ASSESSED UNDER THE MISSISSIPPI PROPRIETARY SCHOOL AND COLLEGE REGISTRATION LAW WHICH IS BASED ON THE APPLICANT SCHOOL'S GROSS ANNUAL TUITION INCOME; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 75-60-15, Mississippi Code of 1972, is amended as follows:

75-60-15. (1) The initial application fee shall be Five Hundred Dollars ($500.00) which shall accompany each application for certificate of registration, and the renewal fee shall be Two Hundred Fifty Dollars ($250.00). There shall be an additional initial fee based upon the applicant school's gross tuition income collected during the first year after registration, according to the following schedule:

GROSS ANNUAL TUITION INCOME FEE

0 - $1,249,999.00 2/10 OF 1%

$1,250,000.00 or above 1/10 of 1%

Such additional fee shall be paid within thirty (30) days after the end of such year. There shall be an additional annual renewal fee based upon the school's gross tuition income collected during the previous license year, according to the same schedule which shall accompany application for renewal. Such additional and renewal fees are each subject to a maximum fee of Ten Thousand Dollars ($10,000.00) and a minimum fee of Fifty Dollars ($50.00).

(2) If a renewal fee is not paid at least thirty (30) days prior to the expiration of a school's certificate of registration, in addition to the renewal fee, there shall be a delinquent fee of one-tenth of one percent (1/10 of 1%) of such school's gross tuition revenues collected during the previous registration year, with a maximum fee of Two Thousand Five Hundred Dollars ($2,500.00) and a minimum fee of Twenty-five Dollars ($25.00). The reinstatement registration fee for a suspended school shall be Five Hundred Dollars ($500.00). No portion of any license fee shall be subject to refund.

(3) A certificate of registration shall be issued or denied within sixty (60) days after receipt of the application by the commission.

(4) No new program of study shall be offered by any school holding a certificate of registration until it is registered with and approved by the commission in accordance with procedures which shall be established by the commission. After such course is registered in accordance with the approval procedures provided for herein, it shall be included as a part of any renewal of a certificate of registration. Each application for the original registration of a new course shall be accompanied by a fee of One Hundred Dollars ($100.00).

(5) A certificate of registration shall be valid only for the school and courses for which it is issued and shall not include other schools or additional locations of a school unless each such additional location (a) offers only courses which are identical to courses offered at the registered location and (b) is under the same ownership, management and control as that of the registered location except as may be provided otherwise in this section. Such additional locations meeting such requirements shall be identified as "annexes" on a certificate application. Gross tuition revenues for the registered location and all annexes shall be combined for the purpose of determining fees payable under this section.

(6) The fee submitted with the application is not returnable to the applicant, even though a certificate of registration is not issued.

SECTION 2. It is the intent of the Legislature that since the purpose of this act is to restore language that was inadvertently deleted during the 1998 Regular Session, the provisions of this act shall apply retroactively. This act shall take effect and be in force from and after July 1, 1998.